Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 10 continued    

(7)In section 49 of the Prison Act 1952 (persons unlawfully at large), after
subsection (4) insert—

“(4ZA)5For the purposes of this section a person who, after being temporarily
released in pursuance of section 139 of the Police, Crime, Sentencing
and Courts Act 2021 (temporary release from a secure children’s
home), is at large at any time during the period for which they are liable
to be detained pursuant to their sentence shall be deemed to be
10unlawfully at large if the period for which they were temporarily
released has expired or if they have been recalled under that section.”

140 Secure 16 to 19 Academies

(1)In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end
insert—

“(4)15A 16 to 19 Academy may provide secure accommodation for its
students, but only if it is approved to do so by the Secretary of State.

(5)“Secure accommodation” means accommodation that is provided for
the purpose of restricting liberty.

(6)The Secretary of State may grant approval under subsection (4) subject
20to conditions.

(7)A 16 to 19 Academy which provides secure accommodation for its
students is to be known as a secure 16 to 19 Academy.”

(2)In section 12 of that Act (charitable and trust corporation status of Academy
proprietors etc), at the end insert—

“(5)25The setting up, establishment and running of a secure 16 to 19 Academy
is to be treated as a charitable purpose that falls within the description
in section 3(1)(b) of the Charities Act 2011 (advancement of education)
for the purposes of—

(a)this section,

(b)30the Charities Act 2011, and

(c)any other enactment that applies (in whatever way) the
definition of “charitable purpose” in section 2 of that Act.

(6)But subsection (5) is to be disregarded in determining, in accordance
with section 3(1)(m) of the Charities Act 2011, whether a purpose may
35be regarded as analogous to, or within the spirit of, a purpose falling
within paragraph (b) of section 3(1) of that Act.”

(3)In section 248(1) of the Sentencing Code (meaning of “youth detention
accommodation”), after paragraph (b) insert—

“(ba)a secure 16 to 19 Academy,”.

(4)40In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—

(a)in regulation 2 (interpretation), in paragraph (1), in the definition of
“secure children’s home”—

(i)after “means” insert “—

(a)”;

(ii)at the end insert “; or

(b)a secure 16 to 19 Academy (see section 1B(4) to
(7) of the Academies Act 2010);”;

(b)in regulation 3 (excepted establishments)—

(i)5in paragraph (1)(b), for “as” substitute “other than a secure 16 to
19 Academy, as those terms are”;

(ii)omit paragraph (1A).

Part 10 Management of offenders

10Chapter 1 Serious violence reduction orders

141 Serious violence reduction orders

(1)In Part 11 of the Sentencing Code (behaviour orders) after Chapter 1 insert—

“Chapter 1A 15Serious violence reduction orders

342A Power to make serious violence reduction order

(1)This section applies where—

(a)a person aged 18 or over (“the offender”) is convicted of an
offence which was committed on or after the first appointed
20day, and

(b)the prosecution makes an application to the court for a serious
violence reduction order to be made in respect of the offender.

(2)Subject to subsection (6), the court may make a serious violence
reduction order in respect of the offender if—

(a)25the condition in subsection (3) or (4) is met, and

(b)the condition in subsection (5) is met.

(3)The condition in this subsection is that the court is satisfied on the
balance of probabilities that—

(a)a bladed article or offensive weapon was used by the offender
30in the commission of the offence, or

(b)the offender had a bladed article or offensive weapon with them
when the offence was committed.

(4)The condition in this subsection is that the court is satisfied on the
balance of probabilities that—

(a)35a bladed article or offensive weapon was used by another
person in the commission of the offence and the offender knew
or ought to have known that this would be the case, or

(b)another person who committed the offence had a bladed article
or offensive weapon with them when the offence was
40committed and the offender knew or ought to have known that
this would be the case.

(5)The condition in this subsection is that the court considers it necessary
to make a serious violence reduction order in respect of the offender
to—

(a)protect the public in England and Wales from the risk of harm
5involving a bladed article or offensive weapon,

(b)protect any particular members of the public in England and
Wales (including the offender) from such risk, or

(c)prevent the offender from committing an offence involving a
bladed article or offensive weapon.

(6)10The court may make a serious violence reduction order in respect of the
offender only if it—

(a)does so in addition to dealing with the offender for the offence,
and

(b)does not make an order for absolute discharge under section 79
15in respect of the offence.

(7)For the purpose of deciding whether to make a serious violence
reduction order the court may consider evidence led by the prosecution
and evidence led by the offender.

(8)It does not matter whether the evidence would have been admissible in
20the proceedings in which the offender was convicted.

(9)On making a serious violence reduction order the court must in
ordinary language explain to the offender—

(a)the effects of the order, and

(b)the powers that a constable has in respect of the offender under
25section 342E while the order is in effect.

(10)In subsection (1)(a) “the first appointed day” means the first day
appointed by regulations under section 178(1) of the Police, Crime,
Sentencing and Courts Act 2021 for the coming into force to any extent
of section 141 of that Act.

(11)30In subsection (4) the references to the offence include references to any
offence arising out of the same facts as the offence.

342B Meaning of “serious violence reduction order”

(1)In this Chapter, “serious violence reduction order” means an order
made in respect of an offender that imposes on the offender—

(a)35the requirements specified in subsections (2) and (4), and

(b)the requirements and prohibitions, if any, specified in
regulations made by the Secretary of State for the purposes of
this section.

(2)The offender must be required to notify the information in subsection
40(3) to the police within the period of 3 days beginning with the day on
which the order takes effect.

(3)That information is—

(a)the offender’s name on the day that the notification is given
and, where the offender uses one or more other names on that
45day, each of those names,

(b)the offender’s home address on that day, and

(c)the address of any other premises at which, on that day, the
offender regularly resides or stays.

(4)The offender must be required to notify the information mentioned in
subsection (5) to the police within the period of 3 days beginning with
5the day on which the offender—

(a)uses a name which has not been previously notified to the police
in accordance with the order,

(b)changes their home address, or

(c)decides to live for a period of one month or more at any
10premises the address of which has not been previously notified
to the police in accordance with the order.

(5)That information is—

(a)in a case within subsection (4)(a), the name which has not
previously been notified,

(b)15in a case within subsection (4)(b), the new home address, and

(c)in a case within subsection (4)(c), the address of the premises at
which the offender has decided to live.

(6)A serious violence reduction order must provide that the offender gives
a notification of the kind mentioned in subsection (2) or (4) by—

(a)20attending at a police station in a police area in which the
offender lives, and

(b)giving an oral notification to a police officer, or to any person
authorised for the purpose by the officer in charge of the station.

(7)The Secretary of State may make regulations under subsection (1)(b)
25only if—

(a)the Secretary of State has laid a report before Parliament under
section 142(3) of the Police, Crime, Sentencing and Courts Act
2021 (report to be laid after piloting of serious violence
reduction orders), and

(b)30the Secretary of State considers that it is appropriate to make the
regulations for the purpose of assisting constables to exercise
the powers conferred by section 342E.

(8)Regulations under subsection (1)(b) are subject to the affirmative
resolution procedure.

(9)35In this section, “home address”, in relation to the offender, means—

(a)the address of the offender’s sole or main residence, or

(b)if the offender has no such residence, the address or location of
a place where the offender can regularly be found and, if there
is more than one such place, such one of those places as the
40offender may select.

342C Serious violence reduction orders: additional requirements etc

(1)A serious violence reduction order may impose on the offender any
requirement or prohibition specified in regulations made by the
Secretary of State for the purposes of this section if the condition in
45subsection (2) is met.

(2)The condition in this subsection is that the court considers it
appropriate for the order to impose the requirement or prohibition on

the offender for the purpose of assisting constables to exercise the
powers conferred by section 342E in respect of the offender.

(3)Regulations under this section may be made only after the Secretary of
State has laid a report before Parliament under section 142(3) of the
5Police, Crime, Sentencing and Courts Act 2021 (report to be laid after
piloting of serious violence reduction orders).

(4)Regulations under this section are subject to the affirmative resolution
procedure.

342D Duration of serious violence reduction orders

(1)10A serious violence reduction order takes effect on the day it is made,
subject to subsections (3) and (4).

(2)A serious violence reduction order must specify the period for which it
has effect, which must be a fixed period of not less than 6 months and
not more than 2 years.

(3)15Subsection (4) applies in relation to a serious violence reduction order
if—

(a)the offender has been remanded in or committed to custody by
an order of a court, or

(b)a custodial sentence has been imposed on the offender or the
20offender is serving or otherwise subject to a such a sentence.

(4)The order may provide that it does not take effect until the offender is
released from custody or ceases to be subject to a custodial sentence.

(5)Where a court makes a serious violence reduction order and the
offender is already subject to such an order, the earlier order ceases to
25have effect.

342E Serious violence reduction orders: powers of constables

(1)This section applies where a serious violence reduction order is in
effect.

(2)A constable may search the offender for the purpose of ascertaining
30whether the offender has a bladed article or an offensive weapon with
them.

(3)A constable may detain the offender for the purpose of carrying out the
search.

(4)A constable may seize anything that the constable finds in the course of
35the search if the constable reasonably suspects it to be a bladed article
or an offensive weapon.

(5)The powers in this section may be exercised only while the offender is
in a public place.

(6)A constable may use reasonable force, if necessary, for the purpose of
40exercising a power conferred by this section.

(7)The powers conferred on a constable by this section are additional to
powers which the constable has at common law or by virtue of any
other enactment and does not affect those powers.

342F Retention and disposal of things seized under section 342E

(1)Any thing seized by a constable under section 342E may be retained in
accordance with regulations made by the Secretary of State under this
section.

(2)5The Secretary of State may by regulations make provision—

(a)regulating the retention and safekeeping of things seized by a
constable under section 342E, and

(b)regulating the disposal and destruction of such things in such
circumstances as the regulations may prescribed.

(3)10Regulations under this section are subject to the negative resolution
procedure.

342G Offences relating to a serious violence reduction order

(1)Where a serious violence reduction order is in effect, the offender
commits an offence if the offender—

(a)15fails without reasonable excuse to do anything the offender is
required to do by the order,

(b)without reasonable excuse does anything the offender is
prohibited from doing by the order,

(c)notifies to the police, in purported compliance with the order,
20any information which the offender knows to be false,

(d)tells a constable that they are not subject to a serious violence
reduction order, or

(e)intentionally obstructs a constable in the exercise of any power
conferred by section 342E.

25A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not
exceeding 12 months, or a fine, or both;

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

(3)30In relation to an offence committed before the coming into force of
paragraph 24(2) of Schedule 22 (maximum sentence that may be
imposed on summary conviction of offence triable either way) the
reference in subsection (2)(a) to 12 months is to be read as a reference to
6 months.

(4)35If a person is convicted of an offence under this section, an order for
conditional discharge under section 80 is not available to the court by
or before which the person is convicted.

342H Variation, renewal or discharge of serious violence reduction order

(1)A person within subsection (2) may apply to the appropriate court for
40an order varying, renewing or discharging a serious violence reduction
order.

(2)Those persons are—

(a)the offender;

(b)the chief officer of police for the police area in which the
45offender lives;

(c)the chief officer of police for the police area in which the
offender committed the offence on the basis of which the order
was made;

(d)a chief officer of police who believes that the offender is in, or is
5intending to come to, the chief officer’s police area;

(e)where the offence on the basis of which the order was made is
an offence to which this paragraph applies, the chief constable
of the British Transport Police Force.

(3)Paragraph (e) of subsection (2) applies to an offence which—

(a)10was committed at, or in relation to, a place within section
31(1)(a) to (f) of the Railways and Transport Safety Act 2003
(jurisdiction of British Transport Police Force), or

(b)otherwise related to a railway within the meaning given by
section 67 of the Transport and Works Act 1992 or a tramway
15within the meaning given by that section.

(4)An application under this section must be made in accordance with
rules of court.

(5)Before making a decision on an application under this section, the court
must hear—

(a)20the person making the application, and

(b)any other person within subsection (2) who wishes to be heard.

(6)Subject to subsection (7), on an application under this section the court
may make such order varying, renewing or discharging the serious
violence reduction order as it thinks appropriate.

(7)25The court may renew a serious violence reduction order, or vary such
an order so as to lengthen its duration, only if it considers that to do so
is necessary—

(a)to protect the public in England and Wales from the risk of harm
involving a bladed article or offensive weapon,

(b)30to protect any particular members of the public in England and
Wales (including the offender) from such risk, or

(c)to prevent the offender from committing an offence involving a
bladed article or offensive weapon.

(8)On making an order under this section varying or renewing a serious
35violence reduction order, the court must in ordinary language explain
to the offender—

(a)the effects of the serious violence reduction order (as varied or
renewed), and

(b)the powers that a constable has in respect of the offender under
40section 342E while the serious violence reduction order is in
effect.

(9)In this section the “appropriate court” means—

(a)where the Crown Court or the Court of Appeal made the
serious violence reduction order, the Crown Court;

(b)45where a magistrates’ court made the serious violence reduction
order and the application is made by the offender or the chief
constable of the British Transport Police Force—

(i)that magistrates’ court, or

(ii)a magistrates’ court for the area in which the offender
lives;

(c)where a magistrates’ court made the serious violence reduction
order and the application is made by a chief officer of police—

(i)5that magistrates’ court,

(ii)a magistrates’ court for the area in which the offender
lives, or

(iii)a magistrates’ court acting for a local justice area that
includes any part of the chief officer’s police area.

342I 10 Appeal against serious violence reduction order etc

(1)An appeal against the making of a serious violence reduction order
may be brought by the offender as if the order were a sentence passed
on the offender for an offence.

(2)Where an application is made under section 342H for an order varying,
15renewing or discharging a serious violence reduction order—

(a)the person who made the application may appeal against a
refusal to make an order under that section;

(b)the offender may appeal against the making of an order under
that section which was made on the application of a chief officer
20of police or the chief constable of the British Transport Police
Force;

(c)a chief officer of police within subsection (2) of that section may
appeal against the making of an order under that section which
was made on the application of the offender;

(d)25where the offence on the basis of which the serious violence
reduction order was made is an offence to which this paragraph
applies, the chief constable of the British Transport Police Force
may appeal against the making of an order under that section
which was made on the application of the offender.

(3)30Paragraph (d) of subsection (2) applies to an offence which—

(a)was committed at, or in relation to, a place within section
31(1)(a) to (f) of the Railways and Transport Safety Act 2003
(jurisdiction of British Transport Police Force), or

(b)otherwise related to a railway within the meaning given by
35section 67 of the Transport and Works Act 1992 or a tramway
within the meaning given by that section.

(4)An appeal under subsection (2)—

(a)is to be made to the Court of Appeal if the application under
section 342H was made to the Crown Court;

(b)40is to be made to the Crown Court in any other case.

(5)On an appeal under subsection (2) to the Crown Court, the court may
make—

(a)such orders as may be necessary to give effect to its
determination of the appeal, and

(b)45such incidental and consequential orders as appear to it to be
appropriate.

342J Guidance

(1)The Secretary of State may issue guidance to—

(a)constables,

(b)chief officers of police, and

(c)5the chief constable of the British Transport Police Force,

about the exercise of their functions under this Chapter.

(2)The Secretary of State may revise any guidance issued under this
section.

(3)The Secretary of State must arrange for any guidance issued under this
10section to be published.

(4)A constable, chief officer of police or the chief constable of the British
Transport Police Force must have regard to any guidance issued under
this section when exercising a function to which the guidance relates.

342K Serious violence reduction orders: interpretation

15In this Chapter—

• “bladed article” means an article to which section 139 of the
  Criminal Justice Act 1988 applies;

• “custodial sentence” includes a pre-Code custodial sentence (see
  section 222(4));

• 20“harm” includes physical and psychological harm;

• “offensive weapon” has the same meaning as in section 1(4) of the
  Prevention of Crime Act 1953;

• “public place” means—

  (a)

  any place to which the public or any section of the public
  25has access, on payment or otherwise, as of right or by
  virtue of express or implied permission, or

  (b)

  any other place to which people have ready access but
  which is not a dwelling;

• “the offender”, in relation to a serious violence reduction order,
  30means the offender in respect of whom the order or the
  application for the order has been made.”

(2)In section 80(3) of the Sentencing Code (list of circumstances where an order
for conditional discharge is not available) after paragraph (d) insert—

“(da)section 342G(4) (offences relating to a serious violence
35reduction order);”.

(3)In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director
of Public Prosecutions) after paragraph (fg) insert—

“(fh)to have the conduct of applications for orders under section
342A of the Sentencing Code (serious violence reduction
40orders);”.

142 Serious violence reduction orders: piloting

(1)The Secretary of State may exercise the power in section 178(1) so to bring
section 141 into force—

(a)for all purposes, and

(b)45in 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 178(1) have
brought section 141 into force only—

(a)for one or more specified purposes, or

(b)5in 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 Chapter 1A of Part 11 of the Sentencing
Code (inserted by section 141)—

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

(b)10in relation to one or more of those areas.

(4)Regulations under section 178(1) which bring section 141 into force only for a
specified purpose or in relation to a specified area may—

(a)provide for section 141 to be in force for that purpose or in relation to
that area for a specified period;

(b)15make transitional or saving provision in connection with section 141
ceasing to be in force at the end of the specified period.

(5)Regulations containing provision by virtue of subsection (4)(a) may be
amended by subsequent regulations under 178(1) so as to continue section 141
in force—

(a)20for the specified purpose, or

(b)in relation to the specified area,

for a further specified period.

(6)Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as
applied by section 176, to the coming into force of an amendment is to be read
25as including a reference to the continuing in force of an amendment by reason
of subsection (5).

(7)In this section “specified” means specified in regulations under section 178(1).

Chapter 2 Management of sex offenders

30Notification requirements

143 Locations for sexual offender notification

(1)Section 87 of the Sexual Offences Act 2003 (method of notification and related
matters) is amended as follows.

(2)For paragraph (a) of subsection (1) substitute—

“(a)35attending at the police station in the person’s local police area
that is for the time being specified in a document published for
that local police area under this section or, if there is more than
one such police station, at any one of them, and”.

(3)After subsection (2) insert—

“(2A)40The chief officer of police for each police area must publish, in such
manner as the chief officer thinks fit, a document containing the name