Correspondence

Circular 009/2022: Police, Crime, Sentencing and Courts Act 2022

Updated 10 July 2023

Applies to England and Wales

November 2022

This text was updated in July 2023 to reflect the fact that a new statutory instrument, the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023, has been laid.

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”) and associated regulations which come into force, on various dates, from 26 October 2022 to 20 March 2023. 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. The circular sets out the pre-charge bail provisions (commencing 26 and 28 October 2022) and the Police Driving Standards measures in the Act and the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 ^{[footnote 1]} (commencing on 26 October and 20 March 2023 respectively). The pre-charge bail provisions discussed in this circular extend to England and Wales only, while the Police Driving Standards provisions extend to England, Wales and Scotland.

Background

3. The Act received Royal Assent on 28 April 2022. The Minister for Crime, Policing and Fire has also now made the Police, Crime, Sentencing and Courts Act 2022 (Commencement No.3) Regulations 2022 bringing certain provisions, including the pre-charge bail and Police Driving Standards measures, into force between 26 October and 8 November 2022. The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 made under section 192(1) and 195(7) of the Road Traffic Act 1988, commenced on 20 March 2023. This circular details these provisions.

Pre-charge bail

4. In November 2019, the government announced a review of pre-charge bail legislation before conducting a public consultation in 2020. The aim of this review was to ensure that the pre-charge bail process is efficient and victim focused. Reforms within the Act seek to make sure that pre-charge bail is used in all cases where it is necessary and proportionate.

Police driving standards

5. The government fully recognises the vital role that police drivers play, often driving in high-pressured situations to pursue suspects on the roads and respond urgently to incidents. It is vital that the law empowers officers and allows them to carry out their duties effectively. That’s why the government introduced a new test to assess the standard of driving of a police officer.

6. Following a campaign by the Police Federation of England and Wales, the Home Office reviewed the law, guidance, procedures and processes surrounding police pursuits. In May 2018, the Home Office published a consultation which set out the findings of the review and options for changes in the law. The government published its response to the consultation and the then Home Secretary issued a written ministerial statement on 2 May 2019 announcing that the government would seek to introduce a new test to assess the standard of driving of a police officer.

Pre-charge bail, ‘Kay’s Law’

Section 45 and Schedule 4: Pre-charge bail (commencement dates: 26 October and 28 October 2022)

Contact: Magdalene Allen

Email: magdalene.allen4@homeoffice.gov.uk

7. Section 45 introduces Schedule 4 of the Act relating to pre-charge bail and establishes the transitional provisions whereby the provisions within the Act will apply only to those individuals who are arrested after the coming into force of the reforms (28 October 2022).

8. Within Schedule 4, Part 1 removes the presumption against pre-charge bail to establish a neutral position within the legislation.

9. Part 2 creates a set of risk factors to be taken into account when considering whether to grant pre-charge bail. This makes particular reference to the safeguarding of the victim, witness and/or suspect, particularly where they are vulnerable.

10. Part 3 establishes a new duty on policing to seek the views of victims on pre-charge bail conditions which relate to their safeguarding. This duty will be on investigating officers, where reasonably practicable to do so, who will pass this information on to the custody officer. Custody officers can then consider the victims’ views and any conditions to be set.

11. Part 4 makes changes to the timescales for applicable bail periods, establishing the initial bail period, in standard cases, as 3 months with extensions at 6,9 and 12 months onwards. This is designed to better reflect operational realities. It also amends the level of authorisation needed so that custody officers can authorise the initial period of bail with extensions being sought by the Inspector, Superintendent and finally the Magistrates’ Court. It also expands non-standard agency cases to include cases from the Financial Conduct Authority, HM Revenue and Customs and the National Crime Agency (NCA) as well as the Serious Fraud Office. Timescales for agency cases have also been lengthened in line with the wider changes to timescales.

12. Part 5 introduces a 3 hour pause on the detention clock where an individual has been arrested for breach of pre-charge bail conditions or failure to answer bail.

13. Part 6 establishes a power for the College of Policing to issue guidance on pre-charge bail. This guidance is subject to consultation and must have the approval of the Home Secretary. The guidance will be laid in Parliament but is not otherwise subject to any Parliamentary procedure. This power will be commenced on 26 October.

14. These reforms are known collectively as ‘Kay’s Law’ in memory of Kay Richardson who tragically lost her life as the hands of her estranged husband while he was released under investigation, rather than on pre-charge bail. These reforms, bar the guidance-making power, will be commenced on 28 October.

Roads policing

Sections 5, 6 and 7 of the Police, Crime, Sentencing and Courts Act (commencement date: 26 October 2022)

The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 (commencement date: 20 March 2023)

Contact: Tracy Catling

Email: tracy.catling1@homeoffice.gov.uk

15. The tests set out in the Road Traffic Act 1988 Act (“the 1988 Act”) for the offences of careless and dangerous driving currently apply to police drivers in the same way as any other driver, taking no account of the various exemptions in road traffic legislation (for example, in relation to speed limits and road signs) that apply to the police or of their additional training. Those offences are committed when a person drives in a way that is below (careless) or far below (dangerous) what would be expected of a competent and careful driver.

16. The Police Crime Sentencing and Courts (PCSC) Act 2022 introduced a new test to assess the standard of driving of a police officer.

17. Sections 5 and 6 of the PCSC Act 2022 amended the 1988 Act tests for the offences of dangerous and careless driving respectively so that in determining whether an offence has been committed a designated person’s standard of driving is compared to that of a competent and careful constable who has undertaken the prescribed training, and therefore has the same skills. The new test applies where the designated person is driving for police purposes (or, in the case of NCA, law enforcement purposes) and has undertaken the prescribed training.

18. Section 7 of the PCSC Act 2022 amends section 195 of the 1988 Act to provide that the power to make regulations prescribing training for the purposes of the new comparator may make different provision for different designated persons or areas.

19. The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 made under sections 2A(1A)(b), 3ZA(2A)(b), 192(1) and 195(7) of the Road Traffic Act 1988, set out the prescribed training which must have been completed by a police officer for the changes to the dangerous and careless driving offences to apply.

20. The training must meet the requirements set out in the schedule to the regulations. Table 1 sets out each training course and this is identified by title, course lengths, the required minimum number of trainers to maximum number of students ratio and the period training is valid for before refresher training is required. Table 2 of the Schedule lists the requirements of the refresher training where required.

21. Regulations 3 and 5 provide additional requirements for the initial training in England and Wales, and Scotland, respectively: and will detail the course provider, the necessary training standards of the instructor or trainer and essential components of the training. Regulations 4 and 6 make provision for refresher training to be undertaken for training in England and Wales, and Scotland, respectively.

22. Regulation 7 sets out requirements for training which was completed prior to 30 November 2022 to be prescribed training.

23. These regulations revoke the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022, which are materially the same as these regulations, in order to make technical changes.

24. The National Police Chiefs’ Council (NPCC) have been working closely with the College of Policing and police forces to standardise police driver training across England and Wales. This will ensure that police drivers, depending on their role, are trained to a similar standard, and the legal test for police drivers will have a fairer comparator. This training will be aligned with the College of Policing’s authorised professional practice and national police driver training curriculum.

Footnotes

1. Following review by the Joint Committee on Statutory Instruments (JCSI), the Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 (“the 2023 Regulations”) revoke, amend and relay a revised version of The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022 (“the 2022 Regulations”) which were laid in Parliament on 31 October 2022 and came into force on 30 November 2022. The 2023 regulations are materially the same as the 2022 regulations, except technical changes have been made. Further information can be found in the Explanatory Memorandum to the 2023 regulations at: The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023 - Explanatory Memorandum (legislation.gov.uk) ↩