Policing and Crime Bill (HC Bill 158)

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or 132 or otherwise) that the holder of the licence (“the licence holder”)
has been, at any time before or after the grant of the licence—

(a) convicted of any relevant offence or foreign offence, or

(b) required to pay an immigration penalty.

(2) 5But this section does not apply at any time when—

(a) in the case of a licence holder who has been convicted of any
relevant offence or foreign offence—

(i) the licence holder has appealed against a conviction for,
or any sentence imposed in relation to, a relevant
10offence or foreign offence and that appeal has not been
disposed of, or

(ii) the time limit for appealing against such a conviction or
sentence has not expired, or

(b) in the case of a licence holder who has been required to pay an
15immigration penalty—

(i) the licence holder has objected to, or appealed against,
the imposition of the penalty and that objection or
appeal has not been disposed of, or

(ii) the time limit for objecting to, or appealing against, the
20imposition of the penalty has not expired.

(3) The relevant licensing authority may—

(a) suspend the licence for a period not exceeding six months, or

(b) revoke the licence.

(4) If the relevant licensing authority is considering whether to suspend or
25revoke the licence, the authority must give notice to the licence holder.

(5) A notice under subsection (4) must invite the licence holder to make
representations regarding—

(a) the relevant offence, foreign offence or immigration penalty
that has caused the relevant licensing authority to issue the
30notice,

(b) any decision of a court under section 129 or 130 in relation to the
licence, and

(c) any other relevant information (including information
regarding the licence holder’s personal circumstances).

(6) 35The licence holder may make representations under subsection (5) to
the relevant licensing authority within the period of 28 days beginning
with the day the notice was issued.

(7) Before deciding whether to suspend or revoke the licence the relevant
licensing authority must take into account—

(a) 40any representations made by the licence holder under this
section,

(b) any decision of a court under section 129 or 130 of which the
licensing authority is aware, and

(c) any other information which the authority considers relevant.

(8) 45Having taken into account the matters described in subsection (7) the
relevant licensing authority may make a decision whether to suspend
or revoke a licence, unless subsection (9) applies.

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(9) This subsection applies where the relevant licensing authority has
taken into account the matters described in subsection (7) and proposes
not to revoke the licence.

(10) Where subsection (9) applies the authority must—

(a) 5give notice to the chief officer of police for its area that it
proposes not to revoke the licence, and

(b) invite the officer to make representations regarding the issue of
whether the licence should be suspended or revoked having
regard to the crime prevention objective.

(11) 10The chief officer of police may make representations under subsection
(10)(b) to the relevant licensing authority within the period of 14 days
beginning with the day the notice was received.

(12) Where the relevant licensing authority has given notice to the chief
officer of police under subsection (10)(a), the authority must take into
15account—

(a) any representations from the officer, and

(b) the matters described in subsection (7),

and then make a decision whether to suspend or revoke the licence.

(13) The relevant licensing authority must give notice of any decision made
20under subsection (8) or (12) to the licence holder and the chief officer of
police, including reasons for the decision.

(14) A decision under this section does not have effect—

(a) until the end of the period given for appealing against the
decision, or

(b) 25if the decision is appealed against, until the appeal is disposed
of.

(15) A decision under subsection (8) or (12) may be appealed (see paragraph
17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).”

(4) In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-
30paragraph (5) insert—

(5A) Where a licensing authority revokes or suspends a personal licence
under section 132A(8) or (12) the holder of the licence may appeal
against that decision.”

112 Licencing Act 2003: addition of further relevant offences

(1) 35Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is
amended as follows.

(2) In paragraph 18 (sexual offences), after sub-paragraph (a) insert—

(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual
offences for the purposes of notification and orders);”.

(3) 40After paragraph 19 (violent offences) insert—

19A An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act
2003 (specified violent offences).”

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(4) After paragraph 22 (fraud offences) insert—

22ZA An offence under any of the following provisions of the Violent
Crime Reduction Act 2006—

(a) section 28 (using someone to mind a weapon);

(b) 5section 36 (manufacture, import and sale of realistic imitation
firearms).”

(5) After paragraph 23A (offences under the Psychoactive Substances Act 2016)
insert—

23B An offence listed in section 41 of the Counter-Terrorism Act 2008
10(terrorism offences).”

113 Licensing Act 2003: guidance

In the Licensing Act 2003, in section 182 (guidance) omit subsections (2) and (4)
to (6).

Part 8 15Financial sanctions

Interpretation

114 Interpretation

(1) This section sets out definitions that apply for the purposes of this Part.

(2) EU financial sanctions Regulation” means an EU Regulation adopted under
20Article 215 of the Treaty on the Functioning of the European Union to the
extent that the Regulation—

(a) imposes prohibitions or obligations for one or more of the following
purposes—

(i) freezing funds or economic resources;

(ii) 25preventing funds or economic resources being made available;

(iii) prohibiting or restricting access to financial markets or financial
services;

(b) makes provision to supplement prohibitions or obligations of the kind
mentioned in paragraph (a).

(3) 30UN financial sanctions Resolution” means a resolution adopted by the
Security Council of the United Nations to the extent that the resolution
provides under article 41 of the Charter of the United Nations for States to take
measures that—

(a) impose prohibitions or obligations for one or more of the following
35purposes—

(i) freezing funds or economic resources;

(ii) preventing funds or economic resources being made available;

(iii) prohibiting or restricting access to financial markets or financial
services;

(b) 40make provision to supplement prohibitions or obligations of the kind
mentioned in paragraph (a).

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(4) “Financial sanctions legislation” means—

(a) an EU financial sanctions Regulation;

(b) an instrument made under section 2(2) of the European Communities
Act 1972 for the purpose of implementing, or otherwise in relation to,
5EU obligations created or arising by or under an EU financial sanctions
Regulation;

(c) a provision of an Act or of subordinate legislation (within the meaning
of the Interpretation Act 1978) where the purpose of the provision is to
implement a UN financial sanctions Resolution;

(d) 10a freezing order under section 4 of the Anti-terrorism, Crime and
Security Act 2001;

(e) a direction under Schedule 7 to the Counter-Terrorism Act 2008 to the
extent that it contains a requirement of a kind mentioned in paragraph
13 of that Schedule (limiting or ceasing business), paragraph 17 of that
15Schedule and Part 5 of that Schedule so far as it relates to the
enforcement of a requirement of a kind mentioned in paragraph 13 of
that Schedule.

(5) The reference in subsection (2) to Article 215 of the Treaty on the Functioning
of the European Union includes a reference to any of Articles 60, 301 and 308
20of the Treaty establishing the European Community (as it had effect before 1
December).

Enhanced maximum penalties

115 Powers to create offences under section 2(2) ECA 1972: maximum term of
imprisonment

(1) 25Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 applies
with the following modifications in relation to the exercise of the powers
conferred by section 2(2) of that Act (“the section 2(2) powers”) to make
provision for the purpose of implementing, or otherwise in relation to, EU
obligations created or arising by or under an EU financial sanctions Regulation.

(2) 30The prohibition arising under paragraph 1(1)(d) on the creation of offences
punishable by imprisonment for more than a period specified in that
paragraph does not apply to the exercise of the section 2(2) powers for those
purposes.

(3) Instead, the section 2(2) powers may not be exercised for those purposes to
35create an offence punishable by imprisonment for a period exceeding—

(a) in the case of conviction on indictment, 7 years;

(b) in the case of summary conviction—

(i) in relation to England and Wales, 12 months or, in relation to
offences committed before section 154(1) of the Criminal Justice
40Act 2003 comes into force, 6 months;

(ii) in relation to Scotland, 12 months;

(iii) in relation to Northern Ireland, 6 months.

(4) Subsection (5) applies where, at any time before this section comes into force,
the section 2(2) powers have been exercised for those purposes to create an
45offence punishable by imprisonment.

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(5) The section 2(2) powers may (at any time after this section comes into force) be
exercised for those purposes to vary the provision made for the maximum
period of imprisonment by making any provision that could (by virtue of
subsections (2) and (3)) be made if the offence were created after this section
5comes into force.

(6) A variation made in reliance on subsection (5) does not affect the penalty for an
offence if any act or other event proof of which is required for conviction of the
offence takes place before this section comes into force.

116 Other offences: maximum term of imprisonment

(1) 10Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders)
is amended in accordance with subsections (2) and (3).

(2) In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—

(“a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
15exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
2012 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) 25on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine, or to both.”

(3) In that paragraph, in sub-paragraph (7), for the words from “on summary
conviction” to the end of the sub-paragraph substitute

(a) on summary conviction—

(i) 30in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) 35in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
40statutory maximum, or to both;

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

(4) Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money
laundering) is amended in accordance with subsections (5) to (9).

(5) 45In paragraph 30 (offence of failure to comply with requirement imposed by

Policing and Crime BillPage 125

direction), after sub-paragraph (4) insert—

(4A) In a case where a person is guilty of an offence under this paragraph
by failing to comply with a requirement of a kind mentioned in
paragraph 13, the person is liable—

(a) 5on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, 6 months) or to a
10fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
15exceeding 6 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 7 years or to a fine, or to both.”

(6) In sub-paragraph (5) of that paragraph, at the beginning insert “In any other
20case,”.

(7) In paragraph 30A (offence of relevant person circumventing requirements),
after sub-paragraph (1) insert—

(1A) In a case where a person is guilty of an offence under this paragraph
in relation to a requirement of a kind mentioned in paragraph 13, the
25person is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal
30Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
maximum, or to both;

(iii) 35in Northern Ireland, to imprisonment for a term not
exceeding 6 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 7 years or to a fine, or to both.”

(8) 40In sub-paragraph (2) of that paragraph, at the beginning insert “In any other
case,”.

(9) In paragraph 31 (offences in connection with licences), in sub-paragraph (2),
for the words from “on conviction on indictment” to the end of the sub-
paragraph substitute

(a) 45on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal

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Justice Act 2003 comes into force, 6 months) or to a
fine, or to both;

(ii) in Scotland, to imprisonment for a term not exceeding
12 months, or to a fine not exceeding the statutory
5maximum, or to both;

(iii) in Northern Ireland, to imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the
statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
10exceeding 2 years or to a fine, or to both.”

(10) The amendments made by this section do not affect the penalty for an offence
if any act or other event proof of which is required for conviction of the offence
takes place before this section comes into force.

Civil sanctions

117 15Power to impose monetary penalties

(1) The Treasury may impose a monetary penalty on a person if it is satisfied, on
the balance of probabilities, that—

(a) the person has breached a prohibition, or failed to comply with an
obligation, that is imposed by or under financial sanctions legislation,
20and

(b) the person knew, or had reasonable cause to suspect, that the person
was in breach of the prohibition or (as the case may be) had failed to
comply with the obligation.

(2) The amount of the penalty is to be such amount as the Treasury may determine
25but it may not exceed the permitted maximum.

(3) In a case where the breach or failure relates to particular funds or economic
resources and it is possible to estimate the value of the funds or economic
resources, the permitted maximum is the greater of—

(a) £1,000,000, and

(b) 3050% of the estimated value of the funds or resources.

(4) In any other case, the permitted maximum is £1,000,000.

(5) In subsection (3), “funds” and “economic resources” have the same meanings
as they have in the financial sanctions legislation that contains the prohibition
or obligation in respect of which the monetary penalty is imposed.

(6) 35The Treasury must keep the amount for the time being specified in subsection
(3)(a) or (4) under review.

(7) The Treasury may by regulations made by statutory instrument amend
subsection (3)(a) or (4) so as to substitute another amount for the amount for
the time being specified in it.

(8) 40Regulations under subsection (7) may include transitional provision.

(9) Before making regulations under subsection (7), the Treasury must consult
such persons as it considers appropriate.

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(10) A statutory instrument containing regulations under subsection (7) 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 monetary penalty payable under this section is recoverable by the
5Treasury as a civil debt.

(12) Any monetary penalty received by the Treasury by virtue of this section must
be paid into the Consolidated Fund.

(13) This section does not authorise the imposition of a monetary penalty on the
Crown.

118 10Monetary penalties: procedural rights

(1) Before imposing a monetary penalty on a person under section 117, the
Treasury must inform the person of its intention to do so.

(2) The Treasury must also—

(a) explain the grounds for imposing the penalty,

(b) 15specify the amount of the penalty,

(c) explain that the person is entitled to make representations, and

(d) specify the period within which any such representations must be
made.

(3) If (having considered any representations), the Treasury decides to impose the
20penalty, the Treasury must—

(a) inform the person of its decision,

(b) explain that the person is entitled to seek a review by a Minister of the
Crown, and

(c) specify the period within which the person must inform the Treasury
25that the person wishes to seek such a review.

(4) If the person seeks a review, the Minister may—

(a) uphold the decision to impose the penalty and its amount,

(b) uphold the decision to impose the penalty but substitute a different
amount, or

(c) 30cancel the decision to impose the penalty.

(5) A review under subsection (4) must be carried out by the Minister personally.

(6) In this section, “Minister of the Crown” means the holder of an office in Her
Majesty’s Government in the United Kingdom.

119 Monetary penalties: bodies corporate and unincorporated associations

(1) 35If a monetary penalty is payable under section 117 by a body, the Treasury may
also impose a monetary penalty on an officer of the body if it is satisfied, on the
balance of probabilities, that the breach or failure in respect of which the
monetary penalty is payable by the body—

(a) took place with the consent or connivance of the officer, or

(b) 40was attributable to any neglect on the part of the officer.

(2) In subsection (1)—

  • “body” means a body corporate, a partnership or an unincorporated body
    other than a partnership;

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  • “officer of a body” means—

    (a)

    in relation to a body corporate, a director, manager, secretary or
    other similar officer of the body or a person purporting to act in
    any such capacity;

    (b)

    5in relation to a partnership, a partner or a person purporting to
    act as a partner;

    (c)

    in relation to an unincorporated body other than a partnership,
    a person who is concerned in the management or control of the
    body or purports to act in the capacity of a person so concerned.

(3) 10Sections 117(2) to (5), (11) and (12) and 118 apply in relation to a monetary
penalty that may be imposed under subsection (1) as they apply in relation to
a monetary penalty that may be imposed under section 117(1).

120 Monetary penalties: supplementary

(1) The Treasury must issue guidance as to—

(a) 15the circumstances in which it may consider it appropriate to impose a
monetary penalty under section 117 or 119, and

(b) how it will determine the amount of the penalty.

(2) The Treasury must, at such intervals as it considers appropriate, publish
reports about the imposition of monetary penalties under section 117 or 119.

20Other provisions about enforcement

121 Deferred prosecution agreements

In Part 2 of Schedule 17 to the Crime and Courts Act 2013 (which lists the
offences in relation to which a deferred prosecution agreement may be entered
into), after paragraph 26 insert—

26A (1) 25An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
30offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
35Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

  • 40EU financial sanctions Regulation” and “UN financial
    sanctions Resolution” have the same meanings as in Part 8 of
    the Policing and Crime Act 2016 (see section 114 of that Act);

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  • “subordinate legislation” has the same meaning as in the
    Interpretation Act 1978.”

122 Serious crime prevention orders

(1) Schedule 1 to the Serious Crime Act 2007 (which lists the offences in respect of
5which serious crime prevention orders may be made) is amended as follows.

(2) In Part 1 (England and Wales), after paragraph 13A insert—

“Financial sanctions legislation

13B (1) An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
10or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) 15An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) 20An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

  • EU financial sanctions Regulation” and “UN financial
    sanctions Resolution” have the same meanings as in Part 8 of
    25the Policing and Crime Act 2016 (see section 114 of that Act);

  • “subordinate legislation” has the same meaning as in the
    Interpretation Act 1978.”

(3) In Part 1A (Scotland), after paragraph 16M —

“Financial sanctions legislation

16MA (1) 30An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) An offence under an Act or under subordinate legislation where the
35offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
40Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.