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

Part 2 continued    

(1K)An officer may only give an authorisation under subsection (1J) if the
officer is satisfied that taking the photograph is necessary to assist in
the prevention or detection of crime.

(1L)In subsections (1E), (1G) and (1I)—

(a)5references to a photograph being unavailable include references
to a photograph being lost or destroyed, and

(b)references to a photograph being inadequate include references
to a photograph being—

(i)unclear,

(ii)10an incomplete photograph of the subject, or

(iii)no longer an accurate representation of the subject’s
appearance.

(1M)In subsections (1E), (1G), (1I) and (1K) references to crime include
references to any conduct which—

(a)15constitutes one or more criminal offences (whether under the
law of a part of the United Kingdom or of a country or territory
outside the United Kingdom), or

(b)is, or corresponds to, any conduct which, if it all took place in
any one part of the United Kingdom, would constitute one or
20more criminal offences.”

(3)Schedule 2A (fingerprinting and samples: power to require attendance at
police station) is amended in accordance with subsections (4) to (8).

(4)In the heading of the Schedule, for “and samples” substitute “, samples and
photographs”.

(5)25After Part 3 insert—

“Part 3A Photographs

Persons arrested and released

14A(1)A constable may require a person who falls within section
3064A(1D)(a) to attend a police station to be photographed under
section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised in a case
where section 64A(1E)(b) applies (photograph taken on a previous
occasion unavailable or inadequate) after the end of the period of six
35months beginning with the day on which the appropriate officer was
informed that section 64(1E)(b)(i) applied.

(3)In sub-paragraph (2) the “appropriate officer” means the officer
investigating the offence for which the person was arrested.

Persons charged etc.

14B(1)40A constable may require a person who falls within section
64A(1D)(b) or (c) to attend a police station to be photographed under
section 64A(1C).

(2)The power under sub-paragraph (1) may not be exercised after the
end of the period of six months beginning with—

(a)in a case where section 64A(1E)(a) applies (photograph not
previously taken), the day on which the person was charged
5or informed that they would be reported, or

(b)in a case where section 64A(1E)(b) applies (photograph taken
on a previous occasion unavailable or inadequate), the day
on which the appropriate officer was informed that section
64A(1E)(b)(i) applied.

(3)10In sub-paragraph (2)(b) the “appropriate officer” means the officer
investigating the offence for which the person was charged or
informed that they would be reported.

Persons convicted of an offence etc. in England and Wales

14C(1)A constable may require a person who falls within section 64A(1F) to
15attend a police station to be photographed under section 64A(1C).

(2)Where section 64A(1G)(a) applies (photographs not previously
taken), the power under sub-paragraph (1) may not be exercised
after the end of the period of two years beginning with—

(a)the day on which the person was convicted or cautioned, or

(b)20if later, the day on which this Part comes into force.

(3)Where section 64A(1G)(b) applies (photograph taken on previous
occasion unavailable or inadequate), the power under sub-
paragraph (1) may not be exercised after the end of the period of two
years beginning with—

(a)25the day on which an appropriate officer was informed that
section 64A(1G)(b)(i) applied, or

(b)if later, the day on which this Part comes into force.

(4)In sub-paragraph (3)(a), “appropriate officer” means an officer of the
police force which investigated the offence in question.

(5)30Sub-paragraphs (2) and (3) do not apply where the offence is a
qualifying offence (whether or not it was such an offence at the time
of the conviction or caution).

Persons convicted of an offence etc. outside England and Wales

14DA constable may require a person falling within section 64A(1H) to
35attend at a police station to be photographed under section 64A(1C).

Multiple exercise of power

14E(1)Where a photograph is taken of a person under section 64A on two
occasions in relation to any offence, the person may not under this
Schedule be required to attend a police station to be photographed
40under that section in relation to that offence on a subsequent
occasion without the authorisation of an officer of at least the rank of
inspector.

(2)Where an authorisation is given under sub-paragraph (1)—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

must be recorded as soon as practicable after it has been given.”

(6)In the italic heading before paragraph 15 (requirement to have power to take
fingerprints or sample), for “or sample” substitute “, sample or photograph”.

(7)5In paragraph 15—

(a)for “or a sample” substitute “, a sample or a photograph”, and

(b)for “or sample”, in both places it occurs, substitute “, sample or
photograph”.

(8)In paragraph 16(2) (date and time of attendance), for “or sample” substitute “,
10sample or photograph”.

53 Power to specify date of attendance at police station for fingerprinting etc

(1)Paragraph 16 of Schedule 2A to the Police and Criminal Evidence Act 1984
(attendance at police station for fingerprinting and taking of samples: date and
time of attendance) is amended as follows.

(2)15For sub-paragraph (1) substitute—

“(1)A requirement under this Schedule—

(a)must direct the person to attend the police station on a
specified date, and

(b)may either direct the person to attend the police station at a
20specified time on that date or direct the person to attend the
police station between specified times on that date.”

(3)In sub-paragraph (2), for “period or time or times of day” substitute “date, time
or times”.

(4)Omit sub-paragraphs (3) and (4).

(5)25In sub-paragraph (5), for “any period within which, or date or time at which,”
substitute “any date, time at which or times between which”.

(6)The amendments made by this section apply only in relation to a requirement
to attend a police station given under Schedule 2A to the Police and Criminal
Evidence Act 1984 after the coming into force of this section.

54 30Application of Police and Criminal Evidence Act 1984 to National Food Crime
Unit of Food Standards Agency

In the Police and Criminal Evidence Act 1984, after section 114B, insert—

“114C Application to National Food Crime Unit of Food Standards Agency

The Secretary of State may by regulations apply any provisions of this
35Act to investigation of offences conducted by officers of the National
Food Crime Unit in respect of search and seizure.”

Search for material relating to human remains

55 Entry and search of premises for human remains or material relating to
human remains

(1)On an application made by a constable, a justice of the peace may issue a
5warrant authorising a constable to enter and search premises if the justice of
the peace is satisfied that the following conditions are met.

(2)The first condition is that there are reasonable grounds for believing that there
is material on the premises mentioned in subsection (5) that consists of, or may
relate to the location of, relevant human remains.

(3)10The second condition is that there are reasonable grounds for believing that the
material does not consist of or include—

(a)items subject to legal privilege,

(b)excluded material, or

(c)special procedure material.

(4)15The third condition is that there are reasonable grounds for believing, in
relation to each set of premises specified in the application—

(a)that it is not practicable to communicate with any person entitled to
grant entry to the premises,

(b)that it is practicable to communicate with a person entitled to grant
20entry to the premises but it is not practicable to communicate with any
person entitled to grant access to the material,

(c)that entry to the premises will not be granted unless a warrant is
produced, or

(d)that the purpose of a search may be frustrated or seriously prejudiced
25unless a constable arriving at the premises can secure immediate entry
to them.

(5)The premises referred to in subsection (2) are—

(a)one or more sets of premises specified in the application (in which case
the application is for a “specific premises warrant”), or

(b)30any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).

(6)If the application is for an all premises warrant, the justice of the peace must
also be satisfied—

(a)35that there are reasonable grounds for believing that it is necessary to
search premises occupied or controlled by the person in question which
are not specified in the application in order to find the material referred
to in subsection (2), and

(b)that it is not reasonably practicable to specify in the application all the
40premises which the person occupies or controls and which might need
to be searched.

(7)The warrant may authorise entry to and search of premises on more than one
occasion if, on the application, the justice of the peace is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose for
45which the justice of the peace issues the warrant.

(8)If the warrant authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

(9)A constable may—

(a)seize and retain anything for which a search has been authorised under
5subsection (1), and

(b)if necessary, use reasonable force in the exercise of a power conferred
by a warrant issued under this section.

(10)The power to issue a warrant conferred by this section is in addition to any
such power otherwise conferred.

(11)10In this section, section 56 and Schedule 6 “relevant human remains” means the
body or any other human remains of—

(a)a person who the constable making the application reasonably believes
to have died in England and Wales but whose death has not been
registered under section 15 of the Births and Deaths Registration Act
151953,

(b)a person whose death has been registered under that Act following an
investigation under section 1(5) of the Coroners and Justice Act 2009, or

(c)a person in respect of whom a declaration has been made under section
2 of the Presumption of Death Act 2013.

(12)20In this section, section 56 and Schedule 6 the following expressions have the
same meaning as in the Police and Criminal Evidence Act 1984—

(a)“items subject to legal privilege” (see section 10 of that Act);

(b)“excluded material” (see section 11 of that Act);

(c)“special procedure material” (see section 14 of that Act);

(d)25“premises” (see section 23 of that Act).

56 Special procedure for access to material relating to human remains

(1)Schedule 6 makes provision for a constable to obtain access to excluded
material or special procedure material that consists of, or relates to the location
of, relevant human remains.

(2)30Section 4 of the Summary Jurisdiction (Process) Act 1881 (which includes
provision for the execution of process of English and Welsh courts in Scotland)
and section 29 of the Petty Sessions (Ireland) Act 1851 (which makes equivalent
provision for execution in Northern Ireland) apply to any process issued by a
judge under Schedule 6 to this Act as they apply to process issued by a
35magistrates’ court under the Magistrates’ Courts Act 1980.

57 Additional seizure powers

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of
seizure to which section 50 of that Act applies), at the end insert—

“Police, Crime, Sentencing and Courts Act 2022

73U40Each of the powers of seizure conferred by section 55(9)(a) of, and
paragraph 11(a) of Schedule 6 to, the Police, Crime, Sentencing and
Courts Act 2022 (seizure in connection with human remains or
material relating to human remains).”

Prisoner custody officers

58 Functions of prisoner custody officers in relation to live link hearings

(1)The Criminal Justice Act 1991 is amended as follows.

(2)Section 80 (arrangements for the provision of prisoner escorts) is amended in
5accordance with subsections (3) to (5).

(3)In subsection (1), after paragraph (b) insert—

“(ba)the custody of prisoners at a police station for any purpose
connected with their participation in a preliminary, sentencing
or enforcement hearing through a live audio link or live video
10link;”.

(4)After subsection (1A) insert—

“(1B)Subsection (1)(ba) applies in relation to prisoners whether the hearing
is yet to take place, is taking place or has taken place.”

(5)In subsection (4), at the appropriate place insert—

• 15““enforcement hearing”, “live audio link”, “live video link”,
  “preliminary hearing” and “sentencing hearing” each has the
  meaning given in section 56(1) of the Criminal Justice Act
  2003;”.

(6)Section 82 (powers and duties of prisoner custody officers) is amended in
20accordance with subsections (7) and (8).

(7)After subsection (4) insert—

“(4A)Subsections (4B) and (4C) apply if a prisoner custody officer acting in
pursuance of prisoner escort arrangements is at a police station for the
purposes of exercising functions under section 80(1)(ba) (custody of
25prisoners in relation to live link proceedings) in relation to a prisoner.

(4B)It is the prisoner custody officer’s duty to give effect to—

(a)any order of the Crown Court under section 142 of the Powers
of Criminal Courts (Sentencing) Act 2000 in relation to the
prisoner, or

(b)30any order of a magistrates’ court under section 80 of the 1980
Act in relation to the prisoner.

(4C)The fact that the prisoner custody officer is exercising, or may exercise,
functions under section 80(1)(ba) in relation to the prisoner does not
prevent a constable from exercising any powers in relation to the
35prisoner that are otherwise available to the constable.”

(8)In subsection (5) for “and (4)” substitute “, (4) and (4B)”.

Proceeds of crime

59 Proceeds of crime: account freezing orders

(1)In section 303Z1 of the Proceeds of Crime Act 2002 (application for account
40freezing order)—

(a)omit subsections (5A) and (5B), and

(b)in subsection (6), at the appropriate place insert—

• ““relevant financial institution” means—

  (a)

  a bank,

  (b)

  a building society,

  (c)

  5an electronic money institution, or

  (d)

  a payment institution.”

(2)In section 316(1) of that Act (general interpretation), in the definition of
“relevant financial institution”, after “303Z1” insert “(6)”.

(3)In section 48 of the Financial Services Act 2021 (extent)— 

(a)10in subsection (1), for “subsections (2) and (3)” substitute “subsection
(2)”, and

(b)omit subsection (3).

(4)In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic
money institutions and payment institutions) omit sub-paragraphs (3) and (4).

15Non-criminal hate incidents

60 Code of practice relating to non-criminal hate incidents

(1)The Secretary of State may issue a code of practice about the processing by a
relevant person of personal data relating to a hate incident.

(2)In this section “hate incident” means an incident or alleged incident which
20involves or is alleged to involve an act by a person (“the alleged perpetrator”)
which is perceived by a person other than the alleged perpetrator to be
motivated (wholly or partly) by hostility or prejudice towards persons with a
particular characteristic.

(3)The provision that may be made by a code of practice under this section
25includes, in particular, provision about—

(a)whether and how personal data relating to a hate incident should be
recorded;

(b)the persons who are to process such personal data;

(c)the circumstances in which a data subject should be notified of the
30processing of such personal data;

(d)the retention of such personal data, including the period for which it
should be retained and the circumstances in which and the procedures
by which that period might be changed;

(e)the consideration by a relevant person of requests by the data subject
35relating to such personal data.

(4)But a code of practice under this section must not make provision about—

(a)the processing of personal data for the purposes of a criminal
investigation, or

(b)the processing of personal data relating to the alleged perpetrator of a
40hate incident at any time after they have been charged with an offence
relating to the hate incident.

(5)A code of practice under this section may make different provision for different
purposes.

(6)A relevant person must have regard to the code of practice that is for the time
being in force under this section in processing personal data relating to a hate
incident.

(7)In this section—

• 5“data subject” has the meaning given by section 3(5) of the Data Protection
  Act 2018;

• “personal data” has the meaning given by section 3(2) of that Act;

• “processing” has the meaning given by section 3(4) of that Act.

(8)In this section “relevant person” means—

(a)10a member of a police force in England and Wales,

(b)a special constable appointed under section 27 of the Police Act 1996,

(c)a member of staff appointed by the chief officer of police of a police
force in England and Wales,

(d)a person designated as a community support volunteer or a policing
15support volunteer under section 38 of the Police Reform Act 2002,

(e)an employee of the Common Council of the City of London who is
under the direction and control of a chief officer of police,

(f)a constable of the British Transport Police Force,

(g)a special constable of the British Transport Police Force appointed
20under section 25 of the Railways and Transport Safety Act 2003,

(h)an employee of the British Transport Police Authority appointed under
section 27 of that Act,

(i)a person designated as a community support volunteer or a policing
support volunteer under section 38 of the Police Reform Act 2002 as
25applied by section 28 of the Railways and Transport Safety Act 2003, or

(j)a National Crime Agency officer.

61 Further provision about a code of practice under section 60

(1)The Secretary of State may not issue a code of practice under section 60 unless
a draft of the code has been laid before and approved by a resolution of each
30House of Parliament.

(2)The Secretary of State may from time to time revise and reissue a code of
practice under section 60.

(3)Before reissuing a code of practice the Secretary of State must lay a draft of the
code as proposed to be reissued before Parliament.

(4)35If, within the 40-day period, either House of Parliament resolves not to
approve the code of practice laid under subsection (3)—

(a)the code is not to be reissued, and

(b)the Secretary of State may prepare another code.

(5)If no such resolution is passed within the 40-day period, the Secretary of State
40may reissue the code of practice.

(6)In this section “the 40-day period” means—

(a)the period of 40 days beginning with the day on which the draft is laid
before Parliament, or

(b)if the draft is not laid before each House on the same day, the period of
40 days beginning with the later of the days on which it is laid before
Parliament.

(7)In calculating the 40-day period no account is to be taken of any period during
5which Parliament is dissolved or prorogued or during which both Houses of
Parliament are adjourned for more than 4 days.

Offences relating to hares etc

62 Increase in penalty for offences related to game etc

(1)Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits
10by night or entering land for that purpose) is amended in accordance with
subsections (2) to (4).

(2)The existing text becomes subsection (1).

(3)In that subsection—

(a)after “conviction” insert “to imprisonment for a term not exceeding 51
15weeks,”, and

(b)for “not exceeding level 3 on the standard scale” substitute “or to both”.

(4)After that subsection insert—

“(2)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
20for certain summary offences: England and Wales), the reference in
subsection (1) to 51 weeks is to be read as a reference to 6 months.”

(5)Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is
amended in accordance with subsections (6) to (8).

(6)The existing text becomes subsection (1).

(7)25In that subsection—

(a)for the words from “conviction”, in the first place it occurs, to “seem
meet”, in the second place it occurs, substitute “summary conviction, be
liable to imprisonment for a term not exceeding 51 weeks, to a fine or
to both”, and

(b)30for “each of the two offences” substitute “the offence”.

(8)After that subsection insert—

“(2)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the reference in
35subsection (1) to 51 weeks is to be read as a reference to 6 months.”

(9)In section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles),
in subsection (1), omit “as one of five or more persons liable under that
section”.

(10)The amendments made by this section have effect only in relation to offences
40committed on or after the day on which this section comes into force.

63 Trespass with intent to search for or to pursue hares with dogs etc

(1)A person commits an offence if they trespass on land with the intention of—

(a)using a dog to search for or to pursue a hare,

(b)facilitating or encouraging the use of a dog to search for or to pursue a
5hare, or

(c)enabling another person to observe the use of a dog to search for or to
pursue a hare.

(2)It is a defence for a person charged with an offence under subsection (1) to
prove that they had a reasonable excuse for the trespass mentioned in that
10subsection.

(3)A person guilty of an offence under subsection (1) is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to
both.

(4)In relation to an offence committed before the coming into force of section
15281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain
summary offences: England and Wales), the reference in subsection (3) to 51
weeks is to be read as a reference to 6 months.

64 Being equipped for searching for or pursuing hares with dogs etc

(1)A person commits an offence if they have an article with them in a place other
20than a dwelling with the intention that it will be used in the course of or in
connection with the commission by any person of an offence under section 63
(trespass with intent to search for or to pursue hares with dogs etc).

(2)Where a person is charged with an offence under subsection (1), proof that the
person had with them any article made or adapted for use in committing an
25offence under section 63 is evidence that the person had it with them with the
intention that it would be used in the course of or in connection with the
commission by any person of an offence under that section.

(3)A person guilty of an offence under subsection (1) is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to
30both.

(4)In relation to an offence committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain
summary offences: England and Wales), the reference in subsection (3) to 51
weeks is to be read as a reference to 6 months.

(5)35In this section—

• “article” includes a vehicle and, except in subsection (2), an animal;

• “dwelling” means—

  (a)

  a building or structure which is used as a dwelling, or

  (b)

  a part of a building or structure, if the part is used as a dwelling,

  40and includes any yard, garden, garage or outhouse belonging to and
  used with a dwelling.

65 Recovery order on conviction for certain offences involving dogs

(1)This section applies where—