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

Part 2 continued    

(a)a person is convicted of an offence within subsection (5) which was
committed on or after the day on which this section comes into force,

(b)a dog was used in or was present at the commission of the offence, and

(c)the dog was lawfully seized and detained in connection with the
5offence.

(2)The court may make an order (a “recovery order”) requiring the offender to
pay all the expenses incurred by reason of the dog’s seizure and detention.

(3)Any sum required to be paid under subsection (2) is to be treated for the
purposes of enforcement as if it were a fine imposed on conviction.

(4)10Where a recovery order is available for an offence, the court may make such an
order whether or not it deals with the offender in any other way for the offence.

(5)The following offences are within this subsection—

(a)an offence under section 1 of the Night Poaching Act 1828 (taking or
destroying game or rabbits by night or entering land for that purpose);

(b)15an offence under section 30 of the Game Act 1831 (trespass in daytime
in search of game etc);

(c)an offence under section 63 (trespass with intent to search for or to
pursue hares with dogs etc);

(d)an offence under section 64 (being equipped for searching for or
20pursuing hares with dogs etc).

66 Disqualification order on conviction for certain offences involving dogs

(1)This section applies where—

(a)a person is convicted of an offence within subsection (9) which was
committed on or after the day on which this section comes into force,
25and

(b)a dog was used in or was present at the commission of the offence.

(2)The court may make an order (a “disqualification order”) disqualifying the
offender, for such period as the court thinks fit, from—

(a)owning dogs,

(b)30keeping dogs, or

(c)both.

(3)The disqualification order may specify a period during which the offender may
not make an application under section 68 to terminate the order.

(4)The court may, where it appears to the court that the offender owns or keeps a
35dog, suspend the operation of the disqualification order for such period as it
thinks necessary for enabling alternative arrangements to be made in respect
of the dog.

(5)Where a court makes a disqualification order, it must—

(a)give its reasons for making the order in open court, and

(b)40cause them to be entered in the register of its proceedings.

(6)A person who breaches a disqualification order commits an offence.

(7)A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(8)Where a disqualification order is available for an offence, the court may make
such an order whether or not it deals with the offender in any other way for the
offence.

(9)The following offences are within this subsection—

(a)5an offence under section 1 of the Night Poaching Act 1828 (taking or
destroying game or rabbits by night or entering land for that purpose);

(b)an offence under section 30 of the Game Act 1831 (trespass in daytime
in search of game etc);

(c)an offence under section 63 (trespass with intent to search for or to
10pursue hares with dogs etc);

(d)an offence under section 64 (being equipped for searching for or
pursuing hares with dogs etc).

(10)In section 171 of the Sentencing Code (offences relating to animals), after
subsection (2) insert—

“(3)15See section 66 of the Police, Crime, Sentencing and Courts Act 2022
(disqualification order on conviction for certain offences involving
dogs) for orders relating to disqualification in the case of offences
involving dogs under that Act, the Night Poaching Act 1828 and the
Game Act 1831.”

67 20Seizure and disposal of dogs in connection with disqualification order

(1)Where, on a court making a disqualification order, it appears to the court that
the person to whom the order applies owns or keeps a dog contrary to the
order, the court may order that the dog be taken into possession.

(2)Where a person is convicted of an offence under section 66(6) by reason of
25owning or keeping a dog in breach of a disqualification order, the court by
which the person is convicted may order that all dogs owned or kept in breach
of the order be taken into possession.

(3)An order under subsection (1) or (2), so far as relating to any dog owned by the
person to whom the disqualification order applies, must make provision for
30disposal of the dog.

(4)Any dog taken into possession in pursuance of an order under subsection (1)
or (2) that is not owned by the person subject to the disqualification order is to
be dealt with in such manner as an appropriate court may order.

(5)But an order under subsection (4) may not provide for the dog to be—

(a)35destroyed, or

(b)disposed of for the purposes of vivisection.

(6)A court may not make an order for disposal of the dog under subsection (4)
unless—

(a)it has given the owner of the dog an opportunity to be heard, or

(b)40it is satisfied that it is not reasonably practicable to communicate with
the owner.

(7)Where a court makes an order under subsection (4) for the disposal of the dog,
the owner of the dog may appeal against the order to the Crown Court.

(8)In this section—

• 45“appropriate court” means—

• (a)

  the magistrates’ court which made the order under subsection
  (1) or (2), or

  (b)

  another magistrates’ court acting for the same local justice area
  as that court;

• 5“disqualification order” has the same meaning as in section 66.

(9)In this section references to disposing of a dog do not include—

(a)destroying it, or

(b)disposing of it for the purposes of vivisection.

68 Termination of disqualification order

(1)10A person who is subject to a disqualification order may apply to an appropriate
court for the order to be terminated.

(2)No application under subsection (1) may be made—

(a)before the end of the period of one year beginning with the date on
which the disqualification order was made,

(b)15where a previous application under that subsection has been made in
relation to the same order, before the end of the period of one year
beginning with the date on which the previous application was
determined, or

(c)before the end of any period specified under section 66(3), or subsection
20(5), in relation to the order.

(3)On an application under subsection (1), the court may—

(a)terminate the disqualification order,

(b)vary the order so as to make it less onerous, or

(c)refuse the application.

(4)25When determining an application under subsection (1), the court is to have
regard to—

(a)the character of the applicant,

(b)the applicant’s conduct since the disqualification order was made, and

(c)any other relevant circumstances.

(5)30Where the court refuses an application under subsection (1) or varies a
disqualification order on such an application, it may specify a period during
which the applicant may not make a further application under that subsection
in relation to the order concerned.

(6)The court may order an applicant to pay all or part of the costs of an
35application.

(7)In this section—

• “appropriate court” means—

  (a)

  the magistrates’ court which made the disqualification order, or

  (b)

  another magistrates’ court acting for the same local justice area
  40as that court;

• “disqualification order” has the same meaning as in section 66.

69 Section 67: supplementary

(1)The court by which an order under section 67 is made may—

(a)appoint a person to carry out, or arrange for the carrying out of, the
order;

(b)require any person who has possession of a dog to which the order
applies to deliver it up to enable the order to be carried out;

(c)5give directions with respect to the carrying out of the order;

(d)confer additional powers (including power to enter premises where a
dog to which the order applies is being kept) for the purpose of, or in
connection with, the carrying out of the order;

(e)order the person who committed the offence in relation to which the
10order was made, or another person, to reimburse the expenses of
carrying out the order.

(2)A person who fails to comply with a requirement imposed under subsection
(1)(b) commits an offence.

(3)A person guilty of an offence under subsection (2) is liable on summary
15conviction to a fine not exceeding level 3 on the standard scale.

(4)Directions under subsection (1)(c) may—

(a)specify the manner in which a dog is to be disposed of, or

(b)delegate the decision about the manner in which a dog is to be disposed
of to a person appointed under subsection (1)(a).

(5)20In determining how to exercise its powers under section 67 and this section the
court is to have regard (amongst other things) to—

(a)the desirability of protecting the value of any dog to which the order
under section 67 applies, and

(b)the desirability of avoiding increasing any expenses which a person
25may be ordered to reimburse.

(6)In determining how to exercise a power delegated under subsection (4)(b), a
person is to have regard, amongst other things, to the things mentioned in
subsection (5)(a) and (b).

(7)If the owner of a dog ordered to be disposed of under section 67 is subject to a
30liability by virtue of subsection (1)(e), any amount to which the owner is
entitled as a result of sale of the dog may be reduced by an amount equal to that
liability.

(8)Any sum ordered to be paid under subsection (1)(e) is to be treated for the
purposes of enforcement as if it were a fine imposed on conviction.

(9)35In this section references to disposing of a dog do not include—

(a)destroying it, or

(b)disposing of it for the purposes of vivisection.

70 Disqualification orders: appeals

(1)Nothing may be done under an order under section 66 or 67 with respect to a
40dog unless—

(a)the period for giving notice of appeal against the order has expired,

(b)the period for giving notice of appeal against the conviction on which
the order was made has expired, and

(c)if the order or conviction is the subject of an appeal, the appeal has been
45determined or withdrawn.

(2)Where the effect of an order is suspended under subsection (1)—

(a)no requirement imposed or directions given in connection with the
order have effect, but

(b)the court may give directions about how any dog to which the order
5applies is to be dealt with during the suspension.

(3)Directions under subsection (2)(b) may, in particular—

(a)authorise the dog to be taken into possession;

(b)authorise the dog to be cared for either on the premises where it was
being kept when it was taken into possession or at some other place;

(c)10appoint a person to carry out, or arrange for the carrying out of, the
directions;

(d)require any person who has possession of the dog to deliver it up for
the purposes of the directions;

(e)confer additional powers (including power to enter premises where the
15dog is being kept) for the purpose of, or in connection with, the carrying
out of the directions;

(f)provide for the recovery of any expenses in relation to the removal or
care of the dog which are incurred in carrying out the directions.

(4)A person who fails to comply with a requirement imposed under subsection
20(3)(d) commits an offence.

(5)A person guilty an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(6)Any sum directed to be paid under subsection (3)(f) is to be treated for the
purposes of enforcement as if it were a fine imposed on conviction.

25Review of offences under section 61 of the Sexual Offences Act 2003

71 Urgent review of offences under section 61 of the Sexual Offences Act 2003

(1)The Secretary of State must establish a review into the prevalence of, and the
response of the criminal justice system to, the offence of administering a
substance with intent under section 61 of the Sexual Offences Act 2003, within
30one month of the day on which this Act is passed.

(2) A review under this section must consider—

(a)incidence rates and rates of reporting by victims;

(b)charging and prosecution rates for the offence;

(c)the adequacy of sentencing guidelines for the offence;

(d)35the adequacy of police investigations into reports of the offence;

(e)reoffending rates, and rates of offenders who commit one or more other
sexual offences following a charge or sentence for administering a
substance with intent;

(f)the impact of the offence on victims.

(3)40A report on the findings of the review under this section, and any associated
recommendations, must be published within six months of the day on which
this Act is passed.

(4)Where a report is published under subsection (3) a Minister of the Crown must
make a statement to each House of Parliament on the contents of the report and
associated recommendations.

(5)Within three months of a report being published under subsection (3) a
5Minister of the Crown must make a statement to each House of Parliament on
action that has been taken in response to recommendations made.

Accountability of public authorities

72 Accountability of public authorities: duties on police workforce

(1)Members of the police workforce have a duty at all times to act within their
10powers—

(a)in the public interest, and

(b)with transparency, candour and frankness.

(2)Members of the police workforce have a duty to assist court proceedings,
official inquiries and investigations—

(a)15relating to their own activities, or

(b)where their acts or omissions are or may be relevant.

(3)In discharging the duty under subsection (2), members of the police workforce
must—

(a)act with proper expedition,

(b)20act with transparency, candour and frankness,

(c)act without favour to their own position,

(d)make full disclosure of relevant documents, material and facts,

(e)set out their position on the relevant matters at the outset of the
proceedings, inquiry or investigation, and

(f)25provide further information and clarification as ordered by a court or
inquiry.

(4)In discharging their duty under subsection (2), members of the police
workforce must have regard to the pleadings, allegations, terms of reference
and parameters of the relevant proceedings, inquiry or investigation, but are
30not limited by them, in particular where they hold information which might
change the ambit of the proceedings, inquiry or investigation.

(5)The duties in subsections (1) and (2) are subject to existing laws relating to
privacy, data protection and national security.

(6)The duties in subsections (1) and (2) are enforceable—

(a)35by application to the relevant court or inquiry chairperson by any
person affected by the alleged breach, or

(b)by the court or inquiry of its own motion, or

(c)where there are no extant court or inquiry proceedings, by judicial
review proceedings in the High Court.

40Offences motivated by hostility based on sex or gender

73 Offences motivated by hostility towards the sex or gender of the victim

(1)In this section—

• “relevant crime” means a reported crime in which—

  (a)

  the victim or any other person perceived the alleged offender,
  at the time of or immediately before or after the offence, to
  demonstrate hostility or prejudice based on sex, or

  (b)

  5the victim or any other person perceived the crime to be
  motivated (wholly or partly) by hostility or prejudice towards
  persons who are of a particular sex;

• “sex” has the same meaning as in section 11 of the Equality Act 2010
  (sex).

(2)10The Secretary of State must make regulations requiring the chief officer of
police of any police force to provide information relating to—

(a)the number of relevant crimes reported to the police force, and

(b)the number of those crimes which, in the opinion of the chief officer of
police, would be subject to subsection (4).

(3)15A court considering the seriousness of an offence arising from a relevant crime
not included in subsection (4) must treat the fact that the offence is aggravated
by hostility or prejudice towards sex or gender as an aggravating factor when
determining a sentence.

(4)Subsection (3) does not apply to—

(a)20an 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),

(b)an offence under the law of England and Wales which is for the time
25being specified in Part 6 of the Domestic Abuse Act 2021, or

(c)an offence under the law of England and Wales which is defined in
section 1 of the Domestic Abuse Act 2021 as “domestic abuse”.

Part 3 Public order

30Public processions and public assemblies

74 Imposing conditions on public processions

(1)Section 12 of the Public Order Act 1986 (imposing conditions on public
processions) is amended as follows.

(2)After subsection (2) insert—

“(2A)35For the purposes of subsection (1)(a), the cases in which a public
procession in England and Wales may result in serious disruption to
the life of the community include, in particular, where—

(a)it may result in a significant delay to the delivery of a time-
sensitive product to consumers of that product, or

(b)40it may result in a prolonged disruption of access to any essential
goods or any essential service, including, in particular, access
to—

(i)the supply of money, food, water, energy or fuel,

(ii)a system of communication,

(iii)a place of worship,

(iv)a transport facility,

(v)an educational institution, or

(vi)a service relating to health.

(2B)5In subsection (2A)(a) “time-sensitive product” means a product whose
value or use to its consumers may be significantly reduced by a delay
in the supply of the product to them.

(2C)For the purposes of subsection (1)(aa), the cases in which the noise
generated by persons taking part in a public procession may result in
10serious disruption to the activities of an organisation which are carried
on in the vicinity of the procession include, in particular, where it may
result in persons connected with the organisation not being reasonably
able, for a prolonged period of time, to carry on in that vicinity the
activities or any one of them.”

(3)15After subsection (11) insert—

“(12)The Secretary of State may by regulations amend any of subsections
(2A) to (2C) for the purposes of making provision about the meaning
for the purposes of this section of—

(a)serious disruption to the activities of an organisation which are
20carried on in the vicinity of a public procession, or

(b)serious disruption to the life of the community.

(13)Regulations under subsection (12) may, in particular, amend any of
those subsections for the purposes of—

(a)defining any aspect of an expression mentioned in subsection
25(12)(a) or (b) for the purposes of this section;

(b)giving examples of cases in which a public procession is or is
not to be treated as resulting in—

(i)serious disruption to the activities of an organisation
which are carried on in the vicinity of the procession, or

(ii)30serious disruption to the life of the community.

(14)Regulations under subsection (12)—

(a)are to be made by statutory instrument;

(b)may apply only in relation to public processions in England and
Wales;

(c)35may make incidental, supplementary, consequential,
transitional, transitory or saving provision, including provision
which makes consequential amendments to this Part.

(15)A statutory instrument containing regulations under subsection (12)
may not be made unless a draft of the instrument has been laid before
40and approved by a resolution of each House of Parliament.”

75 Offences under sections 12 and 14 of the Public Order Act 1986

(1)The Public Order Act 1986 is amended as follows.

(2)Section 12 (imposing conditions on public processions) is amended in
accordance with subsections (3) to (6).

(3)45In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(4)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)5omit “knowingly”.

(5)After subsection (5) insert—

“(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public procession in England and Wales, at the
time the person fails to comply with the condition the person
10knows or ought to know that the condition has been imposed;

(b)in the case of a public procession in Scotland, the person
knowingly fails to comply with the condition.”

(6)For subsections (8) to (10) substitute—

“(8)A person guilty of an offence under subsection (4) is liable on summary
15conviction—

(a)in the case of a public procession in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
20for a term not exceeding 3 months or a fine not exceeding level
4 on the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary
conviction—

(a)in the case of a public procession in England and Wales, to a fine
25not exceeding level 4 on the standard scale;

(b)in the case of a public procession in Scotland, to a fine not
exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)30in the case of a public procession in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
for a term not exceeding 3 months or a fine not exceeding level
354 on the standard scale or both.

(10A)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 references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
40to 6 months.”

(7)Section 14 (imposing conditions on public assemblies) is amended in
accordance with subsections (8) to (11).

(8)In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)45omit “knowingly”.

(9)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(10)After subsection (5) insert—

“(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)5in the case of a public assembly in England and Wales, at the
time the person fails to comply with the condition the person
knows or ought to know that the condition has been imposed;

(b)in the case of a public assembly in Scotland, the person
knowingly fails to comply with the condition.”

(11)10For subsections (8) to (10) substitute—

“(8)A person guilty of an offence under subsection (4) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
15exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 4 on
the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary
20conviction—

(a)in the case of a public assembly in England and Wales, to a fine
not exceeding level 4 on the standard scale;

(b)in the case of a public assembly in Scotland, to a fine not
exceeding level 3 on the standard scale.

(10)25A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)30in the case of a public assembly in Scotland, to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 4 on
the standard scale or both.

(10A)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
35for certain summary offences: England and Wales), the references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
to 6 months.”

(12)Subsections (6) and (11) apply only in relation to offences committed on or after
the day on which this section comes into force.

40Palace of Westminster, Parliament Square etc

76 Obstruction of vehicular access to Parliament

(1)Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament
Square etc) is amended as follows.