http://www.legislation.gov.uk/id/ukpga/2017/3

http://www.legislation.gov.uk/ukpga/2017/3/section/166/2018-06-28

Policing and Crime Act 2017

An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.

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Statute Law Database

2024-05-18

Expert Participation

2018-06-28

Policing and Crime Act 2017

specified provision(s)

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

reg. 2

Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

Pardons for certain abolished offences etc

I1166Power to provide for disregards and pardons for additional abolished offences: England and Wales

1

The Secretary of State may by regulations made by statutory instrument amend section 92 of the Protection of Freedoms Act 2012 (power of Secretary of State to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.

2

An offence may be added to that list only if—

a

it was an offence under the law of England and Wales,

b

it has been repealed or, in the case of an offence at common law, abolished, and

c

either—

i

the offence expressly regulated homosexual activity, or

ii

although the offence did not expressly regulate homosexual activity, it appears to the Secretary of State that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.

3

Regulations under subsection (1) adding an offence may also amend section 92 so as to provide that, in relation to the offence, condition A is that it appears to the Secretary of State that matters specified in the amendment apply (in substitution for the matters specified in subsection (3)(a) and (b) of that section).

4

Regulations under subsection (1) may make consequential amendments of Chapter 4 of Part 5 of the 2012 Act.

5

Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where—

a

the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and

b

the conditions specified in the regulations are met.

6

Those conditions must correspond to the matters that are specified in condition A in section 92 of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Secretary of State to apply in order for condition A to be met).

7

Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person's death, the person's conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section 165(3) of this Act).

8

The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section 164(4) to (9) of this Act has in relation to the pardons provided for by section 164(1) to (3) and the offences to which they relate.

9

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

10

In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 4 of Part 5 of the 2012 Act (see section 101 of that Act).