The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 5) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) (“the 2022 Act”).

Regulation 3 brings into force on 29th November 2022 certain provisions of Chapter 3 of Part 10 of the 2022 Act (management of sex offenders). The provisions make changes to the process for specifying the police stations where registered sex offenders are required to give annual notification or notify prescribed changes to certain personal details, change the procedure for requiring those with foreign convictions to give annual notification or to notify prescribed changes in England and Wales only, enable the British Transport Police and Ministry of Defence Police to apply for sexual harm prevention orders (“SHPOs”) and sexual risk orders (“SROs”), provide for the civil standard of proof when determining whether the individual has done the act of a sexual nature specified in the application, require applicants for SHPOs and SROs and courts to have regard to a list of countries where children are at high risk of sexual abuse or sexual exploitation from United Kingdom nationals or residents, and enable courts to impose positive requirements in SHPOs or SROs. Some of the provisions relating to the list of countries were brought into force on 28th June by S.I. 2022/520.

Regulation 4 brings into force on 31st January 2023 the provisions of Chapter 1 of Part 2 of the 2022 Act (prevention investigation and prosecution of crime: functions relating to serious violence) and Schedule 1 (specified authorities and local government areas) and 2 (educational, prison and custody authorities) in so far as these have not already been brought into force by section 208 of the 2022 Act. The provisions relate to the duty on specified authorities (including local and health authorities and chief officers of police) to collaborate with each other to prevent and reduce serious violence. An impact assessment has been prepared in relation to the management of sex offender measures and the serious violence duty measures in the Police, Crime, Sentencing and Courts Act 2022 (c. 32). A copy of the impact assessment is available on: https://bills.parliament.uk/publications/42136/documents/489. A hard copy can be obtained by writing to the Home Office at 2 Marsham Street, London, SWIP 4DF.