Police, Crime, Sentencing and Courts Bill (HL Bill 95)
Contents page1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-279 280-289 290-299 300-309 310-319 320-328Last page
A
BILL
[AS AMENDED ON REPORT]
TO
Make provision about the police and other emergency workers; to make
provision about collaboration between authorities to prevent and reduce
serious violence; to make provision about offensive weapons homicide
reviews; to make provision for new offences and for the modification of
existing offences; to make provision about the powers of the police and other
authorities for the purposes of preventing, detecting, investigating or
prosecuting crime or investigating other matters; to make provision about the
maintenance of public order; to make provision about the removal, storage
and disposal of vehicles; to make provision in connection with driving
offences; to make provision about cautions; to make provision about bail and
remand; to make provision about sentencing, detention, release, management
and rehabilitation of offenders; to make provision about secure 16 to 19
Academies; to make provision for and in connection with procedures before
courts and tribunals; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1 Protection of the police etc
Police covenant report
1 Police covenant report
(1)5The Secretary of State must in each financial year—
(a)prepare a police covenant report, and
(b)lay a copy of the report before Parliament.
Police, Crime, Sentencing and Courts BillPage 2
(2)A police covenant report is a report about—
(a)the health and well-being of members and former members of the
police workforce,
(b)the physical protection of such persons,
(c)5the support required by members of their families, and
(d)any other matter in relation to members or former members of the
police workforce, or a particular description of such persons, that the
Secretary of State considers appropriate,
so far as these matters relate to the fact that the persons concerned are members
10or former members of the police workforce.
(3)In preparing a police covenant report the Secretary of State must have regard
in particular to—
(a)the obligations of and sacrifices made by members of the police
workforce, and
(b)15the principle that it is desirable to remove any disadvantage for
members or former members of the police workforce arising from their
membership or former membership.
(4)In preparing a police covenant report the Secretary of State must ensure that
the views of—
(a)20any relevant government department, and
(b)anyone else the Secretary of State considers appropriate,
are sought in relation to the matters to be covered by the report.
(5)A police covenant report must set out in full or summarise any views obtained
under subsection (4).
(6)25The Secretary of State may not include in a police covenant report a summary
under subsection (5) unless the person whose views are summarised has
approved the summary.
(7)A police covenant report must state whether, in the Secretary of State’s
opinion, in respect of any matter covered by the report, members or former
30members of the police workforce, or a particular description of such persons,
are at a disadvantage when compared with other persons or such descriptions
of other persons as the Secretary of State considers appropriate.
(8)Where the Secretary of State’s opinion is that there is any such disadvantage as
mentioned in subsection (7), the report must set out the Secretary of State’s
35response to that.
(9)In this section—
-
“financial year” means—
(a)the period which begins with the day on which this section
comes into force and ends with the following 31 March, and(b)40each successive period of 12 months;
-
“members of the police workforce” means—
(a)members of police forces in England and Wales,
(b)special constables appointed under section 27 of the Police Act
1996,(c)45staff appointed by the chief officer of police of a police force in
England and Wales,Police, Crime, Sentencing and Courts BillPage 3
(d)persons designated as community support volunteers or
policing support volunteers under section 38 of the Police
Reform Act 2002,(e)staff appointed by a local policing body if, or to the extent that,
5they are employed to assist a police force in England and Wales,(f)persons providing services, in pursuance of contractual
arrangements (but without being employed by the chief officer
of a police force in England and Wales or a local policing body),
to assist a police force in England and Wales in relation to the
10discharge of its chief officer’s functions,(g)constables of the British Transport Police Force,
(h)special constables of the British Transport Police Force
appointed under section 25 of the Railways and Transport
Safety Act 2003,(i)15employees of the British Transport Police Authority appointed
under section 27 of that Act and under the direction and control
of the chief constable of the British Transport Police Force,(j)persons designated as community support volunteers or
policing support volunteers under section 38 of the Police
20Reform Act 2002 as applied by section 28 of the Railways and
Transport Safety Act 2003,(k)members of the Civil Nuclear Constabulary,
(l)employees of the Civil Nuclear Police Authority employed
under paragraph 6 of Schedule 10 to the Energy Act 2004 if, or
25to the extent that, they are employed to assist the Civil Nuclear
Constabulary,(m)members of the Ministry of Defence Police and other persons
under the direction and control of the Chief Constable of the
Ministry of Defence Police, and(n)30National Crime Agency officers.
-
“former members of the police workforce” means persons who have
ceased to be members of the police workforce;
-
“relevant government department”, in relation to a matter to be covered
by a police covenant report, means a department of the Government of
35the United Kingdom (apart from the Home Office) which the Secretary
of State considers has functions relevant to that matter.
(10)The reference in subsection (2) to members of the families of members and
former members of the police workforce is a reference to such descriptions of
persons connected with members or former members of the police workforce
40as the Secretary of State considers should be covered by a police covenant
report.
Offences against emergency workers
2 Increase in penalty for assault on emergency worker
(1)In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence
45of common assault, or battery, committed against emergency worker), in
subsection (2)(b) (penalty for conviction on indictment), for “12 months”
substitute “2 years”.
Police, Crime, Sentencing and Courts BillPage 4
(2)Subsection (1) applies only in relation to offences committed on or after the day
on which this section comes into force.
3 Required life sentence for manslaughter of emergency worker
(1)The Sentencing Code is amended in accordance with subsections (2) to (15).
(2)5In section 177 (youth rehabilitation orders), in subsection (3)(b)(i), after “258”
insert “or 258A”.
(3)In section 221 (overview of Part 10), in subsection (2)(b), for “section 258”
substitute “sections 258 and 258A”.
(4)In section 249 (sentence of detention under section 250), in subsection (2)(a), for
10“section 258” substitute “sections 258 and 258A”.
(5)In section 255 (extended sentence of detention), in subsection (1)(d), after
“258(2)” insert “or 258A(2)”.
(6)After section 258 insert—
“258A
Required sentence of detention for life for manslaughter of
15emergency worker
(1)This section applies where—
(a)a person aged under 18 is convicted of a relevant offence,
(b)the offence was committed—
(i)when the person was aged 16 or over, and
(ii)20on or after the relevant commencement date, and
(c)the offence was committed against an emergency worker acting
in the exercise of functions as such a worker.
(2)The court must impose a sentence of detention for life under section 250
unless the court is of the opinion that there are exceptional
25circumstances which—
(a)relate to the offence or the offender, and
(b)justify not doing so.
(3)For the purposes of subsection (1)(c) the circumstances in which an
offence is to be taken as committed against a person acting in the
30exercise of functions as an emergency worker include circumstances
where the offence takes place at a time when the person is not at work
but is carrying out functions which, if done in work time, would have
been in the exercise of functions as an emergency worker.
(4)In this section “relevant offence” means the offence of manslaughter,
35but does not include—
(a)manslaughter by gross negligence, or
(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide
Act 1957 or section 54(7) of the Coroners and Justice Act 2009
(partial defences to murder).
(5)40In this section—
-
“emergency worker” has the meaning given by section 68;
-
“relevant commencement date” means the date on which section 3
of the Police, Crime, Sentencing and Courts Act 2022 (required
Police, Crime, Sentencing and Courts BillPage 5
-
life sentence for manslaughter of emergency worker) comes
into force.
(6)An offence the sentence for which is imposed under this section is not
to be regarded as an offence the sentence for which is fixed by law.
(7)5Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must
be taken for the purposes of subsection (1)(b) to have been committed
on the last of those days.”
(7)In section 267 (extended sentence of detention in a young offender institution),
10in subsection (1)(d), for “or 274” substitute “, 274 or 274A”.
(8)In section 272 (offences other than murder), in subsection (2)(b), for “or 274”
substitute “, 274 or 274A”.
(9)After section 274 insert—
“274A
Required sentence of custody for life for manslaughter of emergency
15worker
(1)This section applies where—
(a)a person aged 18 or over but under 21 is convicted of a relevant
offence,
(b)the offence was committed—
(i)20when the person was aged 16 or over, and
(ii)on or after the relevant commencement date, and
(c)the offence was committed against an emergency worker acting
in the exercise of functions as such a worker.
(2)The court must impose a sentence of custody for life under section 272
25unless the court is of the opinion that there are exceptional
circumstances which—
(a)relate to the offence or the offender, and
(b)justify not doing so.
(3)For the purposes of subsection (1)(c) the circumstances in which an
30offence is to be taken as committed against a person acting in the
exercise of functions as an emergency worker include circumstances
where the offence takes place at a time when the person is not at work
but is carrying out functions which, if done in work time, would have
been in the exercise of functions as an emergency worker.
(4)35In this section “relevant offence” means the offence of manslaughter,
but does not include—
(a)manslaughter by gross negligence, or
(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide
Act 1957 or section 54(7) of the Coroners and Justice Act 2009
40(partial defences to murder).
(5)In this section—
-
“emergency worker” has the meaning given by section 68;
-
“relevant commencement date” means the date on which section 3
of the Police, Crime, Sentencing and Courts Act 2022 (required
45life sentence for manslaughter of emergency worker) comes
into force.
Police, Crime, Sentencing and Courts BillPage 6
(6)An offence the sentence for which is imposed under this section is not
to be regarded as an offence the sentence for which is fixed by law.
(7)Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must
5be taken for the purposes of subsection (1)(b) to have been committed
on the last of those days.”
(10)In section 280 (extended sentence of imprisonment), in subsection (1)(d), for
“or 285” substitute “, 285 or 285A”.
(11)After section 285 insert—
“285A 10 Required life sentence for manslaughter of emergency worker
(1)This section applies where—
(a)a person aged 21 or over is convicted of a relevant offence,
(b)the offence was committed—
(i)when the person was aged 16 or over, and
(ii)15on or after the relevant commencement date, and
(c)the offence was committed against an emergency worker acting
in the exercise of functions as such a worker.
(2)The court must impose a sentence of imprisonment for life unless the
court is of the opinion that there are exceptional circumstances which—
(a)20relate to the offence or the offender, and
(b)justify not doing so.
(3)For the purposes of subsection (1)(c) the circumstances in which an
offence is to be taken as committed against a person acting in the
exercise of functions as an emergency worker include circumstances
25where the offence takes place at a time when the person is not at work
but is carrying out functions which, if done in work time, would have
been in the exercise of functions as an emergency worker.
(4)In this section “relevant offence” means the offence of manslaughter,
but does not include—
(a)30manslaughter by gross negligence, or
(b)manslaughter mentioned in section 2(3) or 4(1) of the Homicide
Act 1957 or section 54(7) of the Coroners and Justice Act 2009
(partial defences to murder).
(5)In this section—
-
35“emergency worker” has the meaning given by section 68;
-
“relevant commencement date” means the date on which section 3
of the Police, Crime, Sentencing and Courts Act 2022 (required
life sentence for manslaughter of emergency worker) comes
into force.
(6)40An offence the sentence for which is imposed under this section is not
to be regarded as an offence the sentence for which is fixed by law.
(7)Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must
be taken for the purposes of subsection (1)(b) to have been committed
45on the last of those days.”
Police, Crime, Sentencing and Courts BillPage 7
(12)In section 329 (conversion of sentence of detention to sentence of
imprisonment), in subsection (7)(a), after “258” insert “or 258A”.
(13)In section 399 (mandatory sentences), in paragraph (b)(i)—
(a)for “258, 274 or 285” substitute “258, 258A, 274, 274A, 285 or 285A”;
(b)5omit “dangerous”.
(14)In section 417 (commencement of Schedule 22), in subsection (3)(d), for “and
274” substitute “, 274 and 274A”.
(15)In Schedule 22 (amendments of the Sentencing Code etc)—
(a)after paragraph 59 insert—
“59A10In section 285A (required life sentence for manslaughter of
emergency worker), in subsection (1)(a), for “21” substitute
“18”.”;
(b)in paragraph 73(a)(ii), after “274” insert “, 274A”;
(c)in paragraph 101(2), after “274,” insert “274A,”.
(16)15In section 37 of the Mental Health Act 1983 (powers of courts to order hospital
admission or guardianship)—
(a)in subsection (1A)—
(i)after “258,” insert “258A,”;
(ii)after “274,” insert “274A,”;
(iii)20for “or 285” substitute “, 285 or 285A”;
(b)in subsection (1B)—
(i)in paragraph (a), after “258” insert “or 258A”;
(ii)in paragraph (b), for “or 274” substitute “, 274 or 274A”;
(iii)in paragraph (c), for “or 285” substitute “, 285 or 285A”.
25Special constables and Police Federations
4 Special constables and Police Federations: amendments to the Police Act 1996
(1)The Police Act 1996 is amended as follows.
(2)In section 51 (regulations for special constables), in subsection (2), after
paragraph (c) insert—
“(ca)30the treatment as occasions of police duty of attendance at
meetings of the Police Federations and of any body recognised
by the Secretary of State for the purposes of section 64;”.
(3)Section 59 (Police Federations) is amended as set out in subsections (4) to (7).
(4)For subsection (1) substitute—
“(1)35There shall continue to be a Police Federation for England and Wales
for the purpose of representing members of the police forces in England
and Wales, and special constables appointed for a police area in
England and Wales, in all matters affecting their welfare and efficiency,
except for—
(a)40questions of promotion affecting individuals, and
(b)(subject to subsection (2)) questions of discipline affecting
individuals.”
Police, Crime, Sentencing and Courts BillPage 8
(5)After subsection (1A) insert—
“(1B)There shall continue to be a Police Federation for Scotland for the
purpose of representing constables of the Police Service of Scotland in
all matters affecting their welfare and efficiency, except for—
(a)5questions of promotion affecting individuals, and
(b)(subject to subsection (2A)) questions of discipline affecting
individuals.”
(6)For subsection (2) substitute—
“(2)The Police Federation for England and Wales may—
(a)10represent a member of a police force at any proceedings
brought under regulations made in accordance with section
50(3) above, or on an appeal from any such proceedings;
(b)represent a special constable at any proceedings brought under
regulations made in accordance with section 51(2A) above, or
15on an appeal from any such proceedings.
(2A)The Police Federation for Scotland may represent a constable of the
Police Service of Scotland at any proceedings brought under
regulations made in accordance with section 48 of the Police and Fire
Reform (Scotland) Act 2012 (asp 8) in so far as relating to the matters
20described in section 52 of that Act, or on an appeal from any such
proceedings.”
(7)For subsection (3) substitute—
“(3)Except on an appeal to a police appeals tribunal or as provided in
regulations made in accordance with section 84—
(a)25a member of a police force in England and Wales may only be
represented under subsection (2)(a) by another member of a
police force or a special constable;
(b)a special constable appointed for a police area in England and
Wales may only be represented under subsection (2)(b) by
30another special constable or a member of a police force;
(c)a constable of the Police Service of Scotland may only be
represented under subsection (2A) by another constable of the
Police Service of Scotland.”
(8)In section 60 (regulations for Police Federations), in subsection (2), in
35paragraph (e), for the words from the beginning to “requiring” substitute
“about the pay, pension or allowances and other conditions of service for any
member of a police force or special constable who is the secretary or officer of
a Police Federation (including provision which applies existing regulations
with modifications), and may require”.
40Police driving standards
5 Meaning of dangerous driving: constables etc
(1)Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is
amended in accordance with subsections (2) to (4).
(2)In subsection (1), after paragraph (b) insert “But this subsection does not apply
45where subsection (1B) applies.”
Police, Crime, Sentencing and Courts BillPage 9
(3)After subsection (1) insert—
“(1A)Subsection (1B) applies where a designated person—
(a)is driving for police purposes (subject to subsections (1E) and
(1F)), and
(b)5has undertaken prescribed training.
(1B)For the purposes of sections 1, 1A and 2 above, the designated person
is to be regarded as driving dangerously if (and, subject to subsection
(2) below, only if)—
(a)the way the person drives falls far below what would be
10expected of a competent and careful constable who has
undertaken the same prescribed training, and
(b)it would be obvious to such a competent and careful constable
that driving in that way would be dangerous.
(1C)In subsections (1A) and (1B) “designated person” means—
(a)15a constable,
(b)a member of staff appointed by the chief officer of police of a
police force in England and Wales,
(c)a member of staff appointed by a local policing body and
employed to assist a police force in England and Wales,
(d)20a member of staff appointed by the Scottish Police Authority
under section 26(1) of the Police and Fire Reform (Scotland) Act
2012 (asp 8),
(e)an employee of the British Transport Police Authority
appointed under section 27 of the Railways and Transport
25Safety Act 2003,
(f)a person employed or engaged by—
(i)a chief officer of police,
(ii)the British Transport Police Authority,
(iii)the Civil Nuclear Police Authority,
(iv)30the chief constable for the Ministry of Defence Police, or
(v)the Scottish Police Authority,
to train a person within any of paragraphs (a) to (e) to drive for
police purposes,
(g)a person employed or engaged by a person within paragraph
35(f)(i) to (v) to train another person to carry out training of the
kind mentioned in that paragraph,
(h)a National Crime Agency officer, or
(i)a person engaged by the National Crime Agency—
(i)to train a National Crime Agency officer to drive for law
40enforcement purposes, or
(ii)to train another person to carry out training of the kind
mentioned in sub-paragraph (i).
(1D)In subsection (1C)(a) “constable” does not include a port constable
within the meaning of section 7 of the Marine Navigation Act 2013 or a
45person appointed to act as a constable under provision made by virtue
of section 16 of the Harbours Act 1964.