Police, Crime, Sentencing and Courts Bill (HL Bill 40)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, the Ministry of Justice
and the Department for Transport, have been ordered to be published as HL Bill 40—
EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Williams of Trafford has made the following statement under section
19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Police, Crime, Sentencing and Courts Bill are com
patible with the Convention rights.

Contents

  1. Part 1

    Protection of the police etc

    1. Police covenant report

      1. 1.Police covenant report

    2. Increase in penalty for assault on emergency worker

      1. 2.Increase in penalty for assault on emergency worker

    3. Special constables and Police Federations

      1. 3.Special constables and Police Federations: amendments to the Police Act 1996

    4. Police driving standards

      1. 4.Meaning of dangerous driving: constables etc

      2. 5.Meaning of careless driving: constables etc

      3. 6.Regulations relating to sections and

  2. Part 2

    Prevention, investigation and prosecution of crime

    1. Functions relating to serious violence

      1. Functions relating to serious violence

        1. 7.Duties to collaborate and plan to prevent and reduce serious violence

        2. 8.Powers to collaborate and plan to prevent and reduce serious violence

        3. 9.Power to authorise collaboration etc. with other persons

        4. 10.Specified authorities and local government areas

        5. 11.Educational, prison and youth custody authorities

        6. 12.Preventing and reducing serious violence

      2. Exercise of functions

        1. 13.Involvement of local policing bodies

        2. 14.Involvement of educational, prison and youth custody authorities

        3. 15.Disclosure of information

        4. 16.Supply of information to local policing bodies

        5. 17.Directions

        6. 18.Guidance

      3. Amendments to the Crime and Disorder Act 1998 etc

        1. 19.Amendments to the Crime and Disorder Act 1998

        2. 20.Amendment to the Police and Justice Act 2006

      4. General

        1. 21.Regulations

        2. 22.Index of defined expressions

    2. Offensive weapons homicide reviews

      1. 23.Duty to arrange a review

      2. 24.Relevant review partners

      3. 25.Relationship with other review requirements

      4. 26.Notification of Secretary of State

      5. 27.Conduct of review

      6. 28.Information

      7. 29.Information: supplementary

      8. 30.Delegating functions

      9. 31.Guidance

      10. 32.Power to pay grant: local health boards

      11. 33.Piloting

      12. 34.Regulations

      13. 35.Interpretation

    3. Extraction of information from electronic devices

      1. 36.Extraction of information from electronic devices: investigations of crime etc

      2. 37.Application of section to children and adults without capacity

      3. 38.Application of section where user has died etc

      4. 39.Extraction of information from electronic devices: investigations of death

      5. 40.Code of practice about the extraction of information

      6. 41.Regulations about the extraction of confidential information

      7. 42.Authorised persons

    4. Other provisions

      1. Pre-charge bail

        1. 43.Pre-charge bail

      2. Sexual offences

        1. 44.Arranging or facilitating commission of a child sex offence

        2. 45.Positions of trust

      3. Criminal damage to memorials

        1. 46.Criminal damage to memorials: mode of trial

      4. Overseas production orders

        1. 47.Overseas production orders

      5. Amendments to the Police and Criminal Evidence Act 1984

        1. 48.Power to photograph certain persons at a police station

        2. 49.Power to specify date of attendance at police station for fingerprinting etc

      6. Search for material relating to human remains

        1. 50.Entry and search of premises for human remains or material relating to human remains

        2. 51.Special procedure for access to material relating to human remains

        3. 52.Additional seizure powers

      7. Prisoner custody officers

        1. 53.Functions of prisoner custody officers in relation to live link hearings

      8. Proceeds of crime

        1. 54.Proceeds of crime: account freezing orders

  3. Part 3

    Public order

    1. 55.Imposing conditions on public processions

    2. 56.Imposing conditions on public assemblies

    3. 57.Offences under sections 12 and 14 of the Public Order Act 1986

    4. 58.Obstruction of vehicular access to Parliament

    5. 59.Power to specify other areas as controlled areas

    6. 60.Intentionally or recklessly causing public nuisance

    7. 61.Imposing conditions on one-person protests

  4. Part 4

    Unauthorised encampments

    1. 62.Offence relating to residing on land without consent in or with a vehicle

    2. 63.Amendments to existing powers

    3. 64.Guidance on exercise of police powers in respect of trespassers on land etc

  5. Part 5

    Road traffic

    1. Road traffic offences

      1. 65.Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

      2. 66.Causing serious injury by careless, or inconsiderate, driving

      3. 67.Road traffic offences: minor and consequential amendments

    2. Courses offered as an alternative to prosecution

      1. 68.Courses offered as alternative to prosecution: fees etc

    3. Removal etc of abandoned vehicles

      1. 69.Charges for removal, storage and disposal of vehicles

    4. Surrender of driving licences

      1. 70.Production of licence to the court

      2. 71.Surrender of licence to Secretary of State where disqualified

      3. 72.Removal of requirement to surrender licence where fixed penalty notice

      4. 73.Removal of requirement to deliver up licence where conditional offer

      5. 74.Surrender of licences and test certificates by new drivers

      6. 75.Minor and consequential amendments

    5. Fixed penalty notices in Scotland

      1. 76.Power to issue fixed penalty notices on-the-spot in Scotland

  6. Part 6

    Cautions

    1. Introductory

      1. 77.Diversionary and community cautions

    2. Diversionary cautions

      1. 78.Giving a diversionary caution

      2. 79.Deciding on the conditions

      3. 80.Rehabilitation and reparation conditions

      4. 81.Financial penalty conditions

      5. 82.Foreign offenders’ conditions

      6. 83.Variation of conditions

      7. 84.Effect of diversionary caution

      8. 85.Arrest for failure to comply

      9. 86.Application of Police and Criminal Evidence Act 1984

    3. Community cautions

      1. 87.Giving a community caution

      2. 88.Deciding on the conditions

      3. 89.Rehabilitation and reparation conditions

      4. 90.Financial penalty conditions

      5. 91.Enforcement of financial penalties: registration

      6. 92.Enforcement of financial penalties: court proceedings

      7. 93.Variation of conditions

      8. 94.Effect of community caution

    4. General

      1. 95.Code of practice

      2. 96.Restriction on multiple cautions

      3. 97.Abolition of other cautions and out-of-court disposals

    5. Supplementary

      1. 98.Consequential amendments relating to Part 6

      2. 99.Regulations under Part 6

      3. 100.Interpretation of Part 6

  7. Part 7

    Sentencing and release

    1. Custodial sentences

      1. Minimum sentences for particular offences

        1. 101.Minimum sentences for particular offences

      2. Life sentences: time to be served

        1. 102.Whole life order as starting point for premeditated child murder

        2. 103.Whole life orders for young adult offenders in exceptional cases

        3. 104.Starting points for murder committed when under 18

        4. 105.Sentences of detention during Her Majesty’s pleasure: review of minimum term

        5. 106.Life sentence not fixed by law: minimum term

      3. Release on licence

        1. 107.Increase in requisite custodial period for certain violent or sexual offenders

        2. 108.Increase in requisite custodial period for certain other offenders of particular concern

        3. 109.Power to refer high-risk offenders to Parole Board in place of automatic release

        4. 110.Power to make provision for reconsideration and setting aside of Parole Board decisions

        5. 111.Responsibility for setting licence conditions for fixed-term prisoners

        6. 112.Repeal of uncommenced provision for establishment of recall adjudicators

        7. 113.Release at direction of Parole Board after recall: fixed-term prisoners

        8. 114.Power to change test for release of fixed-term prisoners following recall

        9. 115.Release at direction of Parole Board: timing

      4. Driving disqualification: extension in connection with custodial sentence

        1. 116.Extension of driving disqualification where custodial sentence imposed: England and Wales

        2. 117.Increase in driving disqualification periods under certain existing orders: England and Wales

        3. 118.Extension of driving disqualification where custodial sentence imposed: Scotland

        4. 119.Increase in driving disqualification periods under certain existing orders: Scotland

      5. Minor amendments

        1. 120.Calculation of period before release or Parole Board referral where multiple sentences being served

        2. 121.Application of release provisions to repatriated prisoners

        3. 122.Sentences and offences in respect of which polygraph condition may be imposed

        4. 123.Minor amendments to do with weapons-related offences

        5. 124.Application of provision about minimum terms to service offences

    2. Community sentences

      1. Community and suspended sentence orders

        1. 125.Supervision by responsible officer

        2. 126.Increases in maximum daily curfew hours and curfew requirement period

        3. 127.Power for responsible officer to vary curfew requirements etc

        4. 128.Removal of attendance centre requirements for adults

        5. 129.Special procedures relating to review and breach

        6. 130.Drug testing requirement

      2. Unpaid work requirements

        1. 131.Duty to consult on unpaid work requirements

  8. Part 8

    Youth justice

    1. Youth remand

      1. 132.Youth remand

    2. Detention and training orders

      1. 133.Discretion as to length of term

      2. 134.Consecutive detention and training order and sentence of detention: effect of early release decision

      3. 135.Detention and training orders: time to count as served

    3. Youth rehabilitation orders

      1. 136.Youth rehabilitation orders

    4. Abolition of reparation orders

      1. 137.Abolition of reparation orders

  9. Part 9

    Secure children's homes and secure 16 to 19 Academies

    1. 138.Temporary release from secure children’s homes

    2. 139.Secure 16 to 19 Academies

  10. Part 10

    Management of offenders

    1. Serious violence reduction orders

      1. 140.Serious violence reduction orders

      2. 141.Serious violence reduction orders: piloting

    2. Management of sex offenders

      1. Notification requirements

        1. 142.Locations for sexual offender notification

        2. 143.Offences outside the United Kingdom: notification requirements

        3. 144.Notification orders: Scotland

      2. Sexual harm prevention orders and sexual risk orders

        1. 145.Applications by British Transport Police and Ministry of Defence Police

        2. 146.List of countries

        3. 147.Requirement for courts and certain persons to have regard to the list of countries

        4. 148.Standard of proof

        5. 149.Sexual harm prevention orders: power to impose positive requirements

        6. 150.Sexual risk orders: power to impose positive requirements

        7. 151.Positive requirements: further amendments

        8. 152.Electronic monitoring requirements

        9. 153.Positive requirements and electronic monitoring requirements: service courts

      3. Orders made in different parts of the United Kingdom

        1. 154.Enforcement of requirements of orders made in Scotland or Northern Ireland

        2. 155.Effect of conviction for breach of Scottish order etc

        3. 156.Orders superseding, or superseded by, Scottish orders

        4. 157.Variation etc of order by court in another part of the United Kingdom

    3. Management of terrorist offenders

      1. 158.Terrorist offenders released on licence: arrest without warrant pending recall decision

      2. 159.Power to search terrorist offenders released on licence

      3. 160.Search of premises of offender released on licence for purposes connected with protection from risk of terrorism

      4. 161.Powers of seizure and retention

      5. 162.Sections to : consequential provision

      6. 163.Arrangements for assessing etc risks posed by certain offenders

  11. Part 11

    Rehabilitation of offenders

    1. 164.Rehabilitation of offenders

  12. Part 12

    Procedures in courts and tribunals

    1. Juries

      1. 165.British Sign Language interpreters for deaf jurors

      2. 166.Continuation of criminal trial on death or discharge of a juror

    2. Transmission and recording of court and tribunal proceedings

      1. 167.Remote observation and recording of court and tribunal proceedings

      2. 168.Offence of recording or transmission in relation to remote proceedings

      3. 169.Expansion of use of video and audio links in criminal proceedings

      4. 170.Repeal of temporary provision

  13. Part 13

    Final provisions

    1. 171.Financial provision

    2. 172.Minor amendments arising out of sentencing consolidation

    3. 173.Power to make consequential provision

    4. 174.Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act

    5. 175.Extent

    6. 176.Commencement

    7. 177.Short title

    1. Schedule 1

      Specified authorities and local government areas

    2. Schedule 2

      Educational, prison and youth custody authorities

    3. Schedule 3

      Extraction of information from electronic devices: authorised persons

      1. Part 1

        Authorised persons in relation to all purposes within section 36 or 39

      2. Part 2

        Authorised persons in relation to all purposes within section 36

      3. Part 3

        Authorised persons in relation to the prevention of crime etc only

    4. Schedule 4

      Pre-charge bail

      1. Part 1

        Grant of pre-charge bail

      2. Part 2

        Factors to be taken into account in deciding whether to grant pre-charge bail

      3. Part 3

        Duty to seek views of alleged victims

      4. Part 4

        Limits on period of bail without charge

      5. Part 5

        Police detention after arrest for breach of pre-charge bail etc

      6. Part 6

        Guidance on pre-charge bail

    5. Schedule 5

      Overseas production orders

    6. Schedule 6

      Special procedure for access to material relating to human remains

    7. Schedule 7

      Road traffic offences: minor and consequential amendments

    8. Schedule 8

      Surrender of licences and test certificates by new drivers

    9. Schedule 9

      Surrender of licences: minor and consequential amendments

      1. Part 1

        Amendments to the Road Traffic Offenders Act 1988

      2. Part 2

        Amendments to other Acts

      3. Part 3

        Consequential repeals of amending enactments

    10. Schedule 10

      Cautions: consequential amendments

    11. Schedule 11

      Minimum sentences for particular offences: consequential amendments

    12. Schedule 12

      Removal of attendance centre requirements for adults: related amendments

    13. Schedule 13

      Community and suspended sentence orders: special procedures relating to review and breach

      1. Part 1

        Amendments to the Sentencing Code

      2. Part 2

        Prospective amendments

    14. Schedule 14

      Community and suspended sentence orders: drug testing requirement

    15. Schedule 15

      Detention and training orders: time to count as served

      1. Part 1

        Detention and training orders made under Sentencing Code

      2. Part 2

        Detention and training orders made under Armed Forces Act 2006

    16. Schedule 16

      Youth rehabilitation orders

      1. Part 1

        Electronic monitoring: general requirements

      2. Part 2

        Electronic whereabouts monitoring requirements

      3. Part 3

        Intensive supervision and surveillance

      4. Part 4

        Curfew requirements and education requirements

      5. Part 5

        The responsible officer

    17. Schedule 17

      Variation etc of order by court in another part of the United Kingdom

      1. Part 1

        Variation etc of order made in England and Wales or Scotland by court in Northern Ireland

      2. Part 2

        Variation of order by court in Scotland

      3. Part 3

        Variation of order by court in England and Wales

    18. Schedule 18

      Management of terrorist offenders: provision consequential on sections 158 to 161

    19. Schedule 19

      Further provision about the transmission and recording of court and tribunal proceedings

      1. Part 1

        Remote observation and recording: tribunals

      2. Part 2

        Offences of recording and transmission: tribunals

      3. Part 3

        Live links in criminal proceedings

    20. Schedule 20

      Minor amendments in relation to the sentencing consolidation

      1. Part 1

        Amendments to the Sentencing Act 2020

      2. Part 2

        Amendments to other enactments