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

Part 10 continued    

(a)Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than 4 days.

342L Serious violence reduction orders: interpretation

In this Chapter—

• 5“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));

• “harm” includes physical and psychological harm;

• 10“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
  has access, on payment or otherwise, as of right or by
  15virtue 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,
  means the offender in respect of whom the order or the
  20application 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
reduction order);”.

(3)25In 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
orders);”.

164 30Serious violence reduction orders: piloting

(1)The Secretary of State may exercise the power in section 209(1) so as to bring
section 163 into force—

(a)for all purposes, and

(b)in relation to the whole of England and Wales,

35only if the conditions in subsections (2) to (4) are met.

(2)The condition in this subsection is that regulations under section 209(1) have
brought section 163 into force only—

(a)for one or more specified purposes, or

(b)in relation to one or more specified areas.

(3)40The 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 163)—

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

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

(4)The condition in this subsection is that the Secretary of State has laid before
Parliament a response addressing any issues identified in the report produced
under subsection (3).

(5)A statutory instrument containing regulations under section 209(1) for the
5purposes mentioned in subsection (1) may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
Parliament.

(6)Before making the report under subsection (3), the Secretary of State must
obtain, record and publish all reasonably available data, which is relevant to
10the effect of the operation of Chapter 1A of Part 11 of the Sentencing Code
(inserted by section 163) under subsection (2) over a period of no less than 12
months, including—

(a)its impact on the extent to which knives or weapons are carried;

(b)its impact on the rate of serious violence;

(c)15the age, race, and sex (within the meaning of section 5, 9 and 11 of the
Equality Act 2010) of each person—

(i)in respect of whom an application is made under section
342A(1)(b) of the Sentencing Code;

(ii)in respect of whom a serious violence reduction order is made
20by a court;

(iii)in respect of whom an application is made under section
342A(1) of the Sentencing Code and the court has adjourned
proceedings pursuant to section 342A(8A) or (8B);

(iv)in respect of whom action is taken pursuant to section 342C,
25342E, 342F, or 342H of the Sentencing Code; and

(v)who is convicted of an offence within section 342G of the
Sentencing Code;

(d)any action which was taken pursuant to sections 342C, 342E, 342F, or
342H of the Sentencing Code, by reference to the age, race and sex of the
30offender;

(e)the nature of, and reasons recorded for, any such action;

(f)any complaint arising from the exercise of powers under section 342E
of the Sentencing Code, the nature and outcome of that complaint, and
the age, race and sex of the person who made it;

(g)35the offence within section 342G of the Sentencing Code for which any
person was convicted and the sentence imposed, by reference to the
age, race and sex of that person;

(h)for each serious violence reduction order made—

(i)the offence identified under section 342A(1)(a) of the
40Sentencing Code;

(ii)whether the order was imposed under subsection 342A(3)(a),
(3)(b), (4)(a) or (4)(b) of the Sentencing Code; and

(iii)if the order was imposed under subsection 342A(4)(a) or (4)(b),
whether the order was made on the basis that the offender knew
45that a bladed article or offensive weapon was used by another
person; or whether the offender ought to have known that this
would be the case;

(i)whether that operation of Chapter 1A of the Sentencing Code had a
discriminatory, disproportionate or other adverse impact on people
50sharing the protected characteristic of age, race or sex;

(j)the number of survivors and victims of domestic abuse, including
women who have experienced or are experiencing criminal
exploitation, coercive control, or other forms of abuse, who are given
such orders, broken down by ethnicity, age, and policing borough.

(7)5The report under subsection (3) must include—

(a)an analysis of the effect described in subsection (6), by reference to the
data identified in subsection (6);

(b)an equality impact assessment of the operation of Chapter 1A of the
Sentencing Code as described in subsection (6);

(c)10a description of any guidance or codes of practice, to which the
operation of Chapter 1A described in subsection (6) was subject;

(d)analysis of data assessing the extent to which the pilot has reduced
serious violent crime and reoffending by comparison with other areas;

(e)analysis of what evidence is relied on to justify the imposition of serious
15violence reduction orders, and whether there is any bias in the decision-
making process;

(f)analysis of information on the reason for each breach of a serious
violence reduction order, any defence pleaded, and the result of the
breach proceedings;

(g)20analysis of any impacts, including equalities impacts, of other positive
requirements or conditions imposed on individuals pursuant to section
342C(1) of the Sentencing Code;

(h)analysis of any impacts, including equalities impacts, of adjournment
of proceedings on individuals where the court adjourns proceedings
25under section 342A(8A) or (8B); and

(i)analysis of any impacts of serious violence reduction orders on
survivors and victims of domestic abuse, including women who have
experienced or are experiencing criminal exploitation, coercive control,
or other forms of abuse, who are given such orders.

(8)30Statistical information collected for the purposes of subsection (7) from
different pilot areas must be collected and presented in a form which enables
direct comparison between those areas.

(9)Regulations under section 209(1) which bring section 163 into force only for a
specified purpose or in relation to a specified area may—

(a)35provide for section 163 to be in force for that purpose or in relation to
that area for a specified period;

(b)make transitional or saving provision in connection with section 163
ceasing to be in force at the end of the specified period.

(10)Regulations containing provision by virtue of subsection (9)(a) may be
40amended by subsequent regulations under 209(1) so as to continue section 163
in force—

(a)for the specified purpose, or

(b)in relation to the specified area,

for a further specified period.

(11)45Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as
applied by section 207, to the coming into force of an amendment is to be read
as including a reference to the continuing in force of an amendment by reason
of subsection (10).

(12)In this section “specified” means specified in regulations under section 209(1).

Chapter 2 Knife crime prevention orders

165 Knife crime prevention order on conviction: adjournment of proceedings

(1)In section 19 of the Offensive Weapons Act 2019 (knife crime prevention orders
5made on conviction), after subsection (9) insert—

“(9A)The court may adjourn any proceedings on an application for a knife
crime prevention order even after sentencing the defendant.

(9B)If the defendant does not appear for any adjourned proceedings the
court may—

(a)10further adjourn the proceedings,

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

(c)hear the proceedings in the defendant’s absence.

(9C)The court may not act under subsection (9B)(b) unless it is satisfied that
the defendant has had adequate notice of the time and place of the
15adjourned proceedings.

(9D)The court may not act under subsection (9B)(c) unless it is satisfied that
the defendant—

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

(b)20has been informed that if the defendant does not appear for
those proceedings the court may hear the proceedings in the
defendant’s absence.”

(2)Regulations under section 209(1) which bring subsection (1) into force only for
a specified purpose or in relation to a specified area may—

(a)25provide for that provision to be in force for that purpose or in relation
to that area for a specified period;

(b)make transitional or saving provision in relation to that provision
ceasing to be in force at the end of the specified period.

(3)Regulations containing provision by virtue of subsection (2)(a) may be
30amended by subsequent regulations under section 209(1) so as to continue
subsection (1) in force for the specified purpose or in relation to the specified
area for a further specified period.

(4)In this section “specified” means specified in regulations under section 209(1).

Chapter 3 35Management of sex offenders

Notification requirements

166 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)attending 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
5one such police station, at any one of them, and”.

(3)After subsection (2) insert—

“(2A)The chief officer of police for each police area must publish, in such
manner as the chief officer thinks fit, a document containing the name
and address of each police station in that area at which a person may
10give a notification under section 83(1), 84(1) or 85(1).

(2B)A chief officer of police must keep under review a document published
by the chief officer under this section and may from time to time
publish a revised version of the document in such manner as the chief
officer thinks fit.”

167 15Offences outside the United Kingdom: notification requirements

(1)The Sexual Offences Act 2003 is amended as follows.

(2)After section 96 insert—

“Offences outside the United Kingdom: notification requirements

96ZA Offences outside the United Kingdom: notification requirements

(1)20Where this section applies to a person (“P”), P is subject to the
notification requirements of this Part for the notification period set out
in section 82.

This is subject to sections 96ZB (young offenders: parental notices) and
96ZC (modifications of notification requirements).

(2)25This section applies to P if P has been given a notice under subsection
(3) and that notice has not been cancelled.

(3)A constable may give a notice to P if—

(a)the conditions in subsections (6), (7) and (8) are met in respect of
P, and

(b)30an officer of at least the rank of inspector has authorised the
giving of the notice to P.

(4)A notice given to P under subsection (3) must be given to P in person
and must contain details of—

(a)the notifications that P is required to give under this Part,

(b)35when those notifications must be given, and

(c)where those notifications may be given.

(5)A notice given under subsection (3) may be cancelled by a constable
giving notice in writing to P in person but such a cancellation must be
authorised by an officer of at least the rank of inspector.

(6)40The first condition is that under the law in force in a country outside the
United Kingdom—

(a)P has been convicted of a relevant offence (whether or not P has
been punished for it),

(b)a court exercising jurisdiction under that law has made in
respect of a relevant offence a finding equivalent to a finding
that P is not guilty by reason of insanity,

(c)such a court has made in respect of a relevant offence a finding
5equivalent to a finding that P is under a disability and did the
act charged against P in respect of the offence, or

(d)P has been cautioned in respect of a relevant offence.

(7)The second condition is that—

(a)the first condition is met because of a conviction, finding or
10caution which occurred on or after 1 September 1997,

(b)the first condition is met because of a conviction or finding
which occurred before that date, but P was dealt with in respect
of the offence or finding on or after that date, or has yet to be
dealt with in respect of it, or

(c)15the first condition is met because of a conviction or finding
which occurred before that date, but on that date P was, in
respect of the offence or finding, subject under the law in force
in the country concerned to detention, supervision or any other
disposal equivalent to any of those mentioned in section 81(3)
20(read with sections 81(6) and 131).

(8)The third condition is that the period set out in section 82 (as it would
have effect as modified by section 96ZC(2) and (3) if this section applied
to P) in respect of the relevant offence has not expired.

(9)In this section and section 96ZC “relevant offence” means an act
25which—

(a)constituted an offence under the law in force in the country
concerned, and

(b)would have constituted an offence listed in Schedule 3 (other
than at paragraph 60) if it had been done in any part of the
30United Kingdom.

(10)For the purposes of subsection (9)(a), an act punishable under the law
in force in a country outside the United Kingdom constitutes an offence
under that law however it is described in that law.

96ZB Young offenders: parental notices

(1)35Where the person (“P”) given a notice under section 96ZA is under 18 a
constable may also give a notice (a “parental notice”) to a person (“the
parent”) with parental responsibility for P.

(2)Subsections (3)(b) to (5) of section 96ZA apply to the giving of a
parental notice as if references to P were references to the parent.

(3)40If a parental notice has been given to the parent and has not been
cancelled or ceased to have effect—

(a)the obligations that would (apart from this subsection) be
imposed by virtue of section 96ZA on P are to be treated instead
as obligations on the parent, and

(b)45the parent must ensure that P attends with them at the police
station when a notification under this Part is being given.

(4)The parental notice ceases to have effect when P reaches the age of 18.

(5)If a parental notice is to be given, section 96ZA(4)(a) has effect in
relation to the notice given to P as if the reference to the notifications
that P is required to give under this Part were a reference to—

(a)the notifications that the parent is required to give under this
5Part, and

(b)the notifications (if any) that P is required to give under this Part
once the parental notice ceases to have effect.

96ZC Modifications of notification requirements

(1)The application of this Part to a person (“P”) to whom section 96ZA
10applies in respect of a conviction, finding or caution is subject to the
modifications set out in this section.

(2)References to the “relevant date”—

(a)in a case where P is within section 96ZA(6)(a), are to the date of
the conviction,

(b)15in a case where P is within section 96ZA(6)(b) or (c), are to the
date of the finding, and

(c)in a case where P is within section 96ZA(6)(d), are to the date of
the caution.

(3)In section 82—

(a)20references, except in the Table, to a person (or relevant offender)
within any provision of section 80 are to be read as references to
P;

(b)the reference in the Table to section 80(1)(d) is to be read as a
reference to section 96ZA(6)(d);

(c)25references to an order of any description are to be read as
references to any corresponding disposal made in relation to P
in respect of an offence or finding by reference to which a notice
has been given to P under section 96ZA;

(d)the reference to offences listed in Schedule 3 is to be read as a
30reference to relevant offences (see section 96ZA(9)).

(4)Section 83 has effect as if after subsection (1) there were inserted—

“(1A)In the case of a relevant offender who is subject to the
notification requirements of this Part by virtue of a notice being
given to the relevant offender under section 96ZA, the reference
35in subsection (1) to the period of 3 days beginning with the
relevant date (or if later the commencement of this Part) is to be
read as a reference to the period of 3 days beginning with the
day on which the notice was given to the relevant offender.”

(5)Section 83(4) has effect as if—

(a)40for the words “Where a notification order is made” there were
substituted “Where a relevant offender is subject to the
notification requirements of this Part by virtue of a notice given
under section 96ZA”, and

(b)in paragraph (a) for the words “the order was made” there were
45substituted “the notice was given to the relevant offender”.

96ZD Appeal against the issue of a notice under section 96ZA or 96ZB

(1)A person (“P”) may appeal to a magistrates’ court against the decision
to give them a notice under section 96ZA.

(2)The grounds for bringing an appeal under subsection (1) include—

(a)5that one or more of the conditions for the giving of the notice
were not met in respect of P at the time the notice was given;

(b)that the conviction, finding or caution by reason of which P was
given the notice falls within subsection (3).

(3)A conviction, finding or caution falls within this subsection if—

(a)10any investigations or proceedings leading to it were conducted
in a way which contravened any of the Convention rights
(within the meaning of section 1 of the Human Rights Act 1998)
which P would have had if those investigations or proceedings
had taken place in the United Kingdom, and

(b)15that contravention was such that the conviction, finding or
caution cannot be safely relied on for the purposes of meeting
the condition in section 96ZA(6).

(4)A person (“the parent”) may appeal to a magistrates’ court against the
decision to give them a parental notice under section 96ZB.

(5)20The grounds for bringing an appeal under subsection (4) include—

(a)that one or more of the conditions for the giving of a notice
under section 96ZA to the person (“P”) for whom the parent has
parental responsibility were not met in respect of P at the time
the notice under section 96ZA was given;

(b)25that the conviction, finding or caution by reason of which P was
given a notice under section 96ZA falls within subsection (3);

(c)that one or more of the requirements for giving the parent a
parental notice under section 96ZB were not met at the time the
parental notice was given.

(6)30On an appeal under subsection (1) or (4) a magistrates’ court may
cancel or confirm the notice which is the subject of the appeal.”

(3)In section 91(1)(a) (offences relating to notification) for “or 89(2)(b)” substitute
“, 89(2)(b) or 96ZB(3)(b)”.

(4)In section 91A(3) (review of indefinite notification requirements) for paragraph
35(c) substitute—

“(c)a notice given under section 96ZA.”

(5)Omit sections 97 to 103 (notification orders) and section 103G(6) and (7)
(notification order made on application for sexual harm prevention order or
interim sexual harm prevention order).

(6)40In section 133(1) (general interpretation), in the definition of “relevant date” for
“98, 100” substitute “, 96ZC”.

(7)Subsection (5) does not affect—

(a)the validity or effect of any order made under section 97 or 100 of the
Sexual Offences Act 2003 before the coming into force of this section or
45the application of Part 2 of that Act to any person in respect of whom
such an order was so made;

(b)in respect of an application made under section 97(1) or section 100(2)
of that Act before the coming into force of this section—

(i)the determination of such an application, or

(ii)the validity and effect of any order made on such an application
5or the application of Part 2 of that Act to any person in respect
of whom such an order was so made.

(8)The amendments made by subsections (4) and (6) do not apply in respect of
any order to which, or any person to whom, subsection (7) applies.

168 Notification orders: Scotland

(1)10The Sexual Offences Act 2003 is amended as follows.

(2)In section 97 (notification orders: applications and grounds)—

(a)in subsection (1), in the words before paragraph (a)—

(i)for the words from “A chief officer of police” to “police area”
substitute “The chief constable of the Police Service of Scotland
15(“the chief constable”) may by application to any sheriff”, and

(ii)omit “(“the defendant”)”,

(b)in subsection (1)(a)—

(i)for “him” substitute “the chief constable”, and

(ii)for “defendant” substitute “person”,

(c)20in subsection (1)(b)—

(i)for “defendant”, in both places it occurs, substitute “person”,

(ii)for “his police area”, in both places it occurs, substitute
“Scotland”, and

(iii)for “chief officer” substitute “chief constable”,

(d)25in subsection (2)—

(i)for “he”, in each place it occurs, substitute “the person”, and

(ii)in paragraph (c), for “him” substitute “the person”,

(e)in subsection (5) for “court” substitute “sheriff”, and

(f)after subsection (5) insert—

“(5A)30A record of evidence must be kept on any application for an
order under this section.

(5B)The clerk of the court by which a notification order under this
section is made must cause a copy of the order as so made to
be—

(a)35given to the person named in the order,

(b)sent to the person by registered post, or

(c)sent to the person by the recorded delivery service,

and where a copy of the order is so sent to the person, an
acknowledgement or certificate of delivery issued by the Post
40Office is sufficient evidence of the delivery of the copy on the
day specified in the acknowledgement or certificate.”

(3)In section 98 (notification orders: effect)—

(a)in subsections (1)(a) and (3)(a) and (c) for “defendant” substitute
“person in respect of whom the order has effect”, and

(b)45in subsection (1)(b) for “defendant” substitute “person”.

(4)In section 99 (sections 97 and 98: relevant offences), in subsections (3) and (4),
for “defendant” substitute “person in respect of whom the order is sought”.

(5)In section 100 (interim notification orders)—

(a)in subsection (2)—

(i)5in paragraph (a), omit “the complaint containing”, and

(ii)in paragraph (b), for “by complaint to the court to which that
application has been made” substitute “by further application
to the sheriff to whom the main application has been made”,

(b)in subsection (5)—

(i)10in paragraph (a), for “defendant” substitute “person in respect
of whom the order has effect”, and

(ii)in paragraph (b), for “defendant” substitute “person”,

(c)in subsection (7)—

(i)for “defendant” substitute “person in respect of whom the order
15has effect”, and

(ii)for “complaint” substitute “application”, and

(d)after subsection (7) insert—

“(7A)A record of evidence must be kept on any application for an
order under this section.

(7B)20The clerk of the court by which an interim notification order is
made, varied, renewed or discharged under this section must
cause a copy of, as the case may be—

(a)the order as so made, varied or renewed, or

(b)the interlocutor by which discharge is effected,

25to be given to the person named in the order or to be sent to the
person in accordance with subsection (7C).

(7C)A copy of the order may be sent to the person named in the
order—

(a)by registered post, or

(b)30by the recorded delivery service,

and where a copy of the order is so sent to the person, an
acknowledgement or certificate of delivery issued by the Post
Office is sufficient evidence of the delivery of the copy on the
day specified in the acknowledgement or certificate.”

(6)35Omit sections 101 (notification orders and interim notification orders: appeals
in England and Wales) and 103 (sections 97 to 100: Scotland).

Sexual harm prevention orders and sexual risk orders

169 Applications by British Transport Police and Ministry of Defence Police

(1)The Sexual Offences Act 2003 is amended as follows.

(2)40Section 103A (sexual harm prevention orders: applications and grounds) is
amended in accordance with subsections (3) to (6).

(3)In subsection (4), for the words before paragraph (a) substitute “A person
mentioned in subsection (4A) (“the applicant”) may by complaint to a