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April 2023

There have been some changes to the Home Office Counting Rules, particularly in respect of Burglary which has seen burglaries in buildings unconnected with residential premises given their own classes.  See our Summary of Historical Amendments for more details.  Further changes are expected imminently as a result of a review of the Counting Rules as to their compatibility with College of Policing and NPCC guidance.

March 2023

At the request of a user we've added a guide to Tattooing and Skin Piercing.

February 2023

Video cross-examination and re-examination of vulnerable witnesses and victims of sexual offences and modern slavery is now available throughout England and Wales at all Crown Courts.

A new version of Code H of the PACE Codes of Practice has been issued which applies from 10 February 2023, mainly to take account of changes brought about by the insertion of section 43B (offenders recalled on licence) into the Terrorism Act 2000.

We've renamed our Harassment and Stalking Toolkit to Stalking and Harassment.

January 2023

Serious Violence Reduction Orders (SVROS) (available only on conviction) will be introduced on 17 January 2023.  They will be subject to a 2 year pilot scheme in Merseyside, Sussex, Thames Valley and West Midlands Police areas.  SVRO issued prior to 17 January 2025 will expire on 17 July 2025.  The associated power to search a person who is subject to such an Order will be available throughout England and Wales until 17 July 2025.  A new version of Code A of the PACE Codes of Practice has been issued which applies from the same date.  The only difference in these is that they include additional paragraphs with regard to SVROs.  In all other respects, they are unchanged.

November 2022

From 28 November 2022 the Sexual Offences Act 2003 has been amended to:

• enable the courts to impose requirements when making Sexual Harm Prevention Orders (SHPO) or Sexual Risk Orders (SRO),
• remove the need for the police in England and Wales to seek a court order to place notification requirements on an individual convicted of an equivalent, relevant sexual offence in a foreign court, replacing it with a power for the police to serve a notice requiring the relevant offenders to notify when authorised by an officer of the rank inspector or above,
• specify that the court should apply the lower civil standard of proof (balance of probabilities) when determining whether the individual the application is made in respect of has done the act in question,
• streamline the process for publishing the list of police stations at which an offender may notify, giving chief officers of police the power to specify and publish a list of police stations in their area,
• confer a power for the Secretary of State to have prepared a list of countries deemed to be at high risk of child sexual abuse by UK nationals/residents, to be considered by applicants and the courts when applying for, or making, a SHPO or SRO, for the purpose of protecting children outside the UK from the risk of sexual harm, and
• enable the British Transport Police (BTP) and Ministry of Defence Police (MDP) to apply to the court for a SHPO or SRO.

From 10 November 2022 offenders who are convicted of any offences of possession, possession with intent to supply and supply of a Class A drug can be made subject to a Banning Order.

From 8 November 2022 the informal provisions relating to informed agreement to provide an electronic device for information extraction are replaced with new statutory Powers to Extract of Information from Electronic Devices By Informed Agreement.  Whilst there is a new Code of Practice with which officers and staff should be familiar, if you're new to this subject we would recommend reading our 10 Principles for Acquiring Digital Devices and Extracting Material.

We have updated our Major Religious and Other National Festivals calendar until the end of 2024.

October 2022

From 26 October 2022 the new provisions regarding the standard of driving in relation to careless and dangerous driving by police officers and staff take effect.

From 28 October 2022 the revised arrangement for the granting of street bail and pre-charge police bail take effect, together with a new duty to seek the views of certain victims when considering varying conditional street bail, and granting and varying pre-charge conditional bail.  In summary, custody officers may grant bail for the first 3 months, inspectors for the following 3 months and superintendents for the following 3 months, and 37(7)(b) and (c) are swapped around so that (c) becomes (b) and vice-versa.  In addition, a period of 3 hours grace will apply to the detention clock with respect to arrests for breach of pre-charge bail (although reviews of detention must continue in accordance with the original review clock).  We have also provided an eFlowchart for Arrest for Breach of Pre-Charge Bail Conditions - eFlowchart.

September 2022

We've added new guidance for student officers about Working a Beat, and dealing with Boundary Disputes.

August 2022

2 new offences and a number of other provisions relating to game and hunting with dogs apply from 1 August 2022:

• the penalty for Taking or Killing Game or Rabbits at Night, Trespass in Daytime Whilst In Pursuit or Search of Game and Five or More Persons Trespass in Daytime Whilst In Pursuit or Search of Game are increased to 6 months imprisonment,
• the requirement in section 4A of the Game Laws (Amendment) Act 1960 (Forfeiture of Vehicles) for 5 or more persons is removed,
• the offences of Trespass With Intent to Search for or Pursue Hares With Dogs and Going Equipped to Search for or Pursue Hares With Dogs come into force,
• 3 new court procedures apply in respect of dogs used in or which were present at the commission of the offence:
  1. Recovery Orders,
  2. Disqualification Orders together with the offence of Breach of a Disqualification Order, and
  3. Disposal Orders together with the offences of Fail to Comply With a Disposal Order and Fail to Deliver Up a Dog.

July 2022

From 1 July 2022, 6 new offences apply in relation to Virginity Testing and Hymenoplasty, two procedures most commonly associated with Forced Marriage and so called Honour Based Abuse.

There are further roll-outs of video recorded cross-examinations and re-examinations in respect of video recorded evidence in chief given by victims of sexual offences and modern slavery offences (and any related offences) during proceedings at a number of courts across England and Wales.

Minor changes have been made to the Home Office Counting Rules, following the changes set out below.  See our summary of historical amendments for more details.

June 2022

The new offence of Strangulation or Suffocation of Another apples from 7 June 2022, and:

• is an offence which can be racially or religiously aggravated,
• is a qualifying offence for the purposes of taking fingerprints, non-intimate samples or intimate samples in respect of acts committed under the law in force in a country or territory outside England and Wales which are equivalent to offences in England and Wales,
• is an offence for which there is a cross-border power of arrest,
• is an offence with regard to which witnesses are automatically eligible for assistance on grounds of fear or distress about testifying when either the accused was carrying a firearm or a knife during its commission or a person other than the accused knew or believed that to be the case,
• is an offence in respect of which a Sexual Harm Prevention Order may be made,
• is a specified violent offence for certain custodial sentences,
• is a specified offence for the purposes of Violent Offender Orders,
• is an offence to which the defence for slavery or trafficking victims does not apply, and
• is an offence for which there is statutory aggravation in respect of offences committed against emergency workers.

A number of other provisions are amended or come into force from 28 June 2022:

• the offences to which section 14 of the Sexual Offences Act 2003 (arranging or facilitating the commission of a child sex offence) applies is increased to include sections 5 to 8 in addition to 9 to 13;
• an extension of the definition of position of trust in respect of coaching, teaching, training, supervising or instruction a person in respect of sport or religion;
• a further offence of voyeurism related to breast feeding;
• the time limit for the trial of summary offences of common assault/battery is extended in domestic abuse cases;
• 3 new powers are introduced in respect of searching for human remains:
  • a power of entry, search, seizure and retention by warrant,
  • a Production Order, and
  • a power of entry, search, seizure and retention by warrant in cases in which a Production Order would be frustrated;
• certain assaults are to be treated as aggravated when committed against public servants;
• an additional power in respect of unauthorised encampments - to make a request for a person with a vehicle on land to leave it and remove any property they have with them and not re-enter for 12 months;
• the definition of land, in respect of unauthorised encampments, has been expanded to include highways in England and Wales;
• the period for which persons must leave land and not re-enter in relation to unauthorised encampments under section 61 and section 62A in England and Wales has been extended to 12 months;
• the parameters under which a direction may be given by a chief officer or, as the case may be, a senior officer, in respect of a public possession or public assembly have been changed in respect of those held, or to be held, in England and Wales;
• in England and Wales it must be shown that persons committing the offences relating to public possessions or public assemblies must have known or ought to have known that the condition they had failed to comply with had been imposed - in Scotland it remains that they knowingly failed to comply with the condition;
• a new provision and offence in relation to One Person Protests;
• the former offence under Common Law of Causing (and Conspiracy to Cause) a Public Nuisance is replaced with the statutory offence of Intentionally or Recklessly Causing a Public Nuisance;
• a new offence of Causing Serious Injury by Careless or Inconsiderate Driving.

May 2022

From 2 May 2022 anyone found guilty of a triable either-way offence in the magistrates' court can be sentenced to a maximum of 12 months' imprisonment.

From 12 May 2022:

1. a person found guilty of Obstruction of Free Passage Along a Highway may be sentenced to a maximum of 6 months' imprisonment and or a fine, and
2. video recorded cross-examinations and re-examinations may be conducted in respect of video recorded evidence in chief given by victims of sexual offences and modern slavery offences (and any related offences) during proceedings of the Crown Court at Sheffield Combined Court Centre, Newcastle-upon-Tyne, Doncaster Justice Centre South, Portsmouth Combined Court Centre, Southampton Combined Court Centre, Winchester Combined Court Centre, Truro Combined Court Centre, Bristol, Plymouth Combined Court, Isle of Wight Combined Court, Gloucester, Bournemouth Combined Court, Exeter, and Salisbury.

April 2022

We've added a new set of guides to the Procedures for Acquiring Digital Devices and Extracting Material.

There are a number of minor updates to the Home Office Counting Rules which apply from 1 April 2022.

From 4 April 2022 video recorded cross-examinations and re-examinations may be conducted in respect of video recorded evidence in chief given by victims of sexual offences and modern slavery offences (and any related offences) during proceedings of the Crown Court at Bradford Combined Court Centre.

On 6 April 2022:

• a number of changes are made to offences relating to offensive weapons:
  1. when charging the offence of Making Threats in Public or on School/Further Education Premises With a Weapon it will be necessary to show that the person was threatened in such a way as a reasonable person who was exposed to the same threat as that person would think that they were at immediate risk of physical harm,
  2. the power of search in schools relating to offensive weapons, bladed and sharply pointed articles is extended to further education premises,
  3. there is a new defence to the remote Sale of Knives and Other Articles to Persons Aged Under 18,
• the following new offences come into force:
  1. Making Threats in Private With an Offensive Weapon or Corrosive Substance,
  2. Having a Corrosive Substance in a Public Place,
  3. Sale of Corrosive Products to Persons Under 18,
  4. Delivery of Corrosive or Bladed Products to Residential Premises or a Locker (Remote Sales),
  5. Delivery of Corrosive Product or Bladed Articles to a Person Aged Under 18 (Remote Sales from Outside UK),
  6. Delivery of Bladed Products to a Person Aged Under 18 (Remote Sales in UK).

From 11 April 2022 video recorded cross-examinations and re-examinations may be conducted in respect of video recorded evidence in chief given by victims of sexual offences and modern slavery offences (and any related offences) during proceedings of the Crown Court at Teesside Combined Court Centre.

From 13 April 2022 Gamma-Hydroxybutyric Acid (GHB), Gamma-Butyrolactone (GBL) and 1,4-Butanediol (1,4-BD) are reclassified to Class B drugs, from when they must be recorded as Class B Drugs (Other).

March 2022

From 22 March 2022:

• virtually any activity which amounts to using a mobile phone whilst holding it when driving will amount to an offence,
  • but note this doesn't apply to a phone in a cradle, and
• there will no longer be a defence of lawful chastisement (or reasonable/corporal punishment) in Wales in respect of the offence of battery.

From 31 March 2022 video recorded cross-examinations and re-examinations may be conducted in respect of video recorded evidence in chief given by victims of sexual offences and modern slavery offences (and any related offences) during proceedings of the Crown Court at Great Grimsby Combined Court, Kingston-upon-Hull Combined Court Centre and York.

January 2022

From 31 January 2022 in certain circumstances a child is to be treated as a victim of domestic abuse in connection with any of the provisions of the Domestic Abuse Act 2021.

If you get confused by which is the correct word to use, e.g. there, their or they're, when writing reports, why not check out our Writing guide.

December 2021

We've added some more topics to our Soft Skills Toolkit:

• Affinity Diagrams,
• Analytical Thinking,
• Brainstorming,
• Building Effective Working Relationships,
• Building Trust,
• Critical Thinking,
• Changing Negative Thinking,
• Goal Setting,
• Grounding and Centring.
• Lateral Thinking,
• Obtaining Intelligence from Uncooperative Sources,
• Personal Development Planning,
• Personal Mission Statements,
• Positive Thinking,
• Self Determination, and
• Self-Efficacy.

We've given the following a separate page:

• Integrity,
• Trustworthiness, and
• Self-Management/Regulation.

October 2021

We have updated our guidance on:

• the minimum standards of investigation, and
• the setting secondary investigation parameters,
  • the guidance in respect of Quality Assurance (QA) and Allocation for Investigation.

We have updated all our guidance which relates to Warrants and Court Orders to include links to the latest versions of the application forms and, in relevant cases, the notices of application.

September 2021

We have adopted the approach to defining missing persons recently put forward by the NPCC lead for Missing Persons.  This has resulted in the addition of some new and revised guidance:

1. defining missing,
2. police duty to investigate,
3. police powers to intervene, and
4. gathering information from informants and other persons.

We have added a easier read version of the College of Policing's Principles of Risk for Decision Makers in our Health and Safety Toolkit.

We have extended our calendar of Major Religious and Other National Festivals through to the end of 2023.

August 2021

3 additional substances have been classified as class C drugs from 17 August 2021:

1. flualprazolam,
2. flunitrazolam, and
3. norfludiazepam.

July 2021

There is a new national definition of domestic abuse (Section 1 of the Domestic Abuse Act 2021) which now applies but at present only for the purposes of an offender being given a polygraph test prior to release on licence in the police areas of Cheshire, Cleveland, Cumbria, Durham, Greater Manchester, Humberside, Lancashire, Lincolnshire, Merseyside, Northumbria, North Yorkshire, South Yorkshire and West Yorkshire from 5 July 2021.

From 5 July 2021 Knife Crime Prevention Orders and Interim Knife Crime Prevention Orders can be applied for or given on conviction within the Metropolitan Police police area, although their effect may apply to any part of England and Wales.

From 14 July 2021, the following take effect:

• it becomes an offence to possess a weapon in private to which section 141 of the Criminal Justice Act 1988 applies,
• a cyclone knife or spiral knife becomes subject the list of weapons to which section 141 of the Criminal Justice Act 1988 applies,
• certain weapons are added to the list of those prohibited under section 5 of the Firearms Act 1968.

A recent court ruling has held that, in respect of assaults, etc. on emergency workers, there is no requirement that an emergency worker was acting lawfully when they were assaulted.

June 2021

The offence of Disclosing Private Sexual Images with Intent to Cause Distress (Revenge Pornography) is extended to include threats to do so from 29 June 2021.

The jurisdiction of courts for the following offences extends to, as the case may be, acts (or failures to act), behaviour or conduct, committed outside the UK by UK Nationals and other person habitually resident in the UK from 29 June 2021:

1. murder,
2. manslaughter,
3. assault occasioning actual bodily harm
4. unlawful and malicious wounding,
5. wounding or causing grievous bodily harm with intent,
6. poisoning,
7. child destruction,
8. controlling or coercive behaviour in an intimate family relationship,
9. harassment (without stalking),
10. harassment with stalking - fear of violence/serious alarm or distress, and
11. intentional strangulation of another.

In additional, jurisdiction has been extended in relation to offences:

• under:
  1. Section 1 - Rape
  2. Section 2 - Assault by Penetration
  3. Section 3 - Sexual Assault
  4. Section 4 - Causing a Person to Engage in Sexual Activity Without Consent,
• when the victim of the offence was aged under 18 at the time of the offence,
• in respect of UK nationals and residents.

The following offences in the Animal Welfare Act 2006 also become triable either-way (thus gaining wider powers and requiring the taking of fingerprints and photographs etc.) and notifiable (class 97/01 - 05)  from 29 June 2021:

• Section 4(1) - Cruelty to Animals - Cause Unnecessary Suffering,
• Section 4(2) - Cruelty to Animals - Permit Unnecessary Suffering,
• Section 5(1) - Cruelty to Animals - Carry Out or Cause Mutilation,
• Section 5(2) - Cruelty to Animals - Permit Mutilation,
• Section 6(1) - Docking of Dogs' Tails,
• Section 6(2) - Permitting Docking of Dogs' Tails,
• Section 7(1) - Cruelty to Animals - Administer or Cause Administration of Poison,
• Section 7(2) - Cruelty to Animals - Permit Administration of Poison, and
• Sections 8(1) and 8(2) - Cruelty to Animals - Participating in Animal Fighting.

May 2021

Children in the following police forces, in respect of whom a Modern Slavery Referral is made, must now also be referred to an Independent Child Trafficking Guardian: Avon and Somerset (Bristol only), City of London, Derbyshire, Essex, Gloucestershire, Greater Manchester Police, Hampshire, Kent, Lancashire, Leicestershire, Lincolnshire, Merseyside, Metropolitan, North Yorkshire, Nottinghamshire, Surrey, Warwickshire, West Midlands, West Yorkshire, Dyfed Powys, Gwent, North Wales, South Wales, by clicking on this link: English or Welsh.  In the case of an emergency, a referral can be made by phone using the ICTG assessment line on 0800 043 4303.

We have added detailed guidance on the Health and Safety measures and the diseases that may be associated with working with animals, poultry and birds which Wildlife Crime officers and those working in rural communities will find particularly relevant.

April 2021

From 29 April 2021, the defence of consent for the purposes of sexual gratification no longer applies (except in relation to sexually transmitted diseases in certain cases) to the offences of actual bodily harm, unlawful or malicious wounding or wounding or causing grievous bodily harm with intent.

There have been some minor amendments to the Home Office Counting Rules, please see our Summary of Historical Amendments for more details.

March 2021

We've added additional guidance to Making the Charging Decision about how to decide whether a case is suitable to be heard in a magistrates' court.

We have added new and amended some existing aggravating and mitigating factors in respect of the Sentencing Council's Guidelines relating to offences under the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016 to reflect the changes which come into force from 1 April 2021.  The revised Guidelines also decrease the amount of drugs which apply in each category in the case of ecstasy, and in categories 3 and 4 for cannabis.

The offences to which the changes apply are:

• Unlawful Possession of a Controlled Drug,
• Supply of a Controlled Drug,
• Possession of a Controlled Drug with Intent to Supply,
• Cultivation of Cannabis,
• Occupier/Manager of a Premises Permitting Drug Misuse,
• Importation/Exportation of a Controlled Drug,
• Production of a Controlled Drug,
• Production of a Psychoactive Substance,
• Supplying/Offer to Supply a Psychoactive Substance,
• Possession of a Psychoactive Substance with Intent to Supply, and
• Import/Export a Psychoactive Substance.

From 22 March 2021 there is a revised definition of antique firearm in force.  Our guidance also covers the processes that apply when a firearm no longer meets the revised criteria.

February 2021

We have now updated our guidance on the National File Standard, the Charging Decision and the Material and Information Required to Make the Charging Decision to reflect that within the 6th Edition of the CPS Charging Guidance.

Our Disclosure Toolkit (based on the Disclosure of Unused Material Manual) has now been updated to reflect all of the changes made by virtue of the latest Codes of Practice to the CPIA and the Attorney General's Guidance, including:

• the Role of Disclosure Officer,
• the Disclosure of Communications Evidence,
• the Examination and Disclosure of Digital Material,
• the Retention, Inspection, Copying, Disclosure and Deletion of the Electronic Records Held by Prosecution Witnesses,
• the Preparation of the Schedules (forms MG6C and MG6D),
• Case Suitable for Summary Trial (Streamlined Disclosure Scheme),
• (NEW) Disclosure Management Documents,
• (NEW) Pre-Charge Engagement, and
• the General Duty of Disclosure Outside of the Act.

January 2021

Our Carriage of Dangerous Goods toolkit has been updated to the latest versions of the ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road Regulations).

December 2020

The Sentencing Act 2020 is in force from 1 December 2020.  It doesn't make any significant changes, but brings all sentencing matters into one Act.  For example, Restraining Orders made on conviction, which were formally made under section 5 of the Protection from Harassment Act 1997, are now made under the Sentencing Act.  However, Restraining Orders made on acquittal remain under section 5A of the Protection from Harassment Act 1997 as they are not a result of a sentence.

October 2020

We've updated our calendar of Major Religious and Other National Festivals through to the end of 2022.

August 2020

From 24 August 2020 further courts are able to provide for video cross examination for vulnerable witnesses.

The power to examine, search and detain set out under Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (closely follows the existing powers and procedures under Schedule 7 to the Terrorism Act 2000) applies from 13 August 2020 and includes:

• the powers to examine, search and detain, and
• the questioning of persons being examined (covers both Schedules).

There have also been some changes to the powers under Schedule 7.  In addition, if a person who is being examined is transferred to hospital for treatment, their detention clock will now stop except for any time during which they are questioned.

July 2020

We've added some additional topics to our Soft Skills Toolkit:

• Cognitive Flexibility,
• Core Values,
• Ethical Leadership,
• Extrinsic and Intrinsic Motivation,
• Processing Failure, and
• Locus of Control.

April 2020

There have been some minor changes to the Home Office Counting Rules.  Details are shown in our summary of amendments.

March 2020

We have now updated our guidance on Performance, Conduct and Complaints to cover the latest regime which applies from 1 February 2020.  The guidance covering the previous regime continues to be available.

February 2020

Child and other vulnerable witnesses may give their evidence in chief by video recording in a wider range of courts from 24 February 2020.

January 2020

Stalking Protection Orders (and Interim Stalking Protection Orders) apply from 20 January 2020.  Enquiry office staff should be aware that it also includes a new notification scheme.  Our guide contains full details including the type of file that must be submitted.

The new Police Complaints, Conduct and Performance regimes apply from 1 February 2020.  Unfortunately, the associated Regulations have only just been published, and the IOPC guidance is still to be published.  We are working hard to publish our guidance as soon as possible.

We've added a new topic to our Soft Skills Toolkit - Meetings, which explains how to organise and run a meeting.