# The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2022

S.I. 2022/459 · made 19 April 2022

The Police, Crime, Sentencing and Courts Act 2022 (c. xx) will introduce a power for the police to search terrorist offenders released on licence where they are satisfied it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism, and where the offender has a search condition included in their licence.

Made under: Criminal Justice Act 2003 (Section 250, Section 330)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-sentencing-licence-conditions-amendment-order-2022/pdf/uksi_20220459_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/criminal-justice-sentencing-licence-conditions-amendment-order-2022/pdf/uksiem_20220459_en.pdf

## Introductory text

Criminal Law, England And Wales
Made 19th April 2022
Laid before Parliament 20th April 2022
Coming into force 11th May 2022
The Secretary of State makes the following Order in exercise of the powers conferred by sections 250(1), 250(4)(b)(ii) and 330(3) of the Criminal Justice Act 2003.
In making this Order, in accordance with section 250(8) of that Act, the Secretary of State has had regard to the following purposes of the supervision of offenders while on licence under Chapter 6 Part 12 of that Act –
(a) the protection of the public;
(b) the prevention of re-offending; and
(c) securing the successful re-integration of the prisoner into the community.

## 1 Citation, commencement and extent

(1) This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2022 and comes into force on the twenty-first day after the day on which it is laid.
(2) This Order extends to England and Wales.

## 2 Amendment to the Criminal Justice (Sentencing) (Licence Conditions) Order 2015

(1) The Criminal Justice (Sentencing) (Licence Conditions) Order 2015 is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation), after the definition of “offender”, insert—
““terrorist offender” has the same meaning as in section 43B(4)(a) of the Terrorism Act 2000.”.
(3) In article 7 (other types of licence conditions)—
(a) in paragraph (1), after “(2)”, insert “and (2A)”.
(b) after paragraph (2), insert—
“(2A) A search condition, meaning a condition requiring a terrorist offender to submit to a search of their person under section 43C of the Terrorism Act 2000.”

## Signature

Kit Malthouse
Minister of State
Ministry of Justice
19th April 2022

## Explanatory note

(This note is not part of the Order)
The Police, Crime, Sentencing and Courts Act 2022 (c. xx) will introduce a power for the police to search terrorist offenders released on licence where they are satisfied it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism, and where the offender has a search condition included in their licence.
This Order amends the list of types of other licence conditions in article 7 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2015 (S.I. 2015/337) (“the 2015 Order”) to provide for the inclusion of the search condition in the licences of released terrorist offenders.
Article 2(2) adds a new definition of “terrorist offender” to the 2015 Order. This includes those subject to release under section 247A of the Criminal Justice Act 2003 (c. 44), or, where the offender was sentenced in another part of the United Kingdom but transferred on an unrestricted basis to serve their licence period in England and Wales, section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) or article 20A of the Criminal Justice (Northern Ireland) Order 2008 (2008/1216). It also includes those who would have been subject to those provisions, but for the fact the offender has already been released on licence.
Article 2(3) adds the new search condition to article 7 of the 2015 Order.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2022/459 (the official version)
Page: https://openlegislation.uk/criminal-justice-sentencing-licence-conditions-amendment-order-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.