Correspondence

Circular 005/2022: Police, Crime, Sentencing and Courts Act 2022

Updated 21 June 2022

Introduction

1. This circular is issued to inform the police and other relevant public authorities, of certain provisions of the Police, Crime, Sentencing and Courts Act 2022 (“the Act”), which come into force from 12 May 2022 to 1 August 2022. This circular does not constitute legal advice. It is not a statement of law and is not intended to provide a comprehensive description or interpretation of the provisions. The circular should be read alongside the Act and the accompanying explanatory notes.

2. Unless otherwise indicated, the provisions discussed in this circular extend to England and Wales only.

Background

3. The Act received Royal Assent on 28 April 2022. The Act itself provides for certain provisions to come into force either on Royal Assent or two months after Royal Assent. The Minister for Crime, Policing and Probation has also now made the Police, Crime, Sentencing and Courts Act (Commencement No. 1 and Transitional Provision) Regulations 2022 bringing certain other provisions into force between 12 May and 1 August 2022. This circular details relevant provisions for which a commencement date has been set. The remaining provisions will be commenced by regulations in due course.

4. In December 2019, the Government was elected with manifesto commitments to make the country safer by empowering the police and courts to take more effective action against crime and lead “a fair justice system”. This included specific commitments to; enshrine “the Police Covenant into law”; “pass the Police Protection Bill”; and introduce “a new court order to target known knife carriers, making it easier for officers to stop and search those convicted of knife crime”.

5. On courts and sentencing, the manifesto included commitments to; empower the courts to address crime; ensure “a fair justice system” by introducing “tougher sentencing for the worst offenders and [ending] automatic halfway release from prison for serious crimes”; toughen “community sentences, for example by strengthening curfews and making those convicted do more hours of community payback”; and “turn people away from crime and end the cycle of reoffending”.

6. The Act contains a number of measures which support the delivery of those commitments.

Police Covenant

Section 1: Police covenant report (commencement date: 28 June 2022)

Contact: Iain Barton (Iain.Barton@homeoffice.gov.uk)

7. Section 1 creates a new duty for the Secretary of State, in each financial year, to prepare a police covenant report, and lay it before Parliament. The first report will cover the financial year 2022/23 and will be laid before Parliament in spring 2023.

8. Subsection (2) sets out the substantive areas on which the report must focus, namely the health and wellbeing and physical protection of members and former members of the police workforce, and support for their families. The report must address those issues insofar as they relate to individuals’ current or previous role in the police workforce.

9. Subsection (3) requires that, in putting together the police covenant report, the Secretary of State must have regard in particular to the sacrifices made by and obligations imposed on members of the police workforce and have regard to the desire to remove any disadvantage that members and former members of the police workforce may experience as a result of their role.

10. Under subsection (4), in preparing the report the Secretary of State must ensure the views of other relevant Government departments and anyone else deemed appropriate by the Secretary of State are sought, and, under Section 1(5), either set out in full or summarised. Key policing networks and national organisations will be consulted throughout the development of the Covenant and the annual report. Chief Constables will be expected to support the Covenant by noting the annual report and recommendations or guidance provided to forces to support the welfare of officers, staff and volunteers.

11. Subsection (9) defines terms for the purpose of this section, including ‘members of the police workforce’ which includes for these purposes members of police forces in England Wales, special constables appointed under section 27 of the Police Act 1996; staff appointed by the chief officer of police of a police force in England and Wales and persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002 (the “2002 Act”).

12. It also includes constables and special constables (appointed under section 25 of the Railways and Transport Safety Act 2003 (the “2003 Act”)) of the British Transport Police Force; employees of the British Transport Police Authority appointed under section 27 of the 2003 Act and under the direction and control of the Chief Constable of the British Transport Police Force; persons designated as community support volunteer or policing support volunteers under s.38 of the 2002 Act as applied by section 28 of the 2003 Act.

13. In addition, it includes members of the Civil Nuclear Constabulary; employees of the Civil Nuclear Police Authority employed under paragraph 6 of Schedule 10 of the Energy Act 2004 if, or to the extent that they are employed to assist the Civil Nuclear Constabulary; members of the Ministry of Defence Police and other persons under the direction and control of the Chief Constable of the Ministry of Defence Police; and National Crime Agency officers.

14. It also makes clear that ‘former members of the police workforce’ means persons who have ceased to be members of the police workforce and that the reference to ‘members of the families of members and former members of the police workforce’ in subsection (2) means such descriptions of persons connected with members or former members of the police workforce as the Secretary of State considers should be covered by the report.

Offences against emergency workers

Section 2: increase in penalty for assaults on emergency worker (commencement date: 28 June 2022)

Contact: Julia Brzozowska (Julia.brzozowska@justice.gov.uk) and Andy Jonathan (andrew.jonathan@justice.gov.uk)

15. Section 2 amends section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (“the 2018 Act) to increase the maximum penalty for the offence of common assault and battery, when committed against an emergency worker, from 12 months to 2 years’ imprisonment.

16. The definition of an ‘emergency worker’ is set out in section 68 of the Sentencing Act 2020 and section 3 of the 2018 Act. It includes police constables, others with the powers of a constable, those employed for police purposes and those engaged to provide services for police purposes.

Section 3: Required life sentence for manslaughter of emergency worker (“Harper’s Law”) (commencement date: 28 June 2022)

Contact: Lyndsey Lancaster (Lyndsey.lancaster@justice.gov.uk)

17. Section 3 extends mandatory life sentences to those convicted of the unlawful act manslaughter of an emergency worker who was acting in the exercise of their functions as such a worker. An emergency worker is defined by reference to section 68 of the Sentencing Act 2020, which adopts the same definition as that set out in the 2018 Act.

18. This measure only applies to offenders convicted of unlawful act manslaughter, meaning that there has to have been an unlawful act (i.e. a criminal offence) which was intentionally performed in circumstances that render it dangerous, and the emergency worker’s death is the result of said act. It will also contain a judicial discretion to disapply the life sentence and impose an alternative sentence, in exceptional circumstances. It will apply to 16- and 17-year-olds and adult offenders.

19. The provisions in sections 2 and 3 will apply for emergency workers who are acting in the course of their functions. This will mean that they can apply to instances where the offence takes place when an emergency worker is not at work or ‘on duty’ but is carrying out functions which, if carried out during work hours, would have been considered ‘in the exercise of functions as an emergency worker’. For example, an off-duty police officer who apprehends an armed robber.

Special constables and the police federation

Section 4: Special constables and Police Federations (commencement date: 28 June 2022)

Contact: SpecialConstabularyEnquiries@homeoffice.gov.uk

20. Section 4 amends sections 59 and 60 of the Police Act 1996 to allow the Police Federation to represent special constables in the same way that they do regular constables. This allows special constables to join the Police Federation as members, enabling them access to the same support and representation as constables.

Sexual offences

Section 46: Arranging or facilitating commission of a child sex offence (commencement date: 28 June 2022)

Contact: Sophie Furniss (Sophie.Furniss@homeoffice.gov.uk)

21. Section 46 expands section 14 of the Sexual Offences Act 2003 to include offences against children under the age of 13. Section 14 of the Sexual Offences Act 2003 relates to arranging or facilitating the commission of a child sex offence, and The criminal offence covered by section 14 of the Sexual Offences Act 2003 is the arranging or facilitating of the activity. This means that even where no activity takes place, an offence has still been committed when such activity has been arranged or facilitated by an offender. Furthermore, section 14 can be applied regardless of whether the child exists or not, for example if an individual targets a fictitious child who is an undercover police officer pursuing online child sex offenders.

22. Previously, section 14 only included sections 9 to 13 of the 2003 Act (rape and other offences against children under 16) within its remit. Through the Act, sections 5 to 8 (rape and other offences against children under 13) will also come under the scope of section 14. This amendment ensures that individuals who target children under the age of 13 are sentenced appropriately, based on the severity of the crime they committed.

Section 47: Positions of trust (commencement date: 28 June 2022)

Contact: Eleanor Nicholls (Eleanor.nicholls@justice.gov.uk) / Dave Pearson (dave.pearson@justice.gov.uk)

23. Section 47 inserts a new section 22A into the Sexual Offences Act 2003 (“the 2003 Act”), creating further “positions of trust” for the purposes of the offences set out in sections 16 to 19 of the 2003 Act.

24. This new section sets out additional circumstances in which person (A) will be in a position of trust in relation to person (B), for the purposes of section 16-19 the 2003 Act, namely, that A must knowingly coach, teach, train, supervise or instruct B on a regular basis in a sport or a religion (section 22A(1)(a)). Read together with the offences in sections 16 to 19, A must be aged 18 or over, and B must be under the age of 18.

25. The effect of the new section 22A is that the existing ‘position of trust’ offences will extend to situations where A is in a position of trust by virtue of, for example, being the sports coach of a particular individual aged under 18. This means that it will be an offence for a person (A) to enter into a sexual relationship, or engage in certain other sexual activities, with a young person (B) where they knowingly coach, teach, train, supervise or instruct B on a regular basis in a sport or a religion.

26. The new section 22A defines ‘sport’ as including “any game in which physical skill is the predominant factor, and any form of physical recreation which is also engaged in for purposes of competition or display”; and ‘religion’ as including any religion “which involves belief in more than one god or a religion which does not involve belief in a god.”

27. The maximum penalty for conviction of a ‘position of trust’ offence is six months’ imprisonment, a fine, or both on summary conviction; or five years’ imprisonment on conviction on indictment. The maximum penalty on summary conviction will increase to 12 months’ imprisonment for offences committed after the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020.

28. The position of trust offences continue to attract automatic anonymity for victims under the Sexual Offences (Amendment) Act 1992. Further, where certain criteria are met, offenders who are convicted of an offence under sections 16 to 19 of the 2003 Act will be subject to the notification requirements of Part 2 of the 2003 Act.

Section 48: Voyeurism: breast-feeding (commencement date: 28 June 2022)

Contact: Eleanor Nicholls (Eleanor.nicholls@justice.gov.uk) / Dave Pearson (dave.pearson@justice.gov.uk)

29. Section 48 amends section 67A of the Sexual Offences Act 2003, to include two new criminal offences (at section 67(2A) and (2B)) of breastfeeding voyeurism.

30. Section 67(2A) captures a person (A) who operates equipment with the intention of enabling themselves or another person (C) to observe a person (B) at a time when they are breast-feeding a child, without that person’s consent or a reasonable belief that they consent.

31. Section 67(2B) captures a person (A) who records an image of another person (B) breast-feeding a child with the intention that they or a third person (C) will look at that image for a specified purpose, without the breastfeeding person’s consent or a reasonable belief that they consent.

32. To be guilty of the offences the perpetrator must be acting for the purpose of obtaining sexual gratification (whether for themselves, or a third person) or of humiliating, alarming or distressing the victim.

33. For the purposes of the offences it is irrelevant whether the victim is in a public place or whether their breasts are exposed whilst breast-feeding the child and any references to breast-feeding include rearranging the victim’s clothing whilst preparing to breastfeed or having just finished breast-feeding the child.

34. Both offences attract the same maximum penalty as the existing “voyeurism“ offences at sections 67 and 67A of the Sexual Offences Act 2003: six months’ imprisonment, an unlimited fine, or both on summary conviction, or on conviction on indictment, two years’ imprisonment, an unlimited fine or both.

35. The new offences will attract automatic anonymity for victims under the Sexual Offences (Amendment) Act 1992 and where certain criteria are met, the offender will be subject to the notification requirements of Part 2 of the 2003 Act.

Domestic abuse

Section 49: Time limit for prosecution of common assault or battery in domestic abuse cases (commencement date: 28 June 2022)

Contact: Catherine Kemp (catherine.kemp@Justice.gov.uk)

36. Section 49 amends the Act to introduce a new section 39A into the Criminal Justice Act 1988, to disapply the time limit for bringing a prosecution set out in section 127(1) of the Magistrates’ Courts Act 1980 for cases of common assault or battery where the alleged behaviour of the accused amounts to domestic abuse (as defined by section 1 of the Domestic Abuse Act 2021). This changes the current six-month prosecution time limit for such cases, so that it will in future begin from the date the alleged offence is formally reported to the police through either a witness statement or a video recording made with a view to its use as evidence, rather than from the date of the alleged offence as is currently the case (or from the time of any initial report to the police (e.g. a 999 call)). This will be subject to an overall time limit of a prosecution being commenced within two years of the alleged offence occurring.

Search for material relating to human remains

Sections 55 to 57 and Schedule 6: Entry and search of premises for human remains or material relating to human remains (commencement date: 28 June 2022)

Contact: Samantha Newsham (Samantha.Newsham@homeoffice.gov.uk)

37. Section 8 of the Police and Criminal Evidence Act 1984 (“PACE”) gives police powers to enter and search specified premises, and seize evidence, subject to application to a judge for a warrant. In order for a warrant to be granted, the judge must be satisfied that there are reasonable grounds to believe that an indictable offence has been committed, and that there is material on the premises that is likely to be both relevant and of substantial value to the investigation of that offence. They must also be satisfied that it is not practicable to communicate with individuals able to grant entry to the premises or evidence, that entry will not be granted without a warrant or that the purpose of the search might be frustrated or prejudiced without immediate entry to the premises.

38. However, in some circumstances this has meant police have been unable to obtain warrants for material that may relate to the location of human remains, for example of suspected homicide victims where the alleged perpetrator is deceased and so cannot be charged with a criminal offence. Sections 50 to 52 of and Schedule 6 to the Act build on the existing law and widen the circumstances in which a search warrant or production order can be applied for in relation to material relating to the location of human remains. This could also cover scenarios such as missing persons cases or suicides where there is no indication criminal behaviour has taken place.

39. These provisions have been designed to mirror, as far as is possible, provisions for obtaining search warrants and production orders set out in Section 8 of and Schedule 1 to PACE.

40. Section 50 of the Act enables a justice of the peace in England and Wales to issue a search warrant, on an application by a constable, authorising an officer to enter and search premises if:

• there are reasonable grounds for believing that the premises contain relevant human remains or material that may relate to the location of relevant human remains;

• there are reasonable grounds for believing that the material does not consist of or include items subject to legal privilege, excluded material, or special procedure material; and

• in respect of each set of premises set out in the application, it is not practicable to speak to a person entitled to either grant entry to the premises or access to the material; that entry will not be granted without a warrant being produced or that there is a risk that, unless a constable can gain immediate access to the premises, the purpose of the search will be frustrated or seriously prejudiced. This could cover a situation, for example, where there is a concern that, in the absence of a warrant, the material in question might be destroyed or removed.

41. The application may refer either to one or more sets of specified premises (a “specific premises warrant”) or any premises occupied or controlled by a specified person (an “all premises warrant”). The issued warrant may, if the justice of the peace believes it necessary, grant access to premises on multiple occasions. The police may seize and retain anything found under the search warrant and, if necessary, use reasonable force to execute a warrant. The power to issue a warrant under this section is in addition to any other existing power to issue a search warrant.

42. Where an order is made requiring information which is stored electronically to be produced to a constable, it must be produced in a form that can be taken away, and is either visible and legible, or can readily be made so. Any information or material taken away can be retained for as long as necessary. A constable seizing evidence under these powers is required to follow the provisions laid out in sections 21 and 22 of PACE which relate to the retention of evidence.

43. Once notice has been served on an individual in respect of given material, they may not hide, destroy, dispose of or alter that material without leave from a judge or written permission from a constable, until such time as the application has either been dismissed or abandoned or the individual in question has complied with the order made in respect of that the application. Failure to comply with an order may be dealt with by a judge as if it were a contempt of court.

44. Section 51 introduces Schedule 6 into the Act which allows officers to apply to access excluded material or special procedure material that either constitutes, or relates to the location of, relevant human remains, subject to certain conditions. This section replicates as far as possible section 9 (2A) of PACE.

45. Section 52 amends Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001, to make clear that section 50 of that Act, ‘seize and sift’ powers, applies to the powers of seizure conferred by Section 50 or Schedule 6 of this Act.

46. In practical terms, a constable wishing to exercise these powers should make an application to the courts using the standard search warrant application form under sections 15 and 16 of PACE^{[footnote 1]}.

Hare coursing

Contact: rural.impacts@defra.gov.uk

Sections 62 to 70: Offences relating to hares etc (commencement date: 1 August 2022)

47. Following the Government’s commitment in its Action Plan for Animal Welfare to crack down on illegal hare coursing, this new legislation aims to bear down further on this activity by broadening the circumstances in which the police can investigate and bring charges and by increasing the powers of the courts for dealing with this activity upon conviction.

48. Preparations are in hand to bring these all of these measures into force on 1 August 2022 ahead of the start of the next hare coursing season. As part of that work, Operation Galileo, the national policing initiative jointly led by Lincolnshire Police and the National Wildlife Crime Unit, is preparing detailed operational guidance on the use of these measures.

Section 62: Increase in penalty for offences related to poaching for game

49. Section 62:

• Increases the maximum penalty available on conviction for an offence under section 1 of the Night Poaching Act 1828 to a fine of any amount and/or a six month custodial sentence;

• Increases the maximum penalty available on conviction for an offence under section 30 of the Game Act 1831 to a fine of any amount and/or a six month custodial sentence;

• Provides that these maximum penalties apply irrespective of the number of persons convicted for a particular offence.

50. Subsection (9) amends section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles) so that the court may now order forfeiture of a vehicle upon conviction for an offence under section 30 of the Game Act 1831 where fewer than 5 people are involved in committing that offence.

51. Subsection (10) provides that these amendments do not have retrospective effect and apply only to offences committed on or after the date when the section comes into force.

Section 63: Trespass with intent to search for or pursue hares with dogs

52. Section 63 creates new offences relating to trespassing on land with the intention of using a dog to search for or to pursue hares.

53. Subsection (1) makes it an offence to trespass on land with the intention of (a) using a dog to search for or pursue a hare; (b) facilitating or encouraging the use of a dog to search for or pursue a hare; or (c) enabling another person to observe the use of a dog to search for or pursue a hare.

54. Subsection (2) provides the defence of proving reasonable excuse for the trespass.

55. Subsections (3) and (4) set the maximum penalty for the offence as a fine of any amount and/or a custodial sentence of six months.

Section 64: Being equipped for searching for or pursuing hares with dogs

56. Section 64 makes it an offence for a person to have an article with them in a place other than 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 62.

57. Subsection (1) makes it an offence for a person to have an article with them in a place other than 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 62 above.

58. Subsection (2) provides that proof that a person has with them an article made or adapted for use in committing the offence at subsection (1) constitutes evidence that they had it with them intending to use it in the course of or in connection with committing that offence.

59. Subsections (3) and (4) set the maximum penalty for the offence created under subsection (1) as a fine of any amount and/or a custodial sentence of six months.

60. Subsection (5) defines what is an animal and what is a dwelling for the purposes of the offence.

Section 65: Recovery order on conviction for certain offences involving dogs

61. Section 65 introduces a new power for the court to order, upon conviction for certain offences, that the offender should reimburse all expenses incurred as a result of the police seizing and detaining a dog in connection with a specified offence. Guidance on the operation of such orders is being prepared.

62. Subsection (1) outlines the circumstances in which an order may be made. The power for the court to make such an order applies where the dog was used in or present at the commission of the offence and the dog was lawfully seized and detained in connection with the offence.

63. Subsection (2) provides the court may make an order that requires the offender to pay all of the expenses incurred as a result of the dog’s seizure and detention.

64. Subsection (3) provides that the sum required to be paid is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

65. Subsection (4) provides that a recovery order can be made whether or not the court also deals with the offender in another way.

66. Subsection (5) specifies the offences where a recovery order can be made upon conviction. These are:

• section 1 of the Night Poaching Act 1828,

• section 30 of the Game Act 1831

• section 63 of the Police, Crime, Sentencing and Courts Act 2022 (trespass with intent to search for or pursue hares with dogs); and

• section 64 of the Police, Crime, Sentencing and Courts Act 2022 (being equipped for searcencahing for or pursuing hares with dogs)

Section 66: Disqualification order on conviction for certain offences involving dogs

67. Section 66 provides for a court to make a disqualification order preventing an offender from owning or keeping a dog where he is convicted of certain offences, namely:

• section 1 of the Night Poaching Act 1828;

• section 30 of the Game Act 1831;

• the new criminal offence of trespass with intent to search for or to pursue hares with dogs etc set out in section 63 of the Act;

• the new criminal offence of being equipped for searching for or pursuing hares with dogs etc set out in section 64 of the Act.

Guidance on the operation of such orders is being prepared.

68. Subsection (1) provides that a disqualification order can be made where a dog was used in or was present at the commission of the relevant offence.

69. Subsection (2) provides that the court can make a disqualification order for such period as it thinks fit while subsection (3) provides that the order may specify a period during which the offender may not seek to terminate it.

70. Subsection (4) provides that the operation of the order can be suspended if needed to enable alternative arrangements to be made in relation to the dog.

71. Subsection (5) requires that the court should give its reasons in open court for making a disqualification order and cause those reasons to be registered in the register of its proceedings.

72. Subsections (6) and (7) make it an offence to breach a disqualification order and set the maximum penalty for such an offence as a fine not exceeding level 3 on the standard scale.

73. Subsection (8) provides that a disqualification order can be made whether or not the court also deals with the offender in another way.

Section 67: Seizure and disposal of dogs in connection with disqualification order

74. Section 67 makes provision for the court to order a dog to be taken into possession in connection with a disqualification order made under section 66 above.

75. Subsection (1) provides that when making a disqualification order, if it appears to a court the person subject to the order owns or keeps a dog contrary to that order, the court may order the dog to be taken into possession.

76. Subsection (2) provides that a court may also order dogs to be taken into possession when owned or kept in breach of a disqualification order, upon conviction for breach of such an order.

77. Subsection (3) requires that where an order is made for a dog to be taken into possession, and the person subject to that order owns the dog, the order must make provision for disposal of the dog.

78. Subsection (4) provides that where a dog ordered to be taken into possession is not owned by the person subject to the disqualification order, it is to be dealt with in a way ordered by the appropriate court.

79. Subsection (5) provides that a dog taken into possession cannot be ordered to be destroyed or disposed of for the purposes of vivisection.

80. Subsection (6) requires that, before a court makes an order for disposal of a dog under subsection (4), it must give the owner of the dog the opportunity to be heard or be satisfied it is not reasonably practicable to communicate with the owner.

81. Subsection (7) provides that where the order for possession is made against a person who is not the owner, the owner may appeal against the order to the Crown Court.

Section 68: Termination of disqualification order

82. Section 68 provides arrangements for a person subject to a disqualification order to apply for termination of that order.

83. Subsection (1) provides that a person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.

84. Subsection (2) sets out the timescales within which an application to terminate a disqualification order can be made.

85. Subsection (3) sets out how the court can respond to a termination application. The court may terminate the order; vary the order; or refuse the application.

86. Subsection (4) sets out what the court must have regard to in determining an application.

87. Subsection (5) provides that where a court refuses an application to terminate a disqualification order or varies the order it may specify a period during which a further application cannot be made.

88. Subsection (6) provides that a court may order an applicant to pay all or part of the costs of an application.

Section 69: Supplementary

89. Section 69 contains supplementary provisions in relation to the court making an order for the seizure and disposal of dogs in connection with a disqualification order.

90. Subsection (1) sets out the court’s powers in relation to carrying out an order for the seizure and disposal of dogs.

91. Subsection (2) makes it an offence to fail to comply with a court requirement for a person who has possession of a dog to which the order applies to deliver it up so that the order can be carried out. Under subsection (3), this offence carries a maximum penalty of a level 3 fine.

92. Subsection (4) sets out what the court’s directions for carrying out the order may cover while subsection (5) sets out what the court must have regard to in exercising its powers to order the seizure and disposal of dogs in connection with a disqualification order. Subsection (6) requires a person to whom the court has delegated a decision about how to dispose of a dog to have regard to the same things.

93. Subsection (7) provides that any amount to which the owner of a dog is entitled as a result of its sale may be reduced to account for any expenses they are liable to pay for carrying out the seizure and disposal order.

94. Subsection (8) provides that any such sum the person is required to pay is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Section 70: Disqualification orders: appeals

95. Section 70 provides for appeals against disqualification orders and orders for seizure and disposal in connection with a disqualification order.

96. Subsection (1) suspends the effect of an order until the periods for giving notice of appeal against the order and conviction have expired or any such appeal has been determined or withdrawn.

97. Subsection (2) sets out what can happen where the effect of an order is suspended under subsection (1). It provides that the court can give directions about how any dog to which the order applies is to be dealt with during the suspension. Subsection (3) gives details of what such directions could be.

98. Subsections (4) and (5) provide that failure to deliver up a dog as directed under these provisions will be an offence punishable on conviction by a level 3 fine.

99. Subsection (6) provides that any sum directed to be paid in relation to the costs of removal or care of the dog, incurred in carrying out the directions of the court about how a dog is to be dealt with during the suspension, is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Public order

Contact: PolicePowersUnit@homeoffice.gov.uk

100. The College of Policing will, later this year, update its authorised professional practice on public order to take account of the provisions in Part 3 of the Act.

Section 73: Imposing conditions on public processions (commencement date: 28 June 2022)

101. Section 12 of the Public Order Act 1986 (“the 1986 Act”) provides that if the senior police officer, having regard to various factors, reasonably believes that a public procession:

a) may result in:

i. serious public disorder,

ii. serious damage to property,

iii. or serious disruption to the life of the community,

b) or the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,

the senior police officer may give directions imposing on the persons organising or taking part in the procession such conditions as appear to them necessary to prevent such disorder, damage, disruption or intimidation. Such directions can include conditions as to start and finish times, route and the size of processions.

102. Section 73 amends section 12(1) of the 1986 Act allowing a senior police officer additionally to impose conditions on a public procession where they reasonably believed the noise generated by that procession may result in serious disruption to the activities of an organisation in the vicinity, or have a significant, relevant impact on people in the vicinity.

103. New section 12(2D) defines a relevant impact for the purposes of section 12(1) where the noise generated by a procession may result in the intimidation or harassment of persons of reasonable firmness or may cause such persons to suffer alarm or distress. New section 12(2E) sets out that the senior police officer must have regard to the number of people who may experience a relevant impact and the likely duration and intensity of that impact when considering whether it is significant.

104. New section 12(2A) makes provision about when a procession may result in serious disruption to the life of the community. This includes where the procession may significantly delay the delivery of a time-sensitive product to consumers or may result in prolonged disruption of access to any essential goods or services listed in new section 12(2A)(b). New section 12(2B) defines time-sensitive product as a product whose value or use to its consumers may be significantly reduced by a delay in the supply of a product to them. New section 12(2C) provides that cases where noise may result in serious disruption to the activities of an organisation in the vicinity include where the procession may result in persons connected with the organisation not being reasonably able to carry out any one of their activities for a prolonged period of time. New section 12(12)-(15) enables the Secretary of State to amend section 12(2A) to (2C) by regulations.

Section 74: Imposing conditions on public assemblies (commencement date: 28 June 2022)

105. Section 14 of the 1986 Act provides that if the senior police officer, having regard to various factors, reasonably believes that a public assembly:

a) may result in:

iv. serious public disorder,

v. serious damage to property, or

vi. serious disruption to the life of the community.

b) or the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

the senior police officer may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to them necessary to prevent such disorder, damage, disruption or intimidation.

106. New section 14(1A) of the 1986 Act (inserted by section 74 of the PCSC Act) enables a senior police officer to impose any conditions on a public assembly in England and Wales as appear necessary to prevent the disorder, damage, disruption, impact or intimidation (aligning the conditions police can impose on assemblies with those they can impose on processions). This change aligns the existing powers to impose conditions on a public procession and assembly.

107. Section 74 additionally amends section 14(1) of the 1986 Act to enable a senior police officer to impose conditions on a public assembly where it is reasonably believed the noise generated by that assembly may result in serious disruption to the activities of an organisation in the vicinity, or have a significant, relevant impact on people in the vicinity.

108. New section 14(2D) defines a relevant impact for the purposes of section 14(1) where the noise generated by an assembly may result in the intimidation or harassment of persons of reasonable firmness or may cause such persons to suffer alarm or distress. New section 14(2E) sets out that the senior police officer must have regard to the number of people who may experience a relevant impact and the likely duration and intensity of that impact when considering whether it is significant.

109. New section 14(2A) makes provision about when an assembly may result in serious disruption to the life of the community. This includes where the assembly may significantly delay the delivery of a time-sensitive product to consumers or may result in prolonged disruption of access to any essential goods or services listed in section 14(2A)(b). New section 14(2B) defines time-sensitive product as a product whose value or use to its consumers may be significantly reduced by a delay in the supply of a product to them. New section 14(2C) provides that cases where noise may result in serious disruption to the activities of an organisation in the vicinity include, in particular, where the assembly may result in persons connected with the organisation being not being reasonably able to carry out any one of their activities for a prolonged period of time. New section 14(11)-(14) enables the Secretary of State to amend section 14(2A) to (2C) by regulations.

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

110. Section 75 further amends sections 12 and 14 of the 1986 Act. Subsections 12(4) and 14(4) of the 1986 Act make it an offence for an organiser of a procession or assembly to knowingly fail to comply with police conditions. Sections 12(5) and 14(5) make it an offence for an attendee at a procession or assembly to knowingly fail to comply with police conditions, while sections 12(6) and 14(6) make it an offence for someone to incite an attendee of a procession or assembly to knowingly fail to comply with police conditions.

111. Section 75(3) to (5) amend section 12 of the 1986 Act lowering the fault element of the above offences from “knowingly fails to comply” to “ought to have known about the conditions they fail to comply with” insofar as that section applies to England and Wales. Section 75(8) to (10) make the same changes to section 14 of the 1986 Act. POA.

112. Section 75 also increases the penalties for the offences detailed above in England and Wales. The maximum sentence for an organiser of a procession or assembly who fails to comply with conditions is increased to six months’ imprisonment, level 4 fine, or both. The maximum sentence for an attendee of a procession or assembly who fails to comply with conditions is increased to a level 4 fine.

113. The maximum penalty for the offence of inciting an attendee of a procession or assembly to fail to comply with conditions is increased, in England and Wales, to six months’ imprisonment, a level 4 fine, or both.

114. These changes to the offences in sections 12 and 14 of the 1986 Act only apply to offences committed on or after the day section 75 comes into force (that is, 28 June 2022).

Section 76: Obstruction of vehicular access to Parliament (commencement date: 28 June 2022)

115. This section is only relevant to the Metropolitan Police and amends Part 3 of the Police Reform and Social Responsibility Act 2011 (PRSRA) which provides powers in relation to prohibited activity in the controlled areas of Parliament Square and of the Palace of Westminster, defined in sections 142 and 142A of the PRSRA respectively.

116. Subsection (2) amends section 142A of the PRSRA, extending the controlled area around the Palace of Westminster to include Canon Row, Parliament Street, Derby Gate, and Parliament Square, and the stretch of Victoria Embankment between Bridge Street and Richmond Terrace.

117. Subsection (3) amends section 143 of the PRSRA, adding the obstructing of the passage of a vehicle into or out of the Parliamentary Estate to the list of prohibited activities in the controlled area. Section 143 provides that police officers may give a direction to someone to stop, or not start, doing a prohibited activity (such as setting up sleeping equipment) in a controlled area. Activity is not prohibited if it is done for police, fire and rescue or ambulance purposes or by or on behalf of a relevant person. Section 143(5), which list Ministers, Government Departments, the Greater London Authority and Westminster City Council as relevant persons, is amended to add members of the House of Lords and Commons staff to the list.

118. Subsections (4) and (5) provide that the extension of the Palace of Westminster controlled area does not affect directions, orders, or authorisations made or given in relation to that area before this Section comes into force, which will continue to apply in relation to the Palace of Westminster controlled area as originally defined.

Section 78: Intentionally or recklessly causing public nuisance (commencement date: 28 June 2022)

119. Section 78 creates a new statutory criminal offence of intentionally or recklessly causing public nuisance, replacing the current common law offence. Section 78(1) provides that a person commits an offence if they do an act or omit to do an act they are required to do by any enactment or rule of law, which creates a risk of, or causes serious harm to the public or a section of the public or obstructs the public or a section of the public from the exercise or enjoyment of a right that they may exercise or enjoy or at large. The person must intend the act or omission of an act in question will have a consequence mentioned above or been reckless as to whether it will have such a consequence.

120. Section 78(2) defines serious harm as death, personal injury, disease, loss of or damage to property, serious distress, serious annoyance, serious inconvenience or serious loss of amenity.

121. Section 78(3) provides for a reasonable excuse defence for an act or omission mentioned in section 78(1).

122. Sections 78(4) and 78(5) provide that the maximum penalty a person guilty of this offence is liable to on indictment is 10 years’ imprisonment and/or an unlimited fine. On summary conviction the maximum penalty is six months’ imprisonment and/or an unlimited fine.

123. Sections 78(6) and (7) abolishes the common law offence of public nuisance, but the common law offence will apply to any act or omission of an act which occurred before 28 June 2022.

124. Section 78(8) makes explicit that the tort of public nuisance and the ability to take action under any enactment against a person for an act or omission within section 78(1) are not abolished and only the liability for the common law offence of public nuisance is affected by this section. Section 78(9) defines enactment as mentioned above as including an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

Section 79: Imposing conditions on one-person protests (commencement date: 28 June 2022)

125. This section inserts a new section 14ZA into the 1986 Act.

126. New section 14ZA(1) and (2) provides that a senior police officer may impose conditions on a one-person protest where they reasonably believe that the noise generated by that one-person protest may result in serious disruption to the activities of an organisation in the vicinity, or have a significant, relevant impact on people in the vicinity.

127. New section 14ZA(3) provides that where a one-person protest is moving, the senior police officer must have regard to the route a one-person protest may take, and may include conditions as to the route of the protest or prohibiting the protest entering any public place while the protest continues.

128. New section 14ZA(4) defines a one-person protest as a protest which, at any one time, is carried on by one person in a public place.

129. New section 14ZA(5) defines senior police officer as the most senior police officer at the scene of an ongoing one-person protest, and the chief officer of police for a one-person protest that is intended to be held.

130. New section 14ZA(6) provides that cases where the noise generated by a one-person protest may result in serious disruption to the activities of an organisation in the vicinity include, in particular, where the one-person protest may result in persons connected with the organisation not being reasonably able to carry out any one of their activities for a prolonged period of time.

131. New section14ZA(7) defines a relevant impact for the purposes of section 14ZA(1) where the noise generated by a one-person protest may result in the intimidation or harassment of persons of reasonable firmness or may cause such persons to suffer alarm or distress. New section 14ZA(8) sets out that the senior police officer must have regard to the number of people who may experience a relevant impact and the likely duration and intensity of that impact when considering whether it is significant.

132. New section 14ZA(9) sets out that any direction given by the senior officer imposing conditions must be set out in writing.

133. New section 14ZA(10) provides that a person is guilty of an offence if they organise or carry out a one-person protest and fails to comply with any conditions they knew or ought to have known had been imposed under this section. It is a defence for a person charged with this offence to prove that their failure to comply with conditions arose from circumstances beyond their control (new section 14ZA(11)). The maximum penalty for this offence is a level 4 fine (new section 14ZA(13)).

134. New section 14ZA(12) provides that a person who incites another to commit an offence under section 14ZA(10) is guilty of an offence. A person guilty of this offence faces a maximum penalty of six months’ imprisonment/and or an unlimited fine (new section 14ZA(14) and (15)).

135. New section 14ZA(16) to (19) enables the Secretary of State to make regulations amending section 14ZA(6) about the meaning of serious disruption to the activities of an organisation in the vicinity.

Section 80: Wilful obstruction of the highway (commencement date: 12 May 2022)

136. Section 80 amends section 137 of the Highways Act 1980 (penalty for wilful obstruction) to increase the maximum penalty for the offence of wilful obstruction of the highway to six months’ imprisonment and/or an unlimited fine.

137. This section also provides that the offence can be committed on a highway even if free passage along the highway in question has been temporarily restricted or prohibited by a constable, traffic authority or otherwise. Traffic Authority has the same meaning as in section 121A of the Road Traffic Regulation Act 1984.

Section 82: Expedited Public Spaces Protection Orders (commencement date 28 June 2022)

138. This section amends Chapter 2 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 (“ASBCPA”), which relates to Public Spaces Protection Orders (“PSPOs”).

139. New section 59A(1) of the ASBCPA provides local authorities the power to make expedited PSPOs in relation to a public place within the local authorities area. New section 59A(2) provides that an expedited PSPO can only be made in relation to a public place in the vicinity of a school, NHS vaccine or test and trace site within the local authorities area.

140. New section 59A(3) provides that an expedited PSPO can only be made if protest activity in the public place has had, or is likely to be, having the effect of causing harassment, intimidation or impediment to those working or volunteering at, or using the services of, the school or site in question.

141. New section 59A(4) provides that the effect, or likely effect mentioned above is, or is likely to be of a persistent or continuing nature, is or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the order.

142. New section 59A(5) provides that an expedited PSPO must identify the public place it applies to and prohibit specified things being done in the restricted area, require specified things to be done in the restricted area by persons carrying out specified activities in the area, or both. New section 59A(6) states that the only prohibitions or requirements that may be imposed are ones that are reasonable in order to prevent or reduce the harassment, intimidation or impediment mentioned above from continuing, occurring or recurring, or reduce the risk of its continuance, occurrence or recurrence.

143. New section 59A(7) provides that prohibitions or requirements may be drafted in a way that applies to all or specified categories of persons, or to all except those in specified categories; apply at all or specified times, or at all times except those specified; and apply in all or specified circumstances, or in all circumstances except those specified.

144. New section 59A(8) stipulates that expedited PSPOs must identify the activities that necessitate the order, specify the period that it has effect for, and explain the penalties for breaching the order and whether there is a prohibition on the consumption of alcohol as per section 63 of the ASBCPA.

145. New sections 59A(9) to (11) provide that an expedited PSPO may not be made in relation to a public place that has been subject to an earlier expedited PSPO unless a year has passed. An expedited PSPO may also not be made if the public place has been subject to a normal PSPO in the last year that prohibited or required anything that could have been prohibited or required by an expedited PSPO.

146. New section 59A(12) provides that any expedited PSPO must be published in accordance with regulations made by the Secretary of State – see the Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) (Amendment) Regulations 2022 (SI 2022/511).

147. New section 59A(13) to (15) defines various terms used in new section 59A.

148. New section 60A(1) of the ASBCPA provides that an expedited PSPO may not last more than six months. New section 60A(2) allows a local authority to extend the length of an order before it expires if it is satisfied on reasonable grounds it is necessary to prevent occurrence or recurrence, or reduce the seriousness or frequency of the activities that led to the imposition of an order. New section 60A(3) allows local authorities to reduce the period of an order. New sections 60A(4) and (5) allow multiple extensions and reductions, and state that any extension or reduction must be published in accordance with regulations made by the Secretary of State (see paragraph 145 above).

149. New section 72A of the ASBCPA sets out the European Convention on Human Rights (the Convention) considerations and consents for expedited orders. New section 72A(1) provides that local authorities must have particular regard to the rights of freedom expression and freedom of assembly (Articles 10 and 11 of the ECHR) when deciding whether to make, vary, discharge, extend and reduce an expedited PSPO.

150. New section 72A(3) sets out that the local authority must obtain the necessary consents before making, extending, reducing, varying or discharging an expedited PSPO. New sections 72A(4) and (5) stipulate that these consents are the local chief police officer, a person authorised by the school (if in the vicinity of a school) or a person authorised by the relevant NHS authority (if in the vicinity of a vaccine or test and trace site).

151. New section 72A(6) and (7) defines terms used in new section 72A.

152. New section 72B establishes the consultation and notification requirements after making an expedited PSPO. New section 72B(1) states that the local authority must carry out the necessary consultation as soon as reasonably practicable after making the expedited PSPO. New section 72B(2) establishes the necessary consultation as consulting the local chief police officer and policing body, whatever community representatives the local authority deem appropriate and the owner or occupier of land within the restricted area.

153. New section 72B(3) provides that the local authority must carry out the necessary notification after making, extending, reducing, varying or discharging an expedited PSPO. New section 72B(4) provides that the necessary notification means notifying the parish or community council for the restricted area, the county council (if the order is made by a district council in England) and the owner or occupier of land within the restricted area. New section 72B(5) provides that the requirement to notify the owner or occupier of the land does not apply if the local authority owns or occupies the land in the restricted area, and only applies to the extent it is reasonably practical to notify the owner or occupier of the land.

Unauthorised encampments

Sections 83 to 85: Unauthorised encampments (commencement date: 28 June 2022)

Contact: PolicePowersUnit@homeoffice.gov.uk

154. Section 83 introduces new sections 60C to 60E into the Criminal Justice and Public Order Act 1994 (“the 1994 Act”) and sets out the new criminal offence relating to residing on land without consent, in or with a vehicle, and associated seizure and forfeiture powers. Some existing powers in the 1994 Act have also been amended to strengthen the provisions.

155. Section 83 provides that an offence is committed if a person aged 18 or over, is residing or is intending to reside on land without the consent of an occupier of the land and they have or intend to have at least one vehicle with them on the land, they have caused, or are likely to cause, significant damage, disruption, or distress and without reasonable excuse, fails to comply as soon as reasonably practicable with a request made by an occupier of the land, a representative of an occupier, or a constable, to leave the land and remove from the land property. A person also commits an offence if, without reasonable excuse, they enter or re-enter the land within 12 months of a request to leave with an intention of residing there without the consent of the occupier and they have or intend to have at least one vehicle with them on the land.

156. The person must be residing in or intending to reside in, or with, a vehicle. This means that the provisions do not capture ramblers or prevent those who wish to enjoy the countryside from doing so.

157. The qualifying condition of ‘significant’ in the new offence introduced in section 83 means that a higher threshold must be met than that under section 61 of the 1994 Act for tackling trespassers on land, where a power to direct can be caught by a person causing a lower level of harm (to note, as below, the new provisions as in the PCSC Act amend section 61 to broaden the types of harm that can be caught by the power to direct). This qualification in the new offence helps to ensure that the offence and powers of arrest, seizure and forfeiture are proportionate.

158. A person will not be caught by the offence if they can show they have a reasonable excuse for failing to leave the land and removing their property as soon as practicable or for returning within the prohibited period.

159. The maximum penalty for the offence is three months’ imprisonment, a level 4 fine (currently £2,500), or both (new section 60C(5) of the 1994 Act).

160. An offence is therefore committed, and powers of arrest available (provided the other conditions above are met) where a person has first been asked to leave by an occupier, their representative or a constable (so it is made clear to the person that they do not have permission to be on that land). This means there is no requirement for a constable to first issue a direction for the person to leave before an arrest can be made (senior officers have powers to direct trespassers away from land in section 61 of the 1994 Act before an arrest can be made and may only arrest if the person, without reasonable excuse, fails to leave the land as soon as reasonably practicable following a request to do so or they, having left, enter the land again as a trespasser within a specified period).

161. Where a constable reasonably suspects that an offence has been committed under new section 60C, new section 60D confers on a constable powers to seize and remove any relevant property (defined in new section 60D(2)) that appears to belong to the person who the constable suspects has committed the offence, is in their possession or under their control. This property includes a vehicle, if the constable suspects the person had this with them or intended to have this with them in commission of an offence under new section 60C.

162. Property seized under new section 60D may be retained by the chief officer of the police force for the area in which the property was seized for up to three months from the date of seizure or, if criminal proceedings are commenced, until the conclusion of those proceedings.

163. New section 60D(8) ensures that property must be returned by the chief officer of police to the person believed to be the owner, subject to any order of forfeiture under new section 60E, where the chief officer of police ceases to be entitled to retain this.

164. New section 60D(10) to (11) provide that the seized property must be returned to a person if a chief officer of police is satisfied that it belongs to them at that point and belonged to them at the time of the suspected offence but not if the chief officer reasonably believes a vehicle was, with the person’s consent, in the persons possession or control at the time of the suspected offence.

165. Under new section 60E seized property can be forfeited and dealt with in a manner specified by order of the court which convicts P of an offence under new section 60C.

166. Before making an order for forfeiture of the property the court must permit anyone who claims to be the owner or to have an interest in it to make representations and must consider the property’s value and the likely consequences of forfeiture.

167. Section 84 amends section 61 of the 1994 Act by broadening the types of harm caught by the power of a senior officer to direct trespassers with a common purpose of residing on land to leave the land and remove their property. These now comprise damage, disruption or distress and, unlike for the new offence, these do not need to be “significant” to be caught by the power.

168. A person commits an offence if they, without reasonable excuse, enter the land again as a trespasser within twelve months (extended from three months) of the direction.

169. Section 84 also amends section 61(9) of the 1994 Act to enable the police to direct trespassers on land that forms part of a highway in England and Wales.

170. Section 85 introduces statutory guidance for the police, setting out possible examples of significant harms, proportionate enforcement powers, what may constitute a reasonable excuse as well as how the provisions of the offence might operate together with other provisions. The guidance will be published on gov.uk ahead of these provisions coming into force on 28 June 2022.

Road traffic offences

Sections 86 to 88 and Schedule 8: Road traffic offences (commencement 28 June 2022)

Contact: Debra Anthony (debra.anthony@justice.gov.uk) and Neil Stevenson (neil.stevenson@justice.gov.uk) for paragraphs 171 and 173, Sharon Goodsell (Sharon.goodsell@justice.gov.uk) for paragraph 172

171. Section 86 increases the maximum penalty for the offences at section 1 of the Road Traffic Act 1988 - causing death by dangerous driving, and section 3A of the Road Traffic Act 1988 - causing death by careless driving when under influence of drink or drugs, from 14 years’ to life imprisonment.

172. Section 86 also increases the minimum period of disqualification for offenders convicted of these offences from 2 to 5 years. For those convicted of a repeat offence of causing death by careless driving when under the influence of drink or drugs, the minimum period of disqualification is increased from 3 years to 6 years.

173. Section 87 creates a new offence of causing serious injury by careless, or inconsiderate, driving, inserting new section 2C to the Road Traffic Act 1988. The offence is committed if a person causes serious injury by driving a car or other mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other road users and the maximum penalty is two years’ imprisonment.

174. These measures extend and apply to England and Wales and Scotland.

Removal etc of abandoned vehicles

Section 90: Charges for removal, storage and disposal of vehicles (commencement date: 28 June 2022)

Contact: Tracy Catling (tracy.catling1@homeoffice.gov.uk)

175. Police, strategic highways companies, Secretary of State, local authorities and (within the Greater London area) Transport for London often remove, store and dispose of vehicles. This takes place where, for example, a vehicle is abandoned, parked in an obstructive manner or damaged following a road traffic collision.

176. The PCSC Act has clarified the statutory basis of the police, Secretary of State, and strategic highways companies to charge for vehicle recovery. Amendments to the Road Traffic Regulation Act 1984 have the effect that the power to charge for the recovery, storage and disposal of vehicles is extended to the chief officer once more.

177. Section 90 of the Act clarifies and returns to a statutory footing the legal basis for the police to charge for vehicle recovery, storage and disposal of vehicles removed under section 99 or section 101 of the 1984 Act, from within an area designated a civil enforcement area (as defined in Schedule 8 to the Traffic Management Act 2004) for parking contraventions.

178. Section 74 of, and Schedule 8 to, the Traffic Management Act 2004 establish (and enable the establishment of) geographical areas in which there will be civil enforcement for one or more classes of contravention that are subject to civil enforcement. These are referred to as “civil enforcement areas”.

179. Subsection 90(2) amends section 102(2) of the Road Traffic Regulation Act 1984 so that an ‘appropriate authority’ (as defined by section 102(8) of the Road Traffic Regulation Act 1984), which includes the police, local authority, Secretary of State and Strategic Highways Company, can charge for section 99 and 101 removal, storage and disposal of vehicles from both within and outside a civil enforcement area.

180. Subsection 90(3) provides for local authorities to continue to charge for removal of vehicles from within a civil enforcement area as an enforcement authority under Schedule 9 to the Traffic Management Act 2004.

181. Section 102 of the Road Traffic Regulation Act 1984 enables charges incurred in the removal, storage and disposal of vehicles under sections 99 and 101 of that Act to be recovered.

182. Last year the Home Office carried out a consultation as part of a review of the level of the statutory fees that the police can charge for vehicle recovery. The fees have not been increased since 2008 and we are aware of concerns that they are no longer sufficient to cover costs of vehicle recovery operations. We will publish the response to the consultation shortly.

Penalties for offences involving children or vulnerable adults

Contact: Louise Douglas (Louise.Douglas@Justice.gov.uk)

Section 122: Penalty for cruelty to children (commencement date: 28 June 2022)

183. Section 122 amends section 1 of the Children and Young Persons Act 1933 to increase the maximum penalty, upon conviction on indictment, for the offence of cruelty to a person under 16 from 10 years’ imprisonment to 14 years’ imprisonment.

Section 123: Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm (commencement date: 28 June 2022)

184. Section 123 amends section 5 of the Domestic Violence, Crime and Victims Act 2004 to increase, for England and Wales, the maximum penalties available, upon conviction on indictment, for the offence of causing or allowing a child or vulnerable adult to die or suffer serious physical harm. The maximum penalty is increased from 14 years’ imprisonment to life imprisonment if a person dies and from 10 years’ imprisonment to 14 years’ imprisonment if a person suffers serious physical harm.

185. Subsection (5) amends Schedule 19 to the Sentencing Code, which lists offences where, if certain conditions are present, the penalty must be imprisonment for life, to include the offence of causing or allowing a child or vulnerable adult to die.

Assaults on those providing a public service etc

Section 156: Assaults on those providing a public service etc (commencement date: 28 June 2022)

Contact: NeighbourhoodCrimeUnit@homeoffice.gov.uk

186. Section 154 seeks to reduce violence and abuse against all workers who provide a service to the public, perform a public duty or provide a public service. The provision places in statute an aggravating factor to be applied by the courts in cases of assault where an offence is committed against such workers.

187. Section 154 amends the Sentencing Act 2020 to insert new section 68A. New section 68A(1) provides that the aggravating factor applies where the court is considering the seriousness of the assault offences listed in subsection (3) for the purposes of sentencing. The assault offences listed are:

• common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;

• an offence under any of the following provisions of the Offences against the Person Act 1861—

  • section 16 (threats to kill);

  • section 18 (wounding with intent to cause grievous bodily harm);

  • section 20 (malicious wounding);

  • section 47 (assault occasioning actual bodily harm);

• an inchoate offence in relation to any of the preceding offences; and

• any other offence, where the court considers this factor to be relevant.

188. New section 68A(2) provides that if the offence listed in subsection (3) was committed against a person: (i) providing a public service, (ii) performing a public duty, or (iii) providing services, goods or facilities to the public, the court must treat that fact as an aggravating factor, and must state in open court that the offence is so aggravated.

189. New section 68A(5) ensures that the courts are not prevented from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences that are not listed in subsection (3).

Knife crime prevention order

Contact: Esperanza Gomez (Esperanza.Gomez@homeoffice.gov.uk)

Section 167: Knife crime prevention order on conviction: adjournment of proceedings

190. The Offensive Weapons Act 2019 introduced Knife Crime Prevention Orders, which apply to adults and children aged 12 or over, and allows a court to impose specific requirements or restrictions for example prohibiting a person from being in a certain place, associating with particular people or undertaking certain activities.

191. This provision makes it explicit that, if an application for a knife crime prevention order is made following a defendant’s conviction for an offence, the court may adjourn proceedings on the application after sentencing the defendant.

Football banning orders

Contact: Martin Gooday (Martin.Gooday@homeoffice.gov.uk)

Section 190: Football Banning Orders: relevant offences (commencement date: 29 June 2022)

192. Football banning orders were designed to respond to and prevent violence and disorder related to football matches before widespread online communication and the advent of engagement with football through online platforms. Section 188 adds relevant communications offences with a hate element, such as racist or homophobic hate speech, as well as certain offences relating to race or religion, where they relate to football, to the schedule of relevant offences for banning order purposes on conviction. The offences are added where they relate to a football organisation or to a person with a prescribed connection to such organisation; these will be set out in secondary legislation and could, for example, include a football player or manager of an elite team. The objective of this is to prevent such offenders from exporting their online and remote hate crime to real world football matches and deter such behaviour.

193. Subsections (3) to (5) add to Schedule 1 to the Football Spectators Act 1989 the offence under section 4 of the Public Order Act 1986 (fear or provocation of violence) when committed:

• at, or when entering or leaving, any premises during a period relevant to a football match;

• on a journey to or from a football match and where the court makes a declaration that the offence related to a football match; or

• otherwise committed during a period relevant to a football match and where the court makes a declaration that the offence related to a football match.

194. Subsection (6) adds to Schedule 1 any offence under Part 3 or 3A of the Public Order Act 1986 (racial hatred or hatred against persons on religious grounds or grounds of sexual orientation) and any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) where 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 to a football organisation.

195. Subsection (6) also adds to Schedule 1 communications offences under section 1 of the Malicious Communications Act 1988 (offence of sending letter, electronic communication or article with intent to cause distress or anxiety) and under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network), not otherwise covered in the Schedule, where the court has stated on sentencing that the offence is aggravated by racial or religious hostility, or hostility related to disability, sexual orientation or transgender identity (the grounds set out in section 66(1) of the Sentencing Code) and where 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 to a football organisation.

196. Subsections (7) and (8) define a “football organisation” for the purposes of Schedule 1 as a “regulated football organisation” for the purposes of Part 2 of the 1989 Act, being an organisation that relates to association football and which is prescribed, or its description is prescribed, by secondary legislation (an order made by the Secretary of State). Subsection (7) also provides that an order setting out where a person has a “prescribed connection” to a football organisation can include a past or future connection, such as a player announced as having agreed to sign for a team but not yet employed by that team or a football manager who has recently retired. These new concepts of “football organisation” and “a prescribed connection to a football organisation” will (subject to parliamentary approval) be established by an order intended to be laid in June 2022; that order will also update and consolidate existing secondary legislation to the 1989 Act.

197. Due to the potential for the committing of online and remote hate offences at any time, the Act removes the geographic and temporal proximity for such offences within the schedule of relevant offences, by not requiring the offence to have occurred at, on a journey to, or within 24 hours of, a regulated football match. Subsections (9) to (11) amend subsections (1) and (5) of section 23 of the 1989 Act whereby a “declaration of relevance”, which the court must make for offences committed away from a football stadium to be “relevant offences” for the purposes of section 14A and Schedule 1, can now relate not only to football matches but also football organisations, or persons with a prescribed connection to a football organisation. This is intended to encompass, for example, the remote hate offences against football organisations or persons connected to football, such as a racist tweet against a football team or player. The court will now be able to make a declaration of relevance that an offence is football-related in those circumstances.

198. Subsection (12) provides that this section does not apply in relation to offences committed before the provision comes into force.

Section 191: Football banning orders: power to amend list of relevant offences (commencement date: 28 April 2022)

199. Subsection (1) creates a new power for the Secretary of State to add, modify or remove a reference to an offence or a description of offence to Schedule 1 to the 1989 Act (the list of relevant offences for banning orders on conviction), and make related consequential amendments to that Act. The power is subject to the affirmative resolution procedure. This power will enable the Secretary of State to ensure that the list of relevant offences for the purposes of football banning order proceedings can be kept up-to-date and relevant in the event of amendment to the Acts listed in the Schedule or developing trends of harm or disorder relating to football, such as online hate offences.

200. Subsections (2) to (4) make amendments to section 22A of the 1989 Act, to enable regulations or orders made under Part 2 of the Act (such as prescribing a football related organisation) to make supplementary provision.

Section 192: Football banning orders: requirement to make order on conviction etc (commencement date: 29 June 2022)

201. Prior to the changes made by this Act, following conviction for a relevant football-related offence a court was required to consider whether the individual met a two-stage test of (i) past involvement in football-related disorder (evidenced by conviction for a relevant offence); and (ii) posing an identifiable ongoing risk of such involvement.

202. Subsection (1) amends the test in section 14A of the Football Spectators Act 1989 under which a court may impose a banning order on an individual convicted of a relevant football related offence (as defined in Schedule 1 of that Act). The amendment removes the requirement that the convicted person must pose an identifiable risk of violence or disorder at or in connection with football matches. New section 14A(2) sets out that the court must make a banning order in respect of the offender unless it 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. Where the court does not make a banning order, it must state in open court the reasons for not doing so, under section 14A(3). The intention is that a Court will be required to consider the particular circumstances of the individual (and/or their offence) and decide whether those circumstances make it unjust to make the FBO in the broader context (which could, for example, include the deterrent effect of the FBO and/or the risks arising from hate conduct at football matches more generally).

203. Subsections (2) to (4) make equivalent amendment to section 22 of the 1989 Act (banning orders arising out of offences outside England and Wales). Section 22 provides the courts with the power to impose a banning order on persons convicted of an offence in a country or territory outside England and Wales if that offence has been specified in an Order in Council as corresponding to an offence in Schedule 1 to the 1989 Act. The new subsections (4) and (5) provide that a court must make a banning order in respect of an offender convicted of a corresponding offence overseas unless the conviction is the subject of legal proceedings in that country questioning the conviction, or the court considers that there are particular circumstances relating to the offence or to the person which would make it unjust to make a banning order in all the circumstances. If the court decides not to make a banning order on these grounds, it must state in open court the reasons for not doing so, per new subsection (5A).

204. Subsection (5) provides that the section does not apply in relation to offences committed before the provision comes into force.

June 2022

1. Application for search warrant under s.15 and 16 Police and Criminal Evidence Act 1984 - GOV.UK (www.gov.uk). ↩