Part 10: Management of offenders Chapter 1: Serious Violence Reduction Orders Section 165: Serious violence reduction orders
This section introduces a new civil order in the Sentencing Code, the Serious Violence Reduction Order ("SVRO"). Subsection (1) inserts a new Chapter 1A, comprising of sections 342A to 342L, into Part 11 of the Sentencing Code.
	New section 342A provides the power to make a SVRO. Subsection (1) provides that SVROs can be made on application from the prosecution in relation to a person aged 18 or over, and convicted of an offence (as described in section 342A(3) and (4)) after the provisions in relation to SVROs come into force (that is, the first appointed day as defined in subsection (14)).
	New section 342A(2) sets out the conditions in either subsection (3) or (4) and the condition in subsection (5) must be met in order for the court to be able to make an SVRO.
	New section 342A(3) provide that an SVRO can be made if the court is satisfied on the balance of probabilities that a bladed article or offensive weapon was used by the offender in the commission of the offence, or that the offender had a bladed article or offensive weapon with them when the offence was committed. New section 342A(4) provides that an SVRO can be made if the offender convicted of the offence did not use the weapon or have the weapon with them, but another person used a bladed article or offensive weapon, or had a bladed article or offensive weapon with them when the offence was committed, and the offender knew, or ought to have known, that would be the case. By virtue of new section 342A(15) references to an offence in subsection (4) include any offence arising out of the same facts as the offence which the offender was convicted of.
	These provisions set out that those convicted of any offence involving where a bladed article or offensive weapons was used in the commission of the offence or was present when the offence was committed can be considered for SVROs, including, for example, a conviction for unlawful possession of such weapons or for using someone to mind a weapon. They also provide that if an offence involving a bladed article or an offensive weapon is committed by more than one person (or one set of facts gives rise to a number of individuals being convicted of different offences relating to that set of facts), every offender involved in the offence or offences, who knew, or ought to have known of the weapon can be considered for an SVRO, even if only one of them used the bladed article or offensive weapon, or had it with them during the commission of the offence.
	New section 342A(5) provides that in order to make an SVRO, the court must be satisfied that the order is necessary: (i) to protect the public from harm involving a bladed article or an offensive weapon; (ii) to protect any particular member of the public (including the offender) from such harm; or (iii) to prevent the offender from committing an offence involving a bladed article or offensive weapon. As a result, an SVRO can be made not only to protect the community from the risk posed by the offender but also to protect the offender themselves from the risk of harm involving a bladed article or offensive weapon by helping to deter them from committing knife or offensive weapons related offences.
	New section 342A(6) provides that the court may make a SVRO only if the court is also dealing with the offender for the offence that may result in an SVRO made. New section 342A(6)(b) provides that SVROs cannot be made if the court gives an absolute discharge to the offender.
	New subsection 342A(7) provides that the court may hear evidence from both the offender and the prosecution when considering whether to make an SVRO.
	New section 342A(8) provides that court may consider evidence (in relation to whether to make an SVRO) that would not have been admissible in the proceedings in which the offender was convicted.
	New subsection 342A(9) provides that if an application for a serious violence reduction order is made, the court may adjourn proceedings on the application after sentencing the offender. New subsections (10) to (12) make further provision in relation to any adjourned proceedings.
	New section 342A(13) provides that the court must explain in plain language to the offender the powers that a constable has in respect of the offender while the order is in effect, and the effects of the order, that is, any requirements imposed by the order, the consequences of breaching an SVRO and what constitutes a breach.
	New section 342B provides for the requirements and prohibitions imposed by an SVRO.
	New section 342B(1) defines serious violence reduction order for the purposes of new Chapter 1A of Part 11 of the Code. Serious violence reduction order means an order made in respect of an offender that imposes on the offender the requirements set out in section 342B(2) and (4) (in relation to notification of information) and any other requirement or prohibitions specified in regulations made by the Secretary of State.
	New section 342B(2) and (3) set out the information that the offender must provide to the police within three days of the order taking effect. This information is the name, or names, of the offender on the day the notification is given, the offender’s home address on that day and any other address where the offender regularly stays.
	New section 342B(4) and (5) provide that the offender must notify the police if they change their name or home address, or if they decide to live for a period of one month or more at an address not previously notified to the police. This information must be provided to the police within three days of such change.
	New section 342B(6) specifies that the offender must provide the information required in person by attending a police station in a police area in which the offender lives and by giving an oral notification to a police officer, or any person authorised by the officer in charge of the station.
	New section 342B(7) provides that any regulations made by the Secretary of State under subsection (1)(b) to add further restrictions or prohibitions to an SVRO can be made only after a report on the pilot under section 166 is laid before Parliament and if the Secretary of State considers that it is appropriate to make the regulations for the purpose of assisting police constables to exercise the power to search the offender conferred by new section 342E.
	New subsection 342B(8) provides that regulations made by the Secretary of State under subsection (1)(b) are subject to the affirmative resolution procedure.
	New section 342B(9) provides a definition of "home address" for the purposes of the notification requirements.
	New section 342C(1) provides that a court may impose on the offender any additional requirement or prohibition specified in regulations made by the Secretary of State, subject to the condition in subsection (2).
	New section 342C(2) describes the condition as one that would assist police constables to exercise the power to search the offender conferred by section 342E. For example, any additional condition that would assist the police with identification of any individual subject to an SVRO would in turn assist with the exercise of the stop and search power.
	New section 342C(3) provides that regulations made by the Secretary of State in relation to this section can only be made after a report on the pilot under section 166 is laid before Parliament.
	New section 342C(4) sets out that the regulations are subject to the affirmative resolution procedure.
	New section 342D(1) sets out that the order takes effect on the day it is made. New section 342D(3) and (4) allow for the order not to take effect until the offender is released from custody or ceases to be subject to a custodial sentence.
	New section 342D(2) sets out that an SVRO must contain a start date and will be for a fixed period of a minimum of six months and a maximum of two years.
	New section 342D(5) provides that where a court makes an SVRO and the offender had already been subject to an order, the earlier SVROs ceases to have effect. This will ensure that an offender is not subject to more than one SVRO at the same time.
	New section 342E provides the police with a power to search a person subject to an SVRO, and to detain them for the purpose of carrying out that search, provided that such person is in a public place. The purpose of this power is to check if the person has a bladed article or an offensive weapon with them.
	New section 342E(4) provides that the police office may seize and retain items found in the course of the search which they reasonably suspect to be a bladed article or an offensive weapon.
	New section 342E(6) provides that a constable may use reasonable force, if necessary, in order to exercise the powers conferred in this section.
	New section 342E(7) provides that this power may be used in addition to existing powers held by the police under common law or by virtue of any other enactment, for example the power to stop and search under section 1 of PACE.
	New section 342F confers a power for the Secretary of State to make regulations regulating the retention, safe keeping, disposal and destruction of any items retained by constable under the power in new section 342E. New section 342F(3) provides that such regulations are subject to the negative procedure.
	New section 342G(1) provides that an offender who is subject to an SVRO commits an offence if they:
fail to comply with any requirements or prohibitions set out in the order, without reasonable excuse;
knowingly provides false information to the police when purporting to comply with the requirements of the order (for example compliance with the notification requirements in new section 342B);
tell a police constable that they are not subject to an SVRO, when in fact they are; or
intentionally obstructs a police constable exercising the stop and search power under new section 342E.
	The maximum penalty for each of these offences is on summary conviction, imprisonment for 12 months, or in relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020, six months, a fine or both. The maximum penalty for each of these offences on conviction on indictment is imprisonment for two years, a fine, or both.
	New section 342G(4) provides that where a person is convicted of an offence under this section, an order for conditional discharge is not a sentencing option available to the court.
	New section 342H(1) and (2) provide that an application to the appropriate court (as defined by new section 342H(9)) may be made for variation, renewal or discharge of an SVRO by the offender, or by the police force in which the offender lives, has committed the offence where the police believe that the offender intends to come to or by the chief constable of the British Transport Police force where the offence on the basis of which the SVRO was made is an offence committed within the jurisdiction of British Transport Police. This provision allows for an application to be made to modify an SVRO to reflect changing circumstances.
	New section 342H(4) and (5) provide that the application must be made in accordance with the rules of court, and that the court must hear the person making the application and any other person as provided by subsection (2) who wishes to be heard before making a decision.
	New section 342H(5) provides that the court may vary, renew or discharge an order as it sees appropriate, subject to subsection (7). New section 342H(7) provides that the court may renew an order, or vary an order so as to lengthen its duration, only if it considers doing so is necessary to protect the public or any particular member of the public from the risk of harm involving a bladed article or offensive weapon, or to prevent the offender from committing an offence involving a bladed article or offensive weapon.
	New section 342H(8) provides that the court must explain in plain language to the offender the effects of the variation or renewal of the order, and the powers that a police constable has under the stop and search power in section 342E.
	New section 342I(1) provides that an offender issued with a SVRO can appeal against a decision to make the order as if the order were a sentence passed on the offender for an offence.
	New section 342I (2) to (5) provide rights of appeal following a decision on an application for an order varying, renewing, or discharging an SVRO, including provisions as to which court an appeal can be made to, and that the Crown Court may make such orders as may be necessary and such incidental and consequential orders as appears to it to be appropriate.
	New section 342J provides that the Secretary of State may issue guidance to the police constables, Chief Officers of police and the Chief Constable of the British Transport Police Force in relation to SVROs. . Such guidance may be revised, and the Secretary of State must arrange for it to be published. The guidance may include guidance about the exercise by police of their functions under Chapter 1A of Part 11 of the Sentencing Code; guidance about identifying offenders in respect of whom it may be appropriate for applications for SVROs to be made; and guidance about providing assistance to prosecutors in connection with applications for SVROs.
	New section 342J(4) provides that police constables, Chief Officers of police and the Chief Constable of the British Transport Police Force must have regard to any such guidance..
	New section 342K provides that before issuing guidance under new section 342J, the Secretary of State must lay a draft of the guidance before parliament. If, within the 40-day period (as defined in new section 342K(4) and (5)), either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued. If no such resolution is made within that period, the Secretary of State may issue the guidance.
	New section 342L defines terms used in new Chapter 1A of Part 11 of the Code.
	Subsections (2) and (3) make consequential amendments as a result of new Chapter 1A of Part 11 of the Code. Subsection (2) amends section 80(3) of the Sentencing Code to include a reference to offences in section 342G (offences relating to an SVRO) in a list of circumstances where an order for conditional discharge is not available. Subsection (3) amends the Prosecution of Offences Act 1985 to provide for the Director of Public Prosecutions to conduct applications for SVROs under new section 342A of the Sentencing Code.