My Lords, this order was laid in draft before Parliament on 13 October 2022. It will bring into effect a revised code of practice
issued under Section 66 of the Police and Criminal Evidence Act 1984, which I shall call “PACE” from now on. This is PACE Code A, which governs the exercise by police officers of powers to stop and search a person without first arresting them. For England and Wales, PACE sets out the core powers of the police to prevent, detect and investigate crime. The exercise of these powers is subject to codes of practice, or PACE codes, which the Secretary of State is required to issue. The PACE codes put in place important procedural safeguards for the public and detainees when the police exercise their powers.
The proposed amendments to PACE Code A, which we are discussing today, relate to police powers to stop and search individuals subject to a serious violence reduction order, which I will refer to henceforth as “SVROs”. Inserted into the sentencing code by the Police, Crime, Sentencing and Courts Act 2022, SVROs are civil orders which give the police powers to stop and search individuals convicted of an offence where a bladed article or offensive weapon was used or was present. Cracking down on knife crime is a priority for the Government, and SVROs are an important part of that crucial endeavour. By increasing the risk of detection, these orders are designed to deter habitual knife carriers from reoffending, as well as to help prevent exploitation into continued criminality, including further weapons carrying.
We must build an understanding of the impact of the new orders, so the issuing of the orders will be piloted in West Midlands, Merseyside, Sussex and Thames Valley police force areas. The pilot will be independently evaluated before a decision is made on rollout of the orders across England and Wales. We have proposed these revisions to PACE Code A to ensure that proper guidance and safeguards on the use of the new stop and search power are in place for the pilot.
The proposed revisions were subject to a statutory consultation, which ran for six weeks; they introduce a new temporary annexe, G, which deals with searches in relation to SVROs. In particular, the code highlights that the power does not require officers to have prior reasonable grounds, but its use must not be based on prejudice; it highlights that searches can be conducted only on those subject to an SVRO, and that officers should seek to confirm the identity of the individual; it outlines that the use of the power, like all other stop and search powers, is discretionary, and that officers will be expected to use their judgment when choosing to conduct searches; it outlines that the new annexe will apply for 24 months, plus an additional six-month transitional period; and it outlines the territorial extent of the use of the powers. While SVROs will be issued only in the pilot police force areas, the stop and search powers will be available across England and Wales.
On concerns around disproportionality and the impact of stop and search on particular communities, our aim is for these orders to enable police to take a more targeted approach, specifically in relation to known weapons carriers. The code of practice is just one of many safeguards in place to ensure the fair and proportionate use of SVROs. The revised code was laid before Parliament together with the draft order and Explanatory Memorandum. Subject to the order
being approved, the revised code will come into force on 17 January 2023. I must highlight that this date is not a fixed date for the commencement of the SVRO pilot: we are ensuring that all the appropriate secondary legislation is in place before commencing in early 2023.
Fighting crime and protecting the public are central to the Government’s agenda. I therefore commend the draft order to the House and I beg to move.
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Amendment to the Motion