PART 2Prevention, investigation and prosecution of crime

CHAPTER 1Functions relating to serious violence

Functions relating to serious violence

I113Preventing and reducing serious violence

1

In this Chapter—

a

references to preventing serious violence in an area are to preventing people from becoming involved in serious violence in the area, and

b

references to reducing serious violence in an area are to reducing instances of serious violence in the area.

2

The reference in subsection (1)(a) to becoming involved in serious violence includes becoming a victim of serious violence.

3

In this Chapter “violence”—

a

includes, in particular—

i

domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

ii

sexual offences,

iii

violence against property, and

iv

threats of violence;

b

does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

4

In subsection (3)(a)(ii), “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

5

In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

6

In considering whether violence in an area amounts to serious violence for the purposes of this Chapter, account must be taken in particular of the following factors—

a

the maximum penalty which could be imposed for the offence (if any) involved in the violence,

b

the impact of the violence on any victim,

c

the prevalence of the violence in the area, and

d

the impact of the violence on the community in the area.