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

continued    Part 3 continued    

(a)protecting the public in England and Wales, or any particular
members of the public in England and Wales, from harm
from the defendant, or

(b)protecting children or vulnerable adults generally, or any
5particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(9)A relevant Scottish order as renewed or varied under this section
may contain only such prohibitions and requirements as are
necessary for the purpose of—

(a)10protecting the public or any particular members of the public
from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(10)15If a list has been published under section 147 of the Police, Crime,
Sentencing and Courts Act 2021 and has not been withdrawn, the
court must have regard to the list in considering—

(a)whether any order varying or renewing the relevant Scottish
order is necessary for the purpose of protecting children
20generally, or any particular children, from sexual harm from
the defendant outside the United Kingdom, and

(b)in particular, whether an order imposing, varying or
renewing a prohibition on foreign travel is necessary for that
purpose.

(11)25A relevant Scottish order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions and
requirements imposed by the order.

(12)Section 122EA (electronic monitoring requirements) applies in
30relation to—

(a)the variation under this section of a relevant Scottish order to
require the defendant to submit to electronic monitoring of
the defendant’s compliance with the prohibitions and
requirements imposed by the order, or

(b)35the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual risk order, subject
to subsection (13).

(13)In its application to the variation or renewal of a relevant Scottish
order, section 122EA has effect as if—

(a)40the reference in subsection (4)(b) to a case where it is
proposed to include in the order a requirement or provision
mentioned in sub-paragraph (i) or (ii) included a case where
the order already includes such a requirement or provision,

(b)the reference in subsection (4)(b) to the local justice area in
45which the place or area proposed to be specified is situated
included the local justice area in which the place or area
already specified is situated, and

(c)the reference in subsection (9) to section 122D were to this
section.

(14)The court must not discharge a relevant Scottish order, or vary such
an order so as to remove a prohibition or requirement, unless the
order or, as the case may be, the prohibition or requirement is no
longer necessary for the purpose of—

(a)5protecting the public, or any particular members of the
public, from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(15)10In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  where the defendant is aged 18 or over, an adult
  15magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  chief officer’s police area;

  (b)

  20where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  that includes any part of the chief officer’s police area;

• 25“child” means a person under 18;

• “harm” and “vulnerable adult” have the same meanings as in
  Chapter 4 of Part 2 of the Abusive Behaviour and Sexual
  Harm (Scotland) Act 2016 (see sections 26 and 36 of that Act);

• “prohibition on foreign travel” includes a prohibition on foreign
  30travel within the meaning of Chapter 4 of Part 2 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see
  sections 29 and 36 of that Act).

136ZJ  Variation, renewal or discharge of risk of sexual harm order by court
in England and Wales

(1)35This section applies where a risk of sexual harm order has been made
in respect of a person who now—

(a)is residing in England and Wales, or

(b)is in or is intending to come to England and Wales.

(2)A person within subsection (3) may by complaint to the appropriate
40court apply for an order varying, renewing or discharging the order.

(3)Those persons are—

(a)the defendant;

(b)the chief officer of police for the area in which the defendant
resides;

(c)45a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area.

(4)Subject to subsections (5) to (10), on the application the court, after
hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (3), may make any

order varying, renewing or discharging the risk of sexual harm order
that the court considers appropriate.

(5)A risk of sexual harm order may be renewed, or varied under this
section so as to impose—

(a)5additional prohibitions on the defendant, or

(b)requirements of the kind mentioned in subsection (7) on the
defendant,

only if it is necessary to do so for the purpose of protecting children
generally or any child from physical or psychological harm, caused
10by the defendant doing acts within section 123(3).

(6)A risk of sexual harm order as renewed or varied under this section
may contain only—

(a)such prohibitions as are necessary for the purpose mentioned
in subsection (5), and

(b)15such requirements of the kind mentioned in subsection (7) as
are necessary for that purpose.

(7)A risk of sexual harm order may be renewed or varied under this
section so as to require the defendant to submit to electronic
monitoring of the defendant’s compliance with the prohibitions
20imposed by the order.

(8)Section 122EA (electronic monitoring requirements) applies in
relation to—

(a)the variation under this section of a risk of sexual harm order
to require the defendant to submit to electronic monitoring of
25the defendant’s compliance with the prohibitions imposed
by the order, or

(b)the renewal of an order to continue such a requirement,

as it applies in relation to the making of a sexual harm prevention
order, subject to subsection (9).

(9)30In its application to the variation or renewal of a risk of sexual harm
order, section 122EA has effect as if—

(a)subsection (4)(b)(i) were omitted,

(b)the reference in subsection (4)(b) to a case where it is
proposed to include in the order a provision mentioned in
35sub-paragraph (ii) included a case where the order already
includes such a provision,

(c)the reference in subsection (4)(b) to the local justice area in
which the place or area proposed to be specified is situated
included the local justice area in which the place or area
40already specified is situated, and

(d)the reference in subsection (9) to section 122D were to this
section.

(10)The court must not discharge a risk of sexual harm order before the
end of 2 years beginning with the day on which the order was made
45without the consent of the defendant and—

(a)where the application under this section is made by a chief
officer of police, that chief officer, or

(b)in any other case, the chief officer of police for the area in
which the defendant resides.

(11)In this section—

• “adult magistrates’ court” means a magistrates’ court that is not
  a youth court;

• “the appropriate court” means—

  (a)

  5where the defendant is aged 18 or over, an adult
  magistrates’ court for the area in which the defendant
  resides or, where the application is made by a chief
  officer of police, any adult magistrates’ court acting
  for a local justice area that includes any part of the
  10chief officer’s police area;

  (b)

  where the defendant is under the age of 18, a youth
  court for the area in which the defendant resides or,
  where the application is made by a chief officer of
  police, any youth court acting for a local justice area
  15that includes any part of the chief officer’s police area;

• “child” means a person under 16.”

Section 163

Schedule 18 Management of terrorist offenders: provision consequential on sections 159
to 162

20Police and Criminal Evidence Act 1984 (c. 60)

1(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 51(b), after “section 41” insert “or 43B”.

(3)In section 65(1), in the definition of “the terrorism provisions”, for “section
41” substitute “sections 41 and 43B”.

(4)25In section 118(2)(a), after “section 41” insert “or 43B”.

Criminal Justice and Police Act 2001 (c. 16)

2(1)Schedule 1 to the Criminal Justice and Police Act 2001 is amended as follows.

(2)In Part 1, after paragraph 69B insert—

“69CThe power of seizure conferred by section 43E(2) of the Terrorism
30Act 2000 (seizure on the occasion of a search necessary for
purposes connected with protecting members of the public from a
risk of terrorism).”

(3)In Part 2, after paragraph 82A insert—

“82BThe power of seizure conferred by section 43E(2) of the Terrorism
35Act 2000 (seizure on the occasion of a search necessary for
purposes connected with protecting members of the public from a
risk of terrorism).”

Counter-Terrorism Act 2008 (c. 28)

3In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb)

 insert—

“(bc)section 43C(1) of that Act (search of terrorist offender
released on licence);

(bd)section 43C(5) of that Act (search of vehicle in connection
5with search of terrorist offender released on licence);

(be)section 43D of that Act (search of premises of offender
released on licence for purposes connected with protection
from risk of terrorism);”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

4(1)10The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2)In Article 2—

(a)in paragraph (2), in the definition of “the terrorism provisions”, for
“section 41” substitute “sections 41 and 43B”;

(b)15in paragraph (3)(a), after “section 41” insert “or 43B”.

(3)In Article 51(b), after “section 41” insert “or 43B”.

Criminal Justice (Scotland) Act 2016 (asp 1)

5In section 59 of the Criminal Justice (Scotland) Act 2016—

(a)in the heading, for “terrorism offences” substitute “cases involving
20terrorism”;

(b)in subsection (1), after “41(1)” insert “or 43B(1)”.

Section 170

Schedule 19 Further provision about video and audio links in criminal proceedings

Criminal Justice Act 2003

1(1)25The Criminal Justice Act 2003 is amended as follows.

(2)For section 52 substitute—

“52 Further provision about the giving, variation and rescission of live-
link directions

(1)The power conferred by section 51 includes power to give—

(a)30a direction that is applicable to several, or all, of the persons
taking part in particular eligible criminal proceedings;

(b)a direction that is applicable to a particular person in respect
of only some aspects of particular eligible criminal
proceedings (such as giving evidence or attending the
35proceedings when not giving evidence);

(c)a direction requiring or permitting a person who is outside
England and Wales (whether in the United Kingdom or
elsewhere) to take part in eligible criminal proceedings
through a live audio link or a live video link.

(2)The court may vary or rescind a direction under section 51 at any
time before or during the eligible criminal proceedings to which it
relates (but this does not affect the court’s power to give a further
direction under that section in relation to the proceedings).

(3)5A direction under section 51 may not be rescinded unless—

(a)the court is satisfied that it is in the interests of justice for the
direction to be rescinded,

(b)the parties to the proceedings have been given the
opportunity to make representations, and

(c)10if so required by subsection (9), the relevant youth offending
team has been given the opportunity to make
representations.

(4)In relation to the variation of a direction given under section 51—

(a)so far as the effect of the variation would be to allow a person
15to take part in eligible criminal proceedings through a live
audio link or a live video link, or to alter (without removing)
a person’s ability to do so, sections 51(4) and 53(1) to (3) apply
as they apply to the giving of a direction;

(b)so far as the effect of the variation would be to remove a
20person’s ability to take part in eligible criminal proceedings
through a live audio link or a live video link, subsection (3)
applies as it applies to the rescission of a direction.

(5)Section 51(5) and (6) applies in relation to the variation or rescission
of a direction given under section 51 as it applies to the giving of a
25direction under that section.

(6)A direction under section 51 may be given, varied or rescinded—

(a)on an application by a party to the proceedings, or

(b)of the court’s own motion.

But a party may not apply for a variation or rescission unless there
30has been a material change of circumstances since the direction was
given or last varied.

(7)The court must state in open court its reasons for refusing an
application for the giving, variation or rescission of a direction under
section 51 and, if it is a magistrates’ court, must cause them to be
35entered in the register of its proceedings.

(8)If a hearing takes place in relation to the giving, variation or
rescission of a direction under section 51, the court may require or
permit a person to take part in that hearing through—

(a)a live audio link, or

(b)40a live video link.

(9)The requirement referred to in section 51(4)(c) and subsection (3)(c)
arises in a case where—

(a)the defendant is a party to the proceedings, and

(b)either—

(i)45the defendant has not attained the age of 18 years, or

(ii)the defendant has attained the age of 18 years but the
court is dealing with the case as if the defendant had
not attained that age.

52A Further provision about the effect of live-link directions

(1)A person who takes part in eligible criminal proceedings in
accordance with a direction under section 51 is to be treated as
complying with any requirement (however imposed or expressed)
5for that person to attend or appear before court, or to surrender to the
custody of the court, for the purposes of that participation in those
proceedings.

(2)A person who takes part in eligible criminal proceedings in
accordance with a direction under section 51 is to be treated as
10present in court for the purposes of those proceedings.

(3)If eligible criminal proceedings are conducted with one or more
persons taking part in accordance with a direction under section 51,
the proceedings are to be regarded as taking place—

(a)if at least one member of the court is taking part in the
15proceedings while in a courtroom, in that courtroom (or, if
more than one courtroom falls within this paragraph, such of
them as the court directs),

(b)if no member of the court, but at least one other person, is
taking part in the proceedings while in a courtroom, in that
20courtroom (or, if more than one courtroom falls within this
paragraph, such of them as the court directs), or

(c)if no person is taking part in the proceedings while in a
courtroom, at such place as the court directs (being a place
where the court could lawfully sit for the purposes of those
25proceedings).

(4)In subsection (3), “courtroom” includes any place where proceedings
of the sort in question might ordinarily be held (if no person were
taking part in the proceedings in accordance with a direction under
section 51).

(5)30A statement made on oath by a witness outside the United Kingdom
and given in evidence through a live audio link or a live video link
in accordance with a direction under section 51 is to be treated for the
purposes of section 1 of the Perjury Act 1911 as having been made in
the proceedings in which it is given in evidence.”

(3)35In section 53—

(a)for the heading substitute “Further provision about live links in
magistrates’ courts”;

(b)in subsection (1)—

(i)in the words before paragraph (a), for “This section applies”
40substitute “Subsections (2) and (3) apply”;

(ii)in paragraph (a), for “for evidence to be given through a live
link in proceedings before the court” substitute “requiring or
permitting a person to take part in proceedings before the
court through a live audio link or a live video link”;

(iii)45in paragraph (b), for “receiving such evidence” substitute
“such participation”;

(c)after subsection (3) insert—

“(4)The following functions of a magistrates’ court may be
discharged by a single justice—

(a)giving a direction under section 51 or varying such a
direction under section 52(2);

(b)rescinding under section 52(2) a direction given
under section 51 before the eligible criminal
5proceedings concerned begin;
requiring or permitting, under section 52(8), a person
to take part by live audio link or live video link in a
hearing about a matter within paragraph (a) or (b).”

(4)In section 54(1), for “a live link” substitute “a live audio link or a live video
10link by a witness (including the defendant)”.

(5)In section 55—

(a)in subsection (2)—

(i)in paragraph (a), for “51 or 52” substitute “52(6)”;

(ii)in paragraph (b), for “live links” substitute “live audio links
15and live video links”;

(b)in subsection (3)—

(i)in paragraph (a), omit “uncontested”;

(ii)in paragraph (b), for “51” substitute “52(6)”;

(iii)in paragraph (c), for “51 or 52” substitute “52(6)”.

(6)20In section 56—

(a)in subsection (1)—

(i)omit the definition of “legal representative”;

(ii)before the definition of “local justice area” insert—

• ““bail” includes remand to local authority accommodation in
  25accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing
  and Punishment of Offenders Act 2012,

• “defendant” includes the person accused or convicted of an
  offence and, in the case of an enforcement hearing, the person
  liable to pay the sum or financial penalty concerned,

• 30“eligible criminal proceedings” has the meaning given in section
  51(3),

• “enforcement hearing” means a hearing relating to collection,
  discharge, satisfaction or enforcement of—

  (a)

  a sum that has been adjudged to be paid on conviction
  35for an offence by a magistrates’ court or the Crown
  Court, or

  (b)

  a financial penalty that is enforceable in accordance with
  section 85(6) and (7) of the Criminal Justice and
  Immigration Act 2008 as if it were such a sum (including
  40a hearing to determine whether a financial penalty is so
  enforceable),

• “live audio link”, in relation to a person (P) taking part in
  proceedings, means a live telephone link or other arrangement
  which—

  (a)

  45enables P to hear all other persons taking part in the
  proceedings who are not in the same location as P, and

  (b)

  enables all other persons taking part in the proceedings
  who are not in the same location as P to hear P,

• “live video link”, in relation to a person (P) taking part in
  proceedings, means a live television link or other arrangement
  which—

  (a)

  enables P to see and hear all other persons taking part in
  5the proceedings who are not in the same location as P,
  and

  (b)

  enables all other persons taking part in the proceedings
  who are not in the same location as P to see and hear P,”;

(iii)after the definition of “local justice area” insert—

• 10““preliminary hearing” means a hearing in proceedings for an
  offence held before the start of the trial (within the meaning of
  subsection (11A) or (11B) of section 22 of the Prosecution of
  Offences Act 1985), including, in the case of proceedings in the
  Crown Court, a preparatory hearing held under—

  (a)

  15section 7 of the Criminal Justice Act 1987 (cases of
  serious or complex fraud), or

  (b)

  section 29 of the Criminal Procedure and Investigations
  Act 1996 (other serious, complex or lengthy cases),

• “relevant youth offending team” means the youth offending team
  20(established under section 39 of the Crime and Disorder Act
  1998) whose functions are exercisable in relation to the
  defendant concerned,

• “sentencing hearing” means any hearing following conviction for
  an offence which is held for the purpose of—

  (a)

  25proceedings (in a magistrates’ court) relating to
  committal to the Crown Court for sentencing,

  (b)

  sentencing the offender or determining how the court
  should deal with the offender in respect of the offence
  (including reviewing, amending or revoking such a
  30sentence or determination), or

  (c)

  determining—

  (i)

  how the offender has complied with a sentence
  given in respect of the offence, or

  (ii)

  how the offender should be dealt with in respect
  35of compliance with such a sentence,

  and here “sentence” includes any way in which a court
  has determined that the offender should be dealt with in
  respect of the offence,”;

(b)after subsection (1) insert—

“(1A)40In this Part, reference to taking part in proceedings means
taking part in whatever capacity, including hearing the
proceedings as a member of the court.

(1B)In the application of this Part in relation to a witness, a
reference to taking part in proceedings includes attending
45those proceedings for a purpose preliminary or incidental to
the giving of evidence.”;

(c)omit subsections (2) and (3);

(d)for subsection (4) substitute—

“(4)The following matters are to be disregarded for the purposes
of the definitions of “live audio link” and “live video link” in
subsection (1)—

(a)5the extent (if any) to which a person is unable to see or
hear by reason of any impairment of eyesight or
hearing;

(b)the effect of any direction or order which provides for
one person taking part in proceedings to be prevented
10by means of a screen or other arrangement from
seeing another person taking part in the
proceedings.”

Extradition Act 2003

2(1)The Extradition Act 2003 is amended as follows.

(2)15In section 206A—

(a)in the heading, omit “certain”;

(b)in subsection (1)—

(i)in paragraph (a), omit the words from “other” to “56,”;

(ii)in paragraph (b), omit the words from “, other” to the end;

(c)20in subsection (2)—

(i)for the words from “the person” to “during the hearing,”
substitute “it is in the interests of justice to do so,”;

(ii)omit “at any time before the hearing”;

(d)for subsection (3) substitute—

“(3)25A live link direction is a direction requiring a person to take
part in the hearing (in whatever capacity) through a live
link.”;

(e)omit subsection (5);

(f)for subsection (6) substitute—

“(6)30A person who takes part in the hearing through a live link is
to be treated as present in court for the purposes of the
hearing.”

(3)In section 206C—

(a)omit subsections (4) and (5);

(b)35in subsection (6)—

(i)in the opening words, for “, while absent from the place
where the hearing is being held,” substitute “(P)”,

(ii)in paragraph (a), for the words from “the appropriate” to the
end substitute “all other persons taking part in the hearing
40who are not in the same location as P, and”;
in paragraph (b), for the words from “the judge” to the end
substitute “all other persons taking part in the hearing who
are not in the same location as P.”;

(iv)omit the words after paragraph (b);