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- Point in Time (24/05/2023)
- Original (As enacted)
Police, Crime, Sentencing and Courts Act 2022 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date.
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PART 1 Protection of the police etc
PART 2 Prevention, investigation and prosecution of crime
CHAPTER 2 Offensive weapons homicide reviews
Offences relating to hares etc
63.Trespass with intent to search for or to pursue hares with dogs etc
64.Being equipped for searching for or pursuing hares with dogs etc
65.Recovery order on conviction for certain offences involving dogs
66.Disqualification order on conviction for certain offences involving dogs
67.Seizure and disposal of dogs in connection with disqualification order
Penalties for offences involving children or vulnerable adults
130.Increase in requisite custodial period for certain violent or sexual offenders
131.Increase in requisite custodial period for certain other offenders of particular concern
132.Power to refer high-risk offenders to Parole Board in place of automatic release
133.Power to make provision for reconsideration and setting aside of Parole Board decisions
134.Responsibility for setting licence conditions for fixed-term prisoners
135.Repeal of uncommenced provision for establishment of recall adjudicators
136.Release at direction of Parole Board after recall: fixed-term prisoners
137.Power to change test for release of fixed-term prisoners following recall
138.Imprisonment for public protection etc: duty to refer person released on licence to Parole Board
Driving disqualification: extension in connection with custodial sentence
140.Extension of driving disqualification where custodial sentence imposed: England and Wales
141.Increase in driving disqualification periods under certain existing orders: England and Wales
142.Extension of driving disqualification where custodial sentence imposed: Scotland
143.Increase in driving disqualification periods under certain existing orders: Scotland
144.Calculation of period before release or Parole Board referral where multiple sentences being served
145.Application of release provisions to repatriated prisoners
146.Sentences and offences in respect of which polygraph condition may be imposed
148.Application of provision about minimum terms to service offences
PART 9 Secure children's homes and secure 16 to 19 Academies
PART 10 Management of offenders
CHAPTER 3 Management of sex offenders
Sexual harm prevention orders and sexual risk orders
171.Applications by British Transport Police and Ministry of Defence Police
173.Requirement for courts and certain persons to have regard to the list of countries
175.Sexual harm prevention orders: power to impose positive requirements
176.Sexual risk orders: power to impose positive requirements
179.Positive requirements and electronic monitoring requirements: service courts
PART 12 Disregards and pardons for certain historical offences
PART 13 Procedures in courts and tribunals
Transmission and recording of court and tribunal proceedings
198.Remote observation and recording of court and tribunal proceedings
199.Offence of recording or transmission in relation to remote proceedings
200.Expansion of use of video and audio links in criminal proceedings
202.Expedited procedure for initial regulations about remote observation of proceedings
SCHEDULES
Extraction of information from electronic devices: authorised persons
PART 1 Grant of pre-charge bail
1.Amendments to the Police and Criminal Evidence Act 1984 (c. 60)
2.(1) Section 30A (release of a person arrested elsewhere than...
3.(1) Section 34 (limitations on police detention) is amended as...
4.In section 36 (custody officers at police stations), after subsection...
5.(1) Section 37 (duties of custody officer before charge) is...
6.(1) Section 37CA (breach of bail following release under section...
7.In section 37D(4A) (release on bail under section 37: further...
8.In section 41(7) (release following period of detention without charge),...
9.In section 42(10) (release following continued detention without charge), for...
10.(1) Section 43 (warrants of further detention) is amended as...
11.In section 44(7) (release following extension of warrants of further...
12.(1) Section 47ZC (applicable bail period: conditions A to D)...
13.In section 50A (interpretation of references to pre-conditions for bail),...
15.(1) Section 24A (arrest for failure to comply with conditions...
6.In section 24B(5) (application of PACE provisions), for “section 24A(2)(c)”...
PART 2 Factors to be taken into account in deciding whether to grant pre-charge bail
PART 4 Limits on period of bail without charge
24.The Police and Criminal Evidence Act 1984 is amended as...
25.In section 30B(8) (notice of release under section 30A: bail...
26.(1) Section 47ZB (applicable bail period: initial limit) is amended...
27.In section 47ZC (applicable bail period: conditions A to D...
28.(1) Section 47ZD (applicable bail period: extension of initial limit...
29.After section 47ZD insert— Applicable bail period: further extension of...
30.(1) Section 47ZE (applicable bail period: extension of limit in...
31.(1) Section 47ZF (applicable bail period: first extension of limit...
32.In section 47ZI (sections 47ZF to 47ZH: proceedings in magistrates’...
33.In section 47ZM(2) (applicable bail period: special case of release...
PART 5 Police detention after arrest for breach of pre-charge bail etc
1.The Crime (Overseas Production Orders) Act 2019 is amended as...
2.(1) Section 3 (meaning of “electronic data” and “excepted electronic...
3.In section 5(3) (content of order: requirements fulfilled by reference...
4.(1) Section 9 (restrictions on service of order) is amended...
5.(1) Section 14 (means of service) is amended as follows....
6.In section 15(3) (modifications of section 9 in the case...
Special procedure for access to material relating to human remains
Expedited public spaces protection orders
1.The Anti-social Behaviour, Crime and Policing Act 2014 is amended...
5.In the heading of section 60 (duration of orders), after...
6.(1) Section 61 (variation and discharge of orders) is amended...
7.(1) Section 62 (premises etc to which alcohol prohibition does...
8.In section 63 (consumption of alcohol in breach of prohibition...
9.(1) Section 64 (orders restricting public right of way over...
10.In section 65 (categories of highway over which public right...
11.(1) Section 66 (challenging validity of orders) is amended as...
12.(1) Section 67 (offence of failing to comply with order)...
13.(1) Section 68 (fixed penalty notices) is amended as follows....
14.In section 70 (byelaws), after “protection order” insert “or an...
15.(1) Section 71 (bodies other than local authorities with statutory...
16.In the heading of section 72 (Convention rights, consultation, publicity...
17.(1) Section 74 (interpretation of Chapter 2 of Part 4)...
Surrender of licences and test certificates by new drivers
2.(1) Section 2 (surrender of licences) is amended as follows....
3.(1) Section 3 (revocation of licences) is amended as follows....
4.After section 3 insert— Surrender of licences (1) Where— (a) the Secretary of State is required under...
5.In section 9, for subsection (5) (interpretation: address for sending...
6.(1) Schedule 1 (newly qualified drivers holding test certificates) is...
Surrender of licences: minor and consequential amendments
PART 1 Amendments to the Road Traffic Offenders Act 1988
1.The Road Traffic Offenders Act 1988 is amended as follows....
2.(1) Section 2 (requirement of warning etc: supplementary) is amended...
3.(1) Section 26 (interim disqualification) is amended as follows.
4.(1) Section 27 (production of licence) is amended as follows....
5.(1) Section 47 (supplementary provisions as to disqualifications and endorsements)...
7.(1) Section 57A (endorsement of driving records without hearings) is...
8.(1) Section 61A (fixed penalty notice mistakenly given: exclusion of...
9.(1) Section 69 (payment of penalty) is amended as follows....
10.(1) Section 70 (registration certificates) is amended as follows.
11.(1) Section 79 (statements by constables) is amended as follows....
12.In section 80 (certificates about payment)— (a) in the heading,...
16.In section 91ZA(1) (application to Northern Ireland licence holders), after...
17.In section 91A(1) (application to Community licence holders)—
19.In Part 1 of Schedule 2 (prosecution and punishment of...
Cautions: consequential amendments
2.In section 8A (protection afforded to spent cautions), in subsection...
3.(1) Schedule 2 (protection for spent cautions) is amended as...
6.In section 5A (supplementary provision in case of police bail),...
10.(1) Section 112 (criminal conviction certificates) is amended as follows....
11.(1) Section 116A (up-dating certificates) is amended as follows.
13.In section 34 (limitation on police detention), in subsection (5E)—...
14.In section 37B (consultation with DPP), in subsection (7), for...
15.In section 60B (notification of decision not to prosecute person...
16.In section 63B (testing for presence of Class A drugs),...
17.Omit section 63L (which relates to persons given a penalty...
18.In section 64A (photographing of suspects), in subsection (1B)—
21.In section 66E (failure to comply with conditions), for subsections...
25.In Schedule 5 (powers exercisable by accredited persons), omit the...
26.Omit Schedule 5A (powers exercisable by accredited inspectors).
29.In section 85EA (prohibition of cross-examination in person: victims of...
30.In Schedule 5 (collection of fines), in paragraph 3(1)(b), for...
33.Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
34.In section 101 (community remedy document), in subsection (9), in...
35.(1) Section 102 (out-of-court disposals) is amended as follows.
39.(1) Omit the following (which make amendments to Chapter 1...
Minimum sentences for particular offences: consequential amendments
4.In section 226(2) (third domestic burglary)— (a) for “section 314(2)”...
5.(1) Section 227A (offences of threatening with a weapon in...
7.(1) Section 239 (reduction in sentences for guilty pleas) is...
8.In section 260 (discretionary custodial sentences: general restrictions), in subsection...
9.In section 273 (review of unduly lenient sentence by Court...
Removal of attendance centre requirements for adults: related amendments
2.(1) Section 60 (attendance centre orders) is amended as follows...
3.In Schedule 5 (further provision about attendance centre orders), in...
5.(1) Section 221 (provision of attendance centres) is amended as...
6.(1) In section 300(2) (power to impose attendance centre requirement...
9.(1) Schedule 11 (transfer of community orders to Scotland or...
10.(1) Schedule 17 (transfer of suspended sentence orders to Scotland...
Community and suspended sentence orders: special procedures relating to review and breach
PART 1 Amendments to the Sentencing Code
5.After section 217 insert— Review of community order qualifying for...
7.After section 293 insert— Review of suspended sentence order qualifying...
9.(1) Section 295 (alteration of review arrangements) is amended as...
10.(1) Section 297 (power to direct magistrates’ court supervision) is...
13.Breach of suspended sentence order: power to commit to custody
Community and suspended sentence orders: drug testing requirement
2.In section 201 (community order: community order requirements table), after...
3.In section 207 (community order: availability of particular requirements), after...
4.In section 287 (suspended sentence order: community requirements table), after...
5.In section 291 (suspended sentence order: availability of particular requirements),...
6.In Schedule 9 (community orders and suspended sentence orders: requirements),...
Detention and training orders: time to count as served
PART 1 Detention and training orders made under Sentencing Code
2.(1) Section 240ZA (time remanded in custody to count as...
3.(1) Section 240A (time remanded on bail to count towards...
7.In section 244 (offender subject concurrently to detention and training...
8.In section 245 (offender subject concurrently to detention and training...
9.In section 325 (time on bail under certain conditions: declaration...
10.In section 327 (period in custody awaiting extradition: declaration by...
11.In Schedule 27 (transitional provision), omit paragraph 14 (and the...
13.In Schedule 7 to the International Criminal Court Act 2001...
PART 2 Detention and training orders made under Armed Forces Act 2006
PART 2 Electronic whereabouts monitoring requirements
4.(1) Section 174 (youth rehabilitation requirements table) is amended as...
5.In section 175(1)(c) (meaning of youth rehabilitation order with intensive...
6.(1) Section 185 (youth rehabilitation order: availability of particular requirements)...
7.In section 190 (provision of copies of youth rehabilitation order...
8.After section 198 insert— Electronic monitoring requirement previously imposed (1) This section applies where an electronic monitoring requirement was...
9.In section 395 (data from electronic monitoring: code of practice),...
10.In paragraph 19(3) of Schedule 6 (requirements where court imposes...
11.In paragraph 21 of Schedule 6 (requirements where court imposes...
12.(1) Part 17 of Schedule 6 (electronic monitoring) is amended...
13.(1) Schedule 7 (breach, revocation or amendment of youth rehabilitation...
14.(1) Schedule 8 (transfer of youth rehabilitation orders to Northern...
Variation etc of order by court in another part of the United Kingdom
Management of terrorist offenders: provision consequential on sections 184 to 187
Further provision about video and audio links in criminal proceedings
Minor amendments in relation to the sentencing consolidation
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