Statutory Instruments
2022 No. 1304
Criminal Law, England And Wales
The Prevention and Reduction of Serious Violence (Strategies etc.) Regulations 2022
Made
6th December 2022
Laid before Parliament
12th December 2022
Coming into force
31st January 2023
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 6(2) to (4) and (5) to (7) of the Crime and Disorder Act 1998( 1 ) (“ the 1998 Act ”) and sections 8(10), 9(10), 14(4) and (5) and 22(2)(a) and (b) of the Police, Crime, Sentencing and Courts Act 2022( 2 ) (“ the 2022 Act ”).
In accordance with section 6(10) of the 1998 Act and section 22(3) of the 2022 Act, the Secretary of State has consulted the Welsh Ministers.
PART 1 Introduction
Citation, commencement, extent and interpretation
1. —(1) These Regulations may be cited as the Prevention and Reduction of Serious Violence (Strategies etc.) Regulations 2022.
(2) These Regulations come into force on 31st January 2023.
(3) These Regulations extend to England and Wales.
(4) In these Regulations, “ the 2022 Act ” means the Police, Crime, Sentencing and Courts Act 2022.
PART 2 Functions relating to serious violence
Interpretation
2. In this Part—
“ section 8 strategy ” means a strategy under section 8 of the 2022 Act (duties to collaborate and plan to prevent and reduce serious violence), and includes a revised strategy( 3 );
“ section 9 strategy ” means a strategy under section 9 of the 2022 Act (powers to collaborate and plan to prevent and reduce serious violence), and includes a revised strategy( 4 ).
Timing of publication of a strategy
3. —(1) The first section 8 strategy must be published as soon as reasonably practicable after it has been prepared and in any event by 31st January 2024.
(2) Each subsequent section 8 strategy and each section 9 strategy, where prepared, must be published as soon as reasonably practicable after it has been prepared.
Manner in which specified authorities must publish and disseminate a section 8 strategy
4. —(1) Each section 8 strategy must be published by the specified authorities for the local government area( 5 ), in the area, by—
(a) placing the strategy on the website of—
(i) at least one of the specified authorities for the area, or
(ii) a local policing body for a police area which the local government area coincides with or falls within, and
(b) publishing the strategy in such other form as the specified authorities consider appropriate, having regard to the need to bring it to the attention of different groups and persons within the area.
(2) The section 8 strategy must be submitted, by one of the specified authorities for the local government area, to the Secretary of State within the period of 7 days commencing on the date of publication.
Manner in which specified authorities must publish and disseminate a section 9 strategy
5. —(1) Where two or more specified authorities prepare a section 9 strategy in relation to a relevant area( 6 ), the specified authorities must publish the strategy in the relevant area by—
(a) for each local government area which forms part of the relevant area, placing the strategy on the website of—
(i) at least one of the specified authorities for the local government area, or
(ii) a local policing body for a police area which the local government area coincides with or falls within, and
(b) publishing the strategy in such other form as the specified authorities consider appropriate, having regard to the need to bring it to the attention of different groups and persons within the relevant area.
(2) Where a section 9 strategy is published in accordance with paragraph (1), the strategy must be submitted by one of the specified authorities to the Secretary of State within the period of 7 days commencing on the date of publication.
Strategies that apply in relation to Wales
6. —(1) Where the specified authorities for a local government area publish a section 8 strategy and all or part of the local government area is in Wales, the section 8 strategy must be —
(a) published in both English and Welsh, and
(b) submitted to the Welsh Ministers by one of the specified authorities within the period of 7 days commencing on the date of publication.
(2) Where two or more specified authorities prepare a section 9 strategy in relation to a relevant area and all or part of that relevant area is in Wales, the section 9 strategy must be—
(a) published in both English and Welsh, and
(b) submitted to the Welsh Ministers by one of the specified authorities within the period of 7 days commencing on the date of publication.
PART 3 Role of local policing bodies
Functions of a local policing body
7. —(1) A local policing body for a police area has the functions outlined in regulations 8 to 10 conferred upon them for the purposes of assisting a specified authority in the exercise of—
(a) the authority’s functions under or in accordance with section 8 of the 2022 Act in relation to a local government area which coincides with or falls within the police area, or
(b) the authority’s functions under or in accordance with section 9 of the 2022 Act in relation to a relevant area which, or any part of which, coincides with or falls within the police area.
(2) In regulations 8 to 10, references to “ the authority’s functions ” means the specified authority’s functions under or in accordance with section 8 or section 9 of the 2022 Act, as the case may be.
Power to pay grants
8. —(1) The local policing body may pay grants to a specified authority for the purpose of assisting the specified authority with the exercise of the authority’s functions.
(2) A grant under this regulation may be subject to any conditions (including conditions as to repayment) that the local policing body thinks appropriate.
Power to convene meetings
9. —(1) The local policing body may—
(a) convene and chair meetings for the purpose of assisting the specified authority with the exercise of the authority’s functions;
(b) require representatives of—
(i) a specified authority;
(ii) an education authority;
(iii) a prison authority, or
(iv) a youth custody authority
for the local government area, or relevant area, as the case may be, to attend meetings convened under sub-paragraph (a);
(c) require other persons, of such descriptions and numbers as the local policing body specifies, to attend meetings convened under sub-paragraph (a).
(2) The local policing body may exercise the powers in paragraph (1) only—
(a) after consulting with any authority or person affected, and
(b) to the extent that the local policing body, having taken account of the views of any authority or person affected, as the case may be, considers reasonable and proportionate in all the circumstances.
Power to provide support
10. The local policing body may provide such administrative and management support as it considers appropriate to assist the specified authority with the exercise of the authority’s functions.
PART 4 Amendments to Crime and Disorder Regulations: Serious Violence
Amendment of the Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007
11. —(1)The Crime and Disorder (Formulation and Implementation of Strategy) Regulations 2007( 7 ) are amended as follows.
(2) In regulation 6(f), after “crime and disorder” insert “, serious violence( 8 )” .
(3) In regulation 7—
(a) in paragraph (a), after “crime and disorder” insert “, serious violence” ;
(b) in paragraph (d), after “crime and disorder” insert “, to prevent and reduce serious violence” ;
(c) in paragraph (e), after “crime and disorder” insert “, to prevent and reduce serious violence” .
(4) In regulation 9(3)(b), after “crime and disorder” insert “, prevent and reduce serious violence” .
(5) In regulation 11(1)(a), after “crime and disorder” insert “, the prevention and reduction of serious violence” .
(6) In regulation 12—
(a) in paragraph (1)(a), after “crime and disorder” insert “, serious violence” ;
(b) in paragraph (1)(b), after “crime and disorder” insert “, to prevent and reduce serious violence” .
(7) In regulation 13, after “substance misuse” insert “, and preventing and reducing serious violence,” .
Amendment of the Crime and Disorder (Formulation and Implementation of Strategy) (Wales) Regulations 2007
12. —(1)The Crime and Disorder (Formulation and Implementation of Strategy) (Wales) Regulations 2007( 9 ) are amended as follows.
(2) In regulation 6(f), after “crime and disorder” insert “and serious violence” .
(3) In regulation 7—
(a) in paragraph (a), after “crime and disorder” insert “and serious violence” ;
(b) in paragraph (d), after “crime and disorder” insert “and to prevent and reduce serious violence” ;
(c) in paragraph (e), after “crime and disorder” insert “and to prevent and reduce serious violence” .
(4) In regulation 9, after paragraph (aa) insert—
“ (ab) a strategy for the prevention and reduction of serious violence in the area; ” .
(5) In regulation 10(1)—
(a) in paragraph (a), after “crime and disorder” insert “and serious violence” ;
(b) in paragraph (b) for “, crime and disorder” substitute “and crime and disorder, and to prevent and reduce serious violence, ” .
(6) In regulation 11 for “, crime and disorder” substitute “and crime and disorder, and preventing and reducing serious violence,” .
(7) For regulation 13, substitute—
“ 13. In exercising their functions under these Regulations the responsible authorities must have regard to any guidance given by—
(a) the Secretary of State and the Welsh Ministers acting jointly, in relation to strategies for reducing crime and disorder or re-offending in areas in Wales;
(b) the Secretary of State in relation to strategies for preventing and reducing serious violence in areas in Wales. ”
Chris Philp
Minister of State
Home Office
6th December 2022
1998 c. 37 (“ the 1998 Act ”). Section 6 was substituted by section 22 of, and Schedule 9 to, the Police and Justice Act 2006 (c. 48) and amended by section 108(1), (4) and (5) of the Policing and Crime Act 2009 (c. 26) , section 88 of, and paragraph 4 of Schedule 11 to, the Police Reform and Social Responsibility Act 2011 (c. 13) and section 20(1) and (3) to (7) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) (“ the 2022 Act ”). The Secretary of State is the appropriate national authority by virtue of section 6(9)(a) of the 1998 Act.
See section 8(11) of the 2022 Act.
See section 9(11) of the 2022 Act.
See section 11 of, and Schedule 1 to, the 2022 Act as to the meaning of “specified authorities” and “local government areas”.
See section 9(13) of the 2022 Act as to the meaning of “relevant area”.
S.I. 2007/1830 . Relevant amending instruments are S.I. 2010/647 and 2011/1230 . There are other amending instruments not relevant to these Regulations.
See section 18 of the 1998 Act in relation to the expression “serious violence”.
S.I. 2007/3076 as amended by S.I. 2010/648 . There are other amending instruments not relevant to these Regulations.