POLICE, CRIME, SENTENCING AND COURTS BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Police, Crime, Sentencing and Courts Bill as introduced in the House of Commons on 12 May 2021 (Bill 5). • These Explanatory Notes have been provided by the Home Office, Ministry of Justice and Department for Transport in order to assist the reader. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. Bill 5–EN 58/2 Table of Contents Subject Page of these Notes Overview of the Bill 7 Policy background 10 Police Covenant 10 Assaults on emergency workers 10 Special constables – Police Federation membership 11 Police driving standards 11 Serious violence duty 12 Homicide reviews 13 Extraction of information from digital devices for purposes of a criminal investigation etc 13 Pre-charge bail 14 Extending the offence of arranging or facilitating the commission of a child sex offence 14 Positions of trust 15 Criminal damage to memorials 15 Amendments to the Crime (Overseas Production Orders) Act 2019 15 Functions of prisoner custody officers in relation to live link hearings 16 Police powers to tackle non-violent protests 16 Unauthorised encampments 17 Road traffic 18 Road traffic offences 18 Courses offered as an alternative to prosecution 19 Charges for removal, storage and disposal of vehicles 19 Surrender of driving licences 19 Fixed penalty notices for certain road traffic offences - Scotland 20 Cautions 20 Custodial Sentences 21 Minimum sentences for particular offences 21 Life Sentences: time to be served 21 Whole life order as a starting point for premeditated child murder 21 Whole life orders for young adult offenders in exceptional cases 22 Starting points for murder committed when under 18 22 Life sentence not fixed by law: minimum term 22 Release on licence 22 Abolishing automatic halfway release for certain serious offenders 23 Power to refer high-risk offenders to the Parole Board in place of automatic release 23 Increase in requisite custodial period for certain other offenders of particular concern 24 Power to make provision for reconsideration and setting aside of Parole Board decisions 24 Responsibility for setting licence conditions for fixed-term prisoners 24 Repeal of uncommenced provision for establishment of recall adjudicators 25 Release at direction of Parole Board after recall: fixed-term prisoners 25 Power to change test for release of fixed-term prisoners following recall 25 Release at direction of Parole Board: timing 26 Driver disqualification 26 Sentences and offences in respect of which polygraph condition may be imposed 26 These Explanatory Notes relate to the Police, Crime, Sentencing and Courts Bill as introduced in the House of Commons on 12 May 2021 (Bill 5) 1 Minor amendments to do with weapons-related offences 27 Application of various provisions to service offences 27 Community Sentences 27 Strengthening supervision powers for probation practitioners 27 Increases in maximum daily curfew hours and curfew requirement period 27 Removal of attendance centre requirements for adults 28 Problem-Solving Courts 28 Unpaid Work consultation duty 29 Youth Justice 29 Remand 29 Detention and Training Orders 30 Youth Rehabilitation Orders 30 Abolition of Reparation Orders 31 Secure Schools and Secure Children’s Homes 31 Temporary Release from Secure Children’s Homes 31 Secure 16 to 19 Academies 31 Serious Violence Reduction Orders 31 Management of sex offenders 32 Management of terrorist offenders 33 Rehabilitation of Offenders 34 Procedures in Courts and Tribunals 34 British Sign Language interpreters for deaf jurors 34 Transmission and recording of court and tribunal proceedings 35 Legal background 35 Territorial extent and application 39 Extent in the Channel Islands, Isle of Man and British Overseas Territories 40 Commentary on provisions of the Bill 41 Part 1: Protection of the police etc. 41 Clause 1: Police covenant report 41 Clause 2: Increase in penalty for assault on emergency worker 42 Clause 3: Special constables and Police Federations: amendments to the Police Act 1996 42 Clause 4: Meaning of dangerous driving: constables etc. 43 Clause 5: Meaning of careless driving: constables etc 43 Clause 6: Regulations relating to sections 4 and 5 44 Part 2: Prevention, investigation and prosecution of crime 44 Chapter 1: Functions relating to serious violence 44 Clause 7: Duties to collaborate and plan to prevent and reduce serious violence 44 Clause 8: Powers to collaborate and plan to prevent and reduce serious violence 45 Clause 9: Power to authorise collaboration etc. with other persons 45 Clause 10 and Schedule 1: Specified authorities and local government areas 46 Clause 11 and Schedule 2: Educational, prison and youth custody authorities 46 Clause 12: Preventing and reducing serious violence 46 Clause 13: Involvement of local policing bodies 47 Clause 15: Disclosure of information 48 Clause 16: Supply of information to local policing bodies 48 Clause 17: Directions 49 Clause 18: Guidance 49 Clause 19: Amendments of the Crime and Disorder Act 1998 49 These Explanatory Notes relate to the Police, Crime, Sentencing and Courts Bill as introduced in the House of Commons on 12 May 2021 (Bill 5) 2 Clause 20: Amendment to the Police and Justice Act 2006 50 Clause 21: Regulations 51 Clause 22: Index of defined expressions 51 Chapter 2: Offensive Weapons Homicide Reviews 51 Clause 23: Duty to arrange a review 51 Clause 24: Relevant review partners 52 Clause 25: Relationship with other review requirements 52 Clause 26: Notification of Secretary of State 52 Clause 27: Conduct of review 53 Clause 28: Information 53 Clause 30: Delegating functions 54 Clause 31: Guidance 54 Clause 32: Power to pay grant: local health boards 54 Clause 33: Piloting 55 Clause 34: Regulations 55 Clause 35: Interpretation 55 Chapter 3: Extraction of information from electronic devices 55 Clause 36: Extraction of information from electronic devices: investigations of crime etc. 55 Clause 37: Application of section 36 to children and adults without capacity 56 Clause 38: Application of section 36 where user has died etc. 57 Clause 39: Extraction of information from electronic devices: investigations of death 57 Clause 40: Code of practice about the extraction of information 57 Clause 41: Regulations about the extraction of confidential information 58 Clause 42 and Schedule 3: Authorised persons 58 Chapter 4: Other provisions 58 Clause 43 and Schedule 4: Pre-charge bail 58 Part 1 of Schedule 4: Grant of pre-charge bail 59 Part 2 of Schedule 4: risk factors 61 Part 3 of Schedule 4: duty to seek views 61 Part 4 of Schedule 4: limits on periods of bail without charge 62 Part 5 of Schedule 4: police detention after arrest for breach of pre-charge bail etc. 65 Part 6 of Schedule 4: guidance on pre-charge bail 65 Clause 44: Arranging or facilitating commission of a child sex offence 66 Clause 45: Positions of trust 66 Clause 46: Criminal damage to memorials: mode of trial 66 Clause 47 and Schedule 5: Overseas production orders 67 Clause 48: Power to photograph certain persons at a police station 68 Clause 49: Power to specify date of attendance at police station for fingerprinting etc. 69 Clause 50: Entry and search of premises for human remains or material relating to human remains 70 Clause 51 and Schedule 6: Special procedure for access to material relating to human remains 71 Clause 52: Additional seizure powers 73 Clause 53: Functions of prison custody officers in relation to live link hearings 74 Part 3: Public order 74 Clause 54: Imposing conditions on public processions 75 Clause 55: Imposing conditions on public assemblies 76 Clause 56: Offences under sections 12 and 14 of the Public Order Act 1986 76 Clause 57: Obstruction of vehicular access to Parliament 77 Clause 59: Intentionally or recklessly causing public nuisance 77 Clause 60: Imposing conditions on one-person protests 78 Part 4: Unauthorised encampments 79 Clause 61: Offence relating to residing on land without consent in or with a vehicle 79 Clause 63: Guidance on exercise of police powers in respect of trespassers on land etc 82 Part 5: Road traffic 82 These Explanatory Notes relate to the Police, Crime, Sentencing and Courts Bill as introduced in the House of Commons on 12 May 2021 (Bill 5) 3 Clause 64: Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties 82 Clause 65: Causing serious injury by careless, or inconsiderate, driving 82 Clause 66 and Schedule 7: Road traffic offences: minor and consequential amendments 83 Clause 67: Courses offered as an alternative to prosecution: fees etc 83 Clause 68: Charges for removal, storage and disposal of vehicles 84 Clause 69: Production of licence to the court 84 Clause 70: Surrender of licence to Secretary of State where disqualified 85 Clause 71: Removal of requirement to surrender licence where fixed penalty notice 86 Clause 72: Removal of requirement to deliver up licence where conditional offer 86 Clause 73 and Schedule 8 Surrender of licence and test certificates by new drivers 87 Clause 74 and Schedule 9: Minor and consequential