The Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/1261 |
2022 No. 1261
Criminal Law, England And Wales
The Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022
Made 30th November 2022
Coming into force 21th December 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 24(1)(c), 25(1) to (3) and (5)(c), 31 and 35(2)(a) and (b) of the Police, Crime, Sentencing and Courts Act 20221. In accordance with section 35(3) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022.
(2) These Regulations come into force after the expiry of 21 days beginning with the day on which they are made.
Interpretation
2. In these Regulations—
“the Act” means the Police, Crime, Sentencing and Courts Act 2022;
“pilot area” means—
(a) the police area2of South Wales;
(b) the area of the London borough councils of Barnet, Brent, Harrow, Lambeth or Southwark;
(c) the area of Birmingham city council or Coventry city council;
“recorded” means recorded by, or on behalf of, a chief officer of police for a police area in England and Wales on the official computer system of that chief officer.
Extent and application
3.—(1) These Regulations extend to England and Wales.
(2) These Regulations, except regulations 5 to 11, apply to England and Wales.
(3) Regulations 5 to 11 apply to—
(a)
(a) the chief officers of police3for the pilot area;
(b)
(b) the local authorities4;
(i) covering the police area of South Wales;
(ii) that are the London borough councils of Barnet, Brent, Harrow, Lambeth and Southwark;
(iii) that are Birmingham city council and Coventry city council;
(c)
(c) the integrated care boards5covering the area of—
(i) the London borough councils of Barnet, Brent, Harrow, Lambeth or Southwark;
(ii) Birmingham city council or Coventry city council;
(d)
(d) the local health boards6covering the police area of South Wales.
PART 2
Duty to arrange an Offensive Weapons Homicide Review
Specified conditions
4.—(1) The conditions in paragraph (2) are specified for the purpose of section 24(1)(c) of the Act (other conditions triggering a review obligation).
(2) The conditions are—
(a)
(a) one of the following has been located—
(i) the body of the person who died, or
(ii) part of the body of the person who died,
(b)
(b) the identity of one of the following has been recorded—
(i) the person who died, or
(ii) at least one person who caused, or is likely to have caused, that person’s death,
(c)
(c) one or more review partner7has information about, or would reasonably be expected to have information about either,—
(i) the person who died, or
(ii) at least one person who caused, or is likely to have caused, that person’s death, and
(d)
(d) the death is not a “death or serious injury matter” within the meaning of section 12(2A) of the Police Reform Act 20028.
(3) In this regulation, “information” means information that there is a risk a person may commit, or be a victim of, antisocial or criminal behaviour, and such information—
(a)
(a) includes information relating to the person’s education, antisocial or criminal behaviour, housing, medical history and mental health;
(b)
(b) includes safeguarding information about the person;
(c)
(c) does not include information that only became known to a review partner after the earlier of either—
(i) the recorded time of death of the person who died, or
(ii) the recorded death of the person who died.
PART 3
Relevant Review Partners
Relevant review partners
5. This Part applies for the purposes of section 25 of the Act to identify which review partners are to be to the relevant review partners9in respect of a person’s death, or where more than one person dies in the same incident in respect of all the deaths.
6.—(1) This regulation applies where the location or likely location of the death is known and is in a pilot area.
(2) The relevant review partners are the review partners listed in regulation 9 in whose area the death occurred or is likely to have occurred.
7.—(1) This regulation applies where one person dies, the location or likely location of the death is not known and either—
(a)
(a) the body of the person who died was recorded to be found in a pilot area,
(b)
(b) part of the body of the person who died was recorded to be found in a pilot area, or
(c)
(c) part of the body was recorded as found first in a pilot area, where parts were found in more than one area.
(2) The relevant review partners are the...
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