- adult
means a person aged 18 or over;
- adult without capacity
means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;
- Agency complaints function
means a function in relation to the exercise of functions by officers of the Agency;
- an extended disqualification provision
means— (a) section 35C of the 1988 Act (in the case of an order under section 34 or 35 of that Act), or (b) section 248D of the 1995 Act (in the case of an order under section 248 or 248A of the 1995 Act);
- appropriate authority
means— (a) in relation to a school maintained by a local authority, the governing body;
- appropriate court
means— a where the Crown Court or the Court of Appeal made the serious violence reduction order, the Crown Court;
- appropriate decision-maker
means— a in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority, b in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above, c in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and d in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.”
- appropriate NHS authority
means— (a) if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;
- appropriate officer
means the officer investigating the offence for which the person was arrested. 14B 1 A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C). 2 The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— a in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or b in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed t
- approved course
means a course approved (whether before or after this Article comes into operation) by a body specified in regulations under paragraph (7);
- article
includes a vehicle and, except in subsection (2), an animal;
- authorised person
has the meaning given by subsection (1) of section 44 (subject to subsections (2) and (3) of that section);
- bail
includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, • “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned, • “eligible criminal proceedings” has the meaning given in section 51(3), • “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of— (a) a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or (b) a financial penalty that is enforceable in accordance w
- bladed article
means an article to which section 139 of the Criminal Justice Act 1988 applies;
- chief officer
means— a a chief officer of police of a police force in England and Wales, or b the Chief Constable of the British Transport Police Force. 4 In this section the following terms have the meaning given by section 90G(5)— • “approved course”;
- child
means a person aged under 18;
- commencement
means the coming into force of this section;
- confidential information
has the meaning given by section 43;
- Convention
has the meaning given by section 21(1) of the Human Rights Act 1998. 3 A local authority must obtain the necessary consents before— a making an expedited order, b extending or reducing the period for which an expedited order has effect, or c varying or discharging an expedited order. 4 If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of— a the chief officer of police for the police area that includes the restricted area, and b a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy. 5 If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of— a the chief officer of police for the police area that includes the restricted area, and b a person authorised by the appropriate NHS authority. 6 In this section— • “appropriate authority” means— (a) in relation to a school maintained by a local authority, the governing body;
- corresponding offence
means— i in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
- counselling information request
has the meaning given by section 44A(5).
- court
has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act). 2 If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings. 3 A direction under subsection (2) may authorise only the following types of transmission— a transmission to designated live-streaming premises, or b transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court). 4 In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2). 5 A direction under subsection (2) may include further provision about— a the manner of transmission, or b the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing pe
- court proceedings
means proceedings in any court;
- courtroom
includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51). 5 A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.”
- criminal offence
includes— (a) a service offence within the meaning of the Armed Forces Act 2006, and (b) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
- Crown premises
means premises held or used by or on behalf of the Crown.
- custodial sentence
includes a pre-Code custodial sentence (see section 222(4));
- damage
includes— (a) damage to the land;
- data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
- data subject
has the meaning given by section 3(5) of the Data Protection Act 2018;
- defendant
includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned, • “eligible criminal proceedings” has the meaning given in section 51(3), • “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of— (a) a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or (b) a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is
- designated live-streaming premises
has the meaning given by section 85A(4). 8 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 9 Conduct that amounts to an offence under subsection (1) is also a contempt of court.
- designated person
means— a a constable, b a member of staff appointed by the chief officer of police of a police force in England and Wales, c a member of staff appointed by a local policing body and employed to assist a police force in England and Wales, d a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8), e an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, f a person employed or engaged by— i a chief officer of police, ii the British Transport Police Authority, iii the Civil Nuclear Police Authority, iv the chief constable
- detention and training order
has the meaning given by section 233 of the Sentencing Code.”
- devolved Welsh authority
has the meaning given in section 157A of the Government of Wales Act 2006;
- disqualification order
has the same meaning as in section 66.
- disruption
includes an interference with— (a) a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or (b) a supply of water, energy or fuel;
- distress
means distress caused by— (a) the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) the display of any writing, sign, or other visible representation that is threatening, abusive or insulting.”
- domestic abuse
has the meaning given by section 1 of the Domestic Abuse Act 2021;
- driving disqualification order
means an order under— (a) section 34 or 35 of the Road Traffic Offenders Act 1988 (“the 1988 Act”), or (b) section 248 or 248A of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);
- drug
means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971;
- dwelling
means— (a) a building or structure which is used as a dwelling, or (b) a part of a building or structure, if the part is used as a dwelling, and includes any yard, garden, garage or outhouse belonging to and used with a dwelling.
- educational authority
means a person listed in the first column of the first table in Schedule 2;
- electronic device
means any device on which information is capable of being stored electronically and includes any component of such a device;
- electronic monitoring requirement
has the meaning given by paragraph 41 of Schedule 6 as it had effect before the day mentioned in subsection (1). 3 The electronic monitoring requirement is not affected by the renaming of electronic monitoring requirements as electronic compliance monitoring requirements by that Act. 4 This Chapter applies in relation to the youth rehabilitation order as if any reference to an electronic compliance monitoring requirement were to an electronic monitoring requirement.”
- eligible criminal proceedings
has the meaning given in section 51(3), • “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of— (a) a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or (b) a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable), • “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which— (a) enables P to hear all o
- emergency worker
has the meaning given by section 68;
- enactment
includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),”
- expedited order
has the meaning given by section 59A(1);” “• “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;” “• “NHS body” has the meaning given in section 275 of the National Health Service Act 2006;” “• “school” has the meaning given by section 4 of the Education Act 1996.”
- financial year
means— (a) the period which begins with the day on which this section comes into force and ends with the following 31 March, and (b) each successive period of 12 months;
- fixed penalty offence
means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51);
- food crime officer
has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).”
- football organisation
means an organisation which is a regulated football organisation for the purposes of Part 2 of this Act.”
- former members of the police workforce
means persons who have ceased to be members of the police workforce;
- further detention order
has the same meaning as in Schedule 12 to the Sentencing Code (see paragraph 1 of that Schedule) and includes an order made under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 and a further detention order made by virtue of section 213 of the Armed Forces Act 2006;
- harm
includes physical, mental or emotional harm and economic loss;
- hate incident
means an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.
- health or social care authority
means a specified authority which is listed in the first column of the table headed “Health and social care” in Schedule 1;
- identification information
means— a the alleged offender’s name and date of birth, and b if the alleged offender is the holder of a licence, the licence number.”
- information
includes moving or still images and sounds;
- integrated care board
means a body established under section 14Z25 of the National Health Service Act 2006;
- involvement in terrorism-related activity
has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);” “• “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);” “• “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);”
- journalistic material
has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 13 of that Act);
- judge
means a Circuit judge, a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) or a District Judge (Magistrates’ Courts).
- justice
means— (a) a justice of the peace in England and Wales, (b) a sheriff or summary sheriff in Scotland, or (c) a lay magistrate in Northern Ireland;
- licence
means a licence under Chapter 6 of Part 12 of the Criminal Justice Act 2003.
- local authority
means— (a) in relation to England— (a) a county council, (b) a district council, (c) a London borough council, (d) the Common Council of the City of London in its capacity as a local authority, or (e) the Council of the Isles of Scilly;
- local government area
means—
- local health board
means a local health board established under section 11 of the National Health Service (Wales) Act 2006;
- maximum custodial period
means— a in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;
- members of the police workforce
means— (a) members of police forces in England and Wales, (b) special constables appointed under section 27 of the Police Act 1996, (c) staff appointed by the chief officer of police of a police force in England and Wales, (d) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002, (e) staff appointed by a local policing body if, or to the extent that, they are employed to assist a police force in England and Wales, (f) persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of a police force in England and Wales or a local policing body), to assist a police force in England and Wales in relation to the discharge of its chief officer’s functions, (g) constables of the British Transport Police Force, (h) special constables of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003, (i) employees of the British Transport Police Authority appointed under section 27 of that Act and under the direction and control of the chief constable of the British Transport Police
- memorial
means— a a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land), or b a garden or any other thing planted or grown on land, which has a commemorative purpose. 11B For the purposes of that paragraph, any moveable thing (such as a bunch of flowers) which— a is left in, on or at a memorial within the meaning of subsection (11A), and b has (or can reasonably be assumed to have) a commemorative purpose, is also to be regarded as a memorial. 11C For the purposes of subsections (11A) and (11B)— a references to a building or a structure include a reference to part of a building or part of a structure (as the ca
- necessary consultation
means consulting with the following about the terms and effects of the order— a the chief officer of police, and the local policing body, for the police area that includes the restricted area;
- necessary notification
means notifying the following of the extension, reduction, variation or discharge— a the parish council or community council (if any) for the area that includes the restricted area;
- occupier
means the person entitled to possession of the land by virtue of an estate or interest held by the person;
- offender
means— a in relation to a search under section 43C, the terrorist offender to whom the search relates;
- offensive conduct
means— (a) the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) the display of any writing, sign, or other visible representation that is threatening, abusive or insulting;
- offensive weapon
has the same meaning as in section 1(4) of the Prevention of Crime Act 1953;
- one-person protest
means a protest which, at any one time, is carried on by one person in a public place. 5 In this section “the senior police officer” means— a in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and b in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police. 6 For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. 7 For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if— a it may resu
- patient information
means personal information (however recorded) which relates to— (a) the physical or mental health or condition of an individual, (b) the diagnosis of an individual’s condition, or (c) an individual’s care or treatment, or is (to any extent) derived directly or indirectly from information relating to any of those matters;
- personal data
has the meaning given by section 3(2) of that Act;
- personal information
means information which is in a form that identifies any individual or enables any individual to be identified (either by itself or in combination with other information).
- police force
has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;
- policing body
means— (a) a local policing body, or (b) the British Transport Police Authority;
- pre-commencement application
means an application by a relevant young offender for a review of the minimum term that was made to the Secretary of State before the day on which this section comes into force;
- preliminary hearing
means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under— (a) section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or (b) section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases), • “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned
- prescribed
means prescribed, or of a description prescribed, in regulations under this section.
- prescribed person
means a person, or a person of a description, prescribed by regulations made by the Secretary of State. 3 In this section “unpaid work requirement” means an unpaid work requirement as defined by— a paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders), b paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or c paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders). 4 For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.”
- primary legislation
means—
- prison
includes any place where a person is liable to be detained;
- prison authority
means a person listed in the first column of the second table in Schedule 2;
- processing
has the meaning given by section 3(4) of that Act.
- prohibition on foreign travel
includes a prohibition on foreign travel within the meaning of Chapter 3 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (see sections 17 and 25 of that Act);
- promoting road safety
includes the prevention, detection or enforcement of offences relating to vehicles;
- psychoactive substance
has the meaning given by section 2(1) of the Psychoactive Substances Act 2016. 22B 1 A court may not impose a drug testing requirement unless the following conditions are met— a the misuse condition, and b the availability of arrangements condition. 2 The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance— a caused or contributed to the offence to which the order relates or an associated offence, or b is likely to cause or contribute to the commission of further offences by the offender. 3 The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangemen
- public place
means— (a) any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or (b) any other place to which people have ready access but which is not a dwelling;
- recording
means a recording on any medium— (a) of a single image, a moving image or any sound, or (b) from which a single image, a moving image or any sound may be produced or reproduced;
- registered social worker
means a person registered as a social worker in a register maintained by— (a) Social Work England, (b) the Care Council for Wales, (c) the Scottish Social Services Council, or (d) the Northern Ireland Social Care Council;
- Regulated football organisation
means an organisation (whether in the United Kingdom or elsewhere) which— a relates to association football, and b is a prescribed organisation or an organisation of a prescribed description.”
- relevant amendment
means paragraph 2(3)(a)(i) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which confines the application of section 300(2) of the 2003 Act to those over 18).
- relevant commencement date
means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. 6 An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. 7 Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.”
- relevant financial institution
means— (a) a bank, (b) a building society, (c) an electronic money institution, or (d) a payment institution.”
- relevant force
means— (a) if the premises specified in the application for the warrant are in England or Wales, the police force maintained for the police area in which those premises are situated, (b) if those premises are in Scotland, the Police Service of Scotland, or (c) if those premises are in Northern Ireland, the Police Service of Northern Ireland;
- relevant human remains
means the body or any other human remains of—
- relevant member of the House of Commons staff
has the meaning given by section 195(5) of that Act.”
- relevant member of the House of Lords staff
has the meaning given by section 194(6) of the Employment Rights Act 1996;
- relevant offence
means an act which— a constituted an offence under the law in force in the country concerned, and b would have constituted an offence listed in Schedule 3 (other than at paragraph 60) if it had been done in any part of the United Kingdom. 10 For the purposes of subsection (9)(a), an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law. 96ZB 1 Where the person (“P”) given a notice under section 96ZA is under 18 a constable may also give a notice (a “parental notice”) to a person (“the parent”) with parental responsibility for P. 2 Subsections (3)(b) to (5) of section 96ZA apply to the giving of a parental notice as if references to P were references to the parent. 3 If a parental notice has been given to the parent and has not been cancelled or ceased to have effect— a the obligations that would (apart from this subsection) be imposed by virtue of section 96ZA on P are to be treated instead as obligations on the parent, and b the parent must ensure that P attends with them at the police station when a notification under this Part is being given. 4 The parental notice
- relevant offender
means— a a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice Act 2003 applies (release of fixed-term prisoners);
- relevant officer
means a police officer of the rank of inspector or above.”
- relevant order
means— a a sexual harm prevention order, b a sexual offences prevention order, or c a foreign travel order. 3 An application may be made to the appropriate sheriff in Scotland— a by the defendant, or b by the chief constable, for an order varying, renewing or discharging the relevant order. 4 Subject to subsections (5) to (12), on the application the court, after hearing the person making the application and the other person mentioned in subsection (3) (if that person wishes to be heard), may make any order varying, renewing or discharging the relevant order that the appropriate sheriff considers appropriate. 5 In determining the application the court must have regard to— a the time for which the defendant is likely to remain in Scotland, and b whether— i in the case of a sexual harm prevention order, the defendant is likely to return to, or to visit, England and Wales, or ii in the case of a sexual offences prevention order or foreign travel order, the defendant is likely to return to, or to visit, Northern Ireland. 6 A sexual harm prevention order may be renewed, or varied under this section so as to impose additional prohibitions or requirements on the defendant
- relevant period
means— (a) in relation to a terrorist offender who has been released on licence under the law of England and Wales, the period of 6 hours beginning with the time of the arrest under this section;
- relevant person
means a person whose statutory functions relate to— (a) the prevention or detection of crime, or (b) other law enforcement purposes;
- relevant police area
has the same meaning as in section 103A (sexual harm prevention orders: applications and grounds) (see section 103A(9)).”
- relevant prisoner
means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.”
- Relevant property
means— a a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or b any other property that is on the relevant land. 3 The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made. 4 The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”). 5 But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized.
- relevant provision
means— a section 217A;
- relevant review partner
has the meaning given by section 25.
- relevant Scottish order
means— a a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), or b an interim sexual risk order made under section 31 of that Act.”
- relevant terrorist offence
means— a an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), b a service offence as respects which the corresponding civil offence is so specified, or c an offence which was determined to have a terrorist connection (see subsection (4G));
- relevant young offender
has the same meaning as in section 27A of the Crime (Sentences) Act 1997.
- relevant youth offending team
means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned, • “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of— (a) proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing, (b) sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or (c) determining— (a) how the offender has complied with a sentence given in respect of the offe
- religion
includes— (a) a religion which involves belief in more than one god, and (b) a religion which does not involve belief in a god. 3 This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21. 4 The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.”
- requisite custodial period
means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).”
- restricted release provision
means— (a) section 247A of the Criminal Justice Act 2003;
- review partner
means— (a) a chief officer of police for a police area in England or Wales, (b) a local authority, (c) an integrated care board, or (d) a local health board;
- school
has the meaning given by section 4 of the Education Act 1996.”
- search condition
means a condition requiring the offender to submit to a search of their person under this section;
- Secure accommodation
means accommodation that is provided for the purpose of restricting liberty. 6 The Secretary of State may grant approval under subsection (4) subject to conditions. 7 A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.”
- senior officer
means a police officer of the rank of superintendent or above. 47ZDB 1 This section applies in relation to a person if— a the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a), b that period has not ended, and c an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person. 2 The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date. 3 Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropria
- senior police officer
means a constable of the rank of superintendent or above.”
- sentence
includes any way in which a court has determined that the offender should be dealt with in respect of the offence,”
- sentencing hearing
means any hearing following conviction for an offence which is held for the purpose of— (a) proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing, (b) sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or (c) determining— (a) how the offender has complied with a sentence given in respect of the offence, or (b) how the offender should be dealt with in respect of compliance with such a sentence, and here “sentence” includes any way in which a court has determined that the offender should be dealt wit
- serious harm
means—
- serious injury
means— a in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and b in Scotland, severe physical injury.”
- serious terrorism sentence
means a sentence imposed under section 205ZA of the 1995 Act;”
- serious violence reduction order
means an order made in respect of an offender that imposes on the offender— a the requirements specified in subsections (2) and (4), and b the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section. 2 The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect. 3 That information is— a the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names, b the offender’s home address on that day, and c the address of any other premises at which, on that day, the offender regularly resides or stays. 4 The offender must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which the offender— a uses a name which has not been previously notified to the police in accordance with the order, b changes their home address, or c decides to live for a period of one month or more at any premises the address of which has n
- service offence
means an offence under— i section 42 of the Armed Forces Act 2006, ii section 70 of the Army Act 1955 or Air Force Act 1955, or iii section 42 of the Naval Discipline Act 1957, and b “corresponding offence” means— i in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
- sexual activity
includes— (a) any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and (b) conduct intended to lead to sexual activity.”
- sexual harm prevention order
includes a sexual harm prevention order made under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”
- sexual offence
means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty). 1B In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded. 1C References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence. 1D In considering whether violence in an area amounts
- sexual risk order
includes a sexual risk order made under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.”
- specified
means specified in regulations under section 208(1).
- specified authority
means a person listed in the first column of a table in Schedule 1.
- specified fixed penalty offence
means an offence specified under paragraph (7). 7 The Department of Justice may by regulations— a specify fixed penalty offences for the purposes of this Article;
- sport
includes— (a) any game in which physical skill is the predominant factor, and (b) any form of physical recreation which is also engaged in for purposes of competition or display;
- terrorist offender
has the same meaning as in section 43B. 10 A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom.”
- test and trace services
means— a in relation to England, services of the programme known as NHS Test and Trace;
- test certificate
has the same meaning as in Schedule 1 to the Road Traffic (New Drivers) Act 1995.”
- the 40-day period
means—
- the appropriate court
means— (a) where the defendant is aged 18 or over, an adult magistrates’ court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area;
- the appropriate sheriff
means— (a) in any case, a sheriff in whose sheriffdom the defendant resides, or (b) in a case where the application is made by the chief constable— (a) a sheriff in whose sheriffdom the defendant is believed by the chief constable to be, or (b) a sheriff to whose sheriffdom the defendant is believed by the chief constable to be intending to come;
- the Board
means the Parole Board;
- the chief constable
means the chief constable of the Police Service of Scotland;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the first appointed day
means the first day appointed by regulations under section 208(1) of the Police, Crime, Sentencing and Courts Act 2022 for the coming into force to any extent of section 165 of that Act. 15 In subsection (4) the references to the offence include references to any offence arising out of the same facts as the offence. 342B 1 In this Chapter, “serious violence reduction order” means an order made in respect of an offender that imposes on the offender— a the requirements specified in subsections (2) and (4), and b the requirements and prohibitions, if any, specified in regulations made by the Secretary of State for the purposes of this section. 2 The offender must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect. 3 That information is— a the offender’s name on the day that the notification is given and, where the offender uses one or more other names on that day, each of those names, b the offender’s home address on that day, and c the address of any other premises at which, on that day, the offender regularly resides or stays. 4 The offender must be require
- the fixed-term provisions
means Chapter 6 of Part 12 of the Criminal Justice Act 2003.”
- the Law Commission report on hate crime
means the Law Commission report “Hate Crime Laws” that was published on 7 December 2021.
- the life sentence provisions
means Chapter 2 of Part 2 of the 1997 Act.”
- the necessary consents
means the consent of— a the chief officer of police for the police area that includes the restricted area, and b a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy. 5 If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of— a the chief officer of police for the police area that includes the restricted area, and b a person authorised by the appropriate NHS authority. 6 In this section— • “appropriate authority” means— (a) in relation to a school maintained by a local authority, the governing body;
- the Parliamentary building works
has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019. 5 The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).”
- the relevant number
means— a in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and b in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days.”
- the relevant number of hours
means— a in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and b in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.”
- the relevant period
means— a in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and b in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.”
- the relevant YRO provisions
means—
- the requisite custodial period
means— a in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and b in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).”
- the senior police officer
means— a in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and b in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police. 6 For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. 7 For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if— a it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the
- time-sensitive product
means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them. 2C For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. 2D For the purposes of subsection (1)(ab)(i), the noise generated by persons taking pa
- traffic authority
has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).”
- transmission
means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).”
- United Kingdom national
means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act;
- United Kingdom resident
means an individual who is resident in the United Kingdom.
- unpaid work requirement
means an unpaid work requirement as defined by— a paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders), b paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or c paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders). 4 For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.”
- vehicle
includes— (a) any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, and (b) a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960. 9 For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere. 60D 1 If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable— a to belong to the person who the constable suspects has committed the offence (“P”);
- victim
has the meaning given by section 1 of the Victims and Prisoners Act 2024.
- victim information request
means a request by an authorised person to another person to provide information which relates to a third person who the authorised person has reason to believe is or may be—
- video recording
has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;
- voluntary organisation
means a body (other than a public authority) whose activities are not carried on for profit.
- witness statement
means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967. 7 This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.”
- youth custody authority
means a person listed in the first column of the third table in Schedule 2.