PART 10Management of offenders

CHAPTER 1Serious violence reduction orders

166Serious violence reduction orders: piloting

(1)

The Secretary of State may exercise the power in section 208(1) so as to bring section 165 into force—

(a)

for all purposes, and

(b)

in relation to the whole of England and Wales,

only if the conditions in subsections (2) and (3) are met.

(2)

The condition in this subsection is that regulations under section 208(1) have brought section 165 into force only—

(a)

for one or more specified purposes, or

(b)

in relation to one or more specified areas.

(3)

The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of Chapter 1A of Part 11 of the Sentencing Code (inserted by section 165)—

(a)

for one or more of those purposes, or

(b)

in relation to one or more of those areas.

(4)

A report under subsection (3) must in particular include—

(a)

information about the number of offenders in respect of whom serious violence reduction orders have been made;

(b)

information about the offences that were the basis for applications as a result of which serious violence reduction orders were made;

(c)

information about the exercise by constables of the powers in section 342E of the Sentencing Code (serious violence reduction orders: powers of constables);

(d)

an assessment of the impact of the operation of Chapter 1A of Part 11 of the Sentencing Code on people with protected characteristics (within the meaning of the Equality Act 2010);

(e)

an initial assessment of the impact of serious violence reduction orders on the reoffending rates of offenders in respect of whom such orders have been made;

(f)

an assessment of the impact on offenders of being subject to a serious violence reduction order;

(g)

information about the number of offences committed under section 342G of the Sentencing Code (offences relating to a serious violence reduction order) and the number of suspected offences under that section that have been investigated.

(5)

Regulations under section 208(1) which bring section 165 into force only for a specified purpose or in relation to a specified area may—

(a)

provide for section 165 to be in force for that purpose or in relation to that area for a specified period;

(b)

make transitional or saving provision in connection with section 165 ceasing to be in force at the end of the specified period.

(6)

Regulations containing provision by virtue of subsection (5)(a) may be amended by subsequent regulations under section 208(1) so as to continue section 165 in force—

(a)

for the specified purpose, or

(b)

in relation to the specified area,

for a further specified period.

(7)

Accordingly, the reference in section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (6).

(8)

In this section—

“serious violence reduction order” has the same meaning as in Chapter 1A of Part 11 of the Sentencing Code (see section 342B of the Sentencing Code);

“specified” means specified in regulations under section 208(1).