Police, Crime, Sentencing and Courts Act 2022 in Scotland
2022 c. 32 · Enacted 28 April 2022 · Extends to United Kingdom
An Act to make provision about the police and other emergency workers; to make provision about collaboration between authorities to prevent and reduce serious violence; to make provision about offensive weapons homicide reviews; to make provision for new offences and for the modification of existing offences; to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters; to make provision about the maintenance of public order; to make provision about the removal, storage and disposal of vehicles; to make provision in connection with driving offences; to make provision about cautions; to make provision about bail and remand; to make provision about sentencing, detention, release, management and rehabilitation of offenders; to make provision about secure 16 to 19 Academies; to make provision for and in connection with procedures before courts and tribunals; and for connected purposes.
[28th April 2022]
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:—
Contents
- Part 1: Protection of the police etc
- Police covenant report
- 1Police covenant report
- Special constables and Police Federations
- 4Special constables and Police Federations: amendments to the Police Act 1996
- Police driving standards
- 5Meaning of dangerous driving: constables etc
- 6Meaning of careless driving: constables etc
- 7Regulations relating to sections 5 and 6
- Part 2: Prevention, investigation and prosecution of crime
- Chapter 3: Extraction of information from electronic devices
- 37Extraction of information from electronic devices: investigations of crime etc
- 38Application of section 37 to children and adults without capacity
- 39Requirements for voluntary provision and agreement
- 40Application of section 37 where user has died etc
- 41Extraction of information from electronic devices: investigations of death
- 42Code of practice about the extraction of information
- 43Confidential information
- 44Authorised persons
- Chapter 3A: Requests for information relating to victims
- 44ARequests for information relating to victims
- 44BNotice requirements for victim information requests
- 44CContent of victim information requests
- 44DCode of practice
- 44EAuthorised persons
- 44FApplication of this Chapter to service police etc
- Chapter 4: Other provisions
- Overseas production orders
- 51Overseas production orders
- Search for material relating to human remains
- 56Special procedure for access to material relating to human remains
- 57Additional seizure powers
- Proceeds of crime
- 59Proceeds of crime: account freezing orders
- Offences relating to hares etc
- 62Increase in penalty for offences related to game etc
- Part 3: Public order
- Public processions and public assemblies
- 73Imposing conditions on public processions
- 74Imposing conditions on public assemblies
- 75Offences under sections 12 and 14 of the Public Order Act 1986
- Part 4: Unauthorised encampments
- 84Amendments to existing powers
- Part 5: Road traffic
- Road traffic offences
- 86Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties
- 87Causing serious injury by careless, or inconsiderate, driving
- 88Road traffic offences: minor and consequential amendments
- Courses offered as an alternative to prosecution
- 89Courses offered as alternative to prosecution: fees etc
- Surrender of driving licences
- 91Production of licence to the court
- 92Surrender of licence to Secretary of State where disqualified
- 93Removal of requirement to surrender licence where fixed penalty notice
- 94Removal of requirement to deliver up licence where conditional offer
- 95Surrender of licences and test certificates by new drivers
- 96Minor and consequential amendments
- Fixed penalty notices in Scotland
- 97Power to issue fixed penalty notices on-the-spot in Scotland
- Part 6: Cautions
- Supplementary Not yet in force
- 119Consequential amendments relating to Part 6 Not yet in force
- Part 7: Sentencing and release
- Chapter 1: Custodial sentences
- Penalties for offences involving children or vulnerable adults
- 122Penalty for cruelty to children
- Life sentences: time to be served
- 129Life sentence not fixed by law: minimum term
- Release on licence
- 132Power to refer high-risk offenders to Parole Board in place of automatic release
- 135Repeal of uncommenced provision for establishment of recall adjudicators
- Driving disqualification: extension in connection with custodial sentence
- 140Extension of driving disqualification where custodial sentence imposed: England and Wales
- 141Increase in driving disqualification periods under certain existing orders: England and Wales
- 142Extension of driving disqualification where custodial sentence imposed: Scotland
- 143Increase in driving disqualification periods under certain existing orders: Scotland
- Minor amendments
- 144Calculation of period before release or Parole Board referral where multiple sentences being served
- 145Application of release provisions to repatriated prisoners
- 148Application of provision about minimum terms to service offences
- Chapter 2: Community sentences
- Community and suspended sentence orders
- 152Removal of attendance centre requirements for adults
- Part 8: Youth justice
- Detention and training orders
- 160Detention and training orders: time to count as served
- Part 10: Management of offenders
- Chapter 3: Management of sex offenders
- Notification requirements
- 170Notification orders: Scotland
- Sexual harm prevention orders and sexual risk orders
- 177Positive requirements: further amendments
- 178Electronic monitoring requirements Not yet in force
- Orders made in different parts of the United Kingdom
- 180Enforcement of requirements of orders made in Scotland or Northern Ireland
- 182Orders superseding, or superseded by, Scottish orders
- 183Variation etc of order by court in another part of the United Kingdom
- Chapter 4: Management of terrorist offenders
- 184Terrorist offenders released on licence: arrest without warrant pending recall decision
- 185Power to search terrorist offenders released on licence
- 186Search of premises of offender released on licence for purposes connected with protection from risk of terrorism
- 187Powers of seizure and retention
- 188Sections 184 to 187: consequential provision
- Part 13: Procedures in courts and tribunals
- Transmission and recording of court and tribunal proceedings
- 198Remote observation and recording of court and tribunal proceedings
- 199Offence of recording or transmission in relation to remote proceedings
- 200Expansion of use of video and audio links in criminal proceedings
- 201Repeal of temporary provision
- 202Expedited procedure for initial regulations about remote observation of proceedings
- Part 14: Final provisions
- 203Financial provision
- 205Power to make consequential provision
- 206Power to state effect in Sentencing Act 2020 of commencement of amendments made by this Act
- 207Extent
- 208Commencement
- 209Short title
- Schedule 3: Extraction of information from electronic devices: authorised persons
- 1Authorised persons in relation to all purposes within section 37 or 41
- 2Authorised persons in relation to all purposes within section 37
- 3Authorised persons in relation to the prevention of crime etc only
- Schedule 5: Overseas production orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 8: Road traffic offences: minor and consequential amendments
- 1Road Traffic Act 1988 (c. 52)
- 2Road Traffic Offenders Act 1988 (c. 55)
- 3Crime (International Co-operation) Act 2003 (c. 32)
- 4Armed Forces Act 2006 (c. 52)
- Schedule 9: Surrender of licences and test certificates by new drivers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 10: Surrender of licences: minor and consequential amendments
- Part 1: Amendments to the Road Traffic Offenders Act 1988
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 2: Amendments to other Acts
- 20Road Traffic Act 1988 (c. 52)
- 21Road Traffic Act 1988 (c. 52)
- 22Road Traffic Act 1988 (c. 52)
- 23Road Traffic Act 1988 (c. 52)
- 24Road Traffic Act 1988 (c. 52)
- 25Crime (International Co-operation) Act 2003 (c. 32)
- Part 3: Consequential repeals of amending enactments
- 26Road Traffic (New Drivers) Act 1995 (c. 13)
- 27Access to Justice Act 1999 (c. 22)
- 28Police Reform Act 2002 (c. 30)
- 29Courts Act 2003 (c. 39)
- 30Road Safety Act 2006 (c. 49)
- 31Road Safety Act 2006 (c. 49)
- 32Road Safety Act 2006 (c. 49)
- 33Road Safety Act 2006 (c. 49)
- 34Road Safety Act 2006 (c. 49)
- 35Criminal Justice and Courts Act 2015 (c. 2)
- Schedule 11: Cautions: consequential amendments Not yet in force
- 31Criminal Justice Act 2003 (c. 44) Not yet in force
- Schedule 12: Minimum sentences for particular offences: consequential amendments
- 2Armed Forces Act 2006 (c. 52)
- 3Armed Forces Act 2006 (c. 52)
- 4Armed Forces Act 2006 (c. 52)
- 5Armed Forces Act 2006 (c. 52)
- 6Armed Forces Act 2006 (c. 52)
- 7Armed Forces Act 2006 (c. 52)
- 8Armed Forces Act 2006 (c. 52)
- 9Armed Forces Act 2006 (c. 52)
- Schedule 13: Removal of attendance centre requirements for adults: related amendments
- 8Sentencing Code
- 9Sentencing Code
- 10Sentencing Code
- Schedule 16: Detention and training orders: time to count as served
- Part 2: Detention and training orders made under Armed Forces Act 2006
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 18: Variation etc of order by court in another part of the United Kingdom
- Part 2: Variation of order by court in Scotland
- 4Amendments of the Sexual Offences Act 2003 (c. 42)
- 5Amendments of the Sentencing Code
- Part 3: Variation of order by court in England and Wales
- 6Paragraph 6
- Schedule 19: Management of terrorist offenders: provision consequential on sections 184 to 187
- 2Criminal Justice and Police Act 2001 (c. 16)
- 3Counter-Terrorism Act 2008 (c. 28)
- 5Criminal Justice (Scotland) Act 2016 (asp 1)
- Schedule 20: Further provision about video and audio links in criminal proceedings
- 2Extradition Act 2003
- 3Consequential amendments of other enactments
- 7Paragraph 7
- Schedule 21: Minor amendments in relation to the sentencing consolidation
- Part 1: Amendments to the Sentencing Act 2020
- 1Paragraph 1
- 6Paragraph 6