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

Part 10 continued    

(iii)as respects which the court makes a declaration that
the offence related to a football match, to a football
organisation or to a person whom the accused knew
or believed to have a prescribed connection with a
5football organisation,

(y)any offence under section 127(1) of the Communications Act
2003 (improper use of public telecommunications
network)—

(i)which does not fall within paragraph (d), (e), (m), (n),
10(r) or (s),

(ii)as respects which the court has stated that the offence
is aggravated by hostility of any of the types
mentioned in section 66(1) of the Sentencing Code
(racial hostility etc), and

(iii)15as respects which the court makes a declaration that
the offence related to a football match, to a football
organisation or to a person whom the accused knew
or believed to have a prescribed connection with a
football organisation.”

(7)20In paragraph 4—

(a)the words from “In this Schedule” to “Part II of this Act.” become sub-
paragraph (1),

(b)after sub-paragraph (1) insert—

“(1A)In this Schedule “football organisation” means an
25organisation which is a regulated football organisation for
the purposes of Part 2 of this Act.”, and

(c)after sub-paragraph (2) insert—

“(3)The provision that may be made by an order made by the
Secretary of State for the purposes of this Schedule includes
30provision that a person has a prescribed connection with a
football organisation where—

(a)the person has had a connection of a prescribed kind
with a football organisation in the past, or

(b)the person will or may have a connection of a
35prescribed kind with a football organisation in the
future.”

(8)In section 14 (main definitions), after subsection (2) insert—

“(2A)“Regulated football organisation” means an organisation (whether in
the United Kingdom or elsewhere) which—

(a)40relates to association football, and

(b)is a prescribed organisation or an organisation of a prescribed
description.”

(9)Section 23 (further provision about, and appeals against, declarations of
relevance) is amended in accordance with subsections (10) and (11).

(10)45In subsection (1), for the words from “related to football matches” to the end of
the subsection substitute “—

(a)related to football matches,

(b)related to a particular football match or to particular football
matches,

(c)related to a football organisation, or

(d)related to a person whom the defendant knew or believed to
5have a prescribed connection with a football organisation,

• as the case may be.”

(11)In subsection (5), for the words from “related to football matches” to the end of
the subsection substitute “—

(a)related to football matches,

(b)10related to one or more particular football matches,

(c)related to a football organisation, or

(d)related to a person whom the defendant knew or believed to
have a prescribed connection with a football organisation.”

(12)This section does not apply in relation to an offence committed before the day
15appointed by regulations under section 209(1) for its coming into force (so far
as it has not previously been commenced by section 209(4)(u)).

189 Football banning orders: power to amend list of relevant offences

(1)In section 14 of the Football Spectators Act 1989 (main definitions), after
subsection (8) insert—

“(9)20The Secretary of State may by regulations amend paragraph 1 of
Schedule 1 so as to add, modify or remove a reference to an offence or
a description of offence.

(10)Regulations under subsection (9) may make consequential
amendments to this Act.

(11)25A statutory instrument containing regulations under subsection (9)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

(2)Section 22A of that Act (other interpretation, etc) is amended in accordance
with subsections (3) and (4).

(3)30In subsection (3), after “order” insert “or regulations”.

(4)After subsection (3) insert—

“(3A)An order or regulations under this Part—

(a)may make different provision for different purposes;

(b)may make consequential, supplementary, incidental,
35transitional, transitory or saving provision.”

190 Football banning orders: requirement to make order on conviction etc

(1)In section 14A of the Football Spectators Act 1989 (banning order made on
conviction of an offence), for subsections (2) and (3) substitute—

“(2)The court must make a banning order in respect of the offender unless
40the court considers that there are particular circumstances relating to
the offence or to the offender which would make it unjust in all the
circumstances to do so.

(3)Where the court does not make a banning order it must state in open
court the reasons for not doing so.”

(2)Section 22 of that Act (banning orders arising out of offences outside England
and Wales) is amended in accordance with subsections (3) and (4).

(3)5In subsection (4), for the words following paragraph (b) substitute—

“must make a banning order in relation to the person, unless
subsection (5) applies.”

(4)For subsections (5) and (5A) substitute—

“(5)This subsection applies if—

(a)it appears to the court that the conviction of the corresponding
10offence in a country outside England and Wales is the subject of
proceedings in a court of law in that country questioning the
conviction, or

(b)the court considers that there are particular circumstances
relating to the corresponding offence or to the person which
15would make it unjust in all the circumstances to make a banning
order.

(5A)Where the court does not make a banning order on the ground
mentioned in subsection (5)(b) it must state in open court the reasons
for not doing so.”

(5)20This section does not apply in relation to an offence committed before the day
appointed by regulations under section 209(1) for its coming into force.

Part 11 Rehabilitation of offenders

191 25Rehabilitation of offenders

(1)The Rehabilitation of Offenders Act 1974, as it forms part of the law of England
and Wales, is amended as follows.

(2)Section 5 (rehabilitation periods for particular sentences) is amended in
accordance with subsections (3) to (12).

(3)30In subsection (1) (sentences excluded from rehabilitation)—

(a)for paragraph (b) substitute—

“(b)any of the following sentences, where the sentence is
imposed for an offence specified in Schedule 18 to the
Sentencing Code (serious violent, sexual and terrorism
35offences) or a service offence as respects which the
corresponding offence is so specified—

(i)a sentence of imprisonment for a term exceeding
4 years;

(ii)a sentence of youth custody for such a term;

(iii)40a sentence of detention in a young offender
institution for such a term;

(iv)a sentence of corrective training for such a term;

(v)a sentence of detention under section 91 of the
Powers of Criminal Courts (Sentencing) Act 2000
for such a term;

(vi)a sentence of detention under section 250 or
5252A of the Sentencing Code for such a term;

(vii)a sentence of detention under section 209 or 224B
of the Armed Forces Act 2006 for such a term;

(viii)a sentence of detention under section 205ZC(5)
or 208 of the Criminal Procedure (Scotland) Act
101995 for such a term;”, and

(b)in paragraph (d) omit the words from “or a sentence of detention” to the
end of that paragraph (including the “and” at the end of that
paragraph).

(4)After subsection (1) insert—

“(1ZA)15In subsection (1)(b)—

(a)“service offence” means an offence under—

(i)section 42 of the Armed Forces Act 2006,

(ii)section 70 of the Army Act 1955 or Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957, and

(b)20“corresponding offence” means—

(i)in relation to an offence under section 42 of the Armed
Forces Act 2006, the corresponding offence under the
law of England and Wales within the meaning of that
section;

(ii)25in relation to an offence under section 70 of the Army
Act 1955 or the Air Force Act 1955, the corresponding
civil offence within the meaning of that Act;

(iii)in relation to an offence under section 42 of the Naval
Discipline Act 1957, the civil offence within the meaning
30of that section.

(1ZB)Section 48 of the Armed Forces Act 2006 (supplementary provisions
relating to ancillary service offences) applies for the purposes of
subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of
that Act referred to in subsection (3)(b) of that section.”

(5)35In subsection (2) (rehabilitation periods), in the words before paragraph (a), for
“(3) and” substitute “(2A) to”.

(6)In the table in subsection (2)(b) (rehabilitation periods)—

(a)for the three rows relating to custodial sentences substitute—

(b)15omit the row relating to a community or youth rehabilitation order.

(7)After subsection (2) (and after the table in subsection (2)(b)) insert—

“(2A)Subsection (2B) applies where provision is made by or under a relevant
order for the order to have effect—

(a)until further order,

(b)20until the occurrence of a specified event, or

(c)otherwise for an indefinite period.

(2B)The rehabilitation period for the order is the period—

(a)beginning with the date of the conviction in respect of which the
order is imposed, and

(b)25ending when the order ceases to have effect.”

(8)For subsection (3) (rehabilitation period for community etc order which does
not provide for the last day on which the order has effect) substitute—

“(3)The rehabilitation period for a relevant order which is not otherwise
dealt with in the Table or under subsections (2A) and (2B) is the period
30of 24 months beginning with the date of conviction.”

(9)In subsection (4)(b) (rehabilitation period for other sentences), for “subsection
(3)” substitute “any of subsections (2A) to (3)”.

(10)In subsection (7), in the words before paragraph (a), for “For” substitute
“Subject to subsection (7A), for”.

(11)35After subsection (7) insert—

“(7A)Subsection (7)(a) or (b) does not apply for the purposes of determining
whether a sentence is excluded from rehabilitation by virtue of
subsection (1)(b).

(7B)For the purposes of this section, a sentence imposed as mentioned in
40subsection (7)(f) for an offence—

(a)under the law of Scotland, Northern Ireland or a country or
territory outside the United Kingdom, and

(b)which would have constituted an offence specified in Schedule
18 to the Sentencing Code if it had been committed in England
45and Wales,

is to be treated as an offence specified in that Schedule (and for this
purpose an act punishable under the law in force in a country or
territory outside the United Kingdom constitutes an offence under that
law, however it is described in that law).”

(12)5In subsection (8) (interpretation), in the definition of “relevant order”—

(a)before paragraph (a) insert—

“(za)a community or youth rehabilitation order,”, and

(b)for paragraph (g) substitute—

“(g)any order which—

(i)10imposes a disqualification, disability,
prohibition, penalty, requirement or restriction,
or

(ii)is otherwise intended to regulate the behaviour
of the person convicted,

15and is not otherwise dealt with in the Table,”.

(13)In section 6(5) (the rehabilitation period applicable to a conviction), for the
words from “by virtue of” to “or other penalty” substitute “to an order within
paragraph (g) of the definition of “relevant order” in section 5(8) above”.

(14)In section 7(1)(d) (limitations on rehabilitation under the Act), for “or other
20penalty” substitute “, penalty, requirement, restriction or other regulation of
the person’s behaviour”.

(15)In paragraph 5(b) of Schedule 2 (protection for spent cautions), after
“prohibition” insert “, requirement”.

(16)This section applies in relation to convictions before the day on which this
25section comes into force (“the commencement day”) as well as in relation to
convictions on or after that day.

(17)The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to
convictions before the commencement day as if the amendments made by this
section had always had effect.

(18)30Where by virtue of subsection (17)—

(a)a person would, before the commencement day, have been treated for
the purposes of the 1974 Act as a rehabilitated person in respect of a
conviction, or

(b)a conviction would, before that day, have been treated for the purposes
35of that Act as spent,

the person or conviction concerned is (subject to any order made by virtue of
section 4(4) or 7(4) of that Act) to be so treated on and after that day.

Part 12 Disregards and pardons for certain historical offences

192 40Disregard of certain convictions or cautions

(1)The Protection of Freedoms Act 2012 is amended in accordance with
subsections (2) to (10).

(2)Section 92 (power of Secretary of State to disregard convictions or cautions) is
amended in accordance with subsections (3) to (5).

(3)In subsection (1) for the words from “under” to the end of paragraph (c)
substitute “in circumstances where the conduct constituting the offence was
sexual activity between persons of the same sex”.

(4)In subsection (3)—

(a)5in paragraph (a)—

(i)for the first “the” substitute “any”,

(ii)for “conduct constituting the offence consented to it and”
substitute “sexual activity”, and

(iii)omit the second “and”, and

(b)10for paragraph (b) substitute—

“(b)the offence has been repealed or, in the case of an offence
at common law, abolished by enactment (whether or not
it has been re-enacted or replaced), and

(c)the sexual activity would not, if occurring in the same
15circumstances at the point of decision, constitute an
offence.”

(5)After subsection (6) insert—

“(7)In this section “sexual activity” includes—

(a)any physical or affectionate activity which is of a type
20characteristic of people involved in an intimate personal
relationship, and

(b)conduct intended to lead to sexual activity.”

(6)In section 93(3) (applications to the Secretary of State), for the words from “the
matters” to the end substitute “—

(a)25whether a conviction or caution is of a kind mentioned in
section 92(1);

(b)the matters mentioned in condition A in that section.”

(7)In section 94 (procedure for decisions by the Secretary of State)—

(a)in subsection (1)—

(i)30after “considering” insert “whether a conviction or caution is of
a kind mentioned in section 92(1) or”, and

(ii)for “section 92” substitute “that section”,

(b)in subsection (2)—

(i)after “deciding” insert “whether a conviction or caution is of a
35kind mentioned in section 92(1) or”, and

(ii)for “section 92” substitute “that section”,

(c)after subsection (2) insert—

“(2A)If the Secretary of State refuses an application on the basis that
the caution or conviction is not of a kind mentioned in section
4092(1), the Secretary of State must—

(a)record the decision in writing, and

(b)give notice of it to the applicant.”

(8)In section 99 (appeal against refusal to disregard convictions or cautions)—

(a)in subsection (1)(a) after “Secretary of State” insert “refuses an
45application on the basis mentioned in section 94(2A) or”,

(b)in subsection (3), for the words from “that it” to the end substitute “—

(a)that the conviction or caution is of a kind mentioned in
section 92(1), it must make an order to that effect;

(b)that it appears as mentioned in condition A of that
5section, it must make an order to that effect.”, and

(c)in subsection (5), after “subsection (3)” insert “(b)”.

(9)In section 100(1) (advisers)—

(a)for the second “Secretary of State” substitute “Secretary of State—

(a)the caution or conviction is of a kind mentioned in
10section 92(1), or”,

(b)the remaining text becomes paragraph (b), and

(c)in that paragraph for “section 92” substitute “that section”.

(10)In section 101—

(a)in subsection (1)—

(i)15in paragraph (a) of the definition of “conviction”, after
“proceedings” insert “(including anything that under section
376(1) and (2) of the Armed Forces Act 2006 is to be treated as a
conviction for the purposes of that Act)”,

(ii)at the end of the definition of “sentence” insert “(including
20anything that under section 376(1) and (3) of the Armed Forces
Act 2006 is to be treated as a sentence for the purposes of that
Act),”,

(iii)at the end of paragraph (a) of the definition of “service
disciplinary proceedings” omit “or”,

(iv)25after paragraph (b) of the definition of “service disciplinary
proceedings” insert “, or

(c)in respect of a service offence (whether or not
before a court but excepting proceedings before
a civilian court within the meaning of the Armed
30Forces Act 2006);

and for the purposes of paragraph (c) “service offence” means a
service offence within the meaning of the Armed Forces Act
2006, or an SDA offence within the meaning of the Armed
Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI
352009/1059).”, and

(v)in the appropriate place insert—

• ““enactment” includes an enactment contained in
  subordinate legislation (within the meaning of the
  Interpretation Act 1978),”,”

(b)40omit subsections (3) and (4),

(c)in subsection (5) for paragraphs (a) and (b) substitute “a reference to an
inchoate or ancillary offence relating to the offence.”,

(d)in subsection (6)—

(i)for the first “or incitement” substitute “, incitement,
45encouraging or assisting”, and

(ii)for the second “or incitement” substitute “, incitement,
encouraging or assisting”,

(e)after subsection (6) insert—

“(6A)For the purposes of section 92, an inchoate or ancillary offence
is to be treated as repealed or abolished to the extent that the
offence to which it relates is repealed or abolished.

(6B)5A reference to an inchoate or ancillary offence in relation to an
offence is a reference to an offence of—

(a)attempting, conspiracy or incitement to commit the
offence,

(b)encouraging or assisting the commission of the offence,
10or

(c)aiding, abetting, counselling or procuring the
commission of the offence.

(6C)For the purposes of section 92, an offence under an enactment
mentioned in subsection (6D) is to be treated as repealed to the
15extent that the conduct constituting the offence under the
enactment—

(a)was punishable by reference to an offence under the law
of England and Wales which has been repealed or
abolished, or

(b)20if the conduct was not punishable by the law of England
and Wales, was punishable by reference to equivalent
conduct constituting an offence under the law of
England and Wales which has been repealed or
abolished.

(6D)25The enactments are—

(a)section 45 of the Naval Discipline Act 1866,

(b)section 41 of the Army Act 1881,

(c)section 41 of the Air Force Act 1917,

(d)section 70 of the Army Act 1955,

(e)30section 70 of the Air Force Act 1955,

(f)section 42 of the Naval Discipline Act 1957, and

(g)section 42 of the Armed Forces Act 2006.”, and

(f)in subsection (7) for “(5) and (6)” substitute “(5), (6) and (6B)”.

(11)Nothing in this section affects the disregard of a conviction or caution that was
35disregarded before this section comes into force.

193 Pardons for certain convictions or cautions

(1)The Policing and Crime Act 2017 is amended in accordance with subsections
(2) to (13).

(2)Section 164 (posthumous pardons for convictions etc. of certain abolished
40offences) is amended in accordance with subsections (3) to (10).

(3)Before subsection (1) insert—

“(A1)Subsection (1) applies in relation to a person—

(a)who was convicted of, or cautioned for, an offence in
circumstances where the conduct constituting the offence was
45sexual activity between persons of the same sex, and

(b)who died before the end of the period of twelve months
beginning with—

(i)the day on which section 192 of the Police, Crime,
Sentencing and Courts Act 2022 comes into force, or

(ii)5if later, the day on which the offence referred to in
paragraph (a) became an abolished offence (see
subsection (1A)).”

(4)For subsection (1) substitute—

“(1)The person is pardoned for the offence if—

(a)10any other person involved in the sexual activity was aged 16 or
over, and

(b)the offence has become an abolished offence.

(1A)An offence becomes an abolished offence at the point at which
conditions A and B are first met.

(1B)15Condition A is that the offence has been repealed or, in the case of an
offence at common law, abolished by enactment (whether or not it was
re-enacted or replaced).

(1C)Condition B is that the sexual activity referred to in subsection (A1)(a)
would not, if occurring in the same circumstances, constitute an
20offence.”

(5)Omit subsections (2) to (6).

(6)In subsection (7)—

(a)for “subsection (8)” substitute “subsections (8) and (8A)”, and

(b)at the end of paragraph (b) insert “(but as if the reference in subsections
25(6A) and (6C) to section 92 were a reference to this section)”.

(7)In subsection (8) (as amended by section 19 of the Armed Forces Act 2021)—

(a)omit paragraph (ba),

(b)at the end of paragraph (c) omit “or”,

(c)after paragraph (c) (but before paragraph (d) inserted by section
3019(3)(d) of the Armed Forces Act 2021) insert—

“(ca)the Mutiny Act 1878, the Marine Mutiny Act 1878, any
Act previously in force corresponding to either of those
Acts or any relevant Articles of War, or”.

(8)After subsection (8) insert—

“(8A)35Section 101(6D) of the 2012 Act is to be read, in its application to this
section by virtue of subsection (7) of this section, as if the enactments
listed in that subsection included—

(a)Article 2 of Section 20 of the Articles of War of 1749 (offences
triable by courts martial outside Great Britain),

(b)40section 38 of the Naval Discipline Act 1860,

(c)section 38 of the Naval Discipline Act 1861,

(d)section 41 of the Naval Discipline Act 1864,

(e)Article 93 of Section 2 of the Articles of War of 1876 (offences not
specified in Marine Mutiny Act or Articles of War),

(f)45section 41 of the Army Discipline and Regulation Act 1879, and