- activity requirement
means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1(4));
- advisory list
means—
- amend
includes repeal and apply (with or without modifications);
- anti-social behaviour
means— (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or (b) housing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);”
- applicable maximum amount
means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;
- appropriate authority
means— a where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made;
- appropriate national authority
means the Secretary of State, subject as follows.
- appropriate officer
has the same meaning as in section 41A.”
- armed forces provision
means—
- Article
includes information in electronic form.
- authorised firearms officer
means—
- authorised person
has the meaning given in section 71A;
- barred list
has the meaning given by section 205(8);
- barred person
has the meaning given by section 205(9);
- barred persons list
means a list maintained by a relevant policing authority under paragraph 1(1);
- body
means a body corporate, a partnership or an unincorporated association other than a partnership;
- body corporate
includes a body incorporated outside the United Kingdom but does not include— (a) a corporation sole, or (b) a partnership that (whether or not a legal person) is not regarded as a body corporate under the law by which it is governed;
- British Transport Police advisory list
means the advisory list maintained by the British Transport Police Authority under Part 2 of Schedule 25;
- British Transport Police barred list
means the barred persons list maintained by the British Transport Police Authority under Part 1 of Schedule 25;
- chief officer
means— (a) the chief officer of police of a police force maintained by a local policing body, (b) the Chief Constable of the British Transport Police Force, or (c) the chief constable of the Ministry of Defence Police;
- chief officer of police
has the same meaning as in the Police Act 1996 (see section 101(1) of that Act);
- child
includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
- child cruelty offence
means an offence listed in Schedule 24.
- Child cruelty offender
means a person who, in England and Wales— on or after the day on which the regulations come into force.
- child sexual abuse image
means— (a) in relation to England and Wales and Northern Ireland, an indecent photograph or pseudo-photograph of a child or a prohibited image of a child;
- Civil Nuclear Constabulary advisory list
means the advisory list maintained by the Civil Nuclear Police Authority under Part 2 of Schedule 25;
- Civil Nuclear Constabulary barred list
means the barred persons list maintained by the Civil Nuclear Police Authority under Part 1 of Schedule 25;
- civilian employee
has the meaning given by paragraph 3(3);
- compensatable loss
means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;
- compensation order
means an order under— (a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or (b) Chapter 2 of Part 7 of the Sentencing Code.”
- compliance order
means an order made under section 13A. 67I 1 If the Crown Court makes an order under section 21, 22 or 23 varying a confiscation order, the prosecutor may appeal to the Court of Appeal in respect of the order. 2 For the defendant’s right of appeal where the Crown Court makes an order under section 21 or 22, see section 50(1)(cb) of the Criminal Appeal Act 1968 (the effect of which is that, for the purposes of the appeal rights conferred by that Act, any such order forms part of the defendant’s sentence). 3 On an appeal under subsection (1) the Court of Appeal— a may confirm, vary or quash the order concerned, and b if it quashes the order, may direct the Crown Court to proceed afresh under section 21, 22 or 23. 4 An appeal lies to the Supreme Court from a decision of the Court of Appeal on an appeal under this section, at the instance of the defendant or the prosecutor. 5 On an appeal from a decision of the Court of Appeal to confirm or vary the order concerned the Supreme Court may confirm, vary or quash the order. 6 On an appeal from a decision of the Court of Appeal to quash the order concerned the Supreme Court may— a confirm the decision of the Court of Appe
- confidential information
means information which constitutes or may constitute—
- constable
includes a person who has the powers of a constable.
- conventional round
means any shot, bullet or other missile, other than one designed to be used without its use giving rise to a substantial risk of causing death or serious injury;
- criminal conduct
means— (a) a criminal offence, or (b) anything done outside England and Wales which would constitute a criminal offence if done in England or Wales;
- defendant
has the same meaning as in section 50;
- driver licensing information
means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988. 71A 1 In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section. 2 In the table— • “member of civilian police staff” means a person who is not a constable but who— (a) is— (a) employed, or engaged to provide services, for the purposes of a body of constables, and (b) under the direction and control of a person who has the direction and control of a body of constables, or (b) is under the direction and control of the chief constable of the Ministry of Defence Police;
- Dwelling
has the meaning given by section 8 of the Public Order Act 1986.
- electronic device
means any article on which information is capable of being stored in electronic form, and includes any component of such an article;
- engaging in child criminal exploitation
has the meaning given by section 50 (and related expressions are to be construed accordingly).
- fraudulent advertisement
has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service;
- GCHQ
has the meaning given by section 3 of the Intelligence Services Act 1994. 4 It is a defence for a person charged with an offence under section 66I to prove that the person— a was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and b did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. 5 In subsection (4)— a “OFCOM” means the Office of Communications;
- generator of purported intimate images
has the same meaning as in section 66I;
- harm
includes serious ill-treatment or abuse, whether physical or not;
- home address
means— a the address of the offender’s sole or main residence in the United Kingdom, or b where the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found and, if there is more than one such place, such one of those places as the offender may select. 9 In determining the period of three days mentioned in subsection (2) or (4), no account is to be taken of any time when the offender is— a lawfully detained or otherwise lawfully deprived of their liberty, in the United Kingdom, or b outside the United Kingdom. 358D 1 For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the offender. 2 It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with. 3 The court may adjourn any proceedings relating to the making of a CCE prevention order. 4 If the offender does not appear for any adjourned proceedings, the court may— a further adjourn the proceedings, b issue a warrant for the offender’s arrest, or c hear the proceedings in the
- housing accommodation
includes— a flats, lodging-houses and hostels;
- housing injunction
means an injunction under section 1A;” “• “housing-related anti-social conduct” has the meaning given by section 2;” “• “respect order” means an order under section A1;” “• “youth injunction” means an injunction under section 1.”
- housing provider
means— (a) a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985) that is a charity, (b) a housing action trust established under section 62 of the Housing Act 1988, (c) in relation to England, a non-profit private registered provider of social housing, (d) in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996, or (e) any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;
- housing-related anti-social conduct
has the meaning given by section 2;” “• “respect order” means an order under section A1;” “• “youth injunction” means an injunction under section 1.”
- illegal AI-generated content
means illegal content that is AI-generated;
- illegal content
has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded;
- image
has the same meaning as in section 63. 6 Proceedings for an offence under this section may not be instituted— a in England and Wales, except by or with the consent of the Director of Public Prosecutions;
- Internet access service
means a service that provides access to virtually all (or just some) end points of the internet.
- internet service provider
means a provider of— (a) a service that is made available by means of the internet, or (b) a service that provides access to the internet;
- Intimate image content
means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent).”
- intimate image information
means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content.
- Intimate image material
means material which—
- justice
means— (a) in England and Wales, a justice of the peace;
- law enforcement employer
means—
- law enforcement functions
means functions of a public nature that relate to policing or law enforcement.
- law enforcement purposes
means the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against, and the prevention of, threats to public security.
- lethal barrelled weapon
has the meaning given by section 57(1B) of the Firearms Act 1968;
- local authority
means— (a) in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- member of civilian police staff
means a person who is not a constable but who— (a) is— (a) employed, or engaged to provide services, for the purposes of a body of constables, and (b) under the direction and control of a person who has the direction and control of a body of constables, or (b) is under the direction and control of the chief constable of the Ministry of Defence Police;
- member of the armed forces
means a person who is subject to service law (see section 367 of the Armed Forces Act 2006);
- memorial
means 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) which has a commemorative purpose.
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975.
- Ministry of Defence Police advisory list
means the advisory list maintained by the Secretary of State under Part 2 of Schedule 25;
- Ministry of Defence Police barred list
means the barred persons list maintained by the Secretary of State under Part 1 of Schedule 25;
- misuse
has the same meaning as in the Misuse of Drugs Act 1971;
- National Crime Agency advisory list
means the advisory list maintained by the Director General of the National Crime Agency under Part 2 of Schedule 25;
- National Crime Agency barred list
means the barred persons list maintained by the Director General of the National Crime Agency under Part 1 of Schedule 25.
- nephew
means the child of a person’s brother or sister, and “niece” has a corresponding meaning. 9 In subsection (3), “step-parent”, “stepbrother”, “stepsister” and “foster parent” have the meanings given by section 27(5) of the Sexual Offences Act 2003;
- non-consensual harm
has the same meaning as in section 66. 67G 1 A person who commits an offence under section 67E(1) is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
- Northern Ireland authorised persons
means authorised persons who— a are under the direction and control of— i the Chief Constable of the Police Service of Northern Ireland, ii the Belfast Harbour Commissioners, or iii Belfast International Airport Limited, or b are officers of the Police Ombudsman for Northern Ireland. 9 In this section— • “authorised person” has the meaning given in section 71A;
- notification requirements
means requirements imposed by regulations under section 193;
- OFCOM
means the Office of Communications;
- Official residence
means—
- on-notice hearing
means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;
- one-person protest
has the meaning given by section 14ZA(4) of the Public Order Act 1986;
- online safety functions
has the meaning given by section 235 of the Online Safety Act 2023. 66K 1 An internet service provider does not commit an offence under section 66I by— a providing access to a communication network, or b transmitting, in a communication network, information provided by a user, if the provider does not— i initiate the transmission, ii select the recipient of the transmission, or iii select or modify the information contained in the transmission. 2 The references in subsection (1) to providing access to, or transmitting information in, a communication network include storing the information transmitted so far as the storage— a is automatic, intermediate and transient, b is solely for the purpose of carrying out the transmission in the network, and c is for no longer than is reasonably necessary for the transmission. 3 An internet service provider does not commit an offence under section 66I by storing information provided by a user for transmission in a communication network if— a the storage of the information— i is automatic, intermediate and temporary, and ii is solely for the purpose of making more efficient the onward transmission of the information to
- parent
includes an adoptive parent;
- partnership
means— (a) a partnership within the meaning of the Partnership Act 1890, (b) a limited partnership registered under the Limited Partnerships Act 1907, or (c) a firm or other entity of a similar character to one within paragraph (a) or (b) formed under the law of a country or territory outside the United Kingdom;
- payment card
means a credit card, a charge card, a prepaid card or a debit card;
- police information
means, in relation to a chief officer, information held by the police force in question;
- pre-commencement interim application
means an application, made by the enforcement authority before the commencement day, for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order (including such an application made in relation to proceedings for a recovery order that are started on or after the commencement day).
- premises
includes any place and, in particular, includes— (a) any vehicle, vessel or aircraft;
- primary legislation
has the meaning given by section 252;
- priority illegal content
has the same meaning as in Part 3 (see section 59);
- priority offence
has the same meaning as in Part 3 (see section 59);
- prohibited image of a child
has the same meaning as in Chapter 2 of Part 2 of the Coroners and Justice Act 2009.”
- Prohibited material
means anything in relation to which a relevant offence may be committed.
- protected material
means—
- public assembly
has the meaning given by section 16 of that Act;
- Public office-holder
means—
- public place
has the meaning given by that section;
- public procession
has the meaning given by that section.
- publication
has the same meaning as in Part 2 of the Youth Justice and Criminal Evidence Act 1999 (see section 63 of that Act);
- pyrotechnic article
means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
- qualifying offence
has the meaning given by section 200(2);
- registered social housing provider
(or “RSH provider”) means— (a) in relation to England, a registered provider of social housing;
- regulations
means regulations under any provision of this Act except section 255.
- Relevant accessory
means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm.”
- Relevant authority
means— a a local authority, b a housing provider, c the chief officer of police for a police area, d the chief constable of the British Transport Police Force, e Transport for London, f Transport for Greater Manchester, g the Environment Agency, h the Natural Resources Body for Wales, i the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or j the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person. 3 In subsection (2) “security management functions” means— a the Secretary of State’s security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;
- relevant chief officer
means— (a) in relation to a police force in England and Wales, the chief officer of police of that police force;
- relevant conduct
means— a in relation to a youth injunction, anti-social behaviour;
- relevant court
means— (a) in the case of a decision of a magistrates’ court, the Crown Court;
- relevant cumulative disruption
means the cumulative disruption to the life of the community resulting from— a the assembly, b any other public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1A) in relation to that other assembly), and c any public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions h
- relevant evidence
means evidence that any of the following has been committed— (a) an offence under any of sections 151 to 155;
- relevant offence
means—
- Relevant officer
means—
- relevant person
means— (a) the person who made the application to which the decision relates, (b) the defendant, (c) the chief officer of police for the police area in which the defendant lives, or (d) a chief officer of police who believes that the defendant is in, or is intending to come to, the chief officer’s police area.
- relevant police force
has the meaning given by paragraph 2(3);
- relevant policing authority
means—
- relevant premises
means any land and buildings used for the purposes of, or in connection with— a a prison within the meaning of the Prison Act 1952;
- relevant proceedings
means— (a) proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, (b) proceedings under Schedule 2 to that Act, or (c) proceedings for contempt of court;
- relevant proceedings under this Chapter
means any proceedings under this Chapter except proceedings relating to an offence under section 358G or 358H. 358J 1 In this Chapter— • “CCE prevention order” means an order under section 358B;
- relevant Provost Marshal
means— (a) in relation to a member of a service police force— (a) the Provost Marshal of that service police force, or (b) in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime;
- relevant realisable property
has the same meaning as in section 40.”
- relevant sexual offence
means an offence listed in Schedule 3 to the Sexual Offences Act 2003.
- relevant victim
means a person— (a) whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct— (a) of the person mentioned in sub-paragraph (1)(b), and (b) to which the report relates, and (b) to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).”
- respect order
means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;”
- respondent
has the meaning given by section A1(1). 2 A person’s age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.”
- security management functions
means— a the Secretary of State’s security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;
- senior officer
has the meaning given by paragraph 19.
- service court
means— (a) the Court Martial, or (b) the Court Martial Appeal Court.
- service police force
has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act). 71B 1 The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71. 2 The code may make different provision for different purposes or different areas. 3 In preparing a code of practice, the Secretary of State must consult— a the Scottish Ministers, b the Department of Justice in Northern Ireland, and c such other persons as the Secretary of State considers appropriate. 4 The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force. 5 The Secretary of State may revise a code of practice issued under this section;
- specified
means specified in the regulations.”
- specified child sex offence
means— a an offence within any of subsections (5) to (7), or b an inchoate offence in relation to any such offence. 5 An offence is within this subsection if it is— a an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child), b an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child), c an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13), d an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16), e an offence under any of sections 9 to 12 of th
- specified controlled drug
means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument;
- specified law enforcement employer
means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);
- specified law enforcement functions
means the law enforcement functions in relation to the exercise of which the person is specified.
- specified memorial
means—
- supervisor
has the meaning given by section D1(1).
- Technology testing activities
means activities which are carried out in the course of, or in connection with, testing technology for the purposes of—
- terrorism
has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).”
- the appropriate chief officer of police
means— a the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or b if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform.
- the commencement day
means the day on which Schedule 1 comes into force.
- the court
means the court that made the order. 3 The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect. 4 If an application under this section is dismissed, the party who made the dismissed application may make no further application under this section without— a the consent of the court, or b the agreement of the other party. 5 Section D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order.
- the maximum term for summary offences
means—
- the relevant period
means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination;
- thing
includes a program, information in electronic form and a service. 66J 1 It is a defence for a person charged with an offence under section 66I to prove that the person did the act which constituted the offence for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world. 2 It is a defence for a person charged with an offence under section 66I to prove that the person— a was a member of the Security Service, the Secret Intelligence Service or GCHQ (a “security body”), and b did the act which constituted the offence for the purposes of the exercise of any function of the security body. 3 “GCHQ” has the meaning given by section 3 of the Intelligence Services Act 1994. 4 It is a defence for a person charged with an offence under section 66I to prove that the person— a was a member of OFCOM, was employed or engaged by OFCOM, or assisted OFCOM in the exercise of any of its online safety functions, and b did the act which constituted the offence for the purposes of OFCOM’s exercise of any of its online safety functions. 5 In subsection (4)— a “OFCOM” means the Office of Communications;
- transferred provision
means provision that—
- trigger offence
means an offence specified in Schedule 2B. 7 In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B. 8 The Secretary of State may by regulations made by statutory instrument amend Schedule 2B. 9 Regulations under this section— a may make different provision for different purposes or different areas, and b may make transitional, transitory or saving provision. 10 A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 11 Any other statutory instrument containing regulatio
- uncle
means the brother of a person’s parent, and “aunt” has a corresponding meaning;
- undertaking
has the meaning given by section 1161(1) of the Companies Act 2006.”
- vagina
includes vulva;
- vessel
includes— (a) any ship or boat or any other description of vessel used in navigation, and (b) any hovercraft, submersible craft or other floating craft, but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.
- without-notice application
means an application made without notice under section E1.
- working day
means any day other than— a Saturday or Sunday, b Christmas Day or Good Friday, or c a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.”
- youth injunction
means an injunction under section 1.”