Police, Crime, Sentencing and Courts Act 2022

Pt.1

Protection of the police etc

Pt.1(crossheading)(police)(covenant)(report)

Police covenant report

s.1

Police covenant report

s.1(1)

The Secretary of State must in each financial year—

s.1(1)(a)

prepare a police covenant report, and

s.1(1)(b)

lay a copy of the report before Parliament.

s.1(2)

A police covenant report is a report about— so far as these matters relate to the fact that the persons concerned are members or former members of the police workforce.

s.1(2)(a)

the health and well-being of members and former members of the police workforce,

s.1(2)(b)

the physical protection of such persons,

s.1(2)(c)

the support required by members of their families, and

s.1(2)(d)

any other matter in relation to members or former members of the police workforce, or a particular description of such persons, that the Secretary of State considers appropriate,

s.1(3)

In preparing a police covenant report the Secretary of State must have regard in particular to—

s.1(3)(a)

the obligations of and sacrifices made by members of the police workforce, and

s.1(3)(b)

the principle that it is desirable to remove any disadvantage for members or former members of the police workforce arising from their membership or former membership.

s.1(4)

In preparing a police covenant report the Secretary of State must ensure that the views of— are sought in relation to the matters to be covered by the report.

s.1(4)(a)

any relevant government department, and

s.1(4)(b)

anyone else the Secretary of State considers appropriate,

s.1(5)

A police covenant report must set out in full or summarise any views obtained under subsection (4).

s.1(6)

The Secretary of State may not include in a police covenant report a summary under subsection (5) unless the person whose views are summarised has approved the summary.

s.1(7)

A police covenant report must state whether, in the Secretary of State’s opinion, in respect of any matter covered by the report, members or former members of the police workforce, or a particular description of such persons, are at a disadvantage when compared with other persons or such descriptions of other persons as the Secretary of State considers appropriate.

s.1(8)

Where the Secretary of State’s opinion is that there is any such disadvantage as mentioned in subsection (7), the report must set out the Secretary of State’s response to that.

s.1(9)

In this section—

s.1(10)

The reference in subsection (2) to members of the families of members and former members of the police workforce is a reference to such descriptions of persons connected with members or former members of the police workforce as the Secretary of State considers should be covered by a police covenant report.

Pt.1(crossheading)(offences)(against)(emergency)(workers)

Offences against emergency workers

s.2

Increase in penalty for assault on emergency worker

s.2(1)

In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence of common assault, or battery, committed against emergency worker), in subsection (2)(b) (penalty for conviction on indictment), for “12 months” substitute “2 years”.

s.2(2)

Subsection (1) applies only in relation to offences committed on or after the day on which this section comes into force.

s.3

Required life sentence for manslaughter of emergency worker

s.3(1)

The Sentencing Code is amended in accordance with subsections (2) to (15).

s.3(2)

In section 177 (youth rehabilitation orders), in subsection (3)(b)(i), after “258” insert “or 258A”.

s.3(3)

In section 221 (overview of Part 10), in subsection (2)(b), for “section 258” substitute “sections 258 and 258A”.

s.3(4)

In section 249 (sentence of detention under section 250), in subsection (2)(a), for “section 258” substitute “sections 258 and 258A”.

s.3(5)

In section 255 (extended sentence of detention), in subsection (1)(d), after “258(2)” insert “or 258A(2)”.

s.3(6)

After section 258 insert—

s.3(7)

In section 267 (extended sentence of detention in a young offender institution), in subsection (1)(d), for “or 274” substitute “, 274 or 274A”.

s.3(8)

In section 272 (offences other than murder), in subsection (2)(b), for “or 274” substitute “, 274 or 274A”.

s.3(9)

After section 274 insert—

s.3(10)

In section 280 (extended sentence of imprisonment), in subsection (1)(d), for “or 285” substitute “, 285 or 285A”.

s.3(11)

After section 285 insert—

s.3(12)

In section 329 (conversion of sentence of detention to sentence of imprisonment), in subsection (7)(a), after “258” insert “or 258A”.

s.3(13)

In section 399 (mandatory sentences), in paragraph (b)(i)—

s.3(13)(a)

for “258, 274 or 285” substitute “258, 258A, 274, 274A, 285 or 285A”;

s.3(13)(b)

omit “dangerous”.

s.3(14)

In section 417 (commencement of Schedule 22), in subsection (3)(d), for “and 274” substitute “, 274 and 274A”.

s.3(15)

In Schedule 22 (amendments of the Sentencing Code etc)—

s.3(15)(a)

after paragraph 59 insert—

s.3(15)(b)

in paragraph 73(a)(ii), after “274” insert “, 274A”;

s.3(15)(c)

in paragraph 101(2), after “274,” insert “274A,”.

s.3(16)

In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

s.3(16)(a)

in subsection (1A)—

s.3(16)(a)(i)

after “258,” insert “258A,”;

s.3(16)(a)(ii)

after “274,” insert “274A,”;

s.3(16)(a)(iii)

for “or 285” substitute “, 285 or 285A”;

s.3(16)(b)

in subsection (1B)—

s.3(16)(b)(i)

in paragraph (a), after “258” insert “or 258A”;

s.3(16)(b)(ii)

in paragraph (b), for “or 274” substitute “, 274 or 274A”;

s.3(16)(b)(iii)

in paragraph (c), for “or 285” substitute “, 285 or 285A”.

Pt.1(crossheading)(special)(constables)(and)(police)(federations)

Special constables and Police Federations

s.4

Special constables and Police Federations: amendments to the Police Act 1996

s.4(1)

The Police Act 1996 is amended as follows.

s.4(2)

In section 51 (regulations for special constables), in subsection (2), after paragraph (c) insert—

s.4(3)

Section 59 (Police Federations) is amended as set out in subsections (4) to (7).

s.4(4)

For subsection (1) substitute—

s.4(5)

After subsection (1A) insert—

s.4(6)

For subsection (2) substitute—

s.4(7)

For subsection (3) substitute—

s.4(8)

In section 60 (regulations for Police Federations), in subsection (2), in paragraph (e), for the words from the beginning to “requiring” substitute “about the pay, pension or allowances and other conditions of service for any member of a police force or special constable who is the secretary or officer of a Police Federation (including provision which applies existing regulations with modifications), and may require”.

Pt.1(crossheading)(police)(driving)(standards)

Police driving standards

s.5

Meaning of dangerous driving: constables etc

s.5(1)

Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is amended in accordance with subsections (2) to (4).

s.5(2)

In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”

s.5(3)

After subsection (1) insert—

s.5(4)

In subsection (3)—

s.5(4)(a)

after “(1)” insert “, (1B)”, and

s.5(4)(b)

after “driver” insert “or constable (as the case may be)”.

s.5(5)

The amendments made by this section have effect only in relation to driving occurring after this section comes into force.

s.6

Meaning of careless driving: constables etc

s.6(1)

Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is amended in accordance with subsections (2) to (4).

s.6(2)

In subsection (2), after “driver.” insert “But this subsection does not apply where subsection (2B) applies.”

s.6(3)

After subsection (2) insert—

s.6(4)

In subsection (3)—

s.6(4)(a)

after “(2)” insert “or (2B)”, and

s.6(4)(b)

after “driver” insert “or constable (as the case may be)”.

s.6(5)

The amendments made by this section have effect only in relation to driving occurring after this section comes into force.

s.7

Regulations relating to sections 5 and 6

In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after subsection (6) insert—

Pt.2

Prevention, investigation and prosecution of crime

Pt.2 Ch.1

Functions relating to serious violence

Pt.2 Ch.1(crossheading)(functions)(relating)(to)(serious)(violence)

Functions relating to serious violence

s.8

Duties to collaborate and plan to prevent and reduce serious violence

s.8(1)

The specified authorities for a local government area must collaborate with each other to prevent and reduce serious violence in the area.

s.8(2)

The duty imposed on the specified authorities for a local government area by subsection (1) includes a duty to plan together to exercise their functions so as to prevent and reduce serious violence in the area.

s.8(3)

In particular, the specified authorities for a local government area must—

s.8(3)(a)

identify the kinds of serious violence that occur in the area,

s.8(3)(b)

identify the causes of serious violence in the area, so far as it is possible to do so, and

s.8(3)(c)

prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

s.8(4)

In preparing a strategy under this section for a local government area, the specified authorities for the area must ensure that the following are consulted—

s.8(4)(a)

each educational authority for the area;

s.8(4)(b)

each prison authority for the area;

s.8(4)(c)

each youth custody authority for the area.

s.8(5)

A strategy under this section for a local government area may specify an action to be carried out by— See section 15 for further provision about the duties of such authorities in relation to such actions.

s.8(5)(a)

an educational authority for the area,

s.8(5)(b)

a prison authority for the area, or

s.8(5)(c)

a youth custody authority for the area.

s.8(6)

In preparing a strategy under this section for a local government area, the specified authorities for the area may invite participation from—

s.8(6)(a)

in the case of a strategy for a local government area in England, a person of a description for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

s.8(6)(b)

in the case of a strategy for a local government area in Wales, a person of a description for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act.

s.8(7)

Once a strategy has been prepared under this section for a local government area, the specified authorities for the area must—

s.8(7)(a)

publish the strategy,

s.8(7)(b)

keep the strategy under review, and

s.8(7)(c)

from time to time prepare and implement a revised strategy.

s.8(8)

A strategy under this section must not include any material that the specified authorities consider—

s.8(8)(a)

might jeopardise the safety of any person,

s.8(8)(b)

might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

s.8(8)(c)

might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

s.8(9)

A strategy under this section may cover an area that is wider than a local government area if it is also prepared in the exercise of the powers in section 9.

s.8(10)

The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

s.8(11)

References in subsections (4) to (10) to a strategy under this section include a revised strategy.

s.8(12)

This section does not affect any power of a specified authority to collaborate or plan apart from this section.

s.8(13)

For provisions about the interpretation of this section, see—

s.8(13)(a)

section 11 and Schedule 1 (specified authorities and local government areas);

s.8(13)(b)

section 12 and Schedule 2 (educational, prison and youth custody authorities);

s.8(13)(c)

section 13 (preventing and reducing serious violence).

s.9

Powers to collaborate and plan to prevent and reduce serious violence

s.9(1)

Two or more specified authorities may collaborate with each other to prevent and reduce serious violence in a relevant area.

s.9(2)

The power conferred on specified authorities by subsection (1) includes a power to plan together to exercise their functions so as to prevent and reduce serious violence in a relevant area.

s.9(3)

In particular, the specified authorities may—

s.9(3)(a)

identify the kinds of serious violence that occur in a relevant area,

s.9(3)(b)

identify the causes of serious violence in the area, and

s.9(3)(c)

prepare and implement a strategy for exercising their functions to prevent and reduce serious violence in the area.

s.9(4)

In preparing a strategy under this section for a relevant area, the specified authorities preparing the strategy must ensure that the following are consulted—

s.9(4)(a)

every other specified authority for the area;

s.9(4)(b)

each educational authority for the area;

s.9(4)(c)

each prison authority for the area;

s.9(4)(d)

each youth custody authority for the area.

s.9(5)

A strategy under this section for a relevant area may specify actions to be carried out by— See section 15 for further provision about the duties of such authorities in relation to such actions.

s.9(5)(a)

an educational authority for the area,

s.9(5)(b)

a prison authority for the area, or

s.9(5)(c)

a youth custody authority for the area.

s.9(6)

In preparing a strategy under this section for a relevant area, the specified authorities for the area may invite participation from—

s.9(6)(a)

in the case of a strategy for a relevant area in England, an eligible person for the time being prescribed by order of the Secretary of State under section 5(3) of the Crime and Disorder Act 1998;

s.9(6)(b)

in the case of a strategy for a relevant area in Wales, an eligible person for the time being prescribed by order of the Welsh Ministers under section 5(3) of that Act;

s.9(6)(c)

in the case of a strategy for a relevant area partly in England and partly in Wales, an eligible person for the time being prescribed by order of the Secretary of State or the Welsh Ministers under section 5(3) of that Act.

s.9(7)

For the purposes of subsection (6), an eligible person is— In this subsection “local government area” has the same meaning as in section 5 of the Crime and Disorder Act 1998 (see subsection (4) of that section).

s.9(7)(a)

where a person is prescribed in terms of a description which includes a connection to a local government area, a person of that description with such a connection to a local government area all or part of which coincides with or falls within the relevant area, or

s.9(7)(b)

a person prescribed in terms that do not refer to a connection with a local government area.

s.9(8)

Once a strategy has been prepared under this section for a relevant area, the specified authorities for the area—

s.9(8)(a)

must publish the strategy,

s.9(8)(b)

may keep the strategy under review, and

s.9(8)(c)

may from time to time prepare and implement a revised strategy.

s.9(9)

A strategy under this section must not include any material that the specified authorities consider—

s.9(9)(a)

might jeopardise the safety of any person,

s.9(9)(b)

might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

s.9(9)(c)

might compromise the security of, or good order or discipline within, an institution of a kind mentioned in the first column of a table in Schedule 2.

s.9(10)

The Secretary of State may by regulations make further provision for or in connection with the publication and dissemination of a strategy under this section.

s.9(11)

References in subsections (4) to (10) to a strategy under this section include a revised strategy.

s.9(12)

This section does not affect any power of a specified authority to collaborate or plan apart from this section.

s.9(13)

In this Chapter “relevant area”, in relation to a specified authority, educational authority, prison authority or youth custody authority means an area made up of—

s.9(13)(a)

all or part of a local government area for which it is a specified authority, educational authority, prison authority or youth custody authority, and

s.9(13)(b)

all or part of one or more other local government areas (regardless of whether, in the case of a specified authority or educational authority, it is also a specified authority or educational authority for the other area or areas).

s.9(14)

For further provisions about the interpretation of this section, see—

s.9(14)(a)

section 11 and Schedule 1 (specified authorities and local government areas);

s.9(14)(b)

section 12 and Schedule 2 (educational, prison and youth custody authorities);

s.9(14)(c)

section 13 (preventing and reducing serious violence).

s.10

Power to authorise collaboration etc. with other persons

s.10(1)

The Secretary of State may by regulations—

s.10(1)(a)

confer powers on a specified authority to collaborate with a prescribed person to prevent and reduce serious violence in a prescribed area;

s.10(1)(b)

confer powers on a prescribed person to collaborate with a specified authority to prevent and reduce serious violence in a prescribed area.

s.10(2)

The Secretary of State may by regulations authorise the disclosure of information—

s.10(2)(a)

by a prescribed person to any person listed in subsection (3) for the purposes of preventing and reducing serious violence in a prescribed area;

s.10(2)(b)

by any person listed in subsection (3) to a prescribed person for such purposes.

s.10(3)

Those persons are—

s.10(3)(a)

a specified authority;

s.10(3)(b)

a local policing body;

s.10(3)(c)

an educational authority;

s.10(3)(d)

a prison authority;

s.10(3)(e)

a youth custody authority.

s.10(4)

Regulations under subsection (2) may provide that a disclosure under the regulations does not breach—

s.10(4)(a)

any obligation of confidence owed by the person making the disclosure, or

s.10(4)(b)

any other restriction on the disclosure of information (however imposed).

s.10(5)

But if regulations under subsection (2) contain provision under subsection (4)(b), they must provide that they do not authorise a disclosure of information that—

s.10(5)(a)

would contravene the data protection legislation (but in determining whether a disclosure would do so, any power conferred by the regulations is to be taken into account), or

s.10(5)(b)

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

s.10(6)

Regulations under subsection (2) must not authorise—

s.10(6)(a)

the disclosure of patient information, or

s.10(6)(b)

the disclosure of personal information by a specified authority which is a health or social care authority.

s.10(7)

This section does not affect any power to collaborate or to disclose information apart from regulations under this section.

s.10(8)

In this section, “prescribed” means prescribed, or of a description prescribed, in regulations under this section.

s.10(9)

Regulations under this section may, in particular, prescribe persons by reference to the fact that they have been invited under section 8(6) or 9(6) to participate in the preparation of a strategy under section 8 or 9.

s.10(10)

In this Chapter—

s.11

Specified authorities and local government areas

s.11(1)

In this Chapter “specified authority” means a person listed in the first column of a table in Schedule 1.

s.11(2)

Subsection (3) applies to a specified authority listed in Schedule 1 in terms that refer to the exercise of particular functions or to a particular capacity that it has.

s.11(3)

References in this Chapter to the authority’s functions are to those functions or its functions when acting in that capacity.

s.11(4)

In this Chapter “local government area” means—

s.11(4)(a)

in relation to England, a district, a London borough, the City of London or the Isles of Scilly;

s.11(4)(b)

in relation to Wales, a county or county borough.

s.11(5)

For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

s.11(6)

For the purposes of this Chapter a specified authority listed in a table in Schedule 1 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

s.11(7)

The Secretary of State may by regulations amend Schedule 1 by adding, modifying or removing a reference to a specified authority or a local government area.

s.12

Educational, prison and youth custody authorities

s.12(1)

In this Chapter—

s.12(2)

For the purposes of this Chapter an educational authority, prison authority or a youth custody authority listed in a table in Schedule 2 is an authority for the local government area or (as the case may be) each local government area listed in the corresponding entry in the second column of the table.

s.12(3)

The Secretary of State may by regulations amend Schedule 2 by adding, modifying or removing an entry in a table in that Schedule.

s.13

Preventing and reducing serious violence

s.13(1)

In this Chapter—

s.13(1)(a)

references to preventing serious violence in an area are to preventing people from becoming involved in serious violence in the area, and

s.13(1)(b)

references to reducing serious violence in an area are to reducing instances of serious violence in the area.

s.13(2)

The reference in subsection (1)(a) to becoming involved in serious violence includes becoming a victim of serious violence.

s.13(3)

In this Chapter “violence”—

s.13(3)(a)

includes, in particular—

s.13(3)(a)(i)

domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

s.13(3)(a)(ii)

sexual offences,

s.13(3)(a)(iii)

violence against property, and

s.13(3)(a)(iv)

threats of violence;

s.13(3)(b)

does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

s.13(4)

In subsection (3)(a)(ii), “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

s.13(5)

In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

s.13(6)

In considering whether violence in an area amounts to serious violence for the purposes of this Chapter, account must be taken in particular of the following factors—

s.13(6)(a)

the maximum penalty which could be imposed for the offence (if any) involved in the violence,

s.13(6)(b)

the impact of the violence on any victim,

s.13(6)(c)

the prevalence of the violence in the area, and

s.13(6)(d)

the impact of the violence on the community in the area.

Pt.2 Ch.1(crossheading)(exercise)(of)(functions)

Exercise of functions

s.14

Involvement of local policing bodies

s.14(1)

A local policing body for a police area may assist a specified authority in the exercise of—

s.14(1)(a)

the authority’s functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

s.14(1)(b)

the authority’s functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

s.14(2)

A local policing body for a police area may—

s.14(2)(a)

monitor the exercise by specified authorities of their functions under or in accordance with section 8 in relation to a local government area which coincides with or falls within the police area, or

s.14(2)(b)

monitor the exercise by specified authorities of their functions under or in accordance with section 9 in relation to a relevant area which, or any part of which, coincides with or falls within the police area.

s.14(3)

A local policing body may report its findings under subsection (2) to the Secretary of State.

s.14(4)

The Secretary of State may by regulations make provision conferring functions on a local policing body for a police area for the purposes of subsection (1).

s.14(5)

Provision under subsection (4) may include provision—

s.14(5)(a)

for a local policing body to provide funding to a specified authority,

s.14(5)(b)

for a local policing body to arrange for meetings to be held for the purpose of assisting the exercise by specified authorities of their functions under or in accordance with section 8 or 9,

s.14(5)(c)

for the local policing body or a representative of the body to chair the meetings, and

s.14(5)(d)

for such descriptions and numbers of persons as the local policing body may specify to be required to attend the meetings.

s.14(6)

If a local policing body acts under subsection (1) or (2), or under regulations under subsection (4), in relation to the exercise by a specified authority of its functions under or in accordance with section 8 or 9, the authority must co-operate with the body.

s.14(7)

References in this Chapter (however expressed) to a specified authority exercising functions in accordance with section 8 or 9 are to the authority exercising functions conferred on it apart from this Chapter in accordance with the section in question.

s.15

Involvement of educational, prison and youth custody authorities

s.15(1)

An educational, prison or youth custody authority (a “relevant authority”) for a local government area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

s.15(2)

A relevant authority for a relevant area and a specified authority for that area may collaborate with each other to prevent and reduce serious violence in that area.

s.15(3)

A relevant authority and a specified authority must collaborate with each other as mentioned in subsection (1) or (2) if either the relevant authority or the specified authority requests the other to do so.

s.15(4)

A relevant authority must carry out any actions which are specified under section 8(5) or 9(5) as actions to be carried out by the authority.

s.15(5)

A relevant authority for a local government area—

s.15(5)(a)

may collaborate with another relevant authority for that area to prevent and reduce serious violence in that area, and

s.15(5)(b)

must collaborate with another relevant authority for that area for those purposes if requested by that other relevant authority to do so.

s.15(6)

A relevant authority (“RA1”) may collaborate with another relevant authority (“RA2”) to prevent and reduce serious violence in an area which is made up of—

s.15(6)(a)

all or part of the local government area for which RA1 is a relevant authority, and

s.15(6)(b)

all or part of the local government area for which RA2 is a relevant authority.

s.15(7)

A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and a specified authority is not subject to a duty in subsection (3), if or to the extent that compliance with the duty—

s.15(7)(a)

would be incompatible with any other duty of the authority imposed by an enactment (other than subsection (5)(b)),

s.15(7)(b)

would otherwise have an adverse effect on the exercise of the authority’s functions,

s.15(7)(c)

would be disproportionate to the need to prevent and reduce serious violence in the area to which the duty relates, or

s.15(7)(d)

would mean that the authority incurred unreasonable costs.

s.15(8)

In determining whether subsection (7) applies to an authority, the cumulative effect of complying with duties under this section must be taken into account.

s.15(9)

Subsection (7) or (8) does not apply in relation to the duty of a relevant authority to collaborate with a specified authority under subsection (3) to the extent that it relates to—

s.15(9)(a)

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 8 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section, or

s.15(9)(b)

the exercise by the specified authority of its function under subsection (3)(a) or (b) of section 9 of identifying the kinds or causes of serious violence in an area or its function of preparing a strategy under subsection (3)(c) of that section.

s.15(10)

This section does not affect any power to collaborate apart from this section.

s.15(11)

In this section “enactment” includes—

s.15(11)(a)

an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

s.15(11)(b)

an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.

s.16

Disclosure of information

s.16(1)

A person listed in subsection (2) may disclose information that it holds for the purposes of its functions to another person listed in that subsection for the purposes of the exercise by the other person of its functions under or in accordance with this Chapter.

s.16(2)

Those persons are—

s.16(2)(a)

a specified authority;

s.16(2)(b)

a local policing body;

s.16(2)(c)

an educational authority;

s.16(2)(d)

a prison authority;

s.16(2)(e)

a youth custody authority.

s.16(3)

A disclosure of information authorised by this section does not breach—

s.16(3)(a)

any obligation of confidence owed by the person making the disclosure, or

s.16(3)(b)

any other restriction on the disclosure of information (however imposed).

s.16(4)

But this section does not authorise—

s.16(4)(a)

the disclosure of patient information,

s.16(4)(b)

the disclosure of personal information by a specified authority which is a health or social care authority,

s.16(4)(c)

a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

s.16(4)(d)

a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

s.16(5)

Subsection (6) applies if—

s.16(5)(a)

a disclosure of information under this section is also permitted by regulations under section 6(2) of the Crime and Disorder Act 1998 or by section 115 of that Act (but is not also a disclosure under section 17A of that Act), and

s.16(5)(b)

a condition or limitation applies to a disclosure under those regulations or section 115 of that Act by virtue of such regulations.

s.16(6)

The condition or limitation does not apply to the disclosure of information under this section.

s.16(7)

This section does not otherwise affect any power to disclose information apart from this section.

s.17

Supply of information to local policing bodies

s.17(1)

A local policing body may, for the purposes of enabling or assisting it to exercise its functions under section 14 in relation to an area, request any person listed in subsection (2) to supply it with such information as may be specified in the request.

s.17(2)

Those persons are—

s.17(2)(a)

a specified authority for that area;

s.17(2)(b)

an educational authority for that area;

s.17(2)(c)

a prison authority for that area;

s.17(2)(d)

a youth custody authority for that area.

s.17(3)

Information requested under subsection (1) must be information that is held by the person to whom the request is made and that relates to—

s.17(3)(a)

the person to whom the request was made,

s.17(3)(b)

a function of the person to whom the request was made, or

s.17(3)(c)

a person in respect of whom a function is exercisable by the person requested to supply the information.

s.17(4)

Subject to subsection (6), a person who is requested to supply information under subsection (1) must comply with the request.

s.17(5)

A disclosure of information required by subsection (4) does not breach—

s.17(5)(a)

any obligation of confidence owed by the person making the disclosure, or

s.17(5)(b)

any other restriction on the disclosure of information (however imposed).

s.17(6)

But subsection (4) does not require—

s.17(6)(a)

the disclosure of patient information,

s.17(6)(b)

the disclosure of personal information by a specified authority which is a health or social care authority,

s.17(6)(c)

a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account), or

s.17(6)(d)

a disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

s.17(7)

Information supplied to a local policing body under this section may be used by the body only for the purpose of enabling or assisting it to exercise its functions under section 14.

s.18

Directions

s.18(1)

Subsection (2) applies if the Secretary of State is satisfied that—

s.18(1)(a)

a specified authority has failed to discharge a duty imposed on it by section 8, 14(6), 15(3) or 17(4), or

s.18(1)(b)

an educational authority, prison authority or youth custody authority has failed to discharge a duty imposed on it by section 15(3), (4) or (5)(b) or 17(4).

s.18(2)

The Secretary of State may give directions to the authority for the purpose of securing compliance with the duty.

s.18(3)

A direction under subsection (2) may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.

s.18(4)

The Secretary of State must obtain the consent of the Welsh Ministers before giving a direction under this section to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

s.18(5)

This section does not apply in relation to—

s.18(5)(a)

a provider of probation services if that provider is the Secretary of State,

s.18(5)(b)

the governor of a prison, young offender institution or secure training centre, or

s.18(5)(c)

the principal of a directly managed secure college as defined in paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.

s.19

Guidance

s.19(1)

A person listed in subsection (2) must have regard to guidance issued by the Secretary of State—

s.19(1)(a)

in exercising any function conferred by or by virtue of this Chapter, or

s.19(1)(b)

in exercising any function in accordance with this Chapter.

s.19(2)

Those persons are—

s.19(2)(a)

a specified authority;

s.19(2)(b)

a person prescribed in regulations under section 10;

s.19(2)(c)

a local policing body;

s.19(2)(d)

an educational authority;

s.19(2)(e)

a prison authority;

s.19(2)(f)

a youth custody authority.

s.19(3)

The Secretary of State must consult the Welsh Ministers before issuing guidance relating to the exercise of functions as mentioned in subsection (1) by a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

s.19(4)

After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

Pt.2 Ch.1(crossheading)(amendments)(to)(the)(crime)(and)(disorder)(act)(1998)(etc)

Amendments to the Crime and Disorder Act 1998 etc

s.20

Amendments to the Crime and Disorder Act 1998

s.20(1)

The Crime and Disorder Act 1998 is amended as follows.

s.20(2)

In section 5A (combination agreements: further provision)—

s.20(2)(a)

in subsection (2), after paragraph (c) insert—

s.20(2)(b)

after subsection (9) insert—

s.20(3)

Section 6 (formulation and implementation of strategies) is amended in accordance with subsections (4) to (7).

s.20(4)

In subsection (1), at the end of paragraph (c) insert

s.20(5)

In subsection (6)—

s.20(5)(a)

omit the “or” at the end of paragraph (a), and

s.20(5)(b)

after paragraph (b) insert—

s.20(6)

In subsection (9), at the end of paragraph (a) insert “and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales”.

s.20(7)

After subsection (9) insert—

s.20(8)

Section 17 (duty to consider crime and disorder implications) is amended in accordance with subsections (9) to (11).

s.20(9)

In subsection (1), at the end of paragraph (c) insert

s.20(10)

After subsection (1) insert—

s.20(11)

After subsection (5) insert—

s.20(12)

In section 18 (interpretation of Chapter 1)—

s.20(12)(a)

in subsection (1), at the appropriate place insert—

s.20(12)(b)

after that subsection insert—

s.21

Amendment to the Police and Justice Act 2006

In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters: interpretation), in the definition of “local crime and disorder matter”—

s.21(a)

omit the “or” at the end of paragraph (a), and

s.21(b)

at the end of paragraph (b) insert

Pt.2 Ch.1(crossheading)(general)

General

s.22

Regulations

s.22(1)

Regulations under this Chapter are to be made by statutory instrument.

s.22(2)

Regulations under this Chapter—

s.22(2)(a)

may make different provision for different purposes or areas;

s.22(2)(b)

may make consequential, supplementary, incidental, transitional, transitory or saving provision.

s.22(3)

The Secretary of State must consult the Welsh Ministers before making regulations under this Chapter if and to extent that the regulations make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).

s.22(4)

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

s.22(5)

Subsection (4) does not apply to a statutory instrument containing only one or more of the following—

s.22(5)(a)

regulations under section 8(10);

s.22(5)(b)

regulations under section 9(10);

s.22(5)(c)

regulations under section 11(7) which make provision for the removal of an entry in Schedule 1 where the authority concerned has ceased to exist;

s.22(5)(d)

regulations under section 11(7) which make provision for the modification of an entry in Schedule 1 in consequence of a change of name or transfer of functions;

s.22(5)(e)

regulations under section 12(3) which make provision for the removal of an entry in Schedule 2 where the authority concerned has ceased to exist;

s.22(5)(f)

regulations under section 12(3) which make provision for the modification of an entry in Schedule 2 in consequence of a change of name or transfer of functions;

s.22(5)(g)

regulations under section 14(4).

s.22(6)

A statutory instrument within subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

s.23

Index of defined expressions

In this Chapter an expression listed in the first column of the table has the meaning given by, or is to be interpreted in accordance with, the corresponding provision listed in the second column.

s.23/section(370)

Pt.2 Ch.2

Offensive weapons homicide reviews

s.24

Duty to arrange a review

s.24(1)

Where a review partner considers that— the review partner must join with the other relevant review partners in respect of the death in arranging for there to be a review under this section of the person’s death.

s.24(1)(a)

the death of a person was, or is likely to have been, a qualifying homicide,

s.24(1)(b)

the death occurred, or is likely to have occurred, in England or Wales,

s.24(1)(c)

such other conditions as the Secretary of State may specify by regulations are satisfied, including, for example, conditions relating to—

s.24(1)(c)(i)

the circumstances of or relating to the death,

s.24(1)(c)(ii)

the circumstances or history of the person who died, or

s.24(1)(c)(iii)

the circumstances or history of other persons with a connection to the death, and

s.24(1)(d)

the review partner is one of the relevant review partners in respect of the death (see section 25),

s.24(2)

Subsection (1) is subject to subsections (3) to (5) and section 26.

s.24(3)

If the review partner considers, on further information, that any of the conditions mentioned in subsection (1)(a) to (c) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death (and a review may accordingly be discontinued).

s.24(4)

If the review partner considers, on further information, that the condition mentioned in subsection (1)(d) is not satisfied in the case of the person’s death, the review partner ceases to be under a duty to arrange for there to be a review under this section of the death, except where such a review of the death has already started to take place under arrangements made by the review partner and other review partners.

s.24(5)

Subsection (1) does not require a review partner to arrange for there to be a review under this section of a person’s death if such a review of the death has already taken place, or started to take place, under arrangements made by other review partners.

s.24(6)

For the purposes of this section, the homicide of a person is a qualifying homicide if—

s.24(6)(a)

the person was aged 18 or over, and

s.24(6)(b)

the death, or the events surrounding it, involved the use of an offensive weapon.

s.24(7)

The Secretary of State may by regulations—

s.24(7)(a)

amend this section so as to alter the meaning of “qualifying homicide”, and

s.24(7)(b)

make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.

s.24(8)

In this section “offensive weapon” has the same meaning as in section 1 of the Prevention of Crime Act 1953.

s.25

Relevant review partners

s.25(1)

The Secretary of State may by regulations make provision for identifying which review partners are to be the relevant review partners in respect of a person’s death.

s.25(2)

The regulations may provide that the relevant review partners in respect of a person’s death are—

s.25(2)(a)

a chief officer of police for a police area in England or Wales of a description specified in the regulations,

s.25(2)(b)

a local authority of a description specified in the regulations or, in a case of a description specified in the regulations, a county council and a district council of a description specified in the regulations, and

s.25(2)(c)

an integrated care board or a local health board of a description specified in the regulations.

s.25(3)

The regulations may, in particular, provide that, in a case of a description specified in the regulations, the relevant review partners in respect of a person’s death are—

s.25(3)(a)

the chief officer of police for the police area in England or Wales in which the death occurred or is likely to have occurred,

s.25(3)(b)

the local authority in whose area the death occurred or is likely to have occurred or, if the death occurred or is likely to have occurred within the area of a district council whose area is within the area of a county council, both of those local authorities, and

s.25(3)(c)

the integrated care board or the local health board in whose area the death occurred or is likely to have occurred.

s.25(4)

The regulations may include provision for identifying the relevant review partners in respect of a person’s death by reference to other matters, including—

s.25(4)(a)

the last known place of residence of the person who died;

s.25(4)(b)

an earlier place of residence of the person who died;

s.25(4)(c)

the place of residence of the person who caused or is likely to have caused, or of any of the persons who caused or are likely to have caused, the person’s death;

s.25(4)(d)

the police area in England or Wales of the police force that is investigating or has investigated the person’s death.

s.25(5)

The regulations may—

s.25(5)(a)

provide for a group of review partners to agree with another group of review partners to be the relevant review partners in respect of a person’s death instead of that other group;

s.25(5)(b)

provide for review partners of a description specified in the regulations to agree between them which of them is a relevant review partner in respect of a person’s death;

s.25(5)(c)

provide for the Secretary of State to give a direction specifying which review partners are the relevant review partners in respect of a person’s death.

s.26

Relationship with other review requirements

s.26(1)

The duty in section 24(1) does not apply in relation to a death if—

s.26(1)(a)

a child death review must or may be arranged in relation to the death (see section 16M(1) and (2) of the Children Act 2004),

s.26(1)(b)

the death may be the subject of a domestic abuse related death review or domestic homicide review (see sections 8A and 9 of the Domestic Violence, Crime and Victims Act 2004), or

s.26(1)(c)

a safeguarding adults review must or may be established in relation to the death (see section 44(1) and (4) of the Care Act 2014).

s.26(2)

The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death which may or must be investigated under arrangements made by NHS bodies with respect to deaths caused by persons who are receiving or have received any health services relating to mental health.

s.26(3)

The duty in section 24(1) does not apply in relation to a death if regulations under section 135(4)(a) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) require a Safeguarding Board to undertake a review of the death.

s.26(4)

The Secretary of State may by regulations make provision about the duty in section 24(1) not applying in the case of a death, caused by a person who is receiving or has received any health services relating to mental health, where there may be a review of, or investigation into, the provision of that health care under section 70 of the Health and Social Care (Community Health and Standards) Act 2003.

s.27

Notification of Secretary of State

s.27(1)

If a review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner must notify the Secretary of State before the end of the notification period of one of the following—

s.27(1)(a)

that the review partner is under a duty to arrange for there to be a review under section 24 of the person’s death,

s.27(1)(b)

that the review partner is not under that duty in respect of the death, or

s.27(1)(c)

that the review partner has not been able to take a decision on the matter.

s.27(2)

Subsection (1) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.

s.27(3)

If a review partner gives a notification under subsection (1)(c), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.

s.27(4)

Where a review partner— the review partner must notify the Secretary of State of that decision.

s.27(4)(a)

notifies the Secretary of State that the review partner is under a duty to arrange a review under section 24 of a death, but

s.27(4)(b)

before the review starts to take place, decides that the review partner is not under that duty in respect of that death (see section 24(3) and (4)),

s.27(5)

Where a review under section 24 of a death is discontinued because the review partner considers that a condition mentioned in section 24(1)(a) to (c) is not satisfied in relation to the death (see section 24(3)), the review partner must notify the Secretary of State.

s.27(6)

Where a review partner— the review partner must notify the Secretary of State of that decision.

s.27(6)(a)

notifies the Secretary of State that the review partner is not under a duty to arrange a review under section 24 of a death, but

s.27(6)(b)

afterwards decides that the review partner is under that duty in respect of that death,

s.27(7)

For the purposes of this section, a review partner becomes aware of qualifying circumstances in relation to a person’s death if the review partner becomes aware of such facts as make it likely that—

s.27(7)(a)

the conditions mentioned in section 24(1)(a) and (b) are satisfied in relation to the death, and

s.27(7)(b)

the review partner is one of the relevant review partners in respect of the death.

s.27(8)

In this section “the notification period”, in relation to notification by a review partner, means the period of one month beginning with the day on which the review partner becomes aware of qualifying circumstances in relation to the death in question.

s.28

Conduct of review

s.28(1)

Where a review under section 24 of a person’s death takes place, the review partners that arranged it must co-operate in and contribute to the carrying out of the review.

s.28(2)

The purposes of a review under section 24 are—

s.28(2)(a)

to identify the lessons to be learnt from the death, and

s.28(2)(b)

to consider whether it would be appropriate for anyone to take action in respect of those lessons learned.

s.28(3)

Where the review partners consider that it would be appropriate for a person to take action as mentioned in subsection (2)(b), they must inform that person.

s.28(4)

The review partners must prepare a report on the review and send it to the Secretary of State.

s.28(5)

The report must include—

s.28(5)(a)

the findings of the review,

s.28(5)(b)

any conclusions drawn by the review partners, and

s.28(5)(c)

recommendations made in light of those findings and conclusions (including those referred to in subsection (3)).

s.28(6)

The review partners must not include in the report sent to the Secretary of State material that they consider—

s.28(6)(a)

might jeopardise the safety of any person, or

s.28(6)(b)

might prejudice the investigation or prosecution of an offence.

s.28(7)

The Secretary of State must publish, or make arrangements for the publication of, the report, unless the Secretary of State considers it inappropriate for the report to be published.

s.28(8)

If the Secretary of State considers it inappropriate for the report to be published, the Secretary of State must publish, or make arrangements for the publication of, so much of the contents of the report as the Secretary of State considers appropriate to be published.

s.29

Information

s.29(1)

A review partner may request a person to provide information specified in the request to the review partner or another review partner.

s.29(2)

A review partner may make a request to a person under this section only if the conditions in subsections (3) and (4) are satisfied.

s.29(3)

The condition in this subsection is that the request is made for the purpose of enabling or assisting the performance of functions conferred on a review partner by sections 24 to 28.

s.29(4)

The condition in this subsection is that the request is made to a person whose functions or activities are considered by the review partner to be such that the person is likely to have information that would enable or assist the performance of functions conferred on a review partner by sections 24 to 28.

s.29(5)

The person to whom a request under this section is made must comply with the request.

s.29(6)

The review partner that made the request may enforce the duty under subsection (5) against the person by making an application to the High Court or the county court for an injunction.

s.29(7)

A review partner may provide information to another review partner for the purpose of enabling or assisting the performance of functions under sections 24 to 28.

s.30

Information: supplementary

s.30(1)

A person may not be required under section 29 to disclose information that the person could not be compelled to disclose in proceedings before the High Court.

s.30(2)

A disclosure of information required or authorised by sections 27 to 29 does not breach—

s.30(2)(a)

any obligation of confidence owed by the person making the disclosure, or

s.30(2)(b)

any other restriction on the disclosure of information (however imposed).

s.30(3)

But sections 27 to 29 do not require or authorise a disclosure of information that—

s.30(3)(a)

would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed or power conferred by the section in question is to be taken into account), or

s.30(3)(b)

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

s.30(4)

Sections 27 to 29 do not affect any duty or power to disclose information apart from those sections.

s.30(5)

In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

s.31

Delegating functions

s.31(1)

The Secretary of State may by regulations make provision enabling the relevant review partners in respect of a person’s death to act jointly to appoint— to carry out on their behalf, in relation to the person’s death, one or more of the functions specified in the regulations.

s.31(1)(a)

one of themselves, or

s.31(1)(b)

another person,

s.31(2)

Regulations under subsection (1) may specify some or all of the functions of a review partner under section 28 or 29 relating to a review under section 24 or a report on the review.

s.31(3)

The Secretary of State may by regulations make provision enabling— to agree that one of them carry out on behalf of the other one or more of the functions specified in the regulations.

s.31(3)(a)

a county council, and

s.31(3)(b)

a district council for an area that is within the area of the county council,

s.31(4)

Regulations under subsection (3) may specify some or all of the functions of a review partner under sections 24 to 29.

s.32

Guidance

s.32(1)

Review partners must have regard to any guidance issued by the Secretary of State in connection with functions conferred on them under sections 24 to 31.

s.32(2)

Before issuing guidance under this section, the Secretary of State must consult—

s.32(2)(a)

persons appearing to the Secretary of State to represent review partners,

s.32(2)(b)

the Welsh Ministers, so far as the proposed guidance relates to a devolved Welsh authority, and

s.32(2)(c)

such other persons as the Secretary of State considers appropriate.

s.32(3)

After issuing guidance under this section, the Secretary of State must lay a copy of the guidance before Parliament.

s.33

Power to pay grant: local health boards

Section 31(2) to (5) of the Local Government Act 2003 (power of the Secretary of State to pay grant to local authorities in Wales) applies in relation to local health boards in Wales and expenditure incurred or to be incurred by those local health boards in the exercise of their functions under this Chapter as it applies in relation to local authorities in Wales and expenditure incurred or to be incurred by those local authorities.

s.34

Piloting

s.34(1)

The Secretary of State may exercise the power in section 208(1) so as to bring sections 24 to 30, 32 and 33 into force— only if the conditions in subsections (2) and (3) are met.

s.34(1)(a)

for all purposes, and

s.34(1)(b)

in relation to the whole of England and Wales,

s.34(2)

The condition in this subsection is that regulations under section 208(1) have brought some or all of sections 24 to 30, 32 and 33 into force only—

s.34(2)(a)

for one or more specified purposes, or

s.34(2)(b)

in relation to one or more specified areas.

s.34(3)

The condition in this subsection is that the Secretary of State has laid before Parliament a report on the operation of some or all of the provisions of sections 24 to 31—

s.34(3)(a)

for one or more of those purposes, or

s.34(3)(b)

in relation to one or more of those areas.

s.34(4)

Regulations under section 208(1) which bring any provision of sections 24 to 30, 32 and 33 into force only for a specified purpose or in relation to a specified area may—

s.34(4)(a)

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

s.34(4)(b)

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

s.34(5)

Regulations containing provision by virtue of subsection (4)(a) may be amended by subsequent regulations under section 208(1) so as to continue any provision of sections 24 to 30, 32 and 33 in force— for a further specified period.

s.34(5)(a)

for the specified purpose, or

s.34(5)(b)

in relation to the specified area,

s.34(6)

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

s.35

Regulations

s.35(1)

Regulations under this Chapter are to be made by statutory instrument.

s.35(2)

Regulations under this Chapter—

s.35(2)(a)

may make different provision for different purposes and different provision for different areas;

s.35(2)(b)

may make consequential, supplementary, incidental, transitional, transitory or saving provision.

s.35(3)

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

s.35(4)

Subsection (3) does not apply to a statutory instrument containing only regulations under section 26(2) or (4).

s.35(5)

A statutory instrument within subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

s.36

Interpretation

s.36(1)

In this Chapter—

s.36(2)

The Secretary of State may by regulations—

s.36(2)(a)

amend the definition of “review partner”, and

s.36(2)(b)

make such consequential amendments of this Chapter as appear to the Secretary of State to be appropriate.

s.36(3)

Before making regulations under subsection (2), the Secretary of State must consult—

s.36(3)(a)

such persons as appear to the Secretary of State to represent review partners,

s.36(3)(b)

the Welsh Ministers, so far as the proposed regulations relate to a devolved Welsh authority, and

s.36(3)(c)

such other persons as the Secretary of State considers appropriate.

Pt.2 Ch.3

Extraction of information from electronic devices

s.37

Extraction of information from electronic devices: investigations of crime etc

s.37(1)

An authorised person may extract information stored on an electronic device from that device if—

s.37(1)(a)

a user of the device has voluntarily provided the device to an authorised person, and

s.37(1)(b)

that user has agreed to the extraction of information from the device by an authorised person.

s.37(2)

The power in subsection (1) may be exercised only for the purposes of—

s.37(2)(a)

preventing, detecting, investigating or prosecuting crime,

s.37(2)(b)

helping to locate a missing person, or

s.37(2)(c)

protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.

s.37(3)

The reference in subsection (2) to crime is a reference to—

s.37(3)(a)

conduct which constitutes one or more criminal offences in any part of the United Kingdom, or

s.37(3)(b)

conduct which, if it took place in any part of the United Kingdom, would constitute one or more criminal offences.

s.37(4)

For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult—

s.37(4)(a)

is experiencing, or at risk of, neglect or physical, mental or emotional harm, and

s.37(4)(b)

is unable to protect themselves against the neglect or harm or the risk of it.

s.37(5)

An authorised person may exercise the power in subsection (1) only if—

s.37(5)(a)

in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,

s.37(5)(b)

in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose, and

s.37(5)(c)

in any case, the authorised person is satisfied that exercise of the power is necessary and proportionate to achieve the purpose within subsection (2) for which the person proposes to exercise the power.

s.37(6)

Subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than—

s.37(6)(a)

information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or

s.37(6)(b)

information necessary for a purpose within subsection (2) of section 41 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section.

s.37(7)

The authorised person must, to be satisfied that the exercise of the power in subsection (1) is proportionate, be satisfied that—

s.37(7)(a)

there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

s.37(7)(b)

there are such other means, but it is not reasonably practicable to use them.

s.37(8)

Subsection (9) applies if the authorised person thinks that, in exercising the power in subsection (1), there is a risk of obtaining confidential information.

s.37(9)

The authorised person must, to be satisfied that the exercise of the power is proportionate—

s.37(9)(a)

have regard to the matters in subsection (10), and

s.37(9)(b)

be satisfied that—

s.37(9)(b)(i)

there are no other means of obtaining the information sought by the authorised person which avoid that risk, or

s.37(9)(b)(ii)

there are such other means, but it is not reasonably practicable to use them.

s.37(10)

The matters referred to in subsection (9)(a) are—

s.37(10)(a)

the amount of confidential information likely to be stored on the device, and

s.37(10)(b)

the potential relevance of the confidential information to—

s.37(10)(b)(i)

a purpose within subsection (2) for which the authorised person may exercise the power, or

s.37(10)(b)(ii)

a purpose within subsection (2) of section 41 for which the authorised person may exercise the power in subsection (1) of that section.

s.37(11)

An authorised person must have regard to the code of practice for the time being in force under section 42 in exercising, or deciding whether to exercise, the power in subsection (1).

s.37(12)

This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by an enactment or rule of law.

s.37(13)

In this Chapter—

s.37(14)

References in this Chapter to the extraction of information include its reproduction in any form.

s.37(15)

This section is subject to sections 38 (children, and adults without capacity), 39 (requirements for voluntary provision and agreement) and 40 (persons who have died etc).

s.38

Application of section 37 to children and adults without capacity

s.38(1)

A child is not to be treated for the purposes of section 37(1) as being capable of—

s.38(1)(a)

voluntarily providing an electronic device to an authorised person for those purposes, or

s.38(1)(b)

agreeing for those purposes to the extraction of information from the device by an authorised person.

s.38(2)

If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—

s.38(2)(a)

voluntarily provide the device to an authorised person for the purposes of section 37(1), and

s.38(2)(b)

agree for those purposes to the extraction of information from the device by an authorised person.

s.38(3)

The persons mentioned in subsection (2) are—

s.38(3)(a)

a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or

s.38(3)(b)

if no person within paragraph (a) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

s.38(4)

Before exercising the power under section 37(1) by virtue of subsection (2), an authorised person must, so far as it is reasonably practicable to do so—

s.38(4)(a)

ascertain the views of the child, and

s.38(4)(b)

have regard to any views so ascertained, taking account of the child’s age and maturity.

s.38(5)

If an authorised person (“A”) exercises the power under section 37(1) as a result of action taken under subsection (2) by a person within subsection (3)(b), A must, unless A considers that it is not appropriate to do so, inform a person within subsection (3)(a) that A has exercised the power.

s.38(6)

An adult without capacity is not to be treated for the purposes of section 37(1) as being capable of—

s.38(6)(a)

voluntarily providing an electronic device to an authorised person for those purposes, or

s.38(6)(b)

agreeing for those purposes to the extraction of information from the device by an authorised person.

s.38(7)

If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection (8) may—

s.38(7)(a)

voluntarily provide the device to an authorised person for the purposes of section 37(1), and

s.38(7)(b)

agree for those purposes to the extraction of information from the device by an authorised person.

s.38(8)

The persons mentioned in subsection (7) are—

s.38(8)(a)

a parent or guardian of the adult without capacity or, if the adult without capacity is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

s.38(8)(b)

a registered social worker,

s.38(8)(c)

a person who, under a power of attorney, may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity,

s.38(8)(d)

a deputy appointed under section 16 of the Mental Capacity Act 2005 or section 113 of the Mental Capacity Act (Northern Ireland) 2016 who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that appointment,

s.38(8)(e)

a person authorised under an intervention order under section 53 of the Adults with Incapacity (Scotland) Act 2000 (asp 4) who may make decisions for the purposes of subsection (7)(a) and (b) on behalf of the adult without capacity by virtue of that authorisation, or

s.38(8)(f)

if no person within any of paragraphs (a) to (e) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

s.38(9)

Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—

s.38(9)(a)

voluntarily providing the device to an authorised person for the purposes of section 37(1), or

s.38(9)(b)

agreeing for those purposes to the extraction of information from the device by an authorised person.

s.38(10)

For the purposes of this Chapter a person is an adult without capacity if—

s.38(10)(a)

in relation to England and Wales, the person is an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity to do the things mentioned in section 37(1)(a) and (b);

s.38(10)(b)

in relation to Scotland, the person is an adult (within the meaning of this Chapter) who is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000 in relation to the matters mentioned in section 37(1)(a) and (b);

s.38(10)(c)

in relation to Northern Ireland, the person is an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity to do the things mentioned in section 37(1)(a) and (b).

s.38(11)

In this Chapter—

s.38(12)

This section is subject to section 39 (requirements for voluntary provision and agreement).

s.39

Requirements for voluntary provision and agreement

s.39(1)

A person (“P”) is to be treated for the purposes of section 37 or 38 as having— only if the requirements of this section have been met.

s.39(1)(a)

voluntarily provided an electronic device to an authorised person, and

s.39(1)(b)

agreed to the extraction of information from the device by an authorised person,

s.39(2)

An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.

s.39(3)

An authorised person must have given P notice in writing—

s.39(3)(a)

specifying or describing the information that is sought,