Annex G: Searches under section 342e of the sentencing code in relation to offenders subject to a serious violence reduction order (SVRO).

Additions of paragraphs 2.30-2.38 and modifications that apply to paragraphs 3.3, 3.8, 4.3 and Annex A of this code.

This Annex applies to any search under Section 342E of the Sentencing Code in relation to offenders subject to a Serious Violence Reduction Order (SVRO) by a police officer and the recording of public encounters taking place.

This Annex shall apply from 00.00 on 19 April 2023 to 23:59 19 October 2025 for the purpose of the pilot for SVROs. This period covers the 24 months pilot period plus an additional 6-month transitional period.

The 6-month transitional period allows for SVROs which take effect before the end of the pilot period to remain “live” for 6 months after the end of the pilot, but it will not be possible to apply for new SVROs or renew existing SVROs once the pilot period ends. This allows courts to issue an SVRO on the last day of the pilot for the minimum duration of the order (6 months).

For the avoidance of doubt, the expiry of the period in paragraph 2 does not affect any other provisions of this Code which shall continue to apply.

This Annex outlines the powers under Section 324E of the Sentencing Code and the considerations police officers should make when deciding to conduct a search on individuals subject to an SVRO.

SVROs are being piloted in Thames Valley, Sussex, West Midlands and Merseyside police force areas before a decision is made on full roll out of the powers across England and Wales.

SVROs can be issued in the pilot force areas only. This Annex shall, however, be enforceable across England and Wales, for the purpose of the pilot. The powers to stop and search under section 342E of the Sentencing Code are exercisable by a constable across England and Wales.

During the period for which this Annex applies, its provisions should be read in conjunction with all other provisions of Code A that apply during the same period.

This Annex should be read in conjunction with the Statutory Guidance on SVROs which sets out background, police processes, evidential considerations, court procedure and information on using SVROs alongside other orders and interventions. The Statutory Guidance can be found on GOV.UK.

This Annex inserts searches under Section 342E of the Sentencing Code in relation to individuals subject to an SVRO into Paragraph 2 of Code A (Types of Stop and Search Power) in particular:

f) Searches under Section 342E of the Sentencing Code in relation to individuals subject to a Serious Violence Reduction Order

The additions of paragraph 2.30 – 2.39 to Code A outline the considerations police officers should make when deciding to conduct a search on individuals subject to an SVRO. In particular:

2.30 Section 342A to 342K of the Sentencing Code provides for Serious Violence Reduction Orders, a civil order made in respect of an offender convicted of an offence involving a bladed article or offensive weapons.

2.31 Section 342E of the Sentencing Code provides the police with the power to search a person subject to an SVRO, to ascertain if they have a bladed article or offensive weapon with them and to detain them for the purpose of carrying out that search, provided that person is in a public place.

2.32 The exercise of the powers mentioned in paragraph 2. 31 do not require the constable to have prior reasonable grounds to suspect that the person to be searched is in possession of an item for which there is an existing power to search. However, it is still necessary to ensure that the treatment of those searched under this power is based upon that individual being subject to an SVRO, and not upon personal prejudice.

2.33 Officers must ensure that any stop and search under the power mentioned in paragraph 2.31 is conducted on an individual who is subject to an SVRO only. In most cases, it is expected that individuals subject to an SVRO will be known to the police in the police force area where the individual lives and offenders will have notified the police in that area of their address through the notification requirements. Therefore, officers should be able to identify the offender before conducting a search. Where an officer is unsure of an offender’s identity, they should seek to confirm that offender’s identity and whether they have an SVRO. Officers may wish to confirm the order is in place via PNC.

2.34 This means that unless officers are able to confirm the individual is subject to an SVRO, the power mentioned in paragraph 2.31 cannot be used and it would be unlawful if an individual without an SVRO is searched.

2.35 There must always be an objective and rational basis for conducting a stop and search. In these circumstances this is based on the fact that an SVRO is in force in relation to the individual. However, the use of the power mentioned in paragraph

2.31 is also discretionary and police officers are expected to use their judgement as to when deciding, in what circumstances and how many times an individual who is subject to an SVRO is stopped and searched.

2.36 Searches must be conducted in a public place and the power does not provide officers with any grounds to search anyone else accompanying that person. A person accompanying an individual that has an SVRO should not be searched unless a constable has the relevant reasonable grounds for suspicion.

2.37 The power does not provide officers with the grounds to search vehicles. However, Section 342E(7) of the Sentencing Code 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.

2.38 Police officers may seize and retain, in accordance with regulations made by the Secretary of State under section 342F of the Sentencing Code Items found in the course of the search which they reasonably suspect to be a bladed article or an offensive weapon.

2.39 The Statutory Guidance on SVROs which sets out background on SVROs, police processes, evidential considerations, court procedure and information on using SVROs alongside other orders and interventions can be found on GOV.UK.

This Annex makes an addition to paragraph 3.3 of Code A (Conduct of Searches). This addition outlines that:

In the case of searches mentioned in paragraph 2.1(b), (d) and (f) (searches in relation to SVROs), which do not require reasonable grounds for suspicion, officers may make any reasonable search to look for items for which they are empowered to search.

This Annex makes an addition to paragraph 3.8 of Code A (steps to be taken prior to a search). This annex provides that an officer must provide a detained person with the officer’s name, the legal search power which is being exercised, a clear explanation of the object of the search in terms of the article or articles for which there is a power to search; and in the case of:

searches under Section 342E of the Sentencing Code in relation to individuals subject to a Serious Violence Reduction Order,

the fact that a Serious Violence Reduction Order is in force.

In this Annex, in accordance with paragraph 4.3, a record of a search must always include, in the case of:

searches powers under Section 342E of the Sentencing Code in relation to individuals subject to a Serious Violence Reduction Order:

the fact that a Serious Violence Reduction Order is in force

whether anything was found and whether anything was seized

This Annex makes additions to the table at Annex A (summary of main stop and search powers to which Code A applies) to include searches under Section 342E of the Sentencing Code in relation to individuals subject to a Serious Violence Reduction Order (SVRO).

Power — Object of search — Extent of search — Where exercisable

20. Sentencing Act 2020 (“the Sentencing Code”) s. 342E — Bladed articles or offensive weapon — Persons — A public place