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

Part 10 continued    

155 Effect of conviction for breach of Scottish order etc

(1)In section 122I of the Sexual Offences Act 2003 (effect of conviction etc of an
offence under section 122H etc)—

(a)in subsection (2), omit paragraph (b),

(b)5after subsection (2) insert—

“(2A)This section also applies to a person (“the defendant”) who—

(a)is convicted of an offence mentioned in subsection (2B);

(b)is acquitted of such an offence by reason of the special
defence set out in section 51A of the Criminal Procedure
10(Scotland) Act 1995, or

(c)is found, in respect of such an offence, to be unfit for trial
under section 53F of that Act in a case where the court
determines that the defendant has done the act
constituting the offence.

(2B)15Those offences are—

(a)an offence under section 34 of the Abusive Behaviour
and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of
sexual risk order or interim sexual risk order in
Scotland);

(b)20an offence under section 37 of that Act (breach of
equivalent orders) in respect of a breach of an order
made under section 122A, 122E, 123 or 126 of this Act.”

(c)in subsection (6)—

(i)in paragraph (a), for “or caution” substitute “, caution or
25acquittal”,

(ii)in that paragraph, after “subsection (1)” insert “or (2A)”,

(iii)in paragraph (b), for “or caution” substitute “, caution or
acquittal”, and

(iv)in that paragraph, after “subsection (1)” insert “or (2A)”,

(d)30after subsection (6) insert—

“(6A)In subsection (6) “sexual risk order” and “interim sexual risk
order” include orders under section 27 and 31 (respectively) of
the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”,
and”

(e)35omit subsection (7).

(2)In section 129 of the Sexual Offences Act 2003 (effect of conviction etc of an
offence under section 128 etc)—

(a)in subsection (1A), omit paragraph (b),

(b)after subsection (1A) insert—

“(1B)40This section also applies to a person (“the defendant”) who—

(a)is convicted of an offence mentioned in subsection (1C);

(b)is acquitted of such an offence by reason of the special
defence set out in section 51A of the Criminal Procedure
(Scotland) Act 1995, or

(c)45is found, in respect of such an offence, to be unfit for trial
under section 53F of that Act in a case where the court
determines that the defendant has done the act
constituting the offence.

(1C)Those offences are—

(a)an offence under section 34 of the Abusive Behaviour
and Sexual Harm (Scotland) Act 2016 (asp 22) (breach of
sexual risk order or interim sexual risk order in
5Scotland);

(b)an offence under section 37 of that Act (breach of
equivalent orders) in respect of a breach of an order
made under section 122A, 122E, 123 or 126 of this Act.”

(c)in subsection (5)—

(i)10in paragraph (a), for “or caution” substitute “, caution or
acquittal”,

(ii)in that paragraph, after “subsection (1)” insert “or (1B)”,

(iii)in paragraph (b), for “or caution” substitute “, caution or
acquittal”, and

(iv)15in that paragraph, after “subsection (1)” insert “or (1B)”,

(d)after subsection (5) insert—

“(5A)In subsection (5) “sexual risk order” and “interim sexual risk
order” include orders under section 27 and 31 (respectively) of
the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”,
20and”

(e)omit subsection (6).

156 Orders superseding, or superseded by, Scottish orders

(1)In section 349(2) of the Sentencing Code (making of sexual harm prevention
order: effect on other orders)—

(a)25omit the “or” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert “, or

(c)a sexual harm prevention order made under section 11
or 12 of the Abusive Behaviour and Sexual Harm
(Scotland) Act 2016 (asp 22),”.

(2)30Section 136ZB of the Sexual Offences Act 2003 (order ceases to have effect when
new order made) is amended as follows.

(3)In subsection (1), in the table—

(a)in the entry relating to a sexual harm prevention order, in the second
column, after “—foreign travel order” insert—

• 35“—sexual harm prevention order made under section 11 or
  12 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016 (asp 22).”, and”

(b)in the entry relating to a sexual risk order, in the second column, after
“—foreign travel order” insert—

• 40“—sexual risk order made under section 27 of the Abusive
  Behaviour and Sexual Harm (Scotland) Act 2016.”

(4)In subsection (2)—

(a)in the words before the table—

(i) omit “or Scotland”, and

(ii)45after “England and Wales” insert “or Scotland”, and

(b)in the table—

(i)in the entry relating to a sexual offences prevention order, in the

second column, after “—in the case of a sexual harm prevention
order containing a prohibition on foreign travel, each of its
other prohibitions” insert—

• “—sexual harm prevention order made under
  5section 11 or 12 of the Abusive Behaviour and
  Sexual Harm (Scotland) Act 2016 not containing
  a prohibition on foreign travel;

• —in the case of a sexual harm prevention order
  made under section 11 or 12 of that Act
  10containing a prohibition on foreign travel, each
  of its other prohibitions.”,”

(ii)in the entry relating to a foreign travel order, in the second
column, after “—prohibition on foreign travel contained in a
sexual harm prevention order” insert—

• 15“—prohibition on foreign travel contained in a
  sexual harm prevention order made under
  section 11 or 12 of the Abusive Behaviour and
  Sexual Harm (Scotland) Act 2016.”, and”

(iii)in the entry relating to a risk of sexual harm order, in the second
20column, after “—in the case of a sexual risk order containing a
prohibition on foreign travel, each of its other prohibitions”
insert—

• “—sexual risk order made under section 27 of the
  Abusive Behaviour and Sexual Harm (Scotland)
  25Act 2016 not containing a prohibition on foreign
  travel;

• —in the case of a sexual risk order made under
  section 27 of that Act containing a prohibition on
  foreign travel, each of its other prohibitions.”

(5)30After subsection (2) insert—

“(2ZA) Where a court in Scotland makes an order listed in the first column of
the following Table in relation to a person who is already subject to an
order or prohibition listed opposite it in the second column, the earlier
order or prohibition ceases to have effect (even though it was made or
35imposed by a court in England and Wales or Northern Ireland) unless
the court orders otherwise.

(6)In subsection (2A), after “subsection (2)” insert “or subsection (2ZA)”.

(7)In subsection (3), omit paragraph (b).

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

(1)Schedule 17 contains amendments enabling a court in one part of the United
5Kingdom to vary, renew or discharge an order made in another.

(2)In that Schedule—

(a)Part 1 enables a court in Northern Ireland to renew or discharge orders
made in England and Wales and to vary, renew or discharge orders
made in Scotland;

(b)10Part 2 enables a court in Scotland to vary, renew or discharge orders
made in England and Wales or Northern Ireland;

(c)Part 3 enables a court in England and Wales to vary, renew or discharge
orders made in Scotland or Northern Ireland.

Chapter 3 15Management of terrorist offenders

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

(1)After section 43A of the Terrorism Act 2000 insert—

“Offenders released on licence: powers in connection with protecting public from risk
20of terrorism

43B Terrorist offenders released on licence: arrest without warrant
pending recall decision

(1)Subject to subsection (2), a constable may arrest without warrant a
terrorist offender who has been released on licence if the constable—

(a)25has reasonable grounds for suspecting that the offender has
breached a condition of their licence, and

(b)reasonably considers that it is necessary, for purposes
connected with protecting members of the public from a risk of
terrorism, to detain the offender until a recall decision is made.

(2)30A terrorist offender who is detained under this section must (unless
recalled or otherwise detained under any other power) be released—

(a)if a recall decision is made not to revoke the offender’s licence
(and accordingly the offender is not recalled to prison), as soon
as practicable after that decision is made, or

(b)35if a recall decision has not been made by the end of the relevant
period, at the end of that period.

(3)Part 1 of Schedule 8 makes provision that applies where a terrorist
offender is arrested under this section.

(4)In this section “terrorist offender” means—

(a)an offender to whom a restricted release provision applies or
would apply but for the fact that the offender has been released
on licence;

(b)a life prisoner within the meaning of Chapter 2 of Part 2 of the
5Crime (Sentences) Act 1997 (see section 34 of that Act) who is
serving a sentence for an offence within section 247A(2) of the
Criminal Justice Act 2003;

(c)a life prisoner within the meaning of Part 1 of the Prisoners and
Criminal Proceedings (Scotland) Act 1993 (see section 27 of that
10Act) who is serving a sentence, or is subject to an order for
lifelong restriction, for an offence within section 1AB(2) of that
Act;

(d)a life prisoner within the meaning of the Life Sentences
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see
15Article 2 of that Order) who is serving a sentence for an offence
within Article 20A(2) of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)).

(5)For the purposes of this section—

(a)a reference to an offender who has been released on licence
20includes an offender who —

(i)has been released temporarily pursuant to rules made
under section 47(5) of the Prison Act 1952 or section
13(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18
(N.I.)), or

(ii)25has been released temporarily on licence pursuant to
rules made under section 39(6) of the Prisons (Scotland)
Act 1989;

(b)a reference to a condition of an offender’s licence includes a
condition to which an offender’s temporary release is subject;

(c)30a reference to revocation of an offender’s licence includes recall
of an offender from temporary release.

(6)In this section—

• “prison” includes any place where a person is liable to be detained;

• “recall decision”, in relation to a terrorist offender who has been
  35released on licence, means a decision by any person with the
  power to revoke the offender’s licence and recall the offender to
  prison whether or not to exercise that power;

• the “relevant period” means—

  (a)

  in relation to a terrorist offender who has been released
  40on licence under the law of England and Wales, the
  period of 6 hours beginning with the time of the arrest
  under this section;

  (b)

  in relation to a terrorist offender who has been released
  on licence under the law of Scotland or Northern
  45Ireland, the period of 12 hours beginning with the time
  of the arrest under this section;

• “restricted release provision” means—

  (a)

  section 247A of the Criminal Justice Act 2003;

  (b)

  section 1AB of the Prisoners and Criminal Proceedings
  50(Scotland) Act 1993;

  Police, Crime, Sentencing and Courts BillPage 175

  (c)

  Article 20A of the Criminal Justice (Northern Ireland)
  Order 2008.

(7)A person who has the powers of a constable in one part of the United
Kingdom may exercise the power under subsection (1) in any part of
5the United Kingdom.”

(2)In Schedule 8 to the Terrorism Act 2000 (detention)—

(a)in the shoulder reference, for “Section 41” substitute “Sections 41 and
43B”;

(b)in the heading for Part 1, after “41” insert “or 43B”;

(c)10in paragraph 1, in sub-paragraphs (1), (2) and (4), after “41” insert “or
43B”;

(d)in paragraph 2, before sub-paragraph (1) insert—

“(A1)This paragraph applies in the case of a person detained under
Schedule 7 or section 41.”;

(e)15in paragraph 6—

(i)in sub-paragraph (1), for the words from “Subject to” to “section
41” substitute “A person detained under Schedule 7 or section
41 or 43B”;

(ii)after sub-paragraph (1) insert—

“(1A)20In the case of a person detained under Schedule 7 or
section 41, sub-paragraph (1) is subject to paragraph
8.”;

(f)in paragraph 7—

(i)in sub-paragraph (1), for the words from “Subject to” to “section
2541” substitute “A person detained under Schedule 7 or section
41 or 43B”;

(ii)after sub-paragraph (1) insert—

“(1A)Sub-paragraph (1) is subject—

(a)in the case of a person detained under
30Schedule 7 or section 41, to paragraphs 8 and
9, and

(b)in the case of a person detained under section
43B, to paragraph 9.”;

(g)in paragraph 8, before sub-paragraph (1) insert—

“(A1)35This paragraph does not apply in the case of a person
detained under section 43B (except for the purposes of
paragraph 9(3)(a)).”;

(h)after paragraph 13 insert—

“13ANo fingerprint, intimate sample or non-intimate sample may
40be taken from a person detained under section 43B.”;

(i)in paragraph 16—

(i)in sub-paragraph (1), after “41” insert “or 43B”;

(ii)in sub-paragraphs (4) and (7), at the beginning insert “Where a
person is detained under Schedule 7 or section 41,”;

(j)45in paragraph 18, in sub-paragraphs (1) and (2), after “41” insert “or
43B”.

159 Power to search terrorist offenders released on licence

After section 43B of the Terrorism Act 2000 insert—

“43C Power to search terrorist offenders released on licence

(1)A constable may stop and search a terrorist offender who is within
5subsection (2) if the constable is satisfied that it is necessary to do so for
purposes connected with protecting members of the public from a risk
of terrorism.

(2)A terrorist offender is within this subsection if—

(a)the offender has been released on licence (and not recalled), and

(b)10the offender’s licence includes a search condition.

(3)The power in subsection (1) may be exercised in any place to which the
constable lawfully has access (whether or not it is a place to which the
public has access).

(4)Subsection (5) applies if a constable, in exercising the power in
15subsection (1) to stop a terrorist offender, stops a vehicle (see section
116(2)).

(5)The constable may search the vehicle and anything in or on it for
purposes connected with protecting members of the public from a risk
of terrorism.

(6)20Nothing in subsection (5) confers a power to search any person, but the
power to search in that subsection is in addition to the power in
subsection (1) to search a terrorist offender.

(7)The power in subsection (1) to search a terrorist offender includes
power to search anything carried by the offender.

(8)25Subsection (5) of section 43B applies for the purposes of this section as
it applies for the purposes of that section.

(9)In this section—

• “search condition” means a condition requiring the offender to
  submit to a search of their person under this section;

• 30“terrorist offender” has the same meaning as in section 43B.

(10)A person who has the powers of a constable in one part of the United
Kingdom may exercise a power under this section in any part of the
United Kingdom.”

160 Search of premises of offender released on licence for purposes connected
35with protection from risk of terrorism

After section 43C of the Terrorism Act 2000 insert—

“43D Search of premises of offender released on licence for purposes
connected with protection from risk of terrorism

(1)A justice may issue a warrant under this section if, on the application of
40a senior police officer of the relevant force, the justice is satisfied that
the requirements in subsection (2) are met.

(2)The requirements are—

(a)that the person specified in the application is a relevant offender
who has been released on licence (and not recalled),

(b)that there are reasonable grounds for believing that the person
resides, or may regularly be found, at premises (whether
5residential or otherwise) specified in the application,

(c)that it is necessary, for purposes connected with protecting
members of the public from a risk of terrorism, for a constable
to enter and search premises specified in the application, and

(d)the occupier of the premises is unlikely to consent to a constable
10entering or searching the premises specified in the application.

(3)A warrant under this section must specify each set of premises to which
it relates (which are to be premises in relation to which the
requirements in subsection (2)(b) to (d) are met).

(4)A warrant under this section is a warrant that authorises a constable of
15the relevant force, for the purposes referred to in subsection (2)(c)—

(a)to enter the premises to which it relates, and

(b)to search the premises or, if the premises are multiple
occupancy premises, the relevant parts of the premises.

(5)A warrant under this section may—

(a)20authorise the constable executing it to use reasonable force if
necessary to enter and search the premises;

(b)authorise entry to, and search of, the premises on more than one
occasion (whether on a certain number of occasions or without
limit), so far as the justice who issues the warrant is satisfied
25that such authorisation is necessary for the purposes referred to
in subsection (2)(c).

(6)For the purposes of subsection (4)—

(a)“multiple occupancy premises” are premises at which two or
more individuals who are not members of the same household
30reside;

(b)the reference to the “relevant parts” of multiple occupancy
premises is to those parts of the premises to which the constable
has reasonable grounds for believing that the person to whom
the warrant relates has access.

(7)35Subsection (5) of section 43B applies for the purposes of this section as
it applies for the purposes of that section.

(8)In this section “relevant offender” means—

(a)a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice
Act 2003 applies (release of fixed-term prisoners);

(b)40a life prisoner within the meaning of Chapter 2 of Part 2 of the
Crime (Sentences) Act 1997 (see section 34 of that Act);

(c)a short-term prisoner, long-term prisoner or life prisoner within
the meaning of Part 1 of the Prisoners and Criminal Proceedings
(Scotland) Act 1993 (see section 27 of that Act);

(d)45a fixed-term prisoner within the meaning of Chapter 4 of Part 2
of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (see Article 16 of that Order);

(e)a life prisoner within the meaning of the Life Sentences
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see
Article 2 of that Order).

(9)In this section—

• 5“justice” means—

  (a)

  a justice of the peace in England and Wales,

  (b)

  a sheriff or summary sheriff in Scotland, or

  (c)

  a lay magistrate in Northern Ireland;

• “relevant force” means—

  (a)

  10if the premises specified in the application for the
  warrant are in England or Wales, the police force
  maintained for the police area in which those premises
  are situated,

  (b)

  if those premises are in Scotland, the Police Service of
  15Scotland, or

  (c)

  if those premises are in Northern Ireland, the Police
  Service of Northern Ireland;

• “senior police officer” means a constable of the rank of
  superintendent or above.”

161 20Powers of seizure and retention

After section 43D of the Terrorism Act 2000 insert—

“43E Seizure and retention of items found in search under section 43C or
43D

(1)This section applies where a constable carries out—

(a)25a search of a terrorist offender under section 43C(1),

(b)a search of a vehicle, or anything in or on a vehicle, under
section 43C(5), or

(c)a search of premises further to a warrant issued under section
43D.

(2)30A constable may seize anything that the constable finds in the course of
the search if—

(a)the constable reasonably suspects that—

(i)the thing is or contains evidence in relation to an offence,
and

(ii)35it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed, or

(b)the constable reasonably believes that it is necessary to do so for
the purpose of ascertaining—

(i)whether the offender has breached a condition of the
40offender’s licence, and

(ii)if so, whether the breach affects the risk of terrorism to
which members of the public are exposed.

(3)Anything seized under subsection (2) may be—

(a)subjected to tests;

(b)45retained for as long as is necessary in all the circumstances (but
see subsection (5)).

(4)In particular (and regardless of the ground on which the thing was
seized)—

(a)if a constable has reasonable grounds for believing that the
thing is or contains evidence in relation to an offence, it may be
5retained—

(i)for use as evidence at a trial for an offence, or

(ii)for forensic examination or for investigation in
connection with an offence;

(b)if a constable has reasonable grounds for believing that the
10thing has been obtained in consequence of the commission of an
offence, it may be retained in order to establish its lawful owner.

(5)Anything seized under subsection (2)(b) that is not retained as
mentioned in subsection (4)(a) or (b) may be retained for a maximum
period of 7 days beginning with the day after the day on which the
15thing is seized.

(6)Nothing may be retained for either of the purposes mentioned in
subsection (4)(a) if a photograph or copy would be sufficient for that
purpose.

(7)In this section “offender” means—

(a)20in relation to a search under section 43C, the terrorist offender
to whom the search relates;

(b)in relation to a search under section 43D, the relevant offender
in relation to whom the warrant authorising the search was
issued.

(8)25Nothing in this section affects any power of a court to make an order
under section 1 of the Police (Property) Act 1897.”

162 Sections 158 to 161: consequential provision

Schedule 18 makes provision that is consequential on sections 158 to 161.

163 Arrangements for assessing etc risks posed by certain offenders

(1)30Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc
risks posed by certain offenders) is amended in accordance with subsections
(2) to (6).

(2)In subsection (1), in the definition of “relevant sexual or violent offender”, for
“has the meaning” substitute “and “relevant terrorist offender” have the
35meanings”.

(3)In subsection (2)—

(a)for the “and” at the end of paragraph (a) substitute—

“(aa)relevant terrorist offenders,”

(b)at the end of paragraph (b) insert “, and

(c)40other persons who have committed offences (wherever
committed) and are considered by the responsible
authority to be persons who may be at risk of
involvement in terrorism-related activity.”