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

Part 2 continued    

(b)the exercise by the specified authority of its function under subsection
(3)(a) or (b) of section 9 of identifying the kinds or causes of serious
violence in an area or its function of preparing a strategy under
subsection (3)(c) of that section.

(10)5This section does not affect any power to collaborate apart from this section.

(11)In this section “enactment” includes—

(a)an enactment comprised in subordinate legislation within the meaning
of the Interpretation Act 1978, and

(b)an enactment comprised in, or in an instrument made under, a Measure
10or Act of Senedd Cymru.

16 Disclosure of information

(1)A person listed in subsection (2) may disclose information that it holds for the
purposes of its functions to another person listed in that subsection for the
purposes of the exercise by the other person of its functions under or in
15accordance with this Chapter.

(2)Those persons are—

(a)a specified authority;

(b)a local policing body;

(c)an educational authority;

(d)20a prison authority;

(e)a youth custody authority.

(3)A disclosure of information authorised by this section does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)25any other restriction on the disclosure of information (however
imposed).

(4)But this section does not authorise—

(a)the disclosure of patient information,

(b)the disclosure of personal information by a specified authority which is
30a health or social care authority,

(c)a disclosure of information that would contravene the data protection
legislation (but in determining whether a disclosure would do so, the
power conferred by this section is to be taken into account), or

(d)a disclosure of information that is prohibited by any of Parts 1 to 7 or
35Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5)Subsection (6) applies if—

(a)a disclosure of information under this section is also permitted by
regulations under section 6(2) of the Crime and Disorder Act 1998 or by
section 115 of that Act (but is not also a disclosure under section 17A of
40that Act), and

(b)a condition or limitation applies to a disclosure under those regulations
or section 115 of that Act by virtue of such regulations.

(6)The condition or limitation does not apply to the disclosure of information
under this section.

(7)This section does not otherwise affect any power to disclose information apart
from this section.

17 Supply of information to local policing bodies

(1)A local policing body may, for the purposes of enabling or assisting it to
5exercise its functions under section 14 in relation to an area, request any person
listed in subsection (2) to supply it with such information as may be specified
in the request.

(2)Those persons are—

(a)a specified authority for that area;

(b)10an educational authority for that area;

(c)a prison authority for that area;

(d)a youth custody authority for that area.

(3)Information requested under subsection (1) must be information that is held by
the person to whom the request is made and that relates to—

(a)15the person to whom the request was made,

(b)a function of the person to whom the request was made, or

(c)a person in respect of whom a function is exercisable by the person
requested to supply the information.

(4)Subject to subsection (6), a person who is requested to supply information
20under subsection (1) must comply with the request.

(5)A disclosure of information required by subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
25imposed).

(6)But subsection (4) does not require—

(a)the disclosure of patient information,

(b)the disclosure of personal information by a specified authority which is
a health or social care authority,

(c)30a disclosure of information that would contravene the data protection
legislation (but in determining whether a disclosure would do so, the
duty imposed by that subsection is to be taken into account), or

(d)a disclosure of information that is prohibited by any of Parts 1 to 7 or
Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(7)35Information supplied to a local policing body under this section may be used
by the body only for the purpose of enabling or assisting it to exercise its
functions under section 14.

18 Directions

(1)Subsection (2) applies if the Secretary of State is satisfied that—

(a)40a specified authority has failed to discharge a duty imposed on it by
section 8, 14(6), 15(3) or 17(4), or

(b)an educational authority, prison authority or youth custody authority
has failed to discharge a duty imposed on it by section 15(3), (4) or (5)(b)
or 17(4).

(2)The Secretary of State may give directions to the authority for the purpose of
securing compliance with the duty.

(3)A direction under subsection (2) may be enforced, on an application made on
behalf of the Secretary of State, by a mandatory order.

(4)5The Secretary of State must obtain the consent of the Welsh Ministers before
giving a direction under this section to a devolved Welsh authority within the
meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(5)This section does not apply in relation to—

(a)a provider of probation services if that provider is the Secretary of State,

(b)10the governor of a prison, young offender institution or secure training
centre, or

(c)the principal of a directly managed secure college as defined in
paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act
2015.

19 15Guidance

(1)A person listed in subsection (2) must have regard to guidance issued by the
Secretary of State—

(a)in exercising any function conferred by or by virtue of this Chapter, or

(b)in exercising any function in accordance with this Chapter.

(2)20Those persons are—

(a)a specified authority;

(b)a person prescribed in regulations under section 10;

(c)a local policing body;

(d)an educational authority;

(e)25a prison authority;

(f)a youth custody authority.

(3)The Secretary of State must consult the Welsh Ministers before issuing
guidance relating to the exercise of functions as mentioned in subsection (1) by
a devolved Welsh authority within the meaning of the Government of Wales
30Act 2006 (see section 157A of that Act).

(4)After issuing guidance under this section, the Secretary of State must lay a copy
of the guidance before Parliament.

Amendments to the Crime and Disorder Act 1998 etc

20 Amendments to the Crime and Disorder Act 1998

(1)35The Crime and Disorder Act 1998 is amended as follows.

(2)In section 5A (combination agreements: further provision)—

(a)in subsection (2), after paragraph (c) insert—

“(d)preventing people from becoming involved in serious
violence;

(e)40reducing instances of serious violence.”, and

(b)after subsection (9) insert—

“(10)References in this section to serious violence and to becoming
involved in serious violence are to be construed in accordance
with section 18.”

(3)5Section 6 (formulation and implementation of strategies) is amended in
accordance with subsections (4) to (7).

(4)In subsection (1), at the end of paragraph (c) insert “; and

(d)a strategy for—

(i)preventing people from becoming involved in serious
10violence in the area, and

(ii)reducing instances of serious violence in the area.”

(5)In subsection (6)—

(a)omit the “or” at the end of paragraph (a), and

(b)after paragraph (b) insert—

“(c)15the prevention of people becoming involved in serious
violence of a particular description; or

(d)the reduction of instances of serious violence of a
particular description.”

(6)In subsection (9), at the end of paragraph (a) insert “and strategies for
20preventing people from becoming involved in and reducing instances of
serious violence in areas in Wales”.

(7)After subsection (9) insert—

“(10)The Secretary of State must consult the Welsh Ministers before making
regulations under this section if and to extent that the regulations—

(a)25relate to a strategy within subsection (1)(d), and

(b)make provision that applies in relation to a devolved Welsh
authority within the meaning of the Government of Wales Act
2006 (see section 157A of that Act).

(11)References in this section to serious violence and to becoming involved
30in serious violence are to be construed in accordance with section 18.”

(8)Section 17 (duty to consider crime and disorder implications) is amended in
accordance with subsections (9) to (11).

(9)In subsection (1), at the end of paragraph (c) insert “; and

“(d)serious violence in its area.”

(10)35After subsection (1) insert—

“(1A)The duty imposed on an authority by subsection (1) to do all it
reasonably can to prevent serious violence in its area is a duty on the
authority to do all it reasonably can to—

(a)prevent people from becoming involved in serious violence in
40its area, and

(b)reduce instances of serious violence in its area.”

(11)After subsection (5) insert—

“(6)References in this section to serious violence and to becoming involved
in serious violence are to be construed in accordance with section 18.”

(12)In section 18 (interpretation of Chapter 1)—

(a)in subsection (1), at the appropriate place insert—

• ““violence”—

  (a)

  includes, in particular—

  (i)

  5domestic abuse within the meaning of
  the Domestic Abuse Act 2021 (see section
  1 of that Act),

  (ii)

  sexual offences,

  (iii)

  violence against property, and

  (iv)

  10threats of violence;

  (b)

  does not include terrorism (within the meaning
  of the Terrorism Act 2000 (see section 1(1) to (4)
  of that Act)).”, and

(b)after that subsection insert—

“(1A)15In the definition of “violence” in subsection (1) “sexual offence”
means an offence under the law of England and Wales which is
for the time being specified in Schedule 3 to the Sexual Offences
Act 2003, other than the offence specified in paragraph 14 of that
Schedule (fraudulent evasion of excise duty).

(1B)20In determining for the purposes of subsection (1A) whether an
offence is specified in Schedule 3 to the Sexual Offences Act
2003, any limitation in that Schedule referring to the
circumstances of a particular case (including the sentence
imposed) is to be disregarded.

(1C)25References in this Chapter to becoming involved in serious
violence include becoming a victim of serious violence.

(1D)In considering whether violence in an area amounts to serious
violence for the purposes of this Chapter account must be taken
in particular of the following factors—

(1E)(a)30the maximum penalty which could be imposed for the
offence (if any) involved in the violence,

(b)the impact of the violence on any victim,

(c)the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the
35area.”

21 Amendment to the Police and Justice Act 2006

In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of
crime and disorder matters: interpretation), in the definition of “local crime
and disorder matter”—

(a)40omit the “or” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert “or

(c)serious violence (within the meaning of Chapter 1 of
Part 1 of the Crime and Disorder Act 1998),”.

General

22 Regulations

(1)Regulations under this Chapter are to be made by statutory instrument.

(2)Regulations under this Chapter—

(a)5may make different provision for different purposes or areas;

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

(3)The Secretary of State must consult the Welsh Ministers before making
regulations under this Chapter if and to extent that the regulations make
10provision that applies in relation to a devolved Welsh authority within the
meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(4)A statutory instrument containing regulations under this Chapter may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

(5)15Subsection (4) does not apply to a statutory instrument containing only one or
more of the following—

(a)regulations under section 8(10);

(b)regulations under section 9(10);

(c)regulations under section 11(7) which make provision for the removal
20of an entry in Schedule 1 where the authority concerned has ceased to
exist;

(d)regulations under section 11(7) which make provision for the
modification of an entry in Schedule 1 in consequence of a change of
name or transfer of functions;

(e)25regulations under section 12(3) which make provision for the removal
of an entry in Schedule 2 where the authority concerned has ceased to
exist;

(f)regulations under section 12(3) which make provision for the
modification of an entry in Schedule 2 in consequence of a change of
30name or transfer of functions;

(g)regulations under section 14(4).

(6)A statutory instrument within subsection (5) is subject to annulment in
pursuance of a resolution of either House of Parliament.

23 Index of defined expressions

35In this Chapter an expression listed in the first column of the table has the
meaning given by, or is to be interpreted in accordance with, the
corresponding provision listed in the second column.

Chapter 2 Offensive weapons homicide reviews

24 Duty to arrange a review

(1)30Where a review partner considers that—

(a)the death of a person was, or is likely to have been, a qualifying
homicide,

(b)the death occurred, or is likely to have occurred, in England or Wales,

(c)such other conditions as the Secretary of State may specify by
regulations are satisfied, including, for example, conditions relating
to—

(i)the circumstances of or relating to the death,

(ii)5the circumstances or history of the person who died, or

(iii)the circumstances or history of other persons with a connection
to the death, and

(d)the review partner is one of the relevant review partners in respect of
the death (see section 25),

10the review partner must join with the other relevant review partners in respect
of the death in arranging for there to be a review under this section of the
person’s death.

(2)Subsection (1) is subject to subsections (3) to (5) and section 26.

(3)If the review partner considers, on further information, that any of the
15conditions mentioned in subsection (1)(a) to (c) is not satisfied in the case of the
person’s death, the review partner ceases to be under a duty to arrange for
there to be a review under this section of the death (and a review may
accordingly be discontinued).

(4)If the review partner considers, on further information, that the condition
20mentioned in subsection (1)(d) is not satisfied in the case of the person’s death,
the review partner ceases to be under a duty to arrange for there to be a review
under this section of the death, except where such a review of the death has
already started to take place under arrangements made by the review partner
and other review partners.

(5)25Subsection (1) does not require a review partner to arrange for there to be a
review under this section of a person’s death if such a review of the death has
already taken place, or started to take place, under arrangements made by
other review partners.

(6)For the purposes of this section, the homicide of a person is a qualifying
30homicide if—

(a)the person was aged 18 or over, and

(b)the death, or the events surrounding it, involved the use of an offensive
weapon.

(7)The Secretary of State may by regulations—

(a)35amend this section so as to alter the meaning of “qualifying homicide”,
and

(b)make such consequential amendments of this Chapter as appear to the
Secretary of State to be appropriate.

(8)In this section “offensive weapon” has the same meaning as in section 1 of the
40Prevention of Crime Act 1953.

25 Relevant review partners

(1)The Secretary of State may by regulations make provision for identifying
which review partners are to be the relevant review partners in respect of a
person’s death.

(2)45The regulations may provide that the relevant review partners in respect of a
person’s death are—

(a)a chief officer of police for a police area in England or Wales of a
description specified in the regulations,

(b)a local authority of a description specified in the regulations or, in a case
of a description specified in the regulations, a county council and a
5district council of a description specified in the regulations, and

(c)a clinical commissioning group or a local health board of a description
specified in the regulations.

(3)The regulations may, in particular, provide that, in a case of a description
specified in the regulations, the relevant review partners in respect of a
10person’s death are—

(a)the chief officer of police for the police area in England or Wales in
which the death occurred or is likely to have occurred,

(b)the local authority in whose area the death occurred or is likely to have
occurred or, if the death occurred or is likely to have occurred within
15the area of a district council whose area is within the area of a county
council, both of those local authorities, and

(c)the clinical commissioning group or the local health board in whose
area the death occurred or is likely to have occurred.

(4)The regulations may include provision for identifying the relevant review
20partners in respect of a person’s death by reference to other matters,
including—

(a)the last known place of residence of the person who died;

(b)an earlier place of residence of the person who died;

(c)the place of residence of the person who caused or is likely to have
25caused, or of any of the persons who caused or are likely to have
caused, the person’s death;

(d)the police area in England or Wales of the police force that is
investigating or has investigated the person’s death.

(5)The regulations may—

(a)30provide for a group of review partners to agree with another group of
review partners to be the relevant review partners in respect of a
person’s death instead of that other group;

(b)provide for review partners of a description specified in the regulations
to agree between them which of them is a relevant review partner in
35respect of a person’s death;

(c)provide for the Secretary of State to give a direction specifying which
review partners are the relevant review partners in respect of a person’s
death.

26 Relationship with other review requirements

(1)40The duty in section 24(1) does not apply in relation to a death if—

(a)a child death review must or may be arranged in relation to the death
(see section 16M(1) and (2) of the Children Act 2004),

(b)the death may be the subject of a domestic homicide review (see section
9 of the Domestic Violence, Crime and Victims Act 2004), or

(c)45a safeguarding adults review must or may be established in relation to
the death (see section 44(1) and (4) of the Care Act 2014).

(2)The Secretary of State may by regulations make provision about the duty in
section 24(1) not applying in the case of a death which may or must be

investigated under arrangements made by NHS bodies with respect to deaths
caused by persons who are receiving or have received any health services
relating to mental health.

(3)The duty in section 24(1) does not apply in relation to a death if regulations
5under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014
(anaw 4) require a Safeguarding Board to undertake a review of the death.

(4)The Secretary of State may by regulations make provision about the duty in
section 24(1) not applying in the case of a death, caused by a person who is
receiving or has received any health services relating to mental health, where
10there may be a review of, or investigation into, the provision of that health care
under section 70 of the Health and Social Care (Community Health and
Standards) Act 2003.

27 Notification of Secretary of State

(1)If a review partner becomes aware of qualifying circumstances in relation to a
15person’s death, the review partner must notify the Secretary of State before the
end of the notification period of one of the following—

(a)that the review partner is under a duty to arrange for there to be a
review under section 24 of the person’s death,

(b)that the review partner is not under that duty in respect of the death, or

(c)20that the review partner has not been able to take a decision on the
matter.

(2)Subsection (1) does not apply if, when the review partner becomes aware of
qualifying circumstances in relation to a person’s death, the review partner is
also aware that no duty in section 24(1) arises in respect of the death because of
25section 24(5) or 26.

(3)If a review partner gives a notification under subsection (1)(c), the review
partner must notify the Secretary of State of the review partner’s decision on
the matter once it has been taken.

(4)Where a review partner—

(a)30notifies the Secretary of State that the review partner is under a duty to
arrange a review under section 24 of a death, but

(b)before the review starts to take place, decides that the review partner is
not under that duty in respect of that death (see section 24(3) and (4)),

the review partner must notify the Secretary of State of that decision.

(5)35Where a review under section 24 of a death is discontinued because the review
partner considers that a condition mentioned in section 24(1)(a) to (c) is not
satisfied in relation to the death (see section 24(3)), the review partner must
notify the Secretary of State.

(6)Where a review partner—

(a)40notifies the Secretary of State that the review partner is not under a duty
to arrange a review under section 24 of a death, but

(b)afterwards decides that the review partner is under that duty in respect
of that death,

the review partner must notify the Secretary of State of that decision.