Criminal Law Legislation Update
| Author | Joanne Clough |
| DOI | 10.1177/0022018316670080 |
| Published date | 01 October 2016 |
| Date | 01 October 2016 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
As at 30 August 2016
Joanne Clough
Northumbria University, UK
Telecommunications Restriction Orders (Custodial Institutions)
(England and Wales) Regulations 2016
The use of telephone communications by prisoners is a threat to prison security, and can enable prisoners
to continue offending even from behind bars. Section 80 of the Serious Crime Act 2015 allows for
regulations to be made to allow the court powers to make a ‘telecommunications restriction order’
(TRO). Such an order requires a communication provider to take whatever action is specified in the
TRO for the purpose of preventing or restricting the use of communication devices by those detained in
prison establishments.
The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regula-
tions 2016 (SI 2016/830) is made under the powers conferred by s. 80 of the Serious Crime Act 2015. It
provides for new powers to allow the county court to make a TRO if the court is satisfied that (a) a
communication device identified in the order is inside a custodial institution and (b) there is no reason to
believe the device is in the possession of a person who has authority to possess it (Reg. 3(1)). The order
has effect until the date specified in the order or until further order is made, where no date is specified
(Reg. 3(2)). The order must specify the date upon which the requirements must be complied with (Reg.
3(4)) and unless the parties agree otherwise, this must be the fifth working day following the date of the
order (Reg. 3(5)). Only certain enforcement agencies may apply for a TRO (Reg. 4) and there are notice
requirements to comply with prior to the application being made (Reg. 5).
As a result of this legislation, enforcement bodies can apply for a TRO to disrupt or prevent the use of
telecommunication devices within prison walls without the need to first take possession of the item or
attribute its use to any particular individual. The TRO must list a unique identification number for each
mobile device upon which the terms of the order apply. The terms of the TRO require the communi-
cation service provider to blacklist the device and disconnect the SIM card or cards associated with
the device.
The Regulations came into force on 3 August 2016 and apply to England and Wales.
Modern Slavery Act 2015 (Code of Practice) Regulations 2016
These Regulations (SI 2016/823) introduce a Code of Practice issued under Schedule 2, paragraph 5(1)
of the Modern Slavery Act 2015 (MSA 2015). The MSA 2015 contains important maritime enforcement
powers for constables and enforcement officers to utilise to investigate modern slavery offences com-
mitted at sea. The provisions create similar powers of enforcement as those available for drug trafficking
investigations, namely: the power to stop, board, divert and detain a vessel; the power to search a vessel
and obtain information; and the power to arrest and to seize any relevant evidence. Part 1 of the Schedule
provides for the enforcement powers exercisable by English and Welsh constables and by enforcement
officers as defined in ss 35 and 38(1) MSA 2015.
The Journal of Criminal Law
2016, Vol. 80(5) 281–282
ªThe Author(s) 2016
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DOI: 10.1177/0022018316670080
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