acthub.

Serious Crime Act 2015

Sections170

Serious Crime Act 2015

2015 c. 9

An Act to amend the Proceeds of Crime Act 2002, the Computer Misuse Act 1990, Part 4 of the Policing and Crime Act 2009, section 1 of the Children and Young Persons Act 1933, the Sexual Offences Act 2003, the Street Offences Act 1959, the Female Genital Mutilation Act 2003, the Prohibition of Female Genital Mutilation (Scotland) Act 2005, the Prison Act 1952 and the Terrorism Act 2006; to make provision about involvement in organised crime groups and about serious crime prevention orders; to make provision for the seizure and forfeiture of drug-cutting agents; to make it an offence to possess an item that contains advice or guidance about committing sexual offences against children; to create an offence in relation to controlling or coercive behaviour in intimate or family relationships; to make provision for the prevention or restriction of the use of communication devices by persons detained in custodial institutions; to make provision approving for the purposes of section 8 of the European Union Act 2011 certain draft decisions under Article 352 of the Treaty on the Functioning of the European Union relating to serious crime; to make provision about codes of practice that relate to the exercise and performance, in connection with the prevention or detection of serious crime, of powers and duties in relation to communications; and for connected purposes.

Enacted[3rd March 2015]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1  Proceeds of crime

CHAPTER 1 England and Wales

Confiscation: assets held by defendant and other

I771 Determination of extent of defendant's interest in property

After section 10 of the Proceeds of Crime Act 2002 insert—

I1502 Provision of information

1 In section 16 of the Proceeds of Crime Act 2002 (statement of information), after subsection (6) insert—
2 In section 18 of that Act (provision of information by defendant)—
a in subsection (2), after “functions” insert “ (including functions under section 10A) ”;
b in subsection (6)(b), for “deciding the available amount under section 9,” substitute
.
3 After that section insert—

I143 Appeals

1 In section 31 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—
2 In section 32 of that Act (court's powers on appeal), after subsection (2) insert—
3 In section 33 of that Act (appeal to Supreme Court)—
a for subsection (2) substitute—
;
b after subsection (3) insert—

I474 Enforcement receivers

In section 51 of the Proceeds of Crime Act 2002 (powers of receivers etc), after subsection (8A) insert—

Confiscation: other amendments

I35 Time for payment

1 For section 11 of the Proceeds of Crime Act 2002 substitute—
2 In section 12 of that Act (interest on unpaid sums), for subsection (3) substitute—
3 In section 87 of that Act (interpretation: confiscation orders), after subsection (1) insert—

I1086 Confiscation and victim surcharge orders

1 Section 13 of the Proceeds of Crime Act 2002 (effect of order on court's other powers) is amended as follows.
2 In subsection (3), in paragraph (a), for the words from “an order under section 130” to the end substitute “ a priority order ”.
3 After subsection (3) insert—
4 For subsection (5) substitute—
5 In subsection (6), for “compensation or amount payable under the unlawful profit order (or both)” substitute “ amount payable under the priority order (or orders) ”.

I2347 Orders for securing compliance with confiscation order

After section 13 of the Proceeds of Crime Act 2002 insert—

I2278 Variation or discharge

1 In section 23 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
2 After section 25 of that Act insert—
3 Section 25A of that Act (inserted by subsection (2) above) applies to—
za a confiscation order made under the Drug Trafficking Offences Act 1986,
a a confiscation order made under Part 6 of the Criminal Justice Act 1988, or
b a confiscation order made under the Drug Trafficking Act 1994,
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.

I559 Absconding defendants

1 In section 27 of the Proceeds of Crime Act 2002 (absconding defendant convicted or committed), for subsection (2) substitute—
2 For subsections (6) and (7) of that section substitute—
3 In section 28 of that Act (absconding defendant neither convicted nor acquitted), in subsection (2)(c), for “two years” substitute “ three months ”.
4 For subsection (6) of that section substitute—

I23910 Default sentences

1 In section 35 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
2 In section 459(6)(a) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 35(2C), ”.
3 In section 258 of the Criminal Justice Act 2003 (early release of fine defaulters etc), after subsection (2A) insert—
4 In section 330(5) of that Act (orders subject to affirmative resolution procedure), at the appropriate place in the list of provisions in paragraph (a) insert “ section 258(2C), ”.

I19311 Conditions for exercise of restraint order powers

1 In section 40 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 41 of that Act (restraint orders), after subsection (7) insert—

I10312 Continuation of restraint order after quashed conviction

In section 42 of the Proceeds of Crime Act 2002 (application, discharge and variation of restraint orders), after subsection (6) insert—

I22213 Conditions for exercise of search and seizure powers

1 In section 47B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 47G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—
.

I11014 Seized money etc

1 In section 67 of the Proceeds of Crime Act 2002 (seized money), for subsections (4) and (5) substitute—
2 After subsection (5) of that section insert—
3 After subsection (7) of that section insert—
4 In section 67A of that Act (seized personal property), for subsections (2) and (3) substitute—
5 In section 459(6)(a) of that Act (orders subject to affirmative resolution procedure), before “75(7) or (8)” insert “ 67(7A), ”.

CHAPTER 2 Scotland

Confiscation

I44I21015 Restitution order and victim surcharge

1 In section 97 of the Proceeds of Crime Act 2002 (effect of order on court's other powers), in subsection (3)(a), at the end insert “ , a restitution order or a victim surcharge under section 253F(2) of the Procedure Act ”.
2 After that section insert—

I5316 Orders for securing compliance with confiscation order

After section 97A of the Proceeds of Crime Act 2002 (inserted by section 15(2) above) insert—

I17717 Compliance orders: appeals by prosecutor

1 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
2 In section 108 (Lord Advocate's right of appeal in solemn proceedings)—
a in subsection (1), after paragraph (cc) insert—
;
b in subsection (2)(b)—
i in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;
ii in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.
3 In section 175 (right of appeal in summary proceedings)—
a in subsection (4), after paragraph (cc) insert—
;
b in subsection (4A)(b)—
i in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;
ii in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.

I5018 Accused persons unlawfully at large

1 In section 111 of the Proceeds of Crime Act 2002 (conviction or other disposal of accused), in subsection (1), for “after” substitute “ and, either before or after he became unlawfully at large ”.
2 For subsection (4) of that section substitute—
3 In section 112 of that Act (accused neither convicted nor acquitted), in subsection (1)(c), for “two years” substitute “ three months ”.
4 For subsection (4) of that section substitute—

I519 Enforcement of confiscation orders

1 In section 118 of the Proceeds of Crime Act 2002 (application of provisions about fine enforcement in relation to confiscation orders)—
a in subsection (2)(h), for “, except” substitute “ (other than subsection (3) and as if the words “Subject to subsection (3) below,” were omitted); but that section does not apply ”;
b after subsection (2) insert—
2 In section 459 of that Act (orders and regulations)—
a after subsection (3) insert—
;
b in subsection (5)(a), after “section” insert “ 118(2B), ”;
c in subsection (6)(b), after “section” insert “ 118(2B), ”.
3 In section 219 of the Criminal Procedure (Scotland) Act 1995 (fines: periods of imprisonment for non-payment), in subsection (8)(b), after “section 118(2)” insert “ , (2A) and (2B) ”.

I10120 Conditions for exercise of restraint order powers

1 In section 119 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 120 of that Act (restraint orders etc), after subsection (6) insert—

I18221 Continuation of restraint order after conviction quashed or verdict set aside

In section 121 of the Proceeds of Crime Act 2002 (application, recall and variation), after subsection (8) insert—

I14022 Conditions for exercise of search and seizure powers

1 In section 127B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 127G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—
.

Civil recovery

I20723 Prohibitory property orders: PPO receivers

1 The Proceeds of Crime Act 2002 is amended as follows.
2 After section 255F insert—
3 After section 282C insert—

CHAPTER 3 Northern Ireland

Confiscation: assets held by defendant and other

I19024 Determination of extent of defendant's interest in property

After section 160 of the Proceeds of Crime Act 2002 insert—

I5625 Provision of information

1 In section 166 of the Proceeds of Crime Act 2002 (statement of information), after subsection (6) insert—
2 In section 168 of that Act (provision of information by defendant)—
a in subsection (2), after “functions” insert “ (including functions under section 160A) ”;
b in subsection (6)(b), for “deciding the available amount under section 159,” substitute
.
3 After that section insert—

I8526 Appeals

1 In section 181 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—
2 In section 182 of that Act (court's powers on appeal), after subsection (2) insert—
3 In section 183 of that Act (appeal to Supreme Court)—
a for subsection (2) substitute—
;
b after subsection (3) insert—

I18527 Enforcement receivers

In section 199 of the Proceeds of Crime Act 2002 (powers of receivers etc), after subsection (8A) insert—

Confiscation: other amendments

I6228 Time for payment

1 For section 161 of the Proceeds of Crime Act 2002 substitute—
2 In section 162 of that Act (interest on unpaid sums), for subsection (3) substitute—
3 In section 235 of that Act (interpretation: confiscation orders), after subsection (1) insert—

I8329 Orders for securing compliance with confiscation order

After section 163 of the Proceeds of Crime Act 2002 insert—

I21430 Variation or discharge

1 In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
2 After section 175 of that Act insert—
3 Section 175A of that Act (inserted by subsection (2) above) applies to—
a a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or
b a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),
as it applies to a confiscation order made under the Proceeds of Crime Act 2002.

I21931 Absconding defendants

1 In section 177 of the Proceeds of Crime Act 2002 (absconding defendant convicted or committed), for subsection (2) substitute—
2 For subsections (6) and (7) of that section substitute—
3 In section 178 of that Act (absconding defendant neither convicted nor acquitted), in subsection (2)(c), for “two years” substitute “ three months ”.
4 For subsection (6) of that section substitute—

I22832 Default sentences

1 In section 185 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
2 In section 459(7B) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 185(2B), ”.

I9333 Conditions for exercise of restraint order powers

1 In section 189 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 190 of that Act (restraint orders), after subsection (7) insert—

I17534 Continuation of restraint order after quashed conviction

In section 191 of the Proceeds of Crime Act 2002 (application, discharge and variation of restraint orders), after subsection (6) insert—

I5135 Conditions for exercise of search and seizure powers

1 In section 195B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
2 In section 195G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—
.

I10036 Seized money etc

1 In section 215 of the Proceeds of Crime Act 2002 (seized money), for subsections (4) and (5) substitute—
2 After subsection (5) of that section insert—
3 After subsection (7) of that section insert—
4 In section 215A of that Act (seized personal property), for subsections (2) and (3) substitute—
5 In section 459(7B) of that Act (orders subject to affirmative resolution procedure), before “223(7) or (8)” insert “ 215(7A), ”.

CHAPTER 4 Disclosures, investigations, co-operation and enforcement

I13737 Exemption from civil liability for money-laundering disclosures

In section 338 of the Proceeds of Crime Act 2002 (money laundering: authorised disclosures), after subsection (4) insert—

38 Confiscation investigations

I451 In section 341 of the Proceeds of Crime Act 2002, at the end of subsection (1) insert
I452 In section 353 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.
I403 In section 388 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.

I2039 External orders and investigations: meaning of “obtaining property”

In section 447 of the Proceeds of Crime Act 2002 (interpretation of Part 11 (co-operation)), after subsection (6) insert—

I11440 Confiscation orders by magistrates' courts

1 The Serious Organised Crime and Police Act 2005 is amended as follows.
2 In section 97 (confiscation orders by magistrates' courts), after subsection (1) insert—
3 In subsection (2) of that section omit “(1) or”.
4 After that subsection insert—
5 In section 172 (orders etc)—
a in subsection (5) (orders made by Secretary of State that are subject to affirmative resolution procedure), in paragraph (i), after “section 97(1)” insert “ or (1ZB) ”;
b in subsection (13) (orders made by Department of Justice in Northern Ireland that are subject to affirmative resolution procedure), in paragraph (d), after “section 97(1A)” insert “ or (2A) ”.

PART 2  Computer misuse

I15341 Unauthorised acts causing, or creating risk of, serious damage

1 The Computer Misuse Act 1990 is amended as follows.
2 After section 3 insert—
3 In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.

I14642 Obtaining articles for purposes relating to computer misuse

In section 3A of the Computer Misuse Act 1990 (making, supplying or obtaining articles for use in offence under section 1 or 3), in subsection (3), for “article with a view to” substitute
.

I23543 Territorial scope of computer misuse offence

1 The Computer Misuse Act 1990 is amended as follows.
2 In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
3 After subsection (4) of that section insert—
4 In section 5 (significant links with domestic jurisdiction), after subsection (1) insert—
5 After subsection (3) of that section insert—
6 In section 13 (proceedings in Scotland), after subsection (2) insert—
7 After subsection (10) of that section insert—

I12144 Savings

1 The Computer Misuse Act 1990 is amended as follows.
2 In section 10 (saving for certain law enforcement powers)—
a for “Section 1(1) above has” substitute “ Sections 1 to 3A have ”;
b in paragraph (a), after “seizure” insert “ or of any other enactment by virtue of which the conduct in question is authorised or required ”;
c in paragraph (b), after “seizure” insert “ or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required ”;
d for “the said section 1(1)” substitute “ any of those sections ”;
e for “In this section “enforcement officer” means” substitute—
.
3 In section 16 (application to Northern Ireland), after subsection (9) insert—

PART 3  Organised, serious and gang-related crime

Organised crime groups

I12845 Offence of participating in activities of organised crime group

1 A person who participates in the criminal activities of an organised crime group commits an offence.
2 For this purpose, a person participates in the criminal activities of an organised crime group if the person takes part in any activities that the person knows or reasonably suspects—
a are criminal activities of an organised crime group, or
b will help an organised crime group to carry on criminal activities.
3 “Criminal activities” are activities within subsection (4) or (5) that are carried on with a view to obtaining (directly or indirectly) any gain or benefit.
4 Activities are within this subsection if—
a they are carried on in England or Wales, and
b they constitute an offence in England and Wales punishable on conviction on indictment with imprisonment for a term of 7 years or more.
5 Activities are within this subsection if—
a they are carried on outside England and Wales,
b they constitute an offence under the law in force of the country where they are carried on, and
c they would constitute an offence in England and Wales of the kind mentioned in subsection (4)(b) if the activities were carried on in England and Wales.
6 “Organised crime group” means a group that—
a has as its purpose, or as one of its purposes, the carrying on of criminal activities, and
b consists of three or more persons who act, or agree to act, together to further that purpose.
7 For a person to be guilty of an offence under this section it is not necessary—
a for the person to know any of the persons who are members of the organised crime group,
b for all of the acts or omissions comprising participation in the group's criminal activities to take place in England and Wales (so long as at least one of them does), or
c for the gain or benefit referred to in subsection (3) to be financial in nature.
8 It is a defence for a person charged with an offence under this section to prove that the person's participation was necessary for a purpose related to the prevention or detection of crime.
9 A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

Serious crime prevention orders

I8146 Extension of Part 1 of Serious Crime Act 2007 to Scotland

Schedule 1 (amendments of Serious Crime Act 2007: Scotland) has effect.

I12747 Serious crime prevention orders: meaning of “serious offence”

1 Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences in England and Wales) is amended as set out in subsections (2) to (4).
2 In paragraph 1 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—
.
3 For paragraph 3 substitute—
4 After paragraph 11 insert—
5 Part 2 of that Schedule (serious offences in Northern Ireland) is amended as set out in subsections (6) to (8).
6 In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—
.
7 In paragraph 19 (arms trafficking), for sub-paragraph (2) substitute—
8 After paragraph 27 insert—

I21648 Powers of Crown Court to replace orders on breach

1 Section 21 of the Serious Crime Act 2007 (powers of Crown Court to vary orders on breach) is amended as follows.
2 In subsection (2)—
a after “vary” insert “ or replace ”;
b after “the order as varied” insert “ , or the new order, ”.
3 In subsection (4)—
a after “vary” insert “ or replace ”;
b after “the order as varied” insert “ , or the new order, ”.
4 In subsection (5), for “A variation under this section may be made” substitute “ An order may be varied or replaced under this section ”.
5 In subsection (6), after “variation” insert “ or new order ”.
6 After subsection (7) insert—

I15849 Extension of order where person charged

After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of Schedule 1) insert—

50 Serious crime prevention orders and financial reporting etc

1 In Chapter 3 of Part 2 of the Serious Organised Crime and Police Act 2005 (financial reporting orders)—
I19a omit section 76 (making financial reporting orders in England and Wales);
I149b omit section 77 (making financial reporting orders in Scotland);
I19c omit section 78 (making financial reporting orders in Northern Ireland).
I192 In Part 1 of the Serious Crime Act 2007 (serious crime prevention orders), after section 5 insert—

Gang injunctions

I14551 Injunctions to prevent gang-related violence and drug-dealing activity

In Part 4 of the Policing and Crime Act 2009 (injunctions: gang-related violence), for section 34 substitute—

PART 4  Seizure and forfeiture of drug-cutting agents

Warrants

I5752 Applications for search and seizure warrants

1 A justice of the peace may issue a warrant (a “search and seizure warrant”) authorising a police or customs officer—
a to enter premises, and
b to search them for substances that appear to be intended for use as drug-cutting agents,
if the justice is satisfied that there are reasonable grounds to suspect that a substance intended for such use is on the premises.
2 In this Part “police or customs officer” means—
a a constable,
b a National Crime Agency officer, or
c a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009.
3 A search and seizure warrant may be either—
a a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”), or
b a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”).
4 A search and seizure warrant may be issued only on the application of a police or customs officer.
5 The application may be made without notice being given to persons who might be affected by the warrant.
6 The application must be supported—
a in England and Wales, by an information in writing;
b in Scotland, by evidence on oath;
c in Northern Ireland, by a complaint on oath.
7 The police or customs officer must answer on oath any question that the justice of the peace hearing the application asks him or her.
8 A police or customs officer applying for a search and seizure warrant must—
a state that the application is made under this section;
b specify the premises or (as the case may be) each set of premises that it is desired to enter and search;
c state what are the grounds for suspecting that a substance intended for use as a drug-cutting agent is on the premises;
d identify, so far as is possible, the substance or substances to be sought.
9 If the police or customs officer is applying for a search and seizure warrant authorising entry and search on more than one occasion, the officer must also state—
a the ground on which the officer applies for such a warrant;
b whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.
10 If the police or customs officer is applying for an all-premises warrant, the officer must also specify—
a as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;
b the person who is in occupation or control of those premises and any others that it is desired to enter and search;
c why it is necessary to search more premises than those specified under paragraph (a);
d why it is not reasonably practicable to specify all the premises that it is desired to enter and search.

I8753 Further provisions about search and seizure warrants

1 A search and seizure warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
2 A search and seizure warrant must—
a specify the name of the person who applies for it;
b specify the date on which it is issued;
c state that the warrant is issued under section 52 of this Act;
d specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person's occupation and can be specified;
e identify, so far as is possible, the substance or substances to be sought.
3 Two copies must be made of a search and seizure warrant that specifies only one set of premises and does not authorise multiple entries.
4 As many copies as are reasonably required may be made of any other kind of warrant.
5 The copies must be clearly certified as copies.

I16054 Execution of search and seizure warrants

1 Schedule 2 (execution of search and seizure warrants) has effect.
2 An entry on or search of premises under a search and seizure warrant is unlawful unless it complies with that Schedule.
3 A police or customs officer may use reasonable force, if necessary, for the purpose of entering premises under a search and seizure warrant.
4 An offence is committed by a person who without reasonable excuse obstructs a police or customs officer executing or seeking to execute a search and seizure warrant.
5 A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Seizure

I11155 Seizure of substances under search and seizure warrant

A police or customs officer searching premises under a search and seizure warrant may seize any substance on the premises that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent.

I16656 Seizure of substances without search and seizure warrant

If a police or customs officer—
a is lawfully on premises that are not subject to a search and seizure warrant, and
b finds a substance there that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent,
the officer may seize the substance.

I16257 Notice to be given where substances seized

1 An officer who has seized a substance under section 55 or 56 must make reasonable efforts to give written notice—
a to the person from whom the substance was seized, and
b if the officer thinks that the substance may belong to a different person, to that person.
2 A notice under subsection (1) must explain the effect of sections 59, 60, 61 and 63.

I20158 Containers

1 An officer who seizes a substance under section 55 or 56 may also seize any container holding the substance.
2 If a container is seized under this section, reasonable efforts must be made to return it to—
a the person from whom it was seized, or
b (if different) a person to whom it belongs.
3 Subsection (2) does not apply—
a if the container appears to be of negligible value,
b if it is not practicable for the container to be returned, or
c while the container is or may be needed for use as evidence at a trial for an offence.

Retention of seized substances

I14759 Initial retention of seized substances

1 Where—
a a substance has been seized under section 55 or 56, and
b there continue to be reasonable grounds to suspect that the substance was intended for use as a drug-cutting agent,
it may be retained until the end of the 30th day after the date of seizure.
2 Where—
a a substance has been seized under another enactment and is lawfully in the possession of a police or customs officer,
b the period during which the substance may lawfully be retained under that enactment expires, and
c there are reasonable grounds to suspect that the substance was intended for use as a drug-cutting agent,
it may be retained until the end of the 30th day after the period referred to in paragraph (b).

I13860 Continued retention or return of seized substances

1 On an application made by a police or customs officer, a magistrates' court or a justice of the peace may make an order extending the period for which a substance may be retained under section 59 if satisfied that—
a the condition in subsection (2) is met, or
b the condition in subsection (4) is met.
2 The condition in this subsection is that the continued retention of the substance is justified—
a while its intended use is further investigated, or
b while consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the substance is connected.
3 If the condition in subsection (2) is met, an order under this section may authorise the retention of the substance for a specified period ending no later than the 60th day after—
a the date of seizure, in the case of a substance seized under section 55 or 56, or
b the end of the period referred to in section 59(2)(b), in any other case.
4 The condition in this subsection is that proceedings against any person for an offence with which the substance is connected have been started but have not been concluded.
5 If the condition in subsection (4) is met, an order under this section may authorise the retention of the substance until the proceedings are concluded.
6 If on the hearing of an application under this section the court or justice is not satisfied that the condition in subsection (2) or (4) is met, the court or justice must order the substance to be returned to a person entitled to it.
7 Where—
a an order is made under this section extending the period for which the substance may be retained, and
b no person entitled to the substance was present or represented at the hearing,
a police or customs officer must make reasonable efforts to give written notice to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.
8 A notice under subsection (7) must explain—
a the effect of the court's order, and
b the effect of section 63.
9 For the purposes of this Part, proceedings against a person for an offence are concluded when—
a the person is convicted or acquitted of the offence and either—
i the time allowed for making an appeal, or applying for permission to do so, has expired, or
ii if an appeal is made, the appeal is determined or otherwise dealt with;
b the charge is withdrawn;
c in England and Wales or Northern Ireland—
i proceedings in respect of the charge are discontinued, or
ii an order is made for the charge to lie on the file;
d in Scotland—
i proceedings against the person are deserted simpliciter,
ii proceedings against the person are deserted pro loco et tempore and no trial diet is appointed,
iii the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or
iv the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.
Paragraph (a) applies, where an appeal is made, with references to an appeal being read as references to any further appeal.

Forfeiture etc or return of seized substances

I23161 Forfeiture and disposal, or return, of seized substances

1 A police or customs officer may apply to a magistrates' court for the forfeiture of a substance retained under section 59.
2 Where an application for the forfeiture of a substance is made under this section, the substance is to be retained while proceedings on the application are in progress.
3 The court must order the forfeiture of the substance if satisfied that it was intended for use as a drug-cutting agent.
4 A substance ordered to be forfeited may be disposed of in whatever way the officer who applied for the order thinks is suitable.
5 A substance must not be disposed of under subsection (4)—
a before the end of the period within which an appeal under section 62 may be made, or
b if an appeal is made, before it is determined or otherwise dealt with.
6 The court must order the substance to be returned to a person entitled to it if not satisfied that the substance was intended for use as a drug-cutting agent.
7 If an order is made under subsection (6), the substance may nevertheless be retained—
a until the end of the period within which an appeal under section 62 may be made against the order, or
b if an appeal is made, until the time when it is determined or otherwise dealt with.
But if it is decided before the end of the period mentioned in paragraph (a) that there is to be no appeal, the substance must be returned as soon as possible after that decision is made.

I17662 Appeal against decision under section 61

1 A party to proceedings for an order under section 61, or a person entitled to the substance in question (if not a party to those proceedings), may appeal against an order under that section.
2 Where—
a a police or customs officer brings an appeal under this section, and
b no person entitled to the substance in question was a party to the original proceedings,
the officer must make reasonable efforts to give notice of the appeal to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.
3 An appeal under this section is to—
a the Crown Court, in England and Wales;
b the Sheriff Appeal Court, in Scotland;
c a county court, in Northern Ireland.
4 An appeal under this section must be made before the end of the period of 30 days starting with the date of the order appealed against.
5 Subject to subsections (6) and (7), the court hearing the appeal may make any order the court thinks appropriate.
6 If an appeal against an order for the return of the substance is allowed—
a the court must order the substance to be forfeited, and
b subsections (4) and (5) of section 61 apply with the necessary adaptations.
7 If an appeal against an order forfeiting the substance is allowed—
a the court must order the substance to be returned to a person entitled to it, and
b subsection (7) of section 61 applies with the necessary adaptations.

I20463 Return of substance to person entitled to it, or disposal if return impracticable

1 Where the retention of a substance has been, but is no longer, authorised under this Part—
a the substance must (subject to subsection (4)) be returned to a person entitled to it;
b a magistrates' court must, if asked to do so by a person entitled to the substance, order it to be returned to that person.
2 A person who claims to be entitled to a substance retained under this Part may apply to a magistrates' court for an order under subsection (1)(b) or section 60(6) or 61(6) (as appropriate).
3 Where—
a a court makes an order under this Part requiring a substance to be returned to a particular person, and
b reasonable efforts have been made, without success, to find that person, or it is for some other reason impracticable to return the substance to that person,
the order has effect as if it required the substance to be returned to any person entitled to it.
4 Where—
a a substance is required by a provision of this Part, or an order made under this Part, to be returned to a person entitled to it, and
b reasonable efforts have been made, without success, to find a person entitled to the substance, or it is for some other reason impracticable to return the substance to a person entitled to it,
a police or customs officer may dispose of the substance in whatever way the officer thinks is suitable.

Supplementary

I3464 Compensation

1 If no forfeiture order is made in respect of a substance retained under this Part, the person to whom it belongs may make an application to a magistrates' court for compensation.
2 If the court is satisfied that the applicant has suffered loss as a result of the retention of the substance, the court may order compensation to be paid to the applicant.
3 Subject to subsection (4), the amount of compensation to be paid is the relevant proportion of the value of the substance. For these purposes—
a the “relevant proportion” is whatever proportion (not exceeding 100%) the court thinks is reasonable;
b the “value” of the substance is the amount that it would cost the applicant to acquire the substance at the time when the court makes the order.
4 If the court thinks that, by reason of exceptional circumstances, the value of the substance would not be adequate compensation, it may order payment of whatever larger amount it thinks reasonable.
5 The fund from which, or person by whom, the compensation is to be paid depends on the person by whom the substance was seized, as follows—
Person by whom substance seizedFund from which or person by whom compensation payable
A constable of a police force maintained by a local policing bodyThe police fund from which the expenses of the police force are met
A constable of the Police Service of ScotlandThe Scottish Police Authority
A constable of the Police Service of Northern IrelandThe Chief Constable of the Police Service of Northern Ireland
A constable of the British Transport Police ForceThe Chief Constable of the British Transport Police Force
A constable of the Ministry of Defence PoliceThe Secretary of State
A National Crime Agency officerThe Director General of the National Crime Agency
A person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009The Secretary of State

I7465 Interpretation etc

1 For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.
2 In this Part—
  • “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971 (see section 2 of that Act);
  • “enactment” includes—
    1. an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
    2. an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
    3. an enactment contained in, or in an instrument made under, Northern Ireland legislation;
  • “entitled”, in relation to a substance, is to be read in accordance with subsection (3);
  • “police or customs officer” has the meaning given by section 52(2);
  • “premises” includes any place and, in particular, includes—
    1. any vehicle, vessel, aircraft or hovercraft;
    2. any offshore installation within the meaning given by section 1 of the Mineral Workings (Offshore Installations) Act 1971;
    3. any renewable energy installation within the meaning given by section 104 of the Energy Act 2004;
    4. any tent or movable structure;
  • “search and seizure warrant” means a warrant under section 52;
  • “supplying” includes distributing;
  • “unlawful” means—
    1. in relation to a supply, unlawful under section 4 of the Misuse of Drugs Act 1971;
    2. in relation to an exportation, prohibited under section 3 of that Act.
3 The persons “entitled” to a substance for the purposes of this Part are—
a the person from whom it was seized;
b (if different) any person to whom it belongs.
4 Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.
5 In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.
6 An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.
7 In the application of this Part to Northern Ireland—
a a reference to a justice of the peace in section 52 is to be read as a reference to a lay magistrate;
b a reference to a magistrates' court or a justice of the peace in section 60, and any other reference to a magistrates' court, is to be read as a reference to a court of summary jurisdiction.

PART 5 Protection of children and others

Protection of children

I13266 Child cruelty offence

1 Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16) is amended as follows.
2 In subsection (1)—
a after “ill-treats” insert “ (whether physically or otherwise) ”;
b after “ill-treated” insert “ (whether physically or otherwise) ”.
3 In that subsection, for the words from “(including” to “derangement)” substitute “ (whether the suffering or injury is of a physical or a psychological nature) ”.
4 In that subsection, for “a misdemeanour” substitute “ an offence ”.
5 In subsection (2), in paragraph (b)—
a after “to bed” insert “ or at any later time before the suffocation ”;
b after “drink” insert “ or a prohibited drug ”.
6 After that subsection insert—

I20067 Sexual communication with a child

After section 15 of the Sexual Offences Act 2003 insert—

I12268 Child sexual exploitation

1 The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6).
2 For the heading before section 47 substitute “ Sexual exploitation of children ”.
3 In section 48 (headed “Causing or inciting child prostitution or pornography”)—
a in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;
b in subsection (1)(a), for “to become a prostitute, or to be involved in pornography,” substitute “ to be sexually exploited ”.
4 In section 49 (headed “Controlling a child prostitute or a child involved in pornography”)—
a in the heading, for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”;
b in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.
5 In section 50 (headed “Arranging or facilitating child prostitution or pornography”)—
a in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;
b in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.
6 In section 51 (interpretation of sections 48 to 50)—
a omit subsection (1);
b for subsection (2) substitute—
7 In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), in subsection (1), after “person” insert “ aged 18 or over ”.

I23069 Possession of paedophile manual

1 It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually.
2 It is a defence for a person (D) charged with an offence under this section—
a to prove that D had a legitimate reason for being in possession of the item;
b to prove that—
i D had not read, viewed or (as appropriate) listened to the item, and
ii D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually; or
c to prove that—
i the item was sent to D without any request made by D or on D's behalf, and
ii D did not keep it for an unreasonable time.
3 A person guilty of an offence under this section is liable—
a on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;
b on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
c on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both.
4 Proceedings for an offence under this section may be brought—
a in England and Wales, only by or with the consent of the Director of Public Prosecutions;
b in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
5 In England and Wales, the following provisions of the Protection of Children Act 1978 apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Act)—
a section 4 (entry, search and seizure);
b the Schedule (forfeiture of photographs).
6 In Northern Ireland, the following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Order)—
a Article 4 (entry, search and seizure);
b the Schedule (forfeiture of photographs).
7 Schedule 3 makes special provision in connection with the operation of subsection (1) in relation to persons providing information society services within the meaning of that Schedule.
8 In this section—
  • “abusing children sexually” means doing anything that constitutes—
    1. an offence under Part 1 of the Sexual Offences Act 2003, or under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), against a person under 16, or
    2. an offence under section 1 of the Protection of Children Act 1978, or under Article 3 of the Protection of Children (Northern Ireland) Order 1978, involving indecent photographs (but not pseudo-photographs),or
    3. an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation),or doing anything outside England and Wales or Northern Ireland that would constitute such an offence if done in England and Wales or Northern Ireland;
  • “item” includes anything in which information of any description is recorded;
  • “prohibited item” means an item within subsection (1).

Female genital mutilation

70 Offence of female genital mutilation: extra-territorial acts

1 The Female Genital Mutilation Act 2003 is amended as follows—
a in section 3 (offence of assisting non-UK person to mutilate overseas a girl's genitalia), in subsections (1) and (2)(a) omit “permanent”;
b in section 4 (extension of sections 1 to 3 to extra-territorial acts), in subsection (1) omit “permanent”;
c in section 6 (definitions), for subsection (3) substitute—
2 The Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8) is amended as follows—
a in section 3 (aiding and abetting female genital mutilation), in subsections (1)(c) and (2) omit “permanent”;
b in section 4 (extension of sections 1 and 3 to extra-territorial acts), in subsection (1) omit “permanent”;
c in section 6 (definitions), for the definition of “permanent United Kingdom resident” substitute—

71 Anonymity for victims of female genital mutilation

1 After section 4 of the Female Genital Mutilation Act 2003 insert—
2 Insert as Schedule 1 to that Act the following Schedule—

72 Offence of failing to protect girl from risk of genital mutilation

1 The Female Genital Mutilation Act 2003 is amended as follows.
2 After section 3 insert—
3 In section 4 (extension of sections 1 to 3 to extra-territorial acts)—
a in the heading, for “3” substitute “3A” and after “ acts ” insert “ or omissions ”;
b after subsection (1) insert—
4 In section 5 (penalties for offences)—
a for “A person guilty of an offence under this Act” substitute—
;
b at the end insert—

I18873 Female genital mutilation protection orders

1 After section 5 of the Female Genital Mutilation Act 2003 insert—
2 After Schedule 1 to that Act (inserted by section 71(2) above) insert—

I14374 Duty to notify police of female genital mutilation

After section 5A of the Female Genital Mutilation Act 2003 (inserted by section 73 above) insert—

I20975 Guidance about female genital mutilation

1 After section 5B of the Female Genital Mutilation Act 2003 (inserted by section 74 above) insert—
2 Consultation for the purposes of subsection (4) of section 5C of the Female Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or include, consultation before the coming into force of this section.

Strangulation or suffocation

75A Strangulation or suffocation

1 A person (“A”) commits an offence if—
a A intentionally strangles another person (“B”), or
b A does any other act to B that—
i affects B's ability to breathe, and
ii constitutes battery of B.
2 It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.
3 But subsection (2) does not apply if—
a B suffers serious harm as a result of the strangulation or other act, and
b A either—
i intended to cause B serious harm, or
ii was reckless as to whether B would suffer serious harm.
4 A is to be taken to have shown the fact mentioned in subsection (2) if—
a sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
5 A person guilty of an offence under this section is liable—
a on summary conviction—
i to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022), or
ii to a fine,
or both;
b on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.
6 In this section “serious harm” means—
a grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,
b wounding, within the meaning of that section, or
c actual bodily harm, within the meaning of section 47 of that Act.

75B Offences under section 75A committed outside the United Kingdom

1 If—
a a person does an act in a country outside the United Kingdom,
b the act, if done in England and Wales, would constitute an offence under section 75A, and
c the person is a United Kingdom national or is habitually resident in England and Wales,
the person is guilty in England and Wales of that offence.
2 In this section—
  • “country” includes territory;
  • “United Kingdom national” means an individual who is—
    1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
    2. a person who under the British Nationality Act 1981 is a British subject, or
    3. a British protected person within the meaning of that Act.

Domestic abuse

I11876 Controlling or coercive behaviour in an intimate or family relationship

1 A person (A) commits an offence if—
a A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,
b at the time of the behaviour, A and B are personally connected (see subsection (6)),
c the behaviour has a serious effect on B, and
d A knows or ought to know that the behaviour will have a serious effect on B.
F272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 But A does not commit an offence under this section if at the time of the behaviour in question—
a A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and
b B is under 16.
4 A's behaviour has a “serious effect” on B if—
a it causes B to fear, on at least two occasions, that violence will be used against B, or
b it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities.
5 For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know.
6 A and B are “personally connected” if any of the following applies—
a they are, or have been, married to each other;
b they are, or have been, civil partners of each other;
c they have agreed to marry one another (whether or not the agreement has been terminated);
d they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
e they are, or have been, in an intimate personal relationship with each other;
f they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));
g they are relatives.
6A For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—
a the person is a parent of the child, or
b the person has parental responsibility for the child.
7 In subsections (6) and (6A) —
  • “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
  • “child” means a person under the age of 18 years;
  • “parental responsibility” has the same meaning as in the Children Act 1989;
  • “relative” has the meaning given by section 63(1) of the Family Law Act 1996.
8 In proceedings for an offence under this section it is a defence for A to show that—
a in engaging in the behaviour in question, A believed that he or she was acting in B's best interests, and
b the behaviour was in all the circumstances reasonable.
9 A is to be taken to have shown the facts mentioned in subsection (8) if—
a sufficient evidence of the facts is adduced to raise an issue with respect to them, and
b the contrary is not proved beyond reasonable doubt.
10 The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B.
11 A person guilty of an offence under this section is liable—
a on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.

76A Offences under section 76 committed outside the United Kingdom

1 If—
a a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,
b the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and
c the person is a United Kingdom national or is habitually resident in England and Wales,
the person is guilty in England and Wales of that offence.
2 In this section—
  • “country” includes territory;
  • “United Kingdom national” means an individual who is—
    1. a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
    2. a person who under the British Nationality Act 1981 is a British subject, or
    3. a British protected person within the meaning of that Act.

I7977 Guidance about investigation of offences under section 76

1 The Secretary of State may issue guidance about the investigation of offences under section 76 to whatever persons the Secretary of State considers appropriate.
2 The Secretary of State may revise any guidance issued under this section.
3 The Secretary of State must arrange for any guidance issued or revised under this section to be published.

PART 6  Miscellaneous and general

Miscellaneous

I19478 Knives and offensive weapons in prisons

After section 40C of the Prison Act 1952 insert—

I16579 Throwing articles into prisons

After section 40CA of the Prison Act 1952 (inserted by section 78 above) insert—

80 Prevention or restriction of use of communication devices by prisoners etc

1 Regulations may make provision conferring power on a court to make a telecommunications restriction order.
2 “Telecommunications restriction order” means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices by persons detained in custodial institutions.
3 Regulations under this section must—
a specify who may apply for telecommunications restriction orders;
b make provision about giving notice of applications;
c make provision conferring rights on persons to make representations;
d specify the matters about which the court must be satisfied if it is to make an order;
e make provision about the duration of orders (which may include provision for orders of indefinite duration);
f make provision about variation (including extension) and discharge of orders;
g make provision about appeals.
4 Regulations under this section may—
a make provision for a telecommunications restriction order to specify that a requirement of the order is not to apply in particular circumstances;
b make provision authorising a court to include in an order a requirement for the person applying for the order to pay any or all of the costs of complying with it;
c make provision about time limits for complying with orders;
d make provision about enforcement of orders (which may include provision creating offences);
e make provision about costs (or, in Scotland, expenses) in respect of legal proceedings;
f make different provision for different purposes;
g make incidental, consequential, supplementary or transitional provision, including provision applying any enactment (with or without modifications).
5 The power to make regulations under this section is exercisable—
a in relation to England and Wales, by statutory instrument made by the Secretary of State;
b in relation to Scotland, by the Scottish Ministers.
6 A statutory instrument (other than a Scottish statutory instrument) containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7 Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.
8 In this section—
  • “communication device” means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);
  • “communications provider” means a person providing a service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by that person);
  • “court” means—
    1. in relation to England and Wales, the county court;
    2. in relation to Scotland, the sheriff;
  • “custodial institution” means—
    1. in relation to England and Wales, a prison, young offender institution, secure training centre or secure college;
    2. in relation to Scotland, a prison or young offenders institution;
  • “enactment” includes—
    1. an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
    2. an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
  • “telecommunication system” means any system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.

80A Prevention or restriction of use of communication devices for drug dealing

1 Regulations may make provision conferring power on a court to make a drug dealing telecommunications restriction order.
2 “Drug dealing telecommunications restriction order” means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices in connection with drug dealing offences.
3 Without limiting the action that may be specified, it includes—
a action that relates to a specified device;
b action that relates to a specified phone number or something else that may be used with a device.
4 In this section “drug dealing offence” means an offence under section 4(3) of the Misuse of Drugs Act 1971 or section 5 of the Psychoactive Substances Act 2016; and a communication device is used in connection with a drug dealing offence if it is used by a person (“the user”) in the course of—
a the user committing a drug dealing offence,
b the user facilitating the commission by the user or another person of a drug dealing offence, or
c conduct of the user that is likely to facilitate the commission by the user or another person of a drug dealing offence (whether or not an offence is committed).
5 Regulations under this section must provide for drug dealing telecommunications restriction orders to be made only on the application of—
a the Director General or Deputy Director General of the National Crime Agency, or
b a police officer of the rank of superintendent or above.
6 Regulations under this section must—
a specify the matters about which the court must be satisfied if it is to make an order;
b make provision about the duration of orders (which may include provision for orders of indefinite duration);
c make provision about the giving (by a communications provider or any other person) of notice of the making of an order;
d make provision about variation (including extension) and discharge of orders;
e make provision about appeals.
7 Regulations under this section must provide—
a for applications for drug dealing telecommunications restriction orders to be made and heard without notice of the application or hearing having been given to persons affected (or their legal representatives), subject to subsection (9)(a);
b for applications to be heard and determined in the absence of persons affected (and their legal representatives), subject to subsection (9)(b);
c for applications to be heard and determined in private.
8 Regulations under this section must provide for a court hearing an application or an appeal to have power to restrict disclosure of information submitted in connection with the application or appeal if satisfied that it is necessary to do so in the public interest.
9 Regulations under this section may—
a make provision for a communications provider affected by an application to be given notice of the application or hearing;
b make provision for a communications provider affected by an application to be present or represented at the hearing and determination of the application;
c in connection with any provision under paragraph (b), make provision for a communications provider to have a right to make representations;
d make provision for a drug dealing telecommunications restriction order to specify that a requirement of the order is not to apply in particular circumstances;
e make provision authorising a court to include in an order a requirement for the person applying for the order to pay any or all of the costs of complying with it;
f make provision about time limits for complying with orders;
g make provision about enforcement of orders (which may include provision creating offences);
h make provision about costs (or, in Scotland, expenses) in respect of legal proceedings;
i make provision about compensation;
j make different provision for different purposes or areas;
k make incidental, consequential, supplementary or transitional provision, including provision applying any enactment (with or without modifications).
10 The power to make regulations under this section is exercisable by statutory instrument made by the Secretary of State.
11 A statutory instrument containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
12 In this section—
  • “communication device” means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);
  • “communications provider” means a person providing a telecommunications service;
  • “court” means—
    1. in relation to England and Wales, the county court;
    2. in relation to Scotland, the sheriff;
    3. in relation to Northern Ireland, a county court;
  • “enactment” includes—
    1. an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
    2. an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
    3. Northern Ireland legislation;
  • “telecommunications service” has the meaning given by section 261 of the Investigatory Powers Act 2016.

81 Preparation or training abroad for terrorism

In section 17 of the Terrorism Act 2006 (commission of offences abroad), in subsection (2)(b), after “an offence under” insert “ section 5 or 6 or ”.

F482 Approval of draft decisions under Article 352 of TFEU relating to serious crime

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1283 Codes of practice about investigatory powers: journalistic sources

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2184 Termination of pregnancy on grounds of sex of foetus

1 The Secretary of State shall arrange for an assessment to be made of the evidence of termination of pregnancy on the grounds of the sex of the foetus in England, Wales and Scotland.
2 The arrangements made under subsection (1) shall be such as to enable publication of the assessment by the Secretary of State within 6 months of the date of Royal Assent to this Act.
3 The Secretary of State shall consider the assessment made under subsection (1) and—
a determine and publish a strategic plan to tackle substantiated concerns identified in the assessment made under subsection (1); or
b publish a statement and explanation in relation to why a plan under subsection (3)(a) is not required.
4 Any strategic plan under subsection (3)(a) must include, but need not be limited to, steps—
a to promote change in the social and cultural patterns of behaviour with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women and which may amount to pressure to seek a termination on the grounds of the sex of the foetus;
b to ensure best practice exists in identifying women being coerced or pressured into seeking a termination on the grounds of the sex of the foetus, or at risk of being so, and in the provision of protection and support to potential victims; and
c to promote guidance to service providers, health professionals and other stakeholders.
5 The Secretary of State must lay a copy of the plan, determined under subsection (3)(a), before each House of Parliament within 6 months of the publication date of the assessment under subsection (2).

General

I185 Minor and consequential amendments

I157I203I116I134I65I99I54I35I199I161I2081 Schedule 4 (minor and consequential amendments) has effect.
2 The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
3 The power to make regulations under this section—
a is exercisable by statutory instrument;
b includes power to make transitional, transitory or saving provision;
c may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.
4 Before making regulations under this section the Secretary of State must—
a if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;
b if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.
5 A statutory instrument containing regulations under this section that amend, repeal, revoke or otherwise modify any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
7 In this section “primary legislation” means—
a an Act of Parliament;
b an Act of the Scottish Parliament;
c a Measure or Act of the National Assembly for Wales;
d Northern Ireland legislation.

86 Transitional and saving provisions

1 An order under section 13A of the Proceeds of Crime Act 2002 (inserted by section 7) may be made in respect of any confiscation order (within the meaning of Part 2 of that Act) that is made on or after the day on which section 7 comes into force.
2 The amendment made by subsection (3) of section 10 has effect in relation to a default of payment of a sum payable under a confiscation order only if the default occurs on or after the date on which that subsection comes into force.
3 An order under section 97B(2) of the Proceeds of Crime Act 2002 (inserted by section 16) may be made in respect of any confiscation order (within the meaning of Part 3 of that Act) that is made on or after the day on which section 16 comes into force.
4 An order under section 163A of the Proceeds of Crime Act 2002 (inserted by section 29) may be made in respect of any confiscation order (within the meaning of Part 4 of that Act) that is made on or after the day on which section 29 comes into force.
5 An offence is not committed under section 3A(3) of the Computer Misuse Act 1990 by virtue of the amendment made by section 42 unless every act or other event proof of which is required for conviction of the offence takes place after section 42 comes into force.
6 The amendments made by paragraph 10 of Schedule 4 apply, in relation to any offence of conspiracy to commit an offence under the Computer Misuse Act 1990 or of attempting to commit such an offence, only where every act or other event proof of which is required for conviction of the conspiracy or attempt offence takes place after section 43 comes into force.
7 The repeals by this Act of—
a section 76 of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”), and
b sections 79 to 81 of the 2005 Act so far as they extend to England and Wales,
do not apply in the case of a financial reporting order made before section 50(1) (a) above comes into force.
8 The repeals by this Act of—
a section 77 of the 2005 Act, and
b sections 79 to 81 of the 2005 Act so far as they extend to Scotland,
do not apply in the case of a financial reporting order made before section 50(1) (b) above comes into force.
9 The repeals by this Act of—
a section 78 of the 2005 Act, and
b sections 79 to 81 of the 2005 Act so far as they extend to Northern Ireland,
do not apply in the case of a financial reporting order made before section 50(1) (c) above comes into force.
10 The amendments made by a section listed below apply only in cases where every act or other event proof of which is required for conviction of the offence in question takes place after the provision comes into force—
a section 43;
b section 66;
c section 70;
d section 81.
11 Subsection (7) of section 68 and paragraph 2 of Schedule 4 do not apply in the case of an offence proceedings for which are started before the commencement of that subsection.
F1012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Before the day on which section 109 of the Courts Reform (Scotland) Act 2014 (asp 18) (abolition of appeal from a sheriff to the sheriff principal) comes into force—
a the reference to the Sheriff Appeal Court in subsection (3)(b) of section 62 is to be read as a reference to the sheriff principal;
b the references to the court in subsections (5) to (7) of that section are to be read as including references to the sheriff principal.
14 In relation to an offence committed before 2 May 2022, a reference to 12 months the general limit in a magistrates’ court in the following provisions is to be read as a reference to 6 months—
a in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;
b section 69(3)(a);
c in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;
d paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;
e section 76(11)(b);
f in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;
g in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above.
15 In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—
a a reference to a fine in the following provisions is to be read as a reference to a fine not exceeding the statutory maximum—
i in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;
ii section 69(3)(a);
iii in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;
iv paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;
v section 76(11)(b) above;
vi in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;
vii in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above;
b the reference to a fine in paragraph 2(2)(a) of Schedule 1 to the Female Genital Mutilation Act 2003, inserted in that Act by section 71(2) above, is to be read as a reference to a fine not exceeding level 5 on the standard scale.
16 The reference to an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003 in section 3A (8) of that Act does not include such an offence committed before the coming into force of section 72 above (which inserts section 3A in that Act).
17 In proceedings under section 3A of that Act, a defence under subsection (5)(b) of that section may not be negated by reference to steps that the defendant could have taken (but did not) before the coming into force of section 72 above.

87 Extent

1 The following provisions extend to England and Wales only—
a Chapter 1 of Part 1;
b section 45;
c section 51;
d sections 66 to 68;
e sections 74 to 79.
2 Section 80 extends to England and Wales and Scotland (but not Northern Ireland).
3 The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—
a section 38(2);
b section 40;
c section 69 and Schedule 3;
d section 70(1);
e sections 71 to 73.
4 The following provisions extend to Scotland only—
a sections 15 to 22;
b section 38(3);
c section 43(6) and (7);
d section 70(2).
5 Chapter 3 of Part 1 extends to Northern Ireland only.
6 An amendment or repeal made by Schedule 4 has the same extent as the relevant part of the Act amended or repealed.
7 The other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.

88 Commencement

1 This Act, except for the provisions referred to in subsections (2) to (5), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.
2 The following provisions come into force on whatever day or days the Scottish Ministers appoint by regulations after consulting the Secretary of State—
a sections 15 to 22;
b section 38(3);
c paragraphs 16 and 35 to 45 of Schedule 4 (and section 85(1) so far as relating to those paragraphs).
3 The following provisions come into force on whatever day or days the Department of Justice in Northern Ireland appoints by regulations after consulting the Secretary of State—
a Chapter 3 of Part 1;
b paragraphs 4, 46 to 51 and 66(4) of Schedule 4 (and section 85(1) so far as relating to those paragraphs).
4 Sections 70 to 72 come into force at the end of the period of two months beginning with the day on which this Act is passed.
5 The following provisions come into force on the day on which this Act is passed—
a section 80;
b section 81 and paragraph 74 of Schedule 4 (and section 85(1) so far as relating to that paragraph);
F1c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d section 83;
e section 85(2) to (7);
f sections 86 to 89.
6 No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Scotland, unless the Secretary of State has consulted the Scottish Ministers—
a section 23;
b section 38(1);
c Part 2;
d section 46 and Schedule 1;
e sections 47 to 50.
7 No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Northern Ireland, unless the Secretary of State has consulted the Department of Justice in Northern Ireland—
a section 38(1) and (2);
b section 40;
c sections 47 to 50;
d section 69 and Schedule 3;
e section 73.
8 Consultation for the purposes of subsection (2), (3), (6) or (7) may be, or include, consultation before the day on which this Act is passed.
9 A power to make regulations under this section includes powers to make saving, transitional or transitory provision.
10 The power of the Department of Justice in Northern Ireland to make regulations under subsection (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

89 Short title

This Act may be cited as the Serious Crime Act 2015.

SCHEDULES

SCHEDULE 1 

Amendments of Serious Crime Act 2007: Scotland

Section 46

I1131The Serious Crime Act 2007 is amended as set out in this Schedule.
I1362
1 Section 1 (serious crime prevention orders) is amended as follows.
2 After subsection (1) insert—
3 In subsection (3), after “England and Wales” insert “ , Scotland ”.
4 For subsection (5) substitute—
I783In section 2 (involvement in serious crime: England and Wales orders), in subsection (6)—
a for “test in section” substitute “ tests in sections 2A(1) and ”;
b after “serious crime in” insert “ Scotland or (as the case may be) ”.
I274After section 2 insert—
I1965In section 3 (involvement in serious crime: Northern Ireland orders), in subsection (6)—
a for “test in section 2(1)” substitute “ tests in sections 2(1) and 2A(1) ”;
b at the end insert “ or (as the case may be) Scotland ”.
I1296In section 4 (involvement in serious crime: supplementary), after subsection (4) insert—
I927In section 5 (type of provision that may be made by orders), in subsection (2), after “England and Wales”, in both places, insert “ , Scotland ”.
I1178In section 7 (other exceptions), after subsection (1) insert—
I2249In section 8 (limited class of applicants for making of orders)—
a omit the word “and” at the end of paragraph (a);
b after that paragraph insert—
.
I10910
1 Section 9 (right of third parties to make representations) is amended as follows.
2 In each of subsections (1) to (3), after “High Court” insert “ or (in Scotland) the appropriate court ”.
3 After subsection (4) insert—
I6611In section 10 (notice requirements in relation to orders), in subsection (4)—
a omit the word “and” at the end of paragraph (a);
b after that paragraph insert—
.
I7012
1 Section 12 (restrictions for legal professional privilege) is amended as follows.
2 In subsection (1), after “order” insert “ in England and Wales or Northern Ireland ”.
3 After subsection (4) insert—
4 In subsection (5), for “subsection (1) does not” substitute “ subsections (1) and (4A) do not ”.
I15213In section 13 (restrictions on excluded material and banking information), in subsection (1)—
a omit the word “and” at the end of paragraph (a);
b after that paragraph insert—
.
I23214
1 Section 17 (variation of orders) is amended as follows.
2 After subsection (1) insert—
3 In each of subsections (6)(a) and (7)(a), after “High Court” insert “ , the appropriate court ”.
I20615
1 Section 18 (discharge of orders) is amended as follows.
2 In subsection (1)—
a omit the word “and” at the end of paragraph (a);
b after that paragraph insert—
.
3 In each of subsections (5)(a) and (6)(a), after “High Court” insert “ , the appropriate court ”.
I12516In section 22 (inter-relationship between different types of order), at the end of the heading insert “ in England and Wales or Northern Ireland ”.
I1617After that section insert—
I10718After section 24 insert—
I3619
1 Section 27 (powers to wind up companies etc: England and Wales and Scotland) is amended as follows.
2 In the heading omit the words “and Scotland”.
3 In subsection (12) omit the words “or Scotland”—
a in paragraph (a) of the definition of “company”;
b in the definition of “the court”.
I1120After section 27 insert—
I9821
1 Section 29 (powers to wind up: supplementary) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a after “subsection (1)” insert “ , (1ZA) ”;
b after “section 27(3) and (4)” insert “ , 27A(3) and (4) ”.
4 After subsection (3) insert—
5 In subsection (4)—
a after “section 27(5) or (6)” insert “ , 27A(7) ”;
b after “subsection (1)” insert “ , (1ZA) ”;
c after “enactment” insert “ including, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. ”
I18922
1 Section 31 (other partnerships) is amended as follows.
2 In subsection (3), after “England and Wales”, in both places, insert “ , Scotland, ”.
3 In subsection (6)(b) omit sub-paragraph (ii).
I19723In section 32 (unincorporated associations) omit sub-paragraph (ii) of subsection (5)(b).
I5824In section 34 (providers of information society services), in subsection (2)(a)—
a omit the word “and” at the end of sub-paragraph (i);
b after that sub-paragraph insert—
.
I8425After section 36 insert—
I16826In section 39 (compliance with orders: authorised monitors), in the definition of “law enforcement agency” in subsection (10), after paragraph (zc) insert—
.
I18027
1 Section 40 (costs in relation to authorised monitors) is amended as follows.
2 In subsection (5), for “recoverable as if” substitute
.
3 At the end of that subsection insert—
4 After subsection (6) insert—
5 In subsection (9), after paragraph (a) insert—
.
I1828In section 43 (index of defined expressions), at the appropriate places insert—
I16429In section 89 (orders)—
a in subsection (1), for “, the Treasury or the Scottish Ministers” substitute “ or the Treasury ”;
b in subsection (2)—
i for “or the Treasury” substitute “ , the Treasury or the Scottish Ministers ”;
ii at the end insert “ or the Scottish Ministers consider appropriate. ”;
c in subsection (6)—
i for “statutory instrument” substitute “ the Secretary of State or the Treasury ”;
ii after “27(6) or (12),” insert “ , 27A(7) ”;
d after subsection (6) insert—
I2630In section 93 (extent), in subsection (2) (provisions that extend to England and Wales and Northern Ireland only) omit paragraph (a).
I631In Schedule 1 (serious offences), after Part 1 insert—

SCHEDULE 2 

Execution of search and seizure warrants

Section 54

Persons who may execute warrant

I951
1 A search and seizure warrant may be executed by any police or customs officer.
2 A search and seizure warrant may authorise persons to accompany any police or customs officer who is executing it.
3 A person authorised under sub-paragraph (2) has the same powers as the police or customs officer whom he or she accompanies in respect of—
a the execution of the warrant;
b the seizure of anything to which the warrant relates.
But the person may exercise those powers only in the company, and under the supervision, of a police or customs officer.

Warrant to be executed within 3 months

I482Entry and search under a search and seizure warrant must be within 3 months from the date of its issue.

All-premises warrants

I413In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.

Search of premises more than once

I234Premises may be entered or searched for the second or any subsequent time under a search and seizure warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.

Evidence of authority etc

I826
1 Where the occupier of premises to be entered and searched under a search and seizure warrant is present at the time when a police or customs officer seeks to execute the warrant, the police or customs officer—
a must identify himself or herself to the occupier and, if not a constable in uniform, must produce to the occupier documentary evidence that he or she is a police or customs officer;
b must produce the warrant to the occupier;
c must supply the occupier with a copy of it.
2 Where the occupier of premises to be entered and searched under a search and seizure warrant is not present at the time when a police or customs officer seeks to execute the warrant—
a if some other person who appears to the officer to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;
b if not, the officer must leave a copy of the warrant in a prominent place on the premises.

Inspection of substances

I338Where a police or customs officer has power under section 55 to seize a substance from premises, the officer or a person authorised under paragraph 1(2) may inspect or test the substance on the premises with a view to establishing whether or not it is a substance that is suitable for use as a drug-cutting agent.

Securing premises after entry

I1849A police or customs officer who enters premises under a search and seizure warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before he or she entered.

Endorsement of warrant

I13510
1 A police or customs officer executing a search and seizure warrant must make an endorsement on it—
a describing the substances, and any containers, that were seized, or
b stating that no substances were seized.
2 Unless the warrant specifies one set of premises only, there must be a separate endorsement under this paragraph identifying each set of premises entered and searched.

Return and retention of warrant

I20211
1 A search and seizure warrant must be returned to the appropriate person (see sub-paragraph (2))—
a when the warrant has been executed, or
b on or before the expiry of the period of 3 months from the date of its issue, if the warrant is—
i a specific-premises warrant that has not been executed,
ii an all-premises warrant, or
iii a warrant authorising multiple entries.
2 The appropriate person is—
a in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;
b in the case of a warrant issued in Scotland, the sheriff clerk for the sheriff court in which the sheriff was sitting when the sheriff issued the warrant;
c in the case of a warrant issued in Northern Ireland, the clerk of petty sessions F11....
3 The appropriate person must retain a search and seizure warrant returned under sub-paragraph (1) for 12 months from the date of its return.
4 If during that period the occupier of premises to which the search and seizure warrant relates asks to inspect it, he or she must be allowed to do so.

Interpretation etc

I18612
1 In this Schedule—
  • “all-premises warrant” and “specific-premises warrant” have the meaning given in section 52(3);
  • “senior officer” means—
    1. a police officer of at least the rank of inspector;
    2. a National Crime Agency officer of grade 3 or above.
2 An authorisation under paragraph 3 or 4 must be in writing.

SCHEDULE 3 

Paedophile manuals: providers of information society services

Section 69

Interpretation of this Schedule

I751
1 “Prohibited item” means an item within section 69(1).
2 “Information society services”—
a has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
b is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”.
3 “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
4 “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
5 “Service provider” means a person providing an information society service.
F86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic service providers: extension of liability

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on institution of proceedings

F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exception for mere conduits

I634
1 A service provider does not commit an offence under section 69(1) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—
a initiate the transmission,
b select the recipient of the transmission, or
c select or modify the information contained in the transmission.
2 For the purposes of sub-paragraph (1)—
a providing access to a communication network, and
b transmitting information in a communication network,
include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
3 Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

I305
1 A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.
2 The first condition is that the storage of the information—
a is automatic, intermediate and temporary, and
b is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.
3 The second condition is that the service provider—
a does not modify the information,
b complies with any conditions attached to having access to the information, and
c if sub-paragraph (4) applies, promptly removes the information or disables access to it.
4 This sub-paragraph applies if the service provider obtains actual knowledge that—
a the information at the initial source of the transmission has been removed from the network,
b access to it has been disabled, or
c a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

I2366
1 A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service if—
a the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited item, or
b on obtaining actual knowledge that the information was, or contained, a prohibited item, the service provider promptly removed the information or disabled access to it.
2 Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

SCHEDULE 4 

Minor and consequential amendments

Section 85

Visiting Forces Act 1952 (c. 67)

I2121In the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003” insert “ sections 1 to 3 of ”.

Street Offences Act 1959 (c. 57)

I2262
1 The Schedule to the Street Offences Act 1959 (orders under section 1(2A): breach, amendment etc) is amended as follows.
2 In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a magistrates' court acting in the relevant local justice area”.
3 In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates' court”.
4 Omit paragraph 9(4).
5 In paragraph 10(4), for paragraphs (a) and (b) substitute “ to a prison ”.
6 Omit paragraph 10(5).
7 In paragraph 11(1) omit “youth court or other”.

Criminal Appeal Act 1968 (c. 19)

I383In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (1), at the end of paragraph (ca) insert “ (but not a determination under section 10A of that Act) ”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

I1694In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of “sentence”), at the end of paragraph (d) insert “ (but not a determination under section 160A of that Act) ”.

Senior Courts Act 1981 (c. 54)

I905In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the family division of the High Court), after paragraph (h) insert—
.

Civil Jurisdiction and Judgments Act 1982 (c. 27)

I156
1 In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), after paragraph (c) of subsection (6A) insert—
2 The power conferred by section 52(2) of that Act (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to the amendment of that Act made by sub-paragraph (1).

Computer Misuse Act 1990 (c. 18)

I977In each of the following provisions of the Computer Misuse Act 1990, for “six” substitute “ 12 ”
a section 1(3)(b);
b section 2(5)(b);
c section 3(6)(b);
d section 3A(5)(b).
I1818In section 3A of that Act (making, supplying or obtaining articles for use in an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
I329In section 4 of that Act (territorial scope of offences), in the heading, for “sections 1 to 3” substitute “ this Act ”.
I5910
1 Section 6 of that Act (territorial scope of inchoate offences) is amended as follows.
2 In the heading, for “sections 1 to 3” substitute “ this Act ”.
3 In subsection (1), for “section 1, 2 or 3 above” substitute “ this Act ”.
4 In subsection (2), for “section 3 above” substitute “ this Act ”.
I21111
1 Section 9 of that Act (British citizenship immaterial) is amended as follows.
2 In subsection (1), at the beginning insert “ Except as provided by section 5(1A), ”.
3 In subsection (2)(a), for “section 1, 2 or 3 above” substitute “ this Act ”.
4 In subsection (2)(c), for “section 3 above” substitute “ this Act ”.
I19812In section 10 of that Act, for the heading substitute “ Savings ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

I2414In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord Advocate's right of appeal against disposal), after paragraph (ca) of subsection (1) insert—
.
I4915
1 Section 175 of that Act (right of appeal from summary proceedings) is amended as follows.
2 In subsection (4), after paragraph (ca) insert—
.
3 In subsection (4A)(b)(ii), for “or (ca)” substitute “ , (ca) or (cb) ”.
I23816In section 222 of that Act (transfer of fine orders), in subsection (8), for “section 31 of the Powers of Criminal Courts Act 1973” substitute “ section 139 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Family Law Act 1996 (c. 27)

I3917In section 63 of the Family Law Act 1996 (interpretation of Part 4), in subsection (2), after paragraph (i) insert—
.

Regulation of Investigatory Powers Act 2000 (c. 23)

F1318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime Act 2002 (c. 29)

I13319In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”
I220In section 12 of that Act (interest on unpaid sums), in subsection (1)—
a for “the amount required to be paid” substitute “ any amount required to be paid ”;
b for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
I3721In section 14 of that Act (postponement), after paragraph (c) of subsection (12) insert—
.
I7322
1 Section 15 of that Act (effect of postponement) is amended as follows.
2 In subsection (2)—
a at the end of paragraph (c) omit “or”;
b after that paragraph insert—
.
3 In subsection (3)—
a at the end of paragraph (c) omit “or”;
b after that paragraph insert—
.
I18323
1 Section 19 of that Act (no order made: reconsideration of case) is amended as follows.
2 In subsection (7), after paragraph (d) insert—
.
3 In subsection (8), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.
I2224
1 Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows.
2 In subsection (11), after paragraph (d) insert—
.
3 In subsection (12), after “Sentencing Act” insert “ , a surcharge under section 161A of the Criminal Justice Act 2003 ”.
I425
1 Section 21 of that Act (order made: reconsideration of benefit) is amended as follows.
2 In subsection (9), after paragraph (c) insert—
.
3 In subsection (10), after “(9)(c)” insert “ , (ca) ”.
I22026
1 Section 22 of that Act (order made: reconsideration of available amount) is amended as follows.
2 In subsection (5), after paragraph (c) insert—
3 In subsection (6), after “(5)(c)” insert “ or (d). ”
I727
1 Section 31 of that Act (appeal to Court of Appeal) is amended as follows.
2 In the heading, after “prosecutor” insert “ etc ”.
3 In subsection (3), after “by virtue of section” insert “ 10A, ”.
I12028In section 32 of that Act (Court of Appeal's powers on appeal), in subsection (7), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.
I1729In section 33 of that Act (appeal to Supreme Court), in subsection (9), after “(compensation orders)” insert “ , section 161A of the Criminal Justice Act 2003 (orders requiring payment of surcharge) ”.
I6030In section 35 of that Act (enforcement as fines), in subsection (2), for “139(2) to (4)” substitute “ 139(2), (3) ”.
I7231In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—
I6132
1 Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.
2 In subsection (4), for “(7)” substitute “ (8) ”.
3 For subsection (7) substitute—
I22333In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.
I12634In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—
.
I14835In section 92 of that Act (making of order), at the end of subsection (6) insert—
I144I22136In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—
I76I11937
1 Section 100 of that Act (effect of postponement) is amended as follows.
2 In subsection (3)—
a at the end of paragraph (b) omit “or”;
b after paragraph (c) insert—
3 In subsection (4)—
a at the end of paragraph (b) omit “or”;
b after paragraph (c) insert—
I91I12438
1 Section 104 of that Act (no order made: reconsideration of case) is amended as follows.
2 In subsection (7), after paragraph (d) insert—
3 After subsection (8) insert—
I195I15139
1 Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.
2 In subsection (10), after paragraph (d) insert—
3 After subsection (11) insert—
I179I1040
1 Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.
2 In subsection (8), after paragraph (c) insert—
3 In subsection (9)—
a for “the court must not” substitute
;
b at the end insert—
I69I17341
1 Section 107 of that Act (order made: reconsideration of available amount) is amended as follows.
2 In subsection (4), after paragraph (c) insert—
3 In subsection (5)—
a for “the court must not” substitute
;
b at the end insert—
I15642In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).
I16343
1 Section 121 of that Act (application, recall and variation) is amended as follows.
2 In subsection (5), for “(9)” substitute “ (10) ”.
3 For subsection (9) substitute—
I105I9644In section 131 of that Act (sums received by clerk of court)—
a in subsection (6), after “97(6)” insert “ or 97A(4) ”;
b after that subsection insert—
I22545In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).
I10646In section 156 of that Act (making of order), at the end of subsection (5) insert—
I947In section 162 of that Act (interest on unpaid sums), in subsection (1)—
a for “the amount required to be paid” substitute “ any amount required to be paid ”;
b for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
I2848
1 Section 181 of that Act (appeal to Court of Appeal) is amended as follows.
2 In the heading, after “prosecutor” insert “ etc ”.
3 In subsection (3), after “by virtue of section” insert “ 160A, ”.
I10449In section 185 of that Act (enforcement as fines)—
a in subsection (2) omit “(2),”;
b in subsection (3), after “Criminal Justice” insert “ (Children) ”.
I11250In section 190 of that Act (restraint orders), after subsection (7C) (inserted by section 33 above) insert—
I1351
1 Section 191 of that Act (application, discharge and variation of restraint orders) is amended as follows.
2 In subsection (4), for “(7)” substitute “ (8) ”.
3 For subsection (7) substitute—
I19152In section 273 of that Act (payments in respect of rights under pension schemes), in subsection (4)(b), after “section 245E,” insert “ PPO receiver, ”.
I13953In section 277 of that Act (consent orders: pensions), in subsection (7)(b), after “section 245E,” insert “ PPO receiver, ”.
I17054In section 316 of that Act (Part 5: general interpretation), in subsection (1), at the appropriate place insert—
.
I14255In section 341 of that Act (investigations), in subsection (1) omit “or” at the end of paragraph (a).
I21856In section 416 of that Act (other interpretative provisions), after subsection (3) insert—
I8057
1 Section 459 of that Act (orders and regulations) is amended as follows.
2 In subsection (4)(a)—
a after “section” insert “ 35(2C), ”;
b before “75(7) or (8)” insert “ 67(7A), ”.
3 In subsection (7A)—
a after “section” insert “ 185(2B), ”;
b before “223(7) or (8)” insert “ 215(7A), ”.
I15558
1 In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows.
2 In paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
3 In paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”.
4 In paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
I15959In Schedule 10 to that Act, in paragraph 1 (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (d) insert—
.

Female Genital Mutilation Act 2003 (c. 31)

I8860In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in subsection (4), after “Scotland” insert “ and sections 5B and 5C do not extend to Northern Ireland ”.

Courts Act 2003 (c. 39)

I5261In Schedule 8 to the Courts Act 2003 omit paragraph 409 (which is spent as a result of the amendment made by section 14(1)).

Sexual Offences Act 2003 (c. 42)

I13162In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A: interpretation), for subsections (2) and (3) substitute—
I2963In section 78 of that Act (meaning of “sexual”), for “except section 71” substitute “ except sections 15A and 71 ”.
I17864
1 In section 136A of that Act (meaning of specified prostitution offence etc) subsection (2) is amended as follows.
2 After paragraph (a) insert—
.
3 In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern Ireland Order,” substitute “ Article 38 of the Northern Ireland Order ”.
4 After paragraph (b) insert—
.
5 In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern Ireland Order,” substitute “ Article 39 of the Northern Ireland Order ”.
6 After paragraph (c) insert—
.
7 In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern Ireland Order,” substitute “ Article 40 of the Northern Ireland Order ”.
I7165
1 Subsection (3) of that section is amended as follows.
2 Before paragraph (a) insert—
.
3 In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern Ireland Order,” substitute “ Article 38 of the Northern Ireland Order ”.
4 After paragraph (a) insert—
.
5 In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern Ireland Order,” substitute “ Article 39 of the Northern Ireland Order ”.
6 After paragraph (b) insert—
.
7 In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern Ireland Order,” substitute “ Article 40 of the Northern Ireland Order ”.
66
I1151 Schedule 3 to that Act (sexual offences for purposes of Part 2 (notification requirements etc)) is amended as follows.
I672 After paragraph 24 insert—
I1153 After paragraph 35B insert—
I1674 After paragraph 92X insert—

Criminal Justice Act 2003 (c. 44)

I15467In Schedule 3 to the Criminal Justice Act 2003 omit paragraph 75(3) (which is spent as a result of the amendment made by section 9(1)).
68
I431 Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part 12) is amended as follows.
I2372 After paragraph 116 insert—
I433 In paragraph 136, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
I434 In paragraph 137, for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”.
I435 In paragraph 138, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
F1569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
I941 Schedule 34A to that Act (child sex offences for purposes of section 327A) is amended as follows.
I2052 In paragraph 7(b), for “15” substitute “ 15A ”.
I943 In paragraph 7(e), for “abuse of children through prostitution and pornography” substitute “ sexual exploitation of children ”.
I944 After paragraph 13A insert—

Serious Organised Crime and Police Act 2005 (c. 15)

I18771In the Serious Organised Crime and Police Act 2005 omit sections 79 to 81 (financial reporting orders).
I4272In section 175 of that Act (penalties for offences: transitional modification for England and Wales), in the table in subsection (3) omit the entry for section 79(10)(a)(i).
73
I1741 Section 179 of that Act (extent etc) is amended as follows.
I1232 In subsection (3)(b), for “79” substitute “ 82. ”
I1233 In subsection (4)(a) omit “77 and”.
I1234 In subsection (5)(b), for “79” substitute “ 82 ”.
I1745 In subsection (6) omit paragraph (b).

Terrorism Act 2006 (c. 11)

74In section 17 of the Terrorism Act 2006 (commission of offences abroad), in subsection (2)(a)—
a omit “or 6”;
b omit “, instruction or training”.

Armed Forces Act 2006 (c. 52)

I3175In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the possible commission of which, if suspected, must be referred to a service police force), in paragraph 12—
a after paragraph (ak) insert—
;
b at the end insert—

Serious Crime Act 2007 (c. 27)

I4676In section 9 of the Serious Crime Act 2007 (right of third parties to make representations), in subsection (4), for “or 21” substitute “ , 21 or 22E ”.
I21377In section 16 of that Act (duration of orders), at the end insert—
I6878
1 Section 19 of that Act (orders by Crown Court on conviction) is amended as follows.
2 After subsection (2) insert—
3 After subsection (4) insert—
I21779In section 21 of that Act (powers of Crown Court to vary orders on breach), in the heading, after “vary” insert “ or replace ”.
I19280In section 36 of that Act (proceedings in the Crown Court), in subsection (1), for “or 21” substitute “ , 21 or 22E ”.
I14181
1 Schedule 1 to that Act (serious offences) is amended as follows.
2 In Part 1 (serious offences in England and Wales), in paragraph 4 (prostitution and child sex), in sub-paragraph (2)—
a in paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;
b in paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”;
c in paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
3 In that Part, after paragraph 13 insert—
4 In Part 2 (serious offences in Northern Ireland), for the heading before paragraph 19 substitute— “ Firearms offences ”.
I10282In Part 2 of Schedule 3 to that Act (offences under particular enactments: England and Wales), after paragraph 38 insert—

Policing and Crime Act 2009 (c. 26)

I23383In the Policing and Crime Act 2009, in the heading of Part 4, after “violence” insert “ and drug-dealing activity ”.
I17184In section 35 (contents of injunctions), in subsection (2)(e), after “violence” insert “ or drug-dealing activity ”.
I1285In section 49 (interpretation), at the appropriate place in subsection (1) insert—
.

Crime and Security Act 2010 (c. 17)

I2586In the Crime and Security Act 2010 omit section 34 (which is spent as a result of the amendment made by section 51 above).

Prevention of Social Housing Fraud Act 2013 (c. 3)

I13089In the Schedule to the Prevention of Social Housing Fraud Act 2013 (consequential amendments), omit paragraphs 14 and 22 (which are spent as a result of the amendments made by section 6 and paragraph 33 above).

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

I8990In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(a), for “prostitution and pornography” substitute “ sexual exploitation ”.

Footnotes

  1. I1
    S. 85 partly in force at Royal Assent; s. 85(1) in force for specified purposes at Royal Assent; s. 85(2)-(7) wholly in force at Royal Assent, see s. 88(1)(2)(c)(3)(b)(5)(b)
  2. I2
    Sch. 4 para. 20 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  3. I3
    S. 5 in force at 1.6.2015 by S.I. 2015/820, reg. 3(b)
  4. I4
    Sch. 4 para. 25 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  5. I5
    S. 19 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(d) (with reg. 3)
  6. I6
    Sch. 1 para. 31 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  7. I7
    Sch. 4 para. 27 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  8. I8
    Sch. 4 para. 88 in force at 17.7.2015 by S.I. 2015/1428, art. 2(c)(v)
  9. I9
    Sch. 4 para. 47 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  10. I10
    Sch. 4 para. 40 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  11. I11
    Sch. 1 para. 20 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  12. I12
    Sch. 4 para. 85 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(ix)
  13. I13
    Sch. 4 para. 51 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  14. I14
    S. 3 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)
  15. I15
    Sch. 4 para. 6 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(ii)
  16. I16
    Sch. 1 para. 17 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f) (with art. 5)
  17. I17
    Sch. 4 para. 29 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  18. F1
    S. 88(5)(c) repealed (4.7.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 9 (with s. 19, Sch. 8 para. 37); S.I. 2018/808, reg. 3(i)
  19. I18
    Sch. 1 para. 28 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  20. I19
    S. 50(1)(a)(c)(2) in force at 3.5.2015 by S.I. 2015/820, reg. 2(i)
  21. I20
    S. 39 in force at 1.6.2015 by S.I. 2015/820, reg. 3(l)
  22. I21
    S. 84 in force at 3.5.2015 by S.I. 2015/820, reg. 2(n)
  23. I22
    Sch. 4 para. 24 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  24. I23
    Sch. 2 para. 4 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  25. I24
    Sch. 4 para. 14 in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)
  26. I25
    Sch. 4 para. 86 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(ix)
  27. I26
    Sch. 1 para. 30 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  28. I27
    Sch. 1 para. 4 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  29. F2
    Sch. 3 para. 1(7) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 9(a)(ii)
  30. I28
    Sch. 4 para. 48 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  31. I29
    Sch. 4 para. 63 in force at 3.4.2017 by S.I. 2017/511, reg. 2(b)(i)
  32. I30
    Sch. 3 para. 5 in force at 3.5.2015 by S.I. 2015/820, reg. 2(q)
  33. I31
    Sch. 4 para. 75 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xiv)
  34. I32
    Sch. 4 para. 9 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  35. I33
    Sch. 2 para. 8 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  36. F3
    Words in s. 69(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  37. I34
    S. 64 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  38. I35
    S. 85(1) in force at 1.3.2016 for specified purposes by S.I. 2016/148, reg. 3(f)
  39. I36
    Sch. 1 para. 19 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  40. I37
    Sch. 4 para. 21 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  41. I38
    Sch. 4 para. 3 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(i)
  42. F4
    S. 82 repealed (4.7.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 9 (with s. 19, Sch. 8 para. 37); S.I. 2018/808, reg. 3(i)
  43. I39
    Sch. 4 para. 17 in force at 17.7.2015 by S.I. 2015/1428, art. 2(c)(iii)
  44. I40
    S. 38(3) in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(h)
  45. I41
    Sch. 2 para. 3 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  46. I42
    Sch. 4 para. 72 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xii)
  47. I43
    Sch. 4 para. 68(1)(3)-(5) in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(ix)
  48. I44
    S. 15 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  49. I45
    S. 38(1)(2) in force at 1.3.2016 by S.I. 2016/148, reg. 3(c)
  50. F5
    Word in s. 69(8) omitted (E.W.) (17.3.2016) by virtue of The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 24(a)
  51. I46
    Sch. 4 para. 76 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xv)
  52. I47
    S. 4 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)
  53. I48
    Sch. 2 para. 2 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  54. I49
    Sch. 4 para. 15 in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)
  55. I50
    S. 18 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(c)
  56. I51
    S. 35 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(i)
  57. I52
    Sch. 4 para. 61 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(vii)
  58. F6
    S. 76A inserted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(2), Sch. 3 para. 3
  59. I53
    S. 16 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(a)
  60. I54
    S. 85(1) in force at 1.3.2016 for specified purposes by S.S.I. 2016/11, reg. 2(i)
  61. I55
    S. 9 in force at 1.6.2015 by S.I. 2015/820, reg. 3(f)
  62. I56
    S. 25 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(a)
  63. I57
    S. 52 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  64. I58
    Sch. 1 para. 24 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  65. I59
    Sch. 4 para. 10 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  66. I60
    Sch. 4 para. 30 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  67. I61
    Sch. 4 para. 32 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  68. I62
    S. 28 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(b)
  69. I63
    Sch. 3 para. 4 in force at 3.5.2015 by S.I. 2015/820, reg. 2(q)
  70. I64
    Sch. 2 para. 5 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  71. I65
    S. 85(1) in force at 17.7.2015 for specified purposes by S.I. 2015/1428, art. 2(b)
  72. I66
    Sch. 1 para. 11 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  73. I67
    Sch. 4 para. 66(2) in force at 3.4.2017 by S.I. 2017/511, reg. 2(b)(ii)
  74. I68
    Sch. 4 para. 78 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xv)
  75. I69
    Sch. 4 para. 41 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  76. I70
    Sch. 1 para. 12 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  77. I71
    Sch. 4 para. 65 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(vii)
  78. I72
    Sch. 4 para. 31 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  79. I73
    Sch. 4 para. 22 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  80. I74
    S. 65 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  81. I75
    Sch. 3 para. 1 in force at 3.5.2015 by S.I. 2015/820, reg. 2(q)
  82. I76
    Sch. 4 para. 37 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  83. I77
    S. 1 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)
  84. I78
    Sch. 1 para. 3 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  85. I79
    S. 77 in force at 29.12.2015 by S.I. 2015/1976, reg. 2(b)
  86. I80
    Sch. 4 para. 57 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(v)
  87. I81
    S. 46 in force at 1.3.2016 by S.I. 2016/148, reg. 3(d)
  88. I82
    Sch. 2 para. 6 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  89. F7
    S. 80A inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 107, 118(2)
  90. I83
    S. 29 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(c)
  91. I84
    Sch. 1 para. 25 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  92. I85
    S. 26 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(a)
  93. I86
    Sch. 4 para. 87(1)(3)(4) in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(x)
  94. I87
    S. 53 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  95. F8
    Sch. 3 para. 1(6) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 9(a)(i)
  96. I88
    Sch. 4 para. 60 in force at 31.10.2015 by S.I. 2015/1809, reg. 2(d)
  97. I89
    Sch. 4 para. 90 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xviii)
  98. I90
    Sch. 4 para. 5 in force at 17.7.2015 by S.I. 2015/1428, art. 2(c)(i)
  99. I91
    Sch. 4 para. 38 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  100. I92
    Sch. 1 para. 7 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  101. I93
    S. 33 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(g)
  102. I94
    Sch. 4 para. 70(1)(3)(4) in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xi)
  103. I95
    Sch. 2 para. 1 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  104. I96
    Sch. 4 para. 44 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  105. I97
    Sch. 4 para. 7 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  106. I98
    Sch. 1 para. 21 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  107. I99
    S. 85(1) in force at 31.10.2015 for specified purposes by S.I. 2015/1809, reg. 2(c)
  108. I100
    S. 36 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(j)
  109. I101
    S. 20 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(e)
  110. I102
    Sch. 4 para. 82 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xvii)
  111. I103
    S. 12 in force at 1.6.2015 by S.I. 2015/820, reg. 3(i)
  112. I104
    Sch. 4 para. 49 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  113. I105
    Sch. 4 para. 44 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  114. I106
    Sch. 4 para. 46 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  115. I107
    Sch. 1 para. 18 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  116. I108
    S. 6 in force at 1.6.2015 by S.I. 2015/820, reg. 3(c)
  117. F9
    Words in s. 75A(5)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  118. I109
    Sch. 1 para. 10 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  119. I110
    S. 14 in force at 1.6.2015 by S.I. 2015/820, reg. 3(j)
  120. I111
    S. 55 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  121. I112
    Sch. 4 para. 50 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(b)
  122. I113
    Sch. 1 para. 1 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  123. I114
    S. 40 in force at 1.6.2015 by S.I. 2015/820, reg. 3(m)
  124. I115
    Sch. 4 para. 66(1)(3) in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(viii)
  125. I116
    S. 85(1) in force at 1.6.2015 for specified purposes by S.I. 2015/820, reg. 3(p)
  126. F10
    S. 86(12) repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  127. I117
    Sch. 1 para. 8 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  128. F11
    Words in Sch. 2 para. 11(2)(c) repealed (N.I) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 144, Sch. 9 Pt. 1; S.R. 2016/387, art. 2(k)(m) (with art. 3)
  129. I118
    S. 76 in force at 29.12.2015 by S.I. 2015/1976, reg. 2(a)
  130. I119
    Sch. 4 para. 37 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  131. I120
    Sch. 4 para. 28 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  132. I121
    S. 44 in force at 3.5.2015 by S.I. 2015/820, reg. 2(d)
  133. I122
    S. 68 in force at 3.5.2015 by S.I. 2015/820, reg. 2(l)
  134. I123
    Sch. 4 para. 73(2)-(4) in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)
  135. I124
    Sch. 4 para. 38 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  136. I125
    Sch. 1 para. 16 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  137. F12
    S. 83 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  138. I126
    Sch. 4 para. 34 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  139. I127
    S. 47 in force at 3.5.2015 by S.I. 2015/820, reg. 2(f)
  140. I128
    S. 45 in force at 3.5.2015 by S.I. 2015/820, reg. 2(e)
  141. I129
    Sch. 1 para. 6 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  142. I130
    Sch. 4 para. 89 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(xi)
  143. I131
    Sch. 4 para. 62 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(vi)
  144. I132
    S. 66 in force at 3.5.2015 by S.I. 2015/820, reg. 2(k)
  145. I133
    Sch. 4 para. 19 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  146. I134
    S. 85(1) in force at 1.6.2015 for specified purposes by S.R. 2015/190, reg. 3(1)(k)
  147. I135
    Sch. 2 para. 10 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  148. I136
    Sch. 1 para. 2 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f) (with art. 4)
  149. I137
    S. 37 in force at 1.6.2015 by S.I. 2015/820, reg. 3(k)
  150. F13
    Sch. 4 para. 18 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  151. I138
    S. 60 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  152. F14
    Word in s. 69(8) inserted (E.W.) (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 24(b)
  153. I139
    Sch. 4 para. 53 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)
  154. I140
    S. 22 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(g)
  155. I141
    Sch. 4 para. 81 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xvi)
  156. I142
    Sch. 4 para. 55 in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)
  157. F15
    Sch. 4 para. 69 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  158. I143
    S. 74 in force at 31.10.2015 by S.I. 2015/1809, reg. 2(a)
  159. I144
    Sch. 4 para. 36 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  160. F16
    Ss. 75A, 75B and cross-heading inserted (E.W.) (7.6.2022) by Domestic Abuse Act 2021 (c. 17), ss. 70(1), 90(6); S.I. 2022/553, regs. 1(2), 3(a)
  161. I145
    S. 51 in force at 1.6.2015 by S.I. 2015/820, reg. 3(n)
  162. I146
    S. 42 in force at 3.5.2015 by S.I. 2015/820, reg. 2(b)
  163. I147
    S. 59 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  164. I148
    Sch. 4 para. 35 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)
  165. I149
    S. 50(1)(b) in force at 1.3.2016 by S.I. 2016/148, reg. 3(e)
  166. I150
    S. 2 in force at 1.6.2015 by S.I. 2015/820, reg. 3(a)
  167. F17
    S. 8(3)(za) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 34(11), 58(1)(6); S.I. 2018/78, reg. 3(s)
  168. I151
    Sch. 4 para. 39 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  169. I152
    Sch. 1 para. 13 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  170. F18
    Words in s. 86(14) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  171. I153
    S. 41 in force at 3.5.2015 by S.I. 2015/820, reg. 2(a)
  172. I154
    Sch. 4 para. 67 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(viii)
  173. I155
    Sch. 4 para. 58 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(v)
  174. I156
    Sch. 4 para. 42 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j) (with reg. 3)
  175. I157
    S. 85(1) in force at 3.5.2015 for N.I. for specified purposes by S.R. 2015/190, reg. 2
  176. I158
    S. 49 in force at 3.5.2015 by S.I. 2015/820, reg. 2(h)
  177. I159
    Sch. 4 para. 59 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(vi)
  178. I160
    S. 54 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  179. I161
    S. 85(1) in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  180. I162
    S. 57 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  181. F19
    Words in s. 76(11)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  182. I163
    Sch. 4 para. 43 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)
  183. I164
    Sch. 1 para. 29 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  184. I165
    S. 79 in force at 10.11.2015 by S.I. 2015/1809, reg. 3
  185. I166
    S. 56 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  186. I167
    Sch. 4 para. 66(4) in force for N.I. at 3.5.2015 by S.R. 2015/190, reg. 2
  187. I168
    Sch. 1 para. 26 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  188. I169
    Sch. 4 para. 4 in force at 1.6.2015 by S.R. 2015/190, reg. 3(2)(a)
  189. I170
    Sch. 4 para. 54 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)
  190. I171
    Sch. 4 para. 84 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(ix)
  191. I172
    Sch. 4 para. 87(2) in force at 17.7.2015 by S.I. 2015/1428, art. 2(c)(iv)
  192. I173
    Sch. 4 para. 41 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  193. I174
    Sch. 4 para. 73(1)(5) in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xiii)
  194. I175
    S. 34 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(h)
  195. F20
    Words in s. 75A(5)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  196. I176
    S. 62 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  197. F21
    Sch. 3 para. 1(8) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 9(a)(iii)
  198. I177
    S. 17 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(b)
  199. I178
    Sch. 4 para. 64 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(vii)
  200. I179
    Sch. 4 para. 40 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  201. I180
    Sch. 1 para. 27 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  202. I181
    Sch. 4 para. 8 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  203. I182
    S. 21 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(f)
  204. I183
    Sch. 4 para. 23 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  205. I184
    Sch. 2 para. 9 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  206. I185
    S. 27 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(a)
  207. I186
    Sch. 2 para. 12 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  208. I187
    Sch. 4 para. 71 in force at 1.3.2016 by S.I. 2016/148, reg. 3(g)
  209. I188
    S. 73 in force at 17.7.2015 by S.I. 2015/1428, art. 2(a)
  210. I189
    Sch. 1 para. 22 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  211. I190
    S. 24 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(a)
  212. I191
    Sch. 4 para. 52 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iv)
  213. I192
    Sch. 4 para. 80 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xv)
  214. I193
    S. 11 in force at 1.6.2015 by S.I. 2015/820, reg. 3(h)
  215. I194
    S. 78 in force at 1.6.2015 by S.I. 2015/820, reg. 3(o)
  216. I195
    Sch. 4 para. 39 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
  217. I196
    Sch. 1 para. 5 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  218. I197
    Sch. 1 para. 23 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  219. I198
    Sch. 4 para. 12 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  220. I199
    S. 85(1) in force at 3.4.2017 for specified purposes by S.I. 2017/511, reg. 2(a)
  221. I200
    S. 67 in force at 3.4.2017 by S.I. 2017/451, reg. 2
  222. I201
    S. 58 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  223. F22
    Sch. 3 para. 2 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 9(b)
  224. I202
    Sch. 2 para. 11 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  225. I203
    S. 85(1) in force at 3.5.2015 for specified purposes by S.I. 2015/820, reg. 2(o)
  226. I204
    S. 63 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  227. I205
    Sch. 4 para. 70(2) in force at 3.4.2017 by S.I. 2017/511, reg. 2(b)(iv)
  228. I206
    Sch. 1 para. 15 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  229. I207
    S. 23 in force at 1.3.2016 by S.I. 2016/148, reg. 3(b)
  230. I208
    S. 85(1) in force at 10.2.2021 for specified purposes by S.S.I. 2020/407, reg. 2(1)(b)
  231. I209
    S. 75 in force at 31.10.2015 by S.I. 2015/1809, reg. 2(b)
  232. I210
    S. 15 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(a)
  233. I211
    Sch. 4 para. 11 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(iii)
  234. I212
    Sch. 4 para. 1 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(i)
  235. I213
    Sch. 4 para. 77 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xv)
  236. I214
    S. 30 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(d)
  237. I215
    Sch. 4 para. 13 in force at 17.7.2015 by S.I. 2015/1428, art. 2(c)(ii)
  238. I216
    S. 48 in force at 3.5.2015 by S.I. 2015/820, reg. 2(g)
  239. F23
    Words in s. 86(14) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  240. I217
    Sch. 4 para. 79 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(xv)
  241. I218
    Sch. 4 para. 56 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(v)
  242. I219
    S. 31 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(e)
  243. I220
    Sch. 4 para. 26 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  244. I221
    Sch. 4 para. 36 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(c)
  245. I222
    S. 13 in force at 1.3.2016 by S.I. 2016/148, reg. 3(a)
  246. I223
    Sch. 4 para. 33 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)
  247. I224
    Sch. 1 para. 9 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  248. I225
    Sch. 4 para. 45 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j) (with reg. 3)
  249. I226
    Sch. 4 para. 2 in force at 3.5.2015 by S.I. 2015/820, reg. 2(r)(ii)
  250. I227
    S. 8 in force at 1.6.2015 by S.I. 2015/820, reg. 3(e)
  251. F24
    Sch. 3 para. 3 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 9(c)
  252. I228
    S. 32 in force at 1.6.2015 by S.R. 2015/190, reg. 3(1)(f)
  253. I229
    Sch. 2 para. 7 in force at 3.5.2015 by S.I. 2015/820, reg. 2(p)
  254. I230
    S. 69 in force at 3.5.2015 by S.I. 2015/820, reg. 2(m)
  255. I231
    S. 61 in force at 3.5.2015 by S.I. 2015/820, reg. 2(j)
  256. I232
    Sch. 1 para. 14 in force at 1.3.2016 by S.I. 2016/148, reg. 3(f)
  257. I233
    Sch. 4 para. 83 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(ix)
  258. I234
    S. 7 in force at 1.6.2015 by S.I. 2015/820, reg. 3(d)
  259. I235
    S. 43 in force at 3.5.2015 by S.I. 2015/820, reg. 2(c)
  260. F25
    Words in s. 69(8)(c) inserted (E.W.) (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 24(c)
  261. I236
    Sch. 3 para. 6 in force at 3.5.2015 by S.I. 2015/820, reg. 2(q)
  262. I237
    Sch. 4 para. 68(2) in force at 3.4.2017 by S.I. 2017/511, reg. 2(b)(iii)
  263. I238
    Sch. 4 para. 16 in force at 1.3.2016 by S.S.I. 2016/11, reg. 2(j)
  264. I239
    S. 10 in force at 1.6.2015 by S.I. 2015/820, reg. 3(g)
  265. F26
    Words in s. 76(7) substituted (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(5), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)
  266. F27
    S. 76(2) omitted (5.4.2023) by virtue of Domestic Abuse Act 2021 (c. 17), ss. 68(3), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)
  267. F28
    Words in s. 76(1)(b) inserted (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(2), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)
  268. F29
    S. 76(6)(6A) substituted for s. 76(6) (5.4.2023) by Domestic Abuse Act 2021 (c. 17), ss. 68(4), 90(6); S.I. 2023/406, reg. 2(a) (with reg. 3)