This Statutory Instrument has been published in substitution of the S.I. of the same number which did not correctly reflect the date on which it was signed. It is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2022 No. 1075 (C. 85)
Police
Criminal Law
Electronic Information
The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 3) Regulations 2022
Made
20th October 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by section 208(1) and (2) of the Police, Crime, Sentencing and Courts Act 2022( 1 ).
Citation and interpretation
1. —(1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 3) Regulations 2022.
(2) In these Regulations “ the 2022 Act ” means the Police, Crime, Sentencing and Courts Act 2022.
Extent
2. —(1) Regulation 3(a), (b) and (c) extends to England and Wales and Scotland.
(2) Regulation 3(d) and (e) extends to England and Wales.
(3) Regulation 3(f) in so far as it commences section 89(1) and (3) to (7) extends to England and Wales and Scotland.
(4) Regulation 3(f) in so far as it commences section 89(2) extends to Northern Ireland.
(5) Regulation 4 extends to England and Wales.
(6) Regulation 5 extends to England and Wales, Scotland and Northern Ireland.
Provisions coming into force on 26th October 2022
3. The following provisions of the 2022 Act come into force on 26th October 2022—
(a) section 5 (meaning of dangerous driving: constables etc);
(b) section 6 (meaning of careless driving: constables etc);
(c) section 7 (regulations relating to sections 5 and 6);
(d) section 45 (pre-charge bail) in so far as it relates to paragraph 37 of Schedule 4 (guidance on pre-charge bail);
(e) paragraph 37 of Schedule 4;
(f) section 89 (courses offered as alternative to prosecution: fees etc).
Provisions coming into force on 28th October 2022
4. The following provisions of the 2022 Act come into force on 28th October 2022—
(a) section 45 (pre-charge bail) to the extent not already in force;
(b) Schedule 4 (pre-charge bail) to the extent not already in force.
Provisions coming into force on 8th November 2022
5. The following provisions of the 2022 Act come into force on 8th November 2022—
(a) section 37 (extraction of information from electronic devices: investigations of crime etc);
(b) section 38 (application of section 37 to children and adults without capacity);
(c) section 39 (requirements for voluntary provision and agreement);
(d) section 40 (application of section 37 where user has died etc);
(e) section 41 (extraction of information from electronic devices: investigations of death);
(f) section 42(8) to (12) (code of practice about the extraction of information);
(g) section 43 (confidential information);
(h) section 44 and Schedule 3 (authorised persons).
Jeremy Quin
Minister of State
Home Office
20th October 2022