Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 9 continued    

(2)The Secretary of State or the manager of the home may temporarily release a
person to whom this section applies.

(3)A temporary release under this section may be granted subject to conditions.

(4)A person who is temporarily released under this section may be recalled at any
5time by the Secretary of State or the manager of the home (irrespective of which
of those granted the release).

(5)A manager of a secure children’s home must have regard to any guidance
issued by the Secretary of State about the use of powers of temporary release
under this section.

(6)10In this section—

• “detention and training order” has the same meaning as in the Sentencing
  Code (see section 233 of that Code) and includes an order made under
  section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or
  section 211 of the Armed Forces Act 2006;

• 15“further detention order” has the same meaning as in Schedule 12 to the
  Sentencing Code (see paragraph 1 of that Schedule) and includes an
  order made under section 104(3) of the Powers of Criminal Courts
  (Sentencing) Act 2000 and a further detention order made by virtue of
  section 213 of the Armed Forces Act 2006;

• 20“secure children’s home”—

  (a)

  in relation to England, means a children’s home, within the
  meaning of section 1 of the Care Standards Act 2000, which
  provides accommodation for the purposes of restricting liberty;

  (b)

  in relation to Wales, means residential premises which provide
  25a secure accommodation service within the meaning of Part 1 of
  the Regulation and Inspection of Social Care (Wales) Act 2016
  (anaw 2);

• “manager”—

  (a)

  in relation to a secure children’s home in England, means the
  30person who is registered under Part 2 of the Care Standards Act
  2000 as the manager of the home or, in a case where no such
  person is registered, the person who is registered under that
  Part as the person who carries on the home;

  (b)

  in relation to a secure children’s home in Wales, means the
  35person who is designated as the responsible individual in
  respect of the home for the purposes of Part 1 of the Regulation
  and Inspection of Social Care (Wales) Act 2016.

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

“(4ZA)40For the purposes of this section a person who, after being temporarily
released in pursuance of section 161 of the Police, Crime, Sentencing
and Courts Act 2022 (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
45unlawfully at large if the period for which they were temporarily
released has expired or if they have been recalled under that section.”

162 Secure 16 to 19 Academies

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

insert—

“(4)A 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
5the purpose of restricting liberty.

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

(8)10A local authority may establish and maintain 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)The setting up, establishment and running of a secure 16 to 19 Academy
15is 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)the Charities Act 2011, and

(c)20any 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
be regarded as analogous to, or within the spirit of, a purpose falling
25within 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)In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—

(a)30in 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)35a secure 16 to 19 Academy (see section 1B(4) to
(7) of the Academies Act 2010);”;

(b)in regulation 3 (excepted establishments)—

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

(ii)40omit paragraph (1A).

Part 10 Management of offenders

Chapter 1 Serious violence reduction orders

163 5Serious violence reduction orders

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

“Chapter 1A Serious violence reduction orders

342A Power to make serious violence reduction order

(1)10This 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
day, and

(b)the prosecution makes an application to the court for a serious
15violence 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)the condition in subsection (3) or (4) is met, and

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

(3)20The 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
in the commission of the offence, or

(b)the offender had a bladed article or offensive weapon with them
25when the offence was committed.

(4)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 another
person in the commission of the offence and the offender knew
30or 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
committed and the offender knew or ought to have known that
this would be the case.

(5)35The 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
involving a bladed article or offensive weapon,

(b)40protect 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)The court may make a serious violence reduction order in respect of the
offender only if it—

(a)5does so in addition to dealing with the offender for the offence,
and

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

(7)For the purpose of deciding whether to make a serious violence
10reduction 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
the proceedings in which the offender was convicted.

(9)The court may adjourn any proceedings on an application for a serious
15violence reduction order even after sentencing the offender.

(10)If the offender does not appear for any adjourned proceedings the court
may—

(a)further adjourn the proceedings,

(b)issue a warrant for the offender’s arrest, or

(c)20hear the proceedings in the offender’s absence.

(11)The court may not act under subsection (10)(b) unless it is satisfied that
the offender has had adequate notice of the time and place of the
adjourned proceedings.

(12)The court may not act under subsection (10)(c) unless it is satisfied that
25the offender—

(a)has had adequate notice of the time and place of the adjourned
proceedings, and

(b)has been informed that if the offender does not appear for those
proceedings the court may hear the proceedings in the
30offender’s absence.

(13)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
35section 342E while the order is in effect.

(14)In subsection (1)(a) “the first appointed day” means the first day
appointed by regulations under section 209(1) of the Police, Crime,
Sentencing and Courts Act 2022 for the coming into force to any extent
of section 163 of that Act.

(15)40In 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)45the 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
5(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
10day, 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
15subsection (5) to the police within the period of 3 days beginning with
the 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)20decides to live for a period of one month or more at any
premises 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
25previously been notified,

(b)in 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
30a notification of the kind mentioned in subsection (2) or (4) by—

(a)attending 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)35The Secretary of State may make regulations under subsection (1)(b)
only if—

(a)the Secretary of State has laid a report before Parliament under
section 164(3) of the Police, Crime, Sentencing and Courts Act
2022 (report to be laid after piloting of serious violence
40reduction orders), and

(b)the 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
45resolution procedure.

(9)In 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
offender may select.

342C 5Serious 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
subsection (2) is met.

(2)10The 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
15State has laid a report before Parliament under section 164(3) of the
Police, Crime, Sentencing and Courts Act 2022 (report to be laid after
piloting of serious violence reduction orders).

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

342D 20 Duration of serious violence reduction orders

(1)A 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
25not more than 2 years.

(3)Subsection (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)30a custodial sentence has been imposed on the offender or the
offender 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
35offender is already subject to such an order, the earlier order ceases to
have effect.

342E Serious violence reduction orders: powers of constables

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

(2)40A constable may search the offender for the purpose of ascertaining
whether 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
the 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
5in a public place.

(6)A constable may use reasonable force, if necessary, for the purpose of
exercising 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
10other 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)15The 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)20Regulations 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)25fails 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,
30any 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.

35A 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)40In 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)If 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)5A person within subsection (2) may apply to the appropriate court for
an order varying, renewing or discharging a serious violence reduction
order.

(2)Those persons are—

(a)the offender;

(b)10the chief officer of police for the police area in which the
offender 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)15a chief officer of police who believes that the offender is in, or is
intending 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)20Paragraph (e) 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
25section 67 of the Transport and Works Act 1992 or a tramway
within 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
30must hear—

(a)the 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
35violence reduction order as it thinks appropriate.

(7)The 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
40involving a bladed article or offensive weapon,

(b)to 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)45On making an order under this section varying or renewing a serious
violence 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
section 342E while the serious violence reduction order is in
5effect.

(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)where a magistrates’ court made the serious violence reduction
10order 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)15where a magistrates’ court made the serious violence reduction
order and the application is made by a chief officer of police—

(i)that magistrates’ court,

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

(iii)20a magistrates’ court acting for a local justice area that
includes any part of the chief officer’s police area.

342I 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
25on the offender for an offence.

(2)Where an application is made under section 342H for an order varying,
renewing 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)30the offender may appeal against the making of an order under
that section which was made on the application of a chief officer
of police or the chief constable of the British Transport Police
Force;

(c)a chief officer of police within subsection (2) of that section may
35appeal against the making of an order under that section which
was made on the application of the offender;

(d)where 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
40may appeal against the making of an order under that section
which was made on the application of the offender.

(3)Paragraph (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
45(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
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)is 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
5make—

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

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

342J 10 Guidance

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

(a)constables,

(b)chief officers of police, and

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

15in relation to serious violence reduction orders.

(2)The guidance may in particular include—

(a)guidance about the exercise by constables, chief officers of
police and the chief constable of the British Transport Police
Force of their functions under this Chapter,

(b)20guidance about identifying offenders in respect of whom it may
be appropriate for applications for serious violence reduction
orders to be made, and

(c)guidance about providing assistance to prosecutors in
connection with applications for serious violence reduction
25orders.

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

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

(5)30A 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.

342K Guidance: Parliamentary procedure

(1)Before issuing guidance under section 342J, the Secretary of State must
35lay a draft of the guidance before Parliament.

(2)If, within the 40-day period, either House of Parliament resolves not to
approve the draft guidance, the guidance may not be issued.

(3)If no such resolution is made within that period, the Secretary of State
may issue the guidance.

(4)40In this section “the 40-day period”, in relation to draft guidance, means
the period of 40 days beginning with the day on which the draft is laid
before Parliament (or, if it is not laid before each House on the same
day, the later of the days on which it is laid).

(5)In calculating the 40-day period, no account is to be taken of any period
45during which—