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

Police, Crime, Sentencing and Courts BillPage 40

section 1 of the Criminal Damage Act 1971), in the first column, for the words
from “any offence” to the end substitute “—

(a)any offence committed by destroying or damaging property by
fire, and

(b)5any offence committed by destroying or damaging a memorial
(see section 22(11A) to (11D)).”

(2)In section 22 of that Act, after subsection (11) insert—

(11A)In paragraph 1 of Schedule 2 “memorial” means—

(a)a building or other structure, or any other thing, erected or
10installed on land (or in or on any building or other structure on
land), or

(b)a garden or any other thing planted or grown on land,

which has a commemorative purpose.

(11B)For the purposes of that paragraph, any moveable thing (such as a
15bunch of flowers) which—

(a)is left in, on or at a memorial within the meaning of subsection
(11A), and

(b)has (or can reasonably be assumed to have) a commemorative
purpose,

20 is also to be regarded as a memorial.

(11C)For the purposes of subsections (11A) and (11B)

(a)references to a building or a structure include a reference to part
of a building or part of a structure (as the case may be), and

(b)something has a commemorative purpose if at least one of its
25purposes is to commemorate—

(i)one or more individuals or animals (or a particular
description of individuals or animals), or

(ii)an event or a series of events (such as an armed conflict).

(11D)It is immaterial for the purposes of subsection (11C)(b)(i) whether or
30not any individuals or animals concerned are or were (at any material
time)—

(a)living or deceased, or

(b)capable of being identified.”

(3)The amendments made by this section do not apply in relation to offences
35committed before it comes into force.

Overseas production orders

48 Overseas production orders

Schedule 5 contains amendments to the Crime (Overseas Production Orders)
Act 2019.

Police, Crime, Sentencing and Courts BillPage 41

Amendments to the Police and Criminal Evidence Act 1984

49 Power to photograph certain persons at a police station

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

(2)In section 64A (photographing of suspects etc.), after subsection (1B) insert—

(1C)5A person to whom subsection (1) or (1A) does not apply may be
photographed at a police station without the appropriate consent if that
person falls within subsection (1D), (1F) or (1H).

(1D)A person falls within this subsection if (before or after the coming into
force of this subsection) that person has been—

(a)10arrested for a recordable offence and released,

(b)charged with a recordable offence, or

(c)informed that they will be reported for such an offence,

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

(1E)15The conditions referred to in subsection (1D) are—

(a)that the person has not been photographed in the course of the
investigation of the offence by the police, or

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

(i)any photograph taken on such a previous occasion is
20unavailable or inadequate, and

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

(1F)A person falls within this subsection if (before or after the coming into
25force of this subsection) that person has been—

(a)convicted of a recordable offence, or

(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
30person.

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

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

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

(i)35any photograph taken on such a previous occasion is
unavailable or inadequate, and

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

(1H)40A person falls within this subsection if—

(a)under 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),

Police, Crime, Sentencing and Courts BillPage 42

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

(c)5either of the conditions in subsection (1I) is met in relation to
that person.

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

(a)that the person has not been photographed on a previous
occasion by virtue of being a person falling within subsection
10(1H), or

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

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

(ii)a constable considers that taking a further photograph is
15necessary to assist in the prevention or detection of
crime.

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

(1K)20An 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)In subsections (1E), (1G) and (1I)—

(a)references to a photograph being unavailable include references
25to a photograph being lost or destroyed, and

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

(i)unclear,

(ii)an incomplete photograph of the subject, or

(iii)30no longer an accurate representation of the subject’s
appearance.

(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
35law of a part of the United Kingdom or of a country or territory
outside 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)40Schedule 2A (fingerprinting and samples: power to require attendance at
police station) is amended in accordance with subsections (4) to (8).

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

Police, Crime, Sentencing and Courts BillPage 43

(5)After Part 3 insert—

“Part 3A Photographs
Persons arrested and released

14A(1)5A 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)The power under sub-paragraph (1) may not be exercised in a case
where section 64A(1E)(b) applies (photograph taken on a previous
10occasion unavailable or inadequate) 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)In sub-paragraph (2) the “appropriate officer” means the officer
investigating the offence for which the person was arrested.

15Persons 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
section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised after the
20end 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
or informed that they would be reported, or

(b)in a case where section 64A(1E)(b) applies (photograph taken
25on a previous occasion unavailable or inadequate), the day
on which the appropriate officer was informed that section
64A(1E)(b)(i) applied.

(3)In sub-paragraph (2)(b) the “appropriate officer” means the officer
investigating the offence for which the person was charged or
30informed that they would be reported.

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
35taken), 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
40occasion unavailable or inadequate), the power under sub-
paragraph (1) may not be exercised after the end of the period of two
years beginning with—

Police, Crime, Sentencing and Courts BillPage 44

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

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

(4)In sub-paragraph (3)(a), “appropriate officer” means an officer of the
5police 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
of the conviction or caution).

Persons convicted of an offence etc. outside England and Wales

14D10A 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)Where a photograph is taken of a person under section 64A on two
occasions in relation to any offence, the person may not under this
15Schedule 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
inspector.

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

(a)20the fact of the authorisation, and

(b)the reasons for giving it,

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

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

(7)25In 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
photograph”.

(8)In paragraph 16(2) (date and time of attendance), for “or sample” substitute “,
30sample or photograph”.

50 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)35For 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
40specified time on that date or direct the person to attend the
police station between specified times on that date.”

Police, Crime, Sentencing and Courts BillPage 45

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

Search for material relating to human remains

51 10Entry 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
the peace is satisfied that the following conditions are met.

(2)15The first condition is that there are reasonable grounds for believing that there
is material on the premises mentioned in subsection (5) 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
material does not consist of or include—

(a)20items 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
relation to each set of premises specified in the application—

(a)25that 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
person entitled to grant access to the material,

(c)30that entry to the premises will not be granted unless a warrant is
produced, or

(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)35The premises referred to in subsection (2) are—

(a)one 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
40which case the application is for an “all premises warrant”).

(6)If 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

Police, Crime, Sentencing and Courts BillPage 46

are not specified in the application in order to find the material referred
to 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
5to be searched.

(7)The warrant may authorise entry to and search of premises on more than one
occasion 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)10If the warrant authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

(9)A constable may—

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

(b)15if necessary, use reasonable force in the exercise of a power conferred
by a warrant issued under this section.

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

(11)In this section, section 52 and Schedule 6 “relevant human remains” means the
20body or any other human remains of—

(a)a person who the constable making the application reasonably believes
to 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)25a 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)a 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 52 and Schedule 6 the following expressions have the
30same meaning as in the Police and Criminal Evidence Act 1984—

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

(b)“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).

52 35Special 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)Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes
40provision 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
magistrates’ court under the Magistrates’ Courts Act 1980.

Police, Crime, Sentencing and Courts BillPage 47

53 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

73U5Each of the powers of seizure conferred by section 51(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

54 10Functions 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)15the 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)20Subsection (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
    25meaning 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).

(7)After subsection (4) insert—

(4A)30Subsections (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
prisoners 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)35any order of the Crown Court under section 142 of the Powers
of Criminal Courts (Sentencing) Act 2000 in relation to the
prisoner, or

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

(4C)40The fact that the prisoner custody officer is exercising, or may exercise,
functions under section 80(1)(ba) in relation to the prisoner does not

Police, Crime, Sentencing and Courts BillPage 48

prevent a constable from exercising any powers in relation to the
prisoner that are otherwise available to the constable.”

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

Proceeds of crime

55 5Proceeds of crime: account freezing orders

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

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

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

  • 10““relevant financial institution” means—

    (a)

    a bank,

    (b)

    a building society,

    (c)

    an electronic money institution, or

    (d)

    a payment institution.”

(2)15In section 316(1) of that Act (general interpretation), in the definition of
“relevant financial institution”, after “303Z1” insert “(6)”.

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

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

(b)20omit subsection (3).

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

Part 3 Public order

25Public processions and public assemblies

56 Imposing conditions on public processions

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

(2)In subsection (1)—

(a)30for 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
may result in serious disruption to the activities of an
organisation which are carried on in the vicinity of the
35procession,

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

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

(ii)40that impact may be significant, or”, and

Police, Crime, Sentencing and Courts BillPage 49

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

(3)After subsection (2) insert—

(2A)For the purposes of subsection (1)(ab)(i), the noise generated by
5persons 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
reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

(b)10it 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 a public procession may have
a significant impact on persons in the vicinity of the procession, the
15senior 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)the likely duration of that impact on such persons, and

(c)20the 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
meaning for the purposes of this section of—

(a)serious disruption to the activities of an organisation which are
25carried 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)define any aspect of an expression mentioned in subsection
(12)(a) or (b) for the purposes of this section;

(b)30give 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
which are carried on in the vicinity of the procession, or

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

(14)35Regulations under subsection (12)—

(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,
40transitional, 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.”