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

Police, Crime, Sentencing and Courts BillPage 40

(b)given a caution in respect of a recordable offence which, at the
time of the caution they have admitted,

and either of the conditions in subsection (1G) is met in relation to that
person.

(1G)5The conditions referred to in subsection (1F) are that—

(a)the person has not been photographed since being convicted or
cautioned, or

(b)that the person has been so photographed but—

(i)any photograph taken on such a previous occasion is
10unavailable or inadequate, and

(ii)a constable considers that taking a further photograph is
necessary to assist in the prevention or detection of
crime.

(1H)A person falls within this subsection if—

(a)15under the law in force in a country or territory outside England
and Wales the person has been convicted of an offence under
that law (whether before or after the coming into force of this
subsection and whether or not they have been punished for it),

(b)the act constituting the offence would constitute a qualifying
20offence if done in England and Wales (whether or not it
constituted such an offence when the person was convicted),
and

(c)either of the conditions in subsection (1I) is met in relation to
that person.

(1I)25 The conditions referred to in subsection (1H) are that—

(a)the person has not been photographed on a previous occasion
by virtue of being a person falling within subsection (1H), or

(b)that the person has been so photographed but—

(i)any photograph taken on such a previous occasion is
30unavailable or inadequate, and

(ii)a constable considers that taking a further photograph is
necessary to assist in the prevention or detection of
crime.

(1J)A person who falls within subsection (1F) or (1H) may be
35photographed under subsection (1C) only with the authorisation of an
officer of at least the rank of inspector.

(1K)An officer may only give an authorisation under subsection (1J) if the
officer is satisfied that taking the photograph is necessary to assist in
the prevention or detection of crime.

(1L)40In subsections (1E), (1G) and (1I)—

(a)references to a photograph being unavailable include references
to a photograph being lost or destroyed, and

(b)references to a photograph being inadequate include references
to a photograph being—

(i)45unclear,

(ii)an incomplete photograph of the subject, or

(iii)no longer an accurate representation of the subject’s
appearance.

Police, Crime, Sentencing and Courts BillPage 41

(1M)In subsections (1E), (1G), (1I) and (1K) references to crime include
references to any conduct which—

(a)constitutes one or more criminal offences (whether under the
law of a part of the United Kingdom or of a country or territory
5outside the United Kingdom), or

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

(3)Schedule 2A (fingerprinting and samples: power to require attendance at
10police station) is amended in accordance with subsections (4) to (8).

(4)In the heading of the Schedule, for “and samples” substitute “, samples and
photographs”.

(5)After Part 3 insert—

“Part 3A 15Photographs
Persons arrested and released

14A(1)A constable may require a person who falls within section
64A(1D)(a) to attend a police station to be photographed under
section 64A(1C).

(2)20The power under sub-paragraph (1) may not be exercised in a case
where section 64A(1E)(b) (photograph taken on a previous occasion
unavailable or inadequate) applies after the end of the period of six
months beginning with the day on which the appropriate officer was
informed that section 64(1E)(b)(i) applied.

(3)25In sub-paragraph (2) the “appropriate officer” means the officer
investigating the offence for which the person was arrested.

Persons charged etc.

14B(1)A constable may require a person who falls within section
64A(1D)(b) or (c) to attend a police station to be photographed under
30section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised after the
end of the period of six months beginning with—

(a)in a case where section 64A(1E)(a) applies (photograph not
previously taken), the day on which the person was charged
35or informed that they would be reported, or

(b)in a case where section 64A(1E)(b) applies (photograph taken
on a previous occasion unavailable or inadequate), the day
on which the appropriate officer was informed that section
64A(1E)(b)(i) applied.

(3)40In sub-paragraph (2)(b) the “appropriate officer” means the officer
investigating the offence for which the person was charged or
informed that they would be reported.

Police, Crime, Sentencing and Courts BillPage 42

Persons convicted of an offence etc. in England and Wales

14C(1)A constable may require a person who falls within section 64A(1F) to
attend a police station to be photographed under section 64A(1C).

(2)Where section 64A(1G)(a) applies (photographs not previously
5taken), the power under sub-paragraph (1) may not be exercised
after the end of the period of two years beginning with—

(a)the day on which the person was convicted or cautioned, or

(b)if later, the day on which this Part comes into force.

(3)Where section 64A(1G)(b) applies (photograph taken on previous
10occasion unavailable or inadequate), the power under sub-
paragraph (1) may not be exercised after the end of the period of two
years beginning with—

(a)the day on which an appropriate officer was informed that
section 64A(1G)(b)(i) applied, or

(b)15if later, the day on which this Part comes into force.

(4)In sub-paragraph (3)(a), “appropriate officer” means an officer of the
police force which investigated the offence in question.

(5)Sub-paragraphs (2) and (3) do not apply where the offence is a
qualifying offence (whether or not it was such an offence at the time
20of the conviction or caution).

Persons convicted of an offence etc. outside England and Wales

14DA constable may require a person falling within section 64A(1H) to
attend at a police station to be photographed under section 64A(1C).

Multiple exercise of power

14E(1)25Where a photograph is taken of a person under section 64A on two
occasions in relation to any offence, the person may not under this
Schedule be required to attend a police station to be photographed
under that section in relation to that offence on a subsequent
occasion without the authorisation of an officer of at least the rank of
30inspector.

(2)Where an authorisation is given under sub-paragraph (1)—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

must be recorded as soon as practicable after it has been given.”

(6)35In the italic heading before paragraph 15 (requirement to have power to take
fingerprints or sample), for “or sample” substitute “, sample or photograph”.

(7)In paragraph 15—

(a)for “or a sample” substitute “, a sample or a photograph”, and

(b)for “or sample”, in both places it occurs, substitute “, sample or
40photograph”.

(8)In paragraph 16(2) (date and time of attendance), for “or sample” substitute “,
sample or photograph”.

Police, Crime, Sentencing and Courts BillPage 43

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

(1)Paragraph 16 of Schedule 2A to the Police and Criminal Evidence Act 1984
(attendance at police station for fingerprinting and taking of samples: date and
time of attendance) is amended as follows.

(2)5For sub-paragraph (1) substitute—

(1)A requirement under this Schedule—

(a)must direct the person to attend the police station on a
specified date, and

(b)may either direct the person to attend the police station at a
10specified time on that date or direct the person to attend the
police station between specified times on that date.”

(3)In sub-paragraph (2), for “period or time or times of day” substitute “date, time
or times”.

(4)Omit sub-paragraphs (3) and (4).

(5)15In sub-paragraph (5), for “any period within which, or date or time at which,”
substitute “any date, time at which or times between which”.

(6)The amendments made by this section apply only in relation to a requirement
to attend a police station given under Schedule 2A to the Police and Criminal
Evidence Act 1984 after the coming into force of this section.

20Search for material relating to human remains

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

(1)On an application made by a constable, a justice of the peace may issue a
warrant authorising a constable to enter and search premises if the justice of
25the peace is satisfied that the following conditions are met.

(2)The first condition is that there are reasonable grounds for believing that there
is material on the premises mentioned in subsection (5) below that consists of,
or may relate to the location of, relevant human remains.

(3)The second condition is that there are reasonable grounds for believing that the
30material does not consist of or include—

(a)items subject to legal privilege,

(b)excluded material, or

(c)special procedure material.

(4)The third condition is that there are reasonable grounds for believing, in
35relation to each set of premises specified in the application—

(a)that it is not practicable to communicate with any person entitled to
grant entry to the premises,

(b)that it is practicable to communicate with a person entitled to grant
entry to the premises but it is not practicable to communicate with any
40person entitled to grant access to the material,

(c)that entry to the premises will not be granted unless a warrant is
produced, or

Police, Crime, Sentencing and Courts BillPage 44

(d)that the purpose of a search may be frustrated or seriously prejudiced
unless a constable arriving at the premises can secure immediate entry
to them.

(5)The premises referred to in subsection (2) are—

(a)5one or more sets of premises specified in the application (in which case
the application is for a “specific premises warrant”), or

(b)any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).

(6)10If the application is for an all premises warrant, the justice of the peace must
also be satisfied—

(a)that there are reasonable grounds for believing that it is necessary to
search premises occupied or controlled by the person in question which
are not specified in the application in order to find the material referred
15to in subsection (2), and

(b)that it is not reasonably practicable to specify in the application all the
premises which the person occupies or controls and which might need
to be searched.

(7)The warrant may authorise entry to and search of premises on more than one
20occasion if, on the application, the justice of the peace is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose for
which the justice of the peace issues the warrant.

(8)If the warrant authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

(9)25A constable may—

(a)seize and retain anything for which a search has been authorised under
subsection (1), and

(b)if necessary, use reasonable force in the exercise of a power conferred
by a warrant issued under this section.

(10)30The power to issue a warrant conferred by this section is in addition to any
such power otherwise conferred.

(11)In this section, section 51 and Schedule 6 “relevant human remains” means the
body or any other human remains of—

(a)a person who the constable making the application reasonably believes
35to have died in England and Wales but whose death has not been
registered under section 15 of the Births and Deaths Registration Act
1953,

(b)a person whose death has been registered under that Act following an
investigation under section 1(5) of the Coroners and Justice Act 2009, or

(c)40a person in respect of whom a declaration has been made under section
2 of the Presumption of Death Act 2013.

(12)In this section, section 51 and Schedule 6 the following expressions have the
same meaning as in the Police and Criminal Evidence Act 1984—

(a)“items subject to legal privilege” (see section 10 of that Act);

(b)45“excluded material” (see section 11 of that Act);

(c)“special procedure material” (see section 14 of that Act);

(d)“premises” (see section 23 of that Act).

Police, Crime, Sentencing and Courts BillPage 45

51 Special procedure for access to material relating to human remains

(1)Schedule 6 makes provision for a constable to obtain access to excluded
material or special procedure material that consists of, or relates to the location
of, relevant human remains.

(2)5Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes
provision for the execution of process of English and Welsh courts in Scotland)
and section 29 of the Petty Sessions (Ireland) Act 1851 (which makes equivalent
provision for execution in Northern Ireland) apply to any process issued by a
judge under Schedule 6 to this Act as they apply to process issued by a
10magistrates’ court under the Magistrates’ Courts Act 1980.

52 Additional seizure powers

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of
seizure to which section 50 of that Act applies), at the end insert—

“Police, Crime, Sentencing and Courts Act 2021

73U15Each of the powers of seizure conferred by section 50(9)(a) of, and
paragraph 11(a) of Schedule 6 to, the Police, Crime, Sentencing and
Courts Act 2021 (seizure in connection with human remains or
material relating to human remains).”

Prisoner custody officers

53 20Functions of prisoner custody officers in relation to live link hearings

(1)The Criminal Justice Act 1991 is amended as follows.

(2)Section 80 (arrangements for the provision of prisoner escorts) is amended in
accordance with subsections (3) to (5).

(3)In subsection (1), after paragraph (b) insert—

(ba)25the custody of prisoners at a police station for any purpose
connected with their participation in a preliminary, sentencing
or enforcement hearing through a live audio link or live video
link;”.

(4)After subsection (1A) insert—

(1B)30Subsection (1)(ba) applies in relation to prisoners whether the hearing
is yet to take place, is taking place or has taken place.”

(5)In subsection (4), at the appropriate place insert—

  • ““enforcement hearing”, “live audio link”, “live video link”,
    “preliminary hearing” and “sentencing hearing” each has the
    35meaning given in section 56(1) of the Criminal Justice Act
    2003;”.

(6)Section 82 (powers and duties of prisoner custody officers) is amended in
accordance with subsections (7) and (8).

Police, Crime, Sentencing and Courts BillPage 46

(7)After subsection (4) insert—

(4A)Subsections (4B) and (4C) apply if a prisoner custody officer acting in
pursuance of prisoner escort arrangements is at a police station for the
purposes of exercising functions under section 80(1)(ba) (custody of
5prisoners in relation to live link proceedings) in relation to a prisoner.

(4B)It is the prisoner custody officer’s duty to give effect to—

(a)any order of the Crown Court under section 142 of the Powers
of Criminal Courts (Sentencing) Act 2000 in relation to the
prisoner, or

(b)10any order of a magistrates’ court under section 80 of the 1980
Act in relation to the prisoner.

(4C)The fact that the prisoner custody officer is exercising, or may exercise,
functions under section 80(1)(ba) in relation to the prisoner does not
prevent a constable from exercising any powers in relation to the
15prisoner that are otherwise available to the constable.”

(8)In subsection (5) for “and (4)” substitute “, (4) and (4B)”.

Proceeds of crime

54 Proceeds of crime: account freezing orders

(1)In section 303Z1 of the Proceeds of Crime Act 2002 (application for account
20freezing order)—

(a)omit subsections (5A) and (5B), and

(b)in subsection (6), at the appropriate place insert—

  • ““relevant financial institution” means—

    (a)

    a bank,

    (b)

    25a building society,

    (c)

    an electronic money institution, or

    (d)

    a payment institution.”

(2)In section 316(1) of that Act (general interpretation), in the definition of
“relevant financial institution”, after “303Z1” insert “(6)”.

(3)30In section 48 of the Financial Services Act 2021 (extent)— 

(a)in subsection (1), for “subsections (2) and (3)” substitute “subsection
(2)”, and

(b)omit subsection (3).

(4)In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic
35money institutions and payment institutions) omit sub-paragraphs (3) and (4).

Part 3 Public order

55 Imposing conditions on public processions

(1)Section 12 of the Public Order Act 1986 (imposing conditions on public
40processions) is amended as follows.

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(2)In subsection (1)—

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

(aa)in the case of a procession in England and Wales, the
noise generated by persons taking part in the procession
5may result in serious disruption to the activities of an
organisation which are carried on in the vicinity of the
procession,

(ab)in the case of a procession in England and Wales—

(i)the noise generated by persons taking part in the
10procession may have a relevant impact on
persons in the vicinity of the procession, and

(ii)that impact may be significant, or”, and

(b)in the words following paragraph (b), after “disruption” insert “,
impact”.

(3)15After subsection (2) insert—

(2A)For the purposes of subsection (1)(ab)(i), the noise generated by
persons taking part in a public procession may have a relevant impact
on persons in the vicinity of the procession if—

(a)it may result in the intimidation or harassment of persons of
20reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

(b)it may cause such persons to suffer serious unease, alarm or
distress.

(2B)In considering for the purposes of subsection (1)(ab)(ii) whether the
25noise generated by persons taking part in a public procession may have
a significant impact on persons in the vicinity of the procession, the
senior police officer must have regard to—

(a)the likely number of persons of the kind mentioned in
paragraph (a) of subsection (2A) who may experience an impact
30of the kind mentioned in paragraph (a) or (b) that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.”

(4)After subsection (11) insert—

(12)The Secretary of State may by regulations make provision about the
35meaning for the purposes of this section of—

(a)serious disruption to the activities of an organisation which are
carried on in the vicinity of a public procession, or

(b)serious disruption to the life of the community.

(13)Regulations under subsection (12) may, in particular—

(a)40define any aspect of an expression mentioned in subsection
(12)(a) or (b) for the purposes of this section;

(b)give examples of cases in which a public procession is or is not
to be treated as resulting in—

(i)serious disruption to the activities of an organisation
45which are carried on in the vicinity of the procession, or

(ii)serious disruption to the life of the community.

(14)Regulations under subsection (12)—

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(a)are to be made by statutory instrument;

(b)may apply only in relation to public processions in England and
Wales;

(c)may make incidental, supplementary, consequential,
5transitional, transitory or saving provision.

(15)A statutory instrument containing regulations under subsection (12)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

56 Imposing conditions on public assemblies

(1)10Section 14 of the Public Order Act 1986 (imposing conditions on public
assemblies) is amended as follows.

(2)In subsection (1)—

(a)for “If” substitute “Subsection (1A) applies if”,

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

(aa)15in the case of an assembly in England and Wales, the
noise generated by persons taking part in the assembly
may result in serious disruption to the activities of an
organisation which are carried on in the vicinity of the
assembly,

(ab)20in the case of an assembly in England and Wales—

(i)the noise generated by persons taking part in the
assembly may have a relevant impact on persons
in the vicinity of the assembly, and

(ii)that impact may be significant, or”, and

(c)25omit the words after paragraph (b).

(3)After subsection (1) insert—

(1A)The senior police officer may give directions imposing on the persons
organising or taking part in the assembly—

(a)in the case of an assembly in England and Wales, such
30conditions as appear to the officer necessary to prevent the
disorder, damage, disruption, impact or intimidation
mentioned in subsection (1);

(b)in the case of an assembly in Scotland, such conditions as to the
place at which the assembly may be (or continue to be) held, its
35maximum duration, or the maximum number of persons who
may constitute it, as appear to the officer necessary to prevent
the disorder, damage, disruption or intimidation mentioned in
subsection (1)(a) or (b).”

(4)In subsection (2), for “subsection (1)” substitute “this section”.

(5)40After subsection (2) insert—

(2A)For the purposes of subsection (1)(ab)(i), the noise generated by
persons taking part in an assembly may have a relevant impact on
persons in the vicinity of the assembly if—

(a)it may result in the intimidation or harassment of persons of
45reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

Police, Crime, Sentencing and Courts BillPage 49

(b)it may cause such persons to suffer serious unease, alarm or
distress.

(2B)In considering for the purposes of subsection (1)(ab)(ii) whether the
noise generated by persons taking part in an assembly may have a
5significant impact on persons in the vicinity of the assembly, the senior
police officer must have regard to—

(a)the likely number of persons of the kind mentioned in
paragraph (a) of subsection (2A) who may experience an impact
of the kind mentioned in paragraph (a) or (b) that subsection,

(b)10the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.”

(6)After subsection (10A) (as inserted by section 57(11)) insert—

(11)The Secretary of State may by regulations make provision about the
meaning for the purposes of this section of—

(a)15serious disruption to the activities of an organisation which are
carried on in the vicinity of a public assembly, or

(b)serious disruption to the life of the community.

(12)Regulations under subsection (11) may, in particular—

(a)define any aspect of an expression mentioned in subsection (11)
20(a) or (b) for the purposes of this section;

(b)give examples of cases in which a public assembly is or is not to
be treated as resulting in—

(i)serious disruption to the activities of an organisation
which are carried on in the vicinity of the assembly, or

(ii)25serious disruption to the life of the community.

(13)Regulations under subsection (11)—

(a)are to be made by statutory instrument;

(b)may apply only in relation to public assemblies in England and
Wales;

(c)30may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(14)A statutory instrument containing regulations under subsection (11)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

57 35Offences under sections 12 and 14 of the Public Order Act 1986

(1)The Public Order Act 1986 is amended as follows.

(2)Section 12 (imposing conditions on public processions) is amended in
accordance with subsections (3) to (6).

(3)In subsection (4)—

(a)40for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(4)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.