Schedule 1 Insertion of Schedule 3 (listed offences) in the Police (Conduct) Regulations 2020

“Schedule 3

Listed offences

Regulation 11C

1

An offence under section 160 of the Criminal Justice Act 1988^f1 (possession of indecent photograph of child).

2

An offence under section 63CA of the Family Law Act 1996 (forced marriage: offence of breaching order)^f2.

3

An offence under either of the following provisions of the Protection from Harassment Act 1997^f3—

(a)

section 2A (offence of stalking)^f4;

(b)

section 4A (offence of stalking involving fear of violence or serious alarm or distress)^f5.

4

An offence under the Female Genital Mutilation Act 2003^f6.

5

An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)

Part 1 (sexual offences)^f7;

(b)

section 103I (offence: breach of SHPO or interim SHPO etc.)^f8;

(c)

section 122H (offence: breach of sexual risk order or interim sexual risk order etc.)^f9;

(d)

Schedule 3 (sexual offences for the purposes of Part 2)^f10.

6

An offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014^f11 (offence of forced marriage: England and Wales).

7

An offence under any of the following provisions of the Criminal Justice and Courts Act 2015^f12—

(a)

section 33 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress), as in force before it was repealed by section 190 of the Online Safety Act 2023^f13;

(b)

section 36 (meeting a child following sexual grooming etc.);

(c)

section 37 (possession of pornographic images of rape and assault by penetration respectively).

8

An offence under Part 5 of the Serious Crime Act 2015^f14 (protection of children and others).

9

An offence under section 8 of the Stalking Protection Act 2019^f15 (offence of breaching stalking protection order etc.).

10

An offence under either of the following provisions of the Domestic Abuse Act 2021—

(a)

section 39 (breach of a domestic abuse protection order)^f16;

(b)

section 69 (threats to disclose private sexual photographs)^f17.”.

Annotations

Footnotes

f1: 1988 c. 33. Section 160 was amended by sections 84(4)(a) and (b), 86(1) and 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994, section 41(3)(a) and (b) of the Criminal Justice and Court Services Act 2000 and paragraph 24 of Schedule 26 to the Criminal Justice and Immigration Act 2008.
f2: 1996 c. 27. Section 63CA was inserted by section 120(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f3: 1997 c. 40.
f4: Section 2A was inserted by section 111(1) of the Protection of Freedoms Act 2012 (c. 6).
f5: Section 4A was inserted by section 111(2) of the Protection of Freedoms Act 2012 and amended by section 175(1)(b) of the Policing and Crime Act 2017 and S.I. 2022/500 and 2023/149.
f6: 2003 c. 31. Relevant amendments were made by sections 70(1) and 72(2) and (3) of the Serious Crime Act 2015 (c. 9).
f7: 2003 c. 42. Relevant amendments to Part 1 were made by paragraph 18 of Schedule 3 to the Children Act 2004 (c. 31), paragraphs 173(2) to (4), 174(2) to (4) and 175(2) to (4) of Schedule 27 to the Civil Partnership Act 2004 (c. 33), paragraph 2 of Schedule 4 to the Violent Crime Reduction Act 2006 (c. 38), section 72(1) of, and paragraphs 1, 3, 4, 5(2) to (5), 6(2) to (5) of Schedule 15 to, the Criminal Justice and Immigration Act 2008 (c. 4), paragraphs 15 and 16 of Schedule 1 to the Children and Young Persons Act 2008 (c. 23), paragraph 81 of Schedule 1 to the Education and Skills Act 2008 (c. 25), section 14 and paragraph 24(a) and (d) of Schedule 7 to the Policing and Crime Act 2009 (c. 3), paragraph 117(b) of Schedule 5 to the Health and Social Care Act 2012 (c. 7), section 109(2) to (5) of the Protection of Freedoms Act 2012 (c. 9), section 6(1) of the Criminal Justice Act (Northern Ireland) 2013 (c. 7), section 36(1) of the Criminal Justice and Courts Act 2015 (c. 2), Schedule 5 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), sections 67, 68(3)(a) and (b), (4)(a) and (b), (5)(a) and (b), (6)(a) and (b) and 88(1) of, and paragraph 63 of Schedule 4 to, the Serious Crime Act 2015, paragraph (5)(2) of Schedule 5 to the Modern Slavery Act 2015 (c. 30), section 176 of the Policing and Crime Act 2017 (c. 3), section 1(2) and (3) of the Voyeurism (Offences) Act 2019 (c. 2), paragraph 2(2)(a) to (c) of the Domestic Abuse Act 2021 (c. 17), sections 46(2) and (3), 47(2) and 48(2) to (4) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32), sections 187 and 188 of, and paragraph 16(2) of Schedule 14 to, the Online Safety Act 2023 (c. 50), S.I. 2008/1769 (N.I. 2) and S.I. 2007/961, 2008/1779, 2010/813, 2011/1045, 2016/413, 2018/195, 2019/772, 2022/500 and 2023/149.
f8: Section 103I was inserted by paragraph 2 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and amended by sections 175(13) and 180(2) of the Police, Crime, Sentencing and Courts Act 2022.
f9: Section 122H was inserted by paragraph 4 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014 and amended by sections 176(6) and 180(5) of the Police, Crime, Sentencing and Courts Act 2022.
f10: Relevant amendments to Schedule 3 were made by paragraph 3(a) to (c) of the Schedule to the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), paragraph 212(2)(b) and (3) of Schedule 16 and Schedule 17 to the Armed Forces Act 2006 (c. 52), paragraph 4(2) of Schedule 5 and paragraph 63(2) of Schedule 6 to the Serious Crime Act 2007 (c. 27), paragraph 58(2) and (3) to Schedule 26 to the Criminal Justice and Immigration Act 2008, paragraph 5 of Schedule 5 and Schedule 6 to the Sexual Offences (Scotland) Act 2009 (asp 9), section 117(1) of, and paragraph 62(2) to (5) of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25), sections 41(3)(a) and (b) and 42(3) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), paragraph 66(2) to (4) of Schedule 4 to the Serious Crime Act 2015, section 4(2) of, and paragraph 4 of Schedule 1 and paragraph 8(a) and (b) of Schedule 2 to, the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19), section 1(4) of the Voyeurism (Offences) Act 2019, paragraph 216 of Schedule 24 to the Sentencing Act 2020 (c. 17), paragraph 16(4) of Schedule 14 to the Online Safety Act 2023, S.I. 2007/296, 2008/1779 and 2011/2298 and S.S.I. 2010/421.
f11: 2014 c. 12. Section 121 was amended by section 2 of the Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28) and S.I. 2022/500 and 2023/149.
f12: 2015 c. 2.
f13: 2023 c. 50. Section 33 was repealed with effect from 31st January 2024 (see S.I. 2024/31).
f14: 2015 c. 9. Relevant amendments were made by sections 68 and 70(1) of the Domestic Abuse Act 2021 (c. 17) and S.I. 2016/244, 2022/500 and 2023/149.
f15: 2019 c. 9. Section 8 was amended by paragraph 298 of Schedule 24 to the Sentencing Act 2020 (c. 17) and S.I. 2020/500 and 2023/149.
f16: Section 39 was amended by S.I. 2020/500 and 2023/149.
f17: Section 69 was amended by paragraph 23(2) of Schedule 14 to the Online Safety Act 2023 (c. 50).