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

Part 2 continued    

(c)regulations under section 10(7) which make provision for the removal
of an entry in Schedule 1 where the authority concerned has ceased to
exist;

(d)regulations under section 10(7) which make provision for the
5modification of an entry in Schedule 1 in consequence of a change of
name or transfer of functions;

(e)regulations under section 11(3) which make provision for the removal
of an entry in Schedule 2 where the authority concerned has ceased to
exist;

(f)10regulations under section 11(3) which make provision for the
modification of an entry in Schedule 2 in consequence of a change of
name or transfer of functions;

(g)regulations under section 13(4).

(6)A statutory instrument within subsection (5) is subject to annulment in
15pursuance of a resolution of either House of Parliament.

22 Index of defined expressions

In this Chapter an expression listed in the first column of the table has the
meaning given by, or is to be interpreted in accordance with, the
corresponding provision listed in the second column.

Chapter 2 10Offensive weapons homicide reviews

23 Duty to arrange a review

(1)Where a review partner considers that—

(a)the death of a person was, or is likely to have been, a qualifying
homicide,

(b)15the death occurred, or is likely to have occurred, in England or Wales,

(c)such other conditions as the Secretary of State may specify by
regulations are satisfied, including, for example, conditions relating
to—

(i)the circumstances of or relating to the death,

(ii)20the circumstances or history of the person who died, or

(iii)the circumstances or history of other persons with a connection
to the death, and

(d)the review partner is one of the relevant review partners in respect of
the death (see section 24),

25the review partner must join with the other relevant review partners in respect
of the death in arranging for there to be a review under this section of the
person’s death.

(2)Subsection (1) is subject to subsections (3) to (5) and section 25.

(3)If the review partner considers, on further information, that any of the
30conditions mentioned in subsection (1)(a) to (c) is not satisfied in the case of the
person’s death, the review partner ceases to be under a duty to arrange for
there to be a review under this section of the death (and a review may
accordingly be discontinued).

(4)If the review partner considers, on further information, that the condition
35mentioned in subsection (1)(d) is not satisfied in the case of the person’s death,
the review partner ceases to be under a duty to arrange for there to be a review
under this section of the death, except where such a review of the death has
already started to take place under arrangements made by the review partner
and other review partners.

(5)40Subsection (1) does not require a review partner to arrange for there to be a
review under this section of a person’s death if such a review of the death has

already taken place, or started to take place, under arrangements made by
other review partners.

(6)For the purposes of this section, the homicide of a person is a qualifying
homicide if—

(a)5the person was aged 18 or over, and

(b)the death, or the events surrounding it, involved the use of an offensive
weapon.

(7)The Secretary of State may by regulations—

(a)amend this section so as to alter the meaning of “qualifying homicide”,
10and

(b)make such consequential amendments of this Chapter as appear to the
Secretary of State to be appropriate.

(8)In this section “offensive weapon” has the same meaning as in section 1 of the
Prevention of Crime Act 1953.

24 15Relevant review partners

(1)The Secretary of State may by regulations make provision for identifying
which review partners are to be the relevant review partners in respect of a
person’s death.

(2)The regulations may provide that the relevant review partners in respect of a
20person’s death are—

(a)a chief officer of police for a police area in England or Wales of a
description specified in the regulations,

(b)a local authority of a description specified in the regulations or, in a case
of a description specified in the regulations, a county council and a
25district council of a description specified in the regulations, and

(c)a clinical commissioning group or a local health board of a description
specified in the regulations.

(3)The regulations may, in particular, provide that, in a case of a description
specified in the regulations, the relevant review partners in respect of a
30person’s death are—

(a)the chief officer of police for the police area in England or Wales in
which the death occurred or is likely to have occurred,

(b)the local authority in whose area the death occurred or is likely to have
occurred or, if the death occurred or is likely to have occurred within
35the area of a district council whose area is within the area of a county
council, both of those local authorities, and

(c)the clinical commissioning group or the local health board in whose
area the death occurred or is likely to have occurred.

(4)The regulations may include provision for identifying the relevant review
40partners in respect of a person’s death by reference to other matters,
including—

(a)the last known place of residence of the person who died;

(b)an earlier place of residence of the person who died;

(c)the place of residence of the person who caused or is likely to have
45caused, or of any of the persons who caused or are likely to have
caused, the person’s death;

(d)the police area in England or Wales of the police force that is
investigating or has investigated the person’s death.

(5)The regulations may—

(a)provide for a group of review partners to agree with another group of
5review partners to be the relevant review partners in respect of a
person’s death instead of that other group;

(b)provide for review partners of a description specified in the regulations
to agree between them which of them is a relevant review partner in
respect of a person’s death;

(c)10provide for the Secretary of State to give a direction specifying which
review partners are the relevant review partners in respect of a person’s
death.

25 Relationship with other review requirements

(1)The duty in section 23(1) does not apply in relation to a death if—

(a)15a child death review must or may be arranged in relation to the death
(see section 16M(1) and (2) of the Children Act 2004),

(b)the death may be the subject of a domestic homicide review (see section
9 of the Domestic Violence, Crime and Victims Act 2004), or

(c)a safeguarding adults review must or may be established in relation to
20the death (see section 44(1) and (4) of the Care Act 2014).

(2)The Secretary of State may by regulations make provision about the duty in
section 23(1) not applying in the case of a death which may or must be
investigated under arrangements made by NHS bodies with respect to deaths
caused by persons who are receiving or have received any health services
25relating to mental health.

(3)The duty in section 23(1) does not apply in relation to a death if regulations
under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014
(anaw 4) require a Safeguarding Board to undertake a review of the death.

(4)The Secretary of State may by regulations make provision about the duty in
30section 23(1) not applying in the case of a death, caused by a person who is
receiving or has received any health services relating to mental health, where
there may be a review of, or investigation into, the provision of that health care
under section 70 of the Health and Social Care (Community Health and
Standards) Act 2003.

26 35Notification of Secretary of State

(1)If a review partner becomes aware of qualifying circumstances in relation to a
person’s death, the review partner must notify the Secretary of State before the
end of the notification period of one of the following—

(a)that the review partner is under a duty to arrange for there to be a
40review under section 23 of the person’s death,

(b)that the review partner is not under that duty in respect of the death, or

(c)that the review partner has not been able to take a decision on the
matter.

(2)Subsection (1) does not apply if, when the review partner becomes aware of
45qualifying circumstances in relation to a person’s death, the review partner is

also aware that no duty in section 23(1) arises in respect of the death because of
section 23(5) or 25.

(3)If a review partner gives a notification under subsection (1)(c), the review
partner must notify the Secretary of State of the review partner’s decision on
5the matter once it has been taken.

(4)Where a review partner—

(a)notifies the Secretary of State that the review partner is under a duty to
arrange a review under section 23 of a death, but

(b)before the review starts to take place, decides that the review partner is
10not under that duty in respect of that death (see section 23(3) and (4)),

the review partner must notify the Secretary of State of that decision.

(5)Where a review under section 23 of a death is discontinued because the review
partner considers that a condition mentioned in section 23(1)(a) to (c) is not
satisfied in relation to the death (see section 23(3)), the review partner must
15notify the Secretary of State.

(6)Where a review partner—

(a)notifies the Secretary of State that the review partner is not under a duty
to arrange a review under section 23 of a death, but

(b)afterwards decides that the review partner is under that duty in respect
20of that death,

the review partner must notify the Secretary of State of that decision.

(7)For the purposes of this section, a review partner becomes aware of qualifying
circumstances in relation to a person’s death if the review partner becomes
aware of such facts as make it likely that—

(a)25the conditions mentioned in section 23(1)(a) and (b) are satisfied in
relation to the death, and

(b)the review partner is one of the relevant review partners in respect of
the death.

(8)In this section “the notification period”, in relation to notification by a review
30partner, means the period of one month beginning with the day on which the
review partner becomes aware of qualifying circumstances in relation to the
death in question.

27 Conduct of review

(1)Where a review under section 23 of a person’s death takes place, the review
35partners that arranged it must co-operate in and contribute to the carrying out
of the review.

(2)The purposes of a review under section 23 are—

(a)to identify the lessons to be learnt from the death, and

(b)to consider whether it would be appropriate for anyone to take action
40in respect of those lessons learned.

(3)Where the review partners consider that it would be appropriate for a person
to take action as mentioned in subsection (2)(b), they must inform that person.

(4)The review partners must prepare a report on the review and send it to the
Secretary of State.

(5)45The report must include—

(a)the findings of the review,

(b)any conclusions drawn by the review partners, and

(c)recommendations made in light of those findings and conclusions
(including those referred to in subsection (3)).

(6)5The review partners must not include in the report sent to the Secretary of State
material that they consider—

(a)might jeopardise the safety of any person, or

(b)might prejudice the investigation or prosecution of an offence.

(7)The Secretary of State must publish, or make arrangements for the publication
10of, the report, unless the Secretary of State considers it inappropriate for the
report to be published.

(8)If the Secretary of State considers it inappropriate for the report to be
published, the Secretary of State must publish, or make arrangements for the
publication of, so much of the contents of the report as the Secretary of State
15considers appropriate to be published.

28 Information

(1)A review partner may request a person to provide information specified in the
request to the review partner or another review partner.

(2)A review partner may make a request to a person under this section only if the
20conditions in subsections (3) and (4) are satisfied.

(3)The condition in this subsection is that the request is made for the purpose of
enabling or assisting the performance of functions conferred on a review
partner by sections 23 to 27.

(4)The condition in this subsection is that the request is made to a person whose
25functions or activities are considered by the review partner to be such that the
person is likely to have information that would enable or assist the
performance of functions conferred on a review partner by sections 23 to 27.

(5)The person to whom a request under this section is made must comply with
the request.

(6)30The review partner that made the request may enforce the duty under
subsection (5) against the person by making an application to the High Court
or the county court for an injunction.

(7)A review partner may provide information to another review partner for the
purpose of enabling or assisting the performance of functions under sections
3523 to 27.

29 Information: supplementary

(1)A person may not be required under section 28 to disclose information that the
person could not be compelled to disclose in proceedings before the High
Court.

(2)40A disclosure of information required or authorised by sections 26 to 28 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).

(3)But sections 26 to 28 do not require or authorise a disclosure of information
that—

(a)5would contravene the data protection legislation (but in determining
whether a disclosure would do so, the duty imposed or power
conferred by the section in question is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(4)10Sections 26 to 28 do not affect any duty or power to disclose information apart
from those sections.

(5)In this section “data protection legislation” has the same meaning as in the Data
Protection Act 2018 (see section 3(9) of that Act).

30 Delegating functions

(1)15The Secretary of State may by regulations make provision enabling the
relevant review partners in respect of a person’s death to act jointly to
appoint—

(a)one of themselves, or

(b)another person,

20to carry out on their behalf, in relation to the person’s death, one or more of the
functions specified in the regulations.

(2)Regulations under subsection (1) may specify some or all of the functions of a
review partner under section 27 or 28 relating to a review under section 23 or
a report on the review.

(3)25The Secretary of State may by regulations make provision enabling—

(a)a county council, and

(b)a district council for an area that is within the area of the county council,

to agree that one of them carry out on behalf of the other one or more of the
functions specified in the regulations.

(4)30Regulations under subsection (3) may specify some or all of the functions of a
review partner under sections 23 to 28.

31 Guidance

(1)Review partners must have regard to any guidance issued by the Secretary of
State in connection with functions conferred on them under sections 23 to 30.

(2)35Before issuing guidance under this section, the Secretary of State must
consult—

(a)persons appearing to the Secretary of State to represent review
partners,

(b)the Welsh Ministers, so far as the proposed guidance relates to a
40devolved Welsh authority, and

(c)such other persons as the Secretary of State considers appropriate.

32 Power to pay grant: local health boards

Section 31(2) to (5) of the Local Government Act 2003 (power of the Secretary
of State to pay grant to local authorities in Wales) applies in relation to local
health boards in Wales and expenditure incurred or to be incurred by those
5local health boards in the exercise of their functions under this Chapter as it
applies in relation to local authorities in Wales and expenditure incurred or to
be incurred by those local authorities.

33 Piloting

(1)The Secretary of State may exercise the power in section 176(1) so as to bring
10sections 23 to 29, 31 and 32 into force—

(a)for all purposes, and

(b)in relation to the whole of England and Wales,

only if the conditions in subsections (2) and (3) are met.

(2)The condition in this subsection is that regulations under section 176(1) have
15brought some or all of sections 23 to 29, 31 and 32 into force only—

(a)for one or more specified purposes, or

(b)in relation to one or more specified areas.

(3)The condition in this subsection is that the Secretary of State has laid before
Parliament a report on the operation of some or all of the provisions of sections
2023 to 30—

(a)for one or more of those purposes, or

(b)in relation to one or more of those areas.

(4)Regulations under section 176(1) which bring any provision of sections 23 to
29, 31 and 32 into force only for a specified purpose or in relation to a specified
25area may—

(a)provide for that provision to be in force for that purpose or in relation
to that area for a specified period;

(b)make transitional or saving provision in connection with that provision
ceasing to be in force at the end of the specified period.

(5)30Regulations containing provision by virtue of subsection (4)(a) may be
amended by subsequent regulations under section 176(1) so as to continue any
provision of sections 23 to 29, 31 and 32 in force—

(a)for the specified purpose, or

(b)in relation to the specified area,

35for a further specified period.

(6)In this section “specified” means specified in regulations under section 176(1).

34 Regulations

(1)Regulations under this Chapter are to be made by statutory instrument.

(2)Regulations under this Chapter—

(a)40may make different provision for different purposes and different
provision for different areas;

(b)may make consequential, supplementary, incidental, transitional,
transitory or saving provision.

(3)A statutory instrument containing regulations under this Chapter may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

(4)Subsection (3) does not apply to a statutory instrument containing only
5regulations under section 25(2) or (4).

(5)A statutory instrument within subsection (4) is subject to annulment in
pursuance of a resolution of either House of Parliament.

35 Interpretation

(1)In this Chapter—

• 10“clinical commissioning group” means a clinical commissioning group
  established under section 14D of the National Health Service Act 2006;

• “devolved Welsh authority” has the meaning given in section 157A of the
  Government of Wales Act 2006;

• “local authority” means—

  (a)

  15in relation to England—

  (i)

  a county council,

  (ii)

  a district council,

  (iii)

  a London borough council,

  (iv)

  the Common Council of the City of London in its
  20capacity as a local authority, or

  (v)

  the Council of the Isles of Scilly;

  (b)

  in relation to Wales—

  (i)

  a county council, or

  (ii)

  a county borough council;

• 25“local health board” means a local health board established under section
  11 of the National Health Service (Wales) Act 2006;

• “NHS body” has the same meaning as in the National Health Service Act
  2006 (see section 275 of that Act);

• “review partner” means—

  (a)

  30a chief officer of police for a police area in England or Wales,

  (b)

  a local authority,

  (c)

  a clinical commissioning group, or

  (d)

  a local health board;

• “relevant review partner” has the meaning given by section 24.

(2)35The Secretary of State may by regulations—

(a)amend the definition of “review partner”, and

(b)make such consequential amendments of this Chapter as appear to the
Secretary of State to be appropriate.

(3)Before making regulations under subsection (2), the Secretary of State must
40consult—

(a)such persons as appear to the Secretary of State to represent review
partners,

(b)the Welsh Ministers, so far as the proposed regulations relate to a
devolved Welsh authority, and

(c)45such other persons as the Secretary of State considers appropriate.

Chapter 3 Extraction of information from electronic devices

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

(1)An authorised person may extract information stored on an electronic device
5from that device if—

(a)a user of the device has voluntarily provided the device to an
authorised person, and

(b)that user has agreed to the extraction of information from the device by
an authorised person.

(2)10The power in subsection (1) may be exercised only for the purposes of—

(a)preventing, detecting, investigating or prosecuting crime,

(b)helping to locate a missing person, or

(c)protecting a child or an at-risk adult from neglect or physical, mental or
emotional harm.

(3)15The reference in subsection (2) to crime is a reference to—

(a)conduct which constitutes one or more criminal offences in any part of
the United Kingdom, or

(b)conduct which, if it took place in any part of the United Kingdom,
would constitute one or more criminal offences.

(4)20For the purposes of subsection (2) an adult is an at-risk adult if the authorised
person reasonably believes that the adult—

(a)is experiencing, or at risk of, neglect or physical, mental or emotional
harm, and

(b)is unable to protect themselves against the neglect or harm or the risk
25of it.

(5)An authorised person may exercise the power in subsection (1) only if—

(a)the authorised person reasonably believes that information stored on
the electronic device is relevant to a purpose within subsection (2) for
which the authorised person may exercise the power, and

(b)30the authorised person is satisfied that exercise of the power is necessary
and proportionate to achieve that purpose.

(6)Subsection (7) applies if the authorised person thinks that, in exercising the
power, there is a risk of obtaining information other than—

(a)information necessary for a purpose within subsection (2) for which the
35authorised person may exercise the power, or

(b)information necessary for a purpose within subsection (2) of section 39
(investigations of death) for which the authorised person may exercise
the power in subsection (1) of that section.

(7)The authorised person must, to be satisfied that the exercise of the power in
40subsection (1) is proportionate, be satisfied that—

(a)there are no other means of obtaining the information sought by the
authorised person which avoid that risk, or

(b)there are such other means, but it is not reasonably practicable to use
them.