Crime and Disorder Act 1998

Part I E+W+S Prevention of crime and disorder

Chapter I E+W England and Wales

Crime and disorder: general E+W

1 Anti-social behaviour orders. E+W

(1) An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—

(a) that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and

[F1 (b) that such an order is necessary to protect relevant persons from further anti-social acts by him.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F3 (1A) In this section and sections [F4 1AA,] 1B [F5 , [F6 1C, 1CA, 1E, IF and 1K]]“relevant authority” means—

(a) the council for a local government area;

[F7 (aa) in relation to England, a county council;]

(b) the chief officer of police of any police force maintained for a police area;

(c) the chief constable of the British Transport Police Force;F8 . . .

[F9 (ca) any non-profit registered provider of social housing which provides or manages any houses or hostel in a local government area;]

(d) any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area;[F10 or

(e) a housing action trust established by order in pursuance of section 62 of the Housing Act 1988.]]

[F11 (1B) In this section “relevant persons” means—

(a) in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

[F12 (aa) in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council;]

(b) in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c) in relation to a relevant authority falling within paragraph (c) of that subsection—

[F13 (i) “persons who are within or likely to be within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in a local government area; or]

[F14 (ii) persons who are within or likely to be within such a place;]

(d) in relation to a relevant authority falling within paragraph [F15 (ca),] (d) [F16 or (e)] of that subsection—

(i) persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii) persons who are in the vicinity of or likely to be in the vicinity of such premises.]

(2) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Such an application shall be made by complaint to [F18 a magistrates' court].

(4) If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.

(5) For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

[F19 (5A) Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court).]

[F20 (6) The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.]

(7) An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.

(8) Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.

(9) Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.

(10) If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he [F21 is guilty of an offence and] liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

[F22 (10A) The following may bring proceedings for an offence under subsection (10)—

(a) a council which is a relevant authority;

(b) the council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside.

(10B) If proceedings for an offence under subsection (10) are brought in a youth court section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present at a sitting for the purposes of those proceedings include one person authorised to be present by a relevant authority.]

[F23 (10C) In proceedings for an offence under subsection (10), a copy of the original anti-social behaviour order, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.]

[F24 (10D) In relation to proceedings brought against a child or a young person for an offence under subsection (10)—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the proceedings are brought;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.

(10E) If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it shall give its reasons for doing so.]

(11) Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F25 section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12) In this section—

• [F26 “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

• [F27 “child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;]

• “the commencement date” means the date of the commencement of this section;

• “local government area” means—

  (a)

  in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

  (b)

  in relation to Wales, a county or county borough.

• F28 . . .

Textual Amendments

F1 S. 1(1)(b) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(2) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F2 Words in s. 1(1) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(3), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)

F3 S. 1(1A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F4 Words in s. 1(1A) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 124(4) , 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F5 Words in s. 1(1A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(2), 178(8); S.I. 2005/1521, art. 3(1)(s)

F6 Words in s. 1(1A) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 123(2), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

F7 S. 1(1A)(aa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(a), 93(1); S.I. 2003/3300, art. 2(f)(i)

F8 Word following s. 1(1A)(c) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(b), 92, 93(1), Sch. 3; S.I. 2003/3300, art. 2(f)(i)(g)(ii)(e)

F9 S. 1(1A)(ca) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 110(2)

F10 S. 1(1A)(e) and preceding word inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(c), 93(1); S.I. 2003/3300, art. 2(f)(i)

F11 S. 1(1B) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F12 S. 1(1B)(aa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(3)(a), 93(1); S.I. 2003/3300, art. 2(f)(i)

F13 S. 1(1B)(c)(i) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(a)

F14 S. 1(1B)(c)(ii) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004 /1573), {art. 12(5)(b)}

F15 Word in s. 1(1B)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 110(3)

F16 Words in s. 1(1B)(d) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(3)(b), 93(1); S.I. 2003/3300, art. 2(f)(i)

F17 S. 1(2) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(5), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)(c)

F18 Words in s. 1(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 55

F19 S. 1(5A) inserted (6.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 59(1), 66(2); S.I. 2008/791, art. 3(d)

F20 S. 1(6) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(7) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F21 Words in s. 1(10) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(8) (with s. 61(10)); S.I. 2002/2750 {art. 2(a)(vii)}

F22 S. 1(10A)(10B) inserted (20.1.2004 in relation to s. 1(10B) and 31.3.2004 otherwise) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(4), 93(1); S.I. 2003/3300, art. 2(f)(i); S.I. 2004/690, art. 2(b)(i)

F23 S. 1(10C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(2), 178(8); S.I. 2005/1521, art. 3(1)(s)

F24 S. 1(10D)(10E) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(2)(a), 178(8); S.I. 2005/1521, art. 3(1)(s)

F25 Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F26 S. 1(12): definition of "British Transport Police Force" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii); and that definition ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(b)(2)(j); S.I. 2004/1572, art. 3(jjj)

F27 S. 1(12): definition of "child" and "young person" in s. 1(12) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(2)(b), 178(8); S.I. 2005/1521, art. 3(1)(s)

F28 S. 1(12): definition of "policed premises" repealed (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(d)

Modifications etc. (not altering text)

C1 S. 1 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73(1), 120(1), Sch. 5 para. 4(1)(a)(2)(j); S.I. 2004/1572, art. 3(jjj)

C2 S. 1(11) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))

[F29 1A Power of Secretary of State to add to relevant authorities E+W

[F30 (1)] The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.

[F31 (2) The Secretary of State may by order—

(a) provide that a person or body of any other description specified in the order is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of such of sections 1 above and 1B, 1CA and 1E below as are specified in the order; and

(b) prescribe the description of persons who are to be “relevant persons” in relation to that person or body.]]

Textual Amendments

F29 S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1); S.I. 2002/2750, art. 2(a)(vii)

F30 S. 1A renumbered as s. 1A(1) (1.7.2005) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

F31 S. 1A(2) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F32 1AA Individual support orders E+W

[F33 (1) This section applies where a court makes an anti-social behaviour order in respect of a defendant who is a child or young person when that order is made.

(1A) This section also applies where—

(a) an anti-social behaviour order has previously been made in respect of such a defendant;

(b) an application is made by complaint to the court which made that order, by the relevant authority which applied for it, for an order under this section; and

(c) at the time of the hearing of the application—

(i) the defendant is still a child or young person, and

(ii) the anti-social behaviour order is still in force.

(1B) The court must consider whether the individual support conditions are fulfilled and, if satisfied that they are, must make an individual support order.

(2) An individual support order is an order which—]

(a) requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order; and

(b) requires the defendant to comply with any directions given by the responsible officer with a view to the implementation of the requirements under paragraph (a) above.

(3) The individual support conditions are—

(a) that an individual support order would be desirable in the interests of preventing any repetition of the kind of behaviour which led to [F34 the making of—

(i) the anti-social behaviour order, or

(ii) an order varying that order (in a case where the variation is made as a result of further anti-social behaviour by the defendant);]

(b) that the defendant is not already subject to an individual support order; and

(c) that the court has been notified by the Secretary of State that arrangements for implementing individual support orders are available in the area in which it appears to it that the defendant resides or will reside and the notice has not been withdrawn.

(4) If the court is not satisfied that the individual support conditions are fulfilled, it shall state in open court that it is not so satisfied and why it is not.

(5) The requirements that may be specified under subsection (2)(a) above are those that the court considers desirable in the interests of preventing any repetition of the kind of behaviour [F35 mentioned in subsection (3)(a) above].

(6) Requirements included in an individual support order, or directions given under such an order by a responsible officer, may require the defendant to do all or any of the following things—

(a) to participate in activities specified in the requirements or directions at a time or times so specified;

(b) to present himself to a person or persons so specified at a place or places and at a time or times so specified;

(c) to comply with any arrangements for his education so specified.

(7) But requirements included in, or directions given under, such an order may not require the defendant to attend (whether at the same place or at different places) on more than two days in any week; and “week” here means a period of seven days beginning with a Sunday.

(8) Requirements included in, and directions given under, an individual support order shall, as far as practicable, be such as to avoid—

(a) any conflict with the defendant’s religious beliefs; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(9) Before making an individual support order, the court shall obtain from a social worker of a local authority F36 . . . or a member of a youth offending team any information which it considers necessary in order—

(a) to determine whether the individual support conditions are fulfilled, or

(b) to determine what requirements should be imposed by an individual support order if made,

and shall consider that information.

(10) In this section and section 1AB below “responsible officer”, in relation to an individual support order, means one of the following who is specified in the order, namely—

(a) a social worker of a local authority F36 . . . ;

(b) a person nominated by [F37 a person appointed as director of children’s services under section 18 of the Children Act 2004 or by] a person appointed as chief education officer under section 532 of the Education Act 1996 (c. 56);

(c) a member of a youth offending team.

Textual Amendments

F32 Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

F33 S. 1AA(1)-(1B) and words in s. 1AA(2) substituted for s. 1AA(1) and words in s. 1AA(2) (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(1), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F34 Words in s. 1AA(3)(a) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(2), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F35 Words in s. 1AA(5) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(3), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F36 Words in s. 1AA(9)(10) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F37 Words s. 1AA(10)(b) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by virtue of Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 8; S.I. 2007/1792, art. 2

1AB Individual support orders: explanation, breach, amendment etc E+W

(1) Before making an individual support order, the court shall explain to the defendant in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (3) below) if he fails to comply with any of those requirements; and

(c) that the court has power (under subsection (6) below) to review the order on the application either of the defendant or of the responsible officer.

(2) The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—

(a) prescribe cases in which subsection (1) above does not apply; and

(b) prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.

(3) If the person in respect of whom an individual support order is made fails without reasonable excuse to comply with any requirement included in the order, he is guilty of an offence and liable on summary conviction to a fine not exceeding—

(a) if he is aged 14 or over at the date of his conviction, £1,000;

(b) if he is aged under 14 then, £250.

(4) No referral order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of young offenders to youth offender panels) may be made in respect of an offence under subsection (3) above.

(5) If the anti-social behaviour order as a result of which an individual support order was made ceases to have effect, the individual support order (if it has not previously ceased to have effect) ceases to have effect when the anti-social behaviour order does.

[F38 (5A) The period specified as the term of an individual support order made on an application under section 1AA(1A) above must not be longer than the remaining part of the term of the anti-social behaviour order as a result of which it is made.]

(6) On an application made by complaint by—

(a) the person subject to an individual support order, or

(b) the responsible officer,

the court which made the individual support order may vary or discharge it by a further order.

(7) If the anti-social behaviour order as a result of which an individual support order was made is varied, the court varying the anti-social behaviour order may by a further order vary or discharge the individual support order.]

Textual Amendments

F32 Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

F38 S. 1AB(5A) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(5), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

[F39 1B Orders in county court proceedings E+W

(1) This section applies to any proceedings in a county court (“the principal proceedings”).

(2) If a relevant authority—

(a) is a party to the principal proceedings, and

(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application in those proceedings for an order under subsection (4).

(3) If a relevant authority—

(a) is not a party to the principal proceedings, and

(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.

[F40 (3A) Subsection (3B) applies if a relevant authority is a party to the principal proceedings and considers—

(a) that a person who is not a party to the proceedings has acted in an anti-social manner, and

(b) that the person’s anti-social acts are material in relation to the principal proceedings.

(3B) The relevant authority may—

(a) make an application for the person mentioned in subsection (3A)(a) to be joined to the principal proceedings to enable an order under subsection (4) to be made in relation to that person;

(b) if that person is so joined, apply for an order under subsection (4).

(3C) But a person must not be joined to proceedings in pursuance of subsection (3B) unless his anti-social acts are material in relation to the principal proceedings.]

(4) If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.

(5) Subject to subsection (6), the [F41 person] against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.

(6) Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.

(7) Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F42 (8) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9) In their application by virtue of subsection (8), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.]]

Textual Amendments

F39 S. 1B inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 63, 108(2); S.I. 2003/808, art. 2(f)

F40 S. 1B(3A)-(3C) inserted (31.3.2004 for specified purposes, 1.10.2004 (temp. to 30.9.2006) for further specified purposes, otherwise prosp.) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(5), 93(1); S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 4 (as amended by S.I. 2006/835, art. 2)

F41 Words in s. 1B(5) substituted (31.3.2004 for specified purposes, otherwise 30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 85(6), 93(1) ; S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 2(a)(i)

F42 S. 1B(8)(9) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(6), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

[F43 1C Orders on conviction in criminal proceedings E+W

(1) This section applies where a person (the “offender”) is convicted of a relevant offence.

(2) If the court considers—

(a) that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and

(b) that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,

it may make an order which prohibits the offender from doing anything described in the order.

(3) The court may make an order under this section

[F44 (a) if the prosecutor asks it to do so, or

(b) if the court thinks it is appropriate to do so.]

[F45 (3A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B) It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]

(4) An order under this section shall not be made except—

(a) in addition to a sentence imposed in respect of the relevant offence; or

(b) in addition to an order discharging him conditionally.

[F46 (4A) The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B) If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

(4C) But the court may not issue a warrant for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]

(5) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.

(6) F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Subsections (7), (10) [F48 , (10C)][F49 , (10D), (10E)] and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F50 (9ZA) An order under this section made in respect of a person under the age of 17, or an order varying such an order, may specify a relevant authority (other than the chief officer of police mentioned in section 1K(2)(a)) as being responsible for carrying out a review under section 1J of the operation of the order.]

[F51 (9A) The council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside may bring proceedings under section 1(10) (as applied by subsection (9) above) for breach of an order under subsection (2) above.

[F52 (9AA) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9AB) In their application by virtue of subsection (9AA), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.

(9AC) In its application by virtue of subsection (9AA), section 1AA(1A)(b) has effect as if the reference to the relevant authority which applied for the anti-social behaviour order were a reference to the chief officer of police, or other relevant authority, responsible under section 1K(2)(a) or (b) for carrying out a review of the order under this section.]

(9B) Subsection (9C) applies in relation to proceedings in which an order under subsection (2) is made against a child or young person who is convicted of an offence.

(9C) In so far as the proceedings relate to the making of the order—

(a) section 49 of the Children and Young Persons Act 1933 (c. 12) (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the order is made;

(b) section 39 of that Act (power to prohibit publication of certain matter) does so apply.]

(10) In this section—

• [F53 “child” and “young person” have the same meaning as in the Children and Young Persons Act 1933 (c. 12);]

• “the commencement date” has the same meaning as in section 1 above;

• “the court” in relation to an offender means—

  (a)

  the court by or before which he is convicted of the relevant offence; or

  (b)

  if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and

• “relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]

Textual Amendments

F43 S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)

F44 S. 1C(3)(a)(b) substituted (31.3.2004) for words in s. 10(3) by Anti-social Behaviour Act 2003 (c. 38), s. 86(1), 93(1); S.I. 2004/690, art. 2(b)(iii)

F45 S. 1C(3A)(3B) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 86(2), 93(1); S.I. 2004/690, art. 2(b)(iii)

F46 S. 1C(4A)-(4C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(a), 178(8); S.I. 2005/1521, art. 3(1)(s)

F47 S. 1C(6)-(8) repealed (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(3), 174(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(s)(ee)

F48 Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(b), 178(8); S.I. 2005/1521, art. 3(1)(s)

F49 Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

F50 S. 1C(9ZA) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(3), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

F51 S. 1C(9A)-(9C) inserted (20.1.2004 in relation to s. 1C(9B)(9C), otherwise 31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(3), 93(1); S.I. 2003/3300, art. 2(f)(ii); S.I. 2004/690 {art. 2(b)(iii)}

F52 S. 1C(9AA)-(9AC) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(7), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F53 S. 1C(10): definitions of "child" and "young person" inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(4), 93(1); S.I. 2003/3300, art. 2(f)(ii)

[F54 1CA Variation and discharge of orders under section 1C E+W

(1) An offender subject to an order under section 1C may apply to the court which made it for it to be varied or discharged.

(2) If he does so, he must also send written notice of his application to the Director of Public Prosecutions.

(3) The Director of Public Prosecutions may apply to the court which made an order under section 1C for it to be varied or discharged.

(4) A relevant authority may also apply to the court which made an order under section 1C for it to be varied or discharged if it appears to it that—

(a) in the case of variation, the protection of relevant persons from anti-social acts by the person subject to the order would be more appropriately effected by a variation of the order;

(b) in the case of discharge, that it is no longer necessary to protect relevant persons from anti-social acts by him by means of such an order.

(5) If the Director of Public Prosecutions or a relevant authority applies for the variation or discharge of an order under section 1C, he or it must also send written notice of the application to the person subject to the order.

(6) In the case of an order under section 1C made by a magistrates' court, the references in subsections (1), (3) and (4) to the court by which the order was made include a reference to any magistrates' court acting in the same local justice area as that court.

(7) No order under section 1C shall be discharged on an application under this section before the end of the period of two years beginning with the day on which the order takes effect, unless—

(a) in the case of an application under subsection (1), the Director of Public Prosecutions consents, or

(b) in the case of an application under subsection (3) or (4), the offender consents.]

Textual Amendments

F54 S. 1CA inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(4), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F55 1D Interim orders E+W

[F56 (1) This section applies where—

(a) an application is made for an anti-social behaviour order;

(b) an application is made for an order under section 1B;

(c) a request is made by the prosecution for an order under section 1C; or

(d) the court is minded to make an order under section 1C of its own motion.

(2) If, before determining the application or request, or before deciding whether to make an order under section 1C of its own motion, the court considers that it is just to make an order under this section pending the determination of that application or request or before making that decision, it may make such an order.]

(3) An order under this section is an order which prohibits the defendant from doing anything described in the order.

(4) An order under this section—

(a) shall be for a fixed period;

(b) may be varied, renewed or discharged;

(c) shall, if it has not previously ceased to have effect, cease to have effect on the determination of the [F57 application or request mentioned in subsection (1), or on the court's making a decision as to whether or not to make an order under section 1C of its own motion.]

(5) [F58 In relation to cases to which this section applies by virtue of paragraph (a) or (b) of subsection (1),] subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F59 (6) In relation to cases to which this section applies by virtue of paragraph (c) or (d) of subsection (1)—

(a) subsections (6) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders; and

(b) section 1CA applies for the purposes of the variation or discharge of an order under this section as it applies for the purposes of the variation or discharge of an order under section 1C.]]

Textual Amendments

F55 S. 1D inserted (2.12.2002 in relation to s. 1D(1)(a)(2)-(5), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), ss. 65(1), 108(2); S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

F56 S. 1D(1)(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(6), 178(8); S.I. 2005/1521, art. 3(1)(s)

F57 Words in s. 1D(4)(c) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(7), 178(8); S.I. 2005/1521, art. 3(1)(s)

F58 Words in s. 1D(5) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(8), 178(8); S.I. 2005/1521, art. 3(1)(s)

F59 S. 1D(6) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(9), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F60 1E Consultation requirements E+W

(1) This section applies to—

(a) applications for an anti-social behaviour order; and

(b) applications for an order under section 1B.

(2) Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

(3) Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.

(4) Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a) the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and

(b) the chief officer of police of the police force maintained for the police area within which that local government area lies.

[F61 (5) Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts.]]

Textual Amendments

F60 S. 1E inserted (2.12.2002 in relation to s. 1E(1)(a)(2)-(4), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), s. 66; S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

F61 S. 1E(5) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(7), 93(1); S.I. 2003/3300, art. 2(f)(i)

[F62 1F Contracting out of local authority functions E+W

(1) The Secretary of State may by order provide that a relevant authority which is a local authority may make arrangements with a person specified (or of a description specified) in the order for the exercise of any function it has under sections 1 to 1E above—

(a) by such a person, or

(b) by an employee of his.

(2) The order may provide—

(a) that the power of the relevant authority to make the arrangements is subject to such conditions as are specified in the order;

(b) that the arrangements must be subject to such conditions as are so specified;

(c) that the arrangements may be made subject to such other conditions as the relevant authority thinks appropriate.

(3) The order may provide that the arrangements may authorise the exercise of the function—

(a) either wholly or to such extent as may be specified in the order or arrangements;

(b) either generally or in such cases or areas as may be so specified.

(4) An order may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970.

(5) The Secretary of State must not make an order under this section unless he first consults—

(a) the National Assembly for Wales, if the order relates to a relevant authority in Wales;

(b) such representatives of local government as he thinks appropriate;

(c) such other persons as he thinks appropriate.

(6) Any arrangements made by a relevant authority in pursuance of an order under this section do not prevent the relevant authority from exercising the function to which the arrangements relate.

(7) The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act—

(a) section 72 (effect of contracting out);

(b) section 73 (termination of contracting out);

(c) section 75 and Schedule 15 (provision relating to disclosure of information);

(d) paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).

(8) For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function must be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section.

(9) Relevant authorities and any person with whom arrangements are made in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section.

(10) An order under this section may make different provision for different purposes.

(11) An order under this section may contain—

(a) such consequential, supplemental or incidental provisions (including provision modifying any enactment), or

(b) such transitional provisions or savings,

as the person making the order thinks appropriate.

(12) Each of the following is a local authority—

(a) a local authority within the meaning of section 270 of the Local Government Act 1972;

(b) the Common Council of the City of London;

(c) the Council of the Isles of Scilly.]

Textual Amendments

F62 S. 1F inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F63 1G Intervention orders E+W

(1) This section applies if, in relation to a person who has attained the age of 18, a relevant authority—

(a) makes an application for an anti-social behaviour order or an order under section 1B above (the behaviour order),

(b) has obtained from an appropriately qualified person a report relating to the effect on the person's behaviour of the misuse of controlled drugs or of such other factors as the Secretary of State by order prescribes, and

(c) has engaged in consultation with such persons as the Secretary of State by order prescribes for the purpose of ascertaining that, if the report recommends that an order under this section is made, appropriate activities will be available.

(2) The relevant authority may make an application to the court which is considering the application for the behaviour order for an order under this section (an intervention order).

(3) If the court—

(a) makes the behaviour order, and

(b) is satisfied that the relevant conditions are met,

it may also make an intervention order.

(4) The relevant conditions are—

(a) that an intervention order is desirable in the interests of preventing a repetition of the behaviour which led to the behaviour order being made (trigger behaviour);

(b) that appropriate activities relating to the trigger behaviour or its cause are available for the defendant;

(c) that the defendant is not (at the time the intervention order is made) subject to another intervention order or to any other treatment relating to the trigger behaviour or its cause (whether on a voluntary basis or by virtue of a requirement imposed in pursuance of any enactment);

(d) that the court has been notified by the Secretary of State that arrangements for implementing intervention orders are available in the area in which it appears that the defendant resides or will reside and the notice has not been withdrawn.

(5) An intervention order is an order which—

(a) requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order, and

(b) requires the defendant to comply with any directions given by a person authorised to do so under the order with a view to the implementation of the requirements under paragraph (a) above.

(6) An intervention order or directions given under the order may require the defendant—

(a) to participate in the activities specified in the requirement or directions at a time or times so specified;

(b) to present himself to a person or persons so specified at a time or times so specified.

(7) Requirements included in, or directions given under, an intervention order must, as far as practicable, be such as to avoid—

(a) any conflict with the defendant's religious beliefs, and

(b) any interference with the times (if any) at which he normally works or attends an educational establishment.

(8) If the defendant fails to comply with a requirement included in or a direction given under an intervention order, the person responsible for the provision or supervision of appropriate activities under the order must inform the relevant authority of that fact.

(9) The person responsible for the provision or supervision of appropriate activities is a person of such description as is prescribed by order made by the Secretary of State.

(10) In this section—

• “appropriate activities” means such activities, or activities of such a description, as are prescribed by order made by the Secretary of State for the purposes of this section;

• “appropriately qualified person” means a person who has such qualifications or experience as the Secretary of State by order prescribes;

• “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;

• “relevant authority” means a relevant authority for the purposes of section 1 above.

(11) An order under this section made by the Secretary of State may make different provision for different purposes.

(12) This section and section 1H below apply to a person in respect of whom a behaviour order has been made subject to the following modifications—

(a) in subsection (1) above paragraph (a) must be ignored;

(b) in subsection (2) above, for “is considering the application for” substitute made;

(c) in subsection (3) above paragraph (a), the word “and” following it and the word “also” must be ignored.

Textual Amendments

F63 Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

1H Intervention orders: explanation, breach, amendment etc. E+W

(1) Before making an intervention order the court must explain to the defendant in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it,

(b) the consequences which may follow (under subsection (3) below) if he fails to comply with any of those requirements, and

(c) that the court has power (under subsection (5) below) to review the order on the application either of the defendant or of the relevant authority.

(2) The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—

(a) prescribe cases in which subsection (1) does not apply, and

(b) prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.

(3) If a person in respect of whom an intervention order is made fails without reasonable excuse to comply with any requirement included in the order he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) If the behaviour order as a result of which an intervention order is made ceases to have effect, the intervention order (if it has not previously ceased to have effect) ceases to have effect when the behaviour order does.

(5) On an application made by—

(a) a person subject to an intervention order, or

(b) the relevant authority,

the court which made the intervention order may vary or discharge it by a further order.

(6) An application under subsection (5) made to a magistrates' court must be made by complaint.

(7) If the behaviour order as a result of which an intervention order was made is varied, the court varying the behaviour order may by a further order vary or discharge the intervention order.

(8) Expressions used in this section and in section 1G have the same meaning in this section as in that section.]

Textual Amendments

F63 Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

[F64 1I Special measures for witnesses E+W

(1) This section applies to the following proceedings—

(a) any proceedings in a magistrates' court on an application for an anti-social behaviour order,

(b) any proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make an order under section 1C, and

(c) any proceedings in a magistrates' court so far as relating to the issue whether to make an order under section 1D.

(2) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (3) (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(3) The provisions are—

(a) section 17(4),

(b) section 21(1)(b) and (5) to (7),

(c) section 22(1)(b) and (2)(b) and (c),

(d) section 27(10), and

(e) section 32.

(4) Any rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act shall apply in relation to proceedings to which this section applies—

(a) to such extent as may be provided by rules of court, and

(b) subject to such modifications as may be so provided.

(5) Section 47 of that Act (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—

(a) a direction under section 19 of the Act as applied by this section, or

(b) a direction discharging or varying such a direction,

and sections 49 and 51 of that Act (offences) apply accordingly.]

Textual Amendments

F64 S. 1I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s)

[F65 1J Review of orders under sections 1, 1B and 1C E+W

(1) This section applies where—

(a) an anti-social behaviour order,

(b) an order under section 1B, or

(c) an order under section 1C,

has been made in respect of a person under the age of 17.

(2) If—

(a) the person subject to the order will be under the age of 18 at the end of a period specified in subsection (3) (a “review period”), and

(b) the term of the order runs until the end of that period or beyond,

then before the end of that period a review of the operation of the order shall be carried out.

(3) The review periods are—

(a) the period of 12 months beginning with—

(i) the day on which the order was made, or

(ii) if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them);

(b) a period of 12 months beginning with—

(i) the day after the end of the previous review period, or

(ii) if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them).

(4) In subsection (3) “supplemental order” means—

(a) a further order varying the order in question;

(b) an individual support order made in relation to the order in question on an application under section 1AA(1A).

(5) Subsection (2) does not apply in relation to any review period if the order is discharged before the end of that period.

(6) A review under this section shall include consideration of—

(a) the extent to which the person subject to the order has complied with it;

(b) the adequacy of any support available to the person to help him comply with it;

(c) any matters relevant to the question whether an application should be made for the order to be varied or discharged.

(7) Those carrying out or participating in a review under this section shall have regard to any guidance issued by the Secretary of State when considering—

(a) how the review should be carried out;

(b) what particular matters should be dealt with by the review;

(c) what action (if any) it would be appropriate to take in consequence of the findings of the review.

Textual Amendments

F65 Ss. 1J, 1K inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(1), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

1K Responsibility for, and participation in, reviews under section 1J E+W

(1) A review under section 1J of an anti-social behaviour order or an order under section 1B shall be carried out by the relevant authority that applied for the order.

(2) A review under section 1J of an order under section 1C shall be carried out—

(a) (except where paragraph (b) applies) by the appropriate chief officer of police;

(b) where a relevant authority is specified under section 1C(9ZA), by that authority.

(3) A local authority, in carrying out a review under section 1J, shall act in co-operation with the appropriate chief officer of police; and it shall be the duty of that chief officer to co-operate in the carrying out of the review.

(4) The chief officer of police of a police force, in carrying out a review under section 1J, shall act in co-operation with the appropriate local authority; and it shall be the duty of that local authority to co-operate in the carrying out of the review.

(5) A relevant authority other than a local authority or chief officer of police, in carrying out a review under section 1J, shall act in co-operation with—

(a) the appropriate local authority, and

(b) the appropriate chief officer of police;

and it shall be the duty of that local authority and that chief officer to co-operate in the carrying out of the review.

(6) A chief officer of police or other relevant authority carrying out a review under section 1J may invite the participation in the review of a person or body not required by subsection (3), (4) or (5) to co-operate in the carrying out of the review.

(7) In this section—

• “the appropriate chief officer of police” means the chief officer of police of the police force maintained for the police area in which the person subject to the order resides or appears to reside;

• “the appropriate local authority” means the council for the local government area (within the meaning given in section 1(12)) in which the person subject to the order resides or appears to reside.]

Textual Amendments

F65 Ss. 1J, 1K inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(1), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

2 Sex offender orders. E+W

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 S. 2 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[F67 2A Interim orders: sex offenders E+W

F68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F67 S. 2A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(1); S.I. 2002/2750, art. 2(a)(viii)

F68 S. 2A repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[F69 2B Sex offender orders made in Scotland or Northern Ireland E+W

F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F69 S. 2B inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 69; S.I. 2002/2750, art. 2(a)(viii)

F70 S. 2B repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

3 Sex offender orders: supplemental. E+W

F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 S. 3 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

4 Appeals against orders. E+W

(1) An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F72 , an individual support order][F73 , an order under section 1D above,]F74 . . . .

(2) On such an appeal the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(3) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) [F75 , 1AB(6)]F74 . . . be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

Textual Amendments

F72 Words in s. 4(1) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F73 Words in s. 4(1) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 65(2); S.I. 2002/2750, art. 2(a)(vii)

F74 Words in s. 4(1)(3) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(3), Sch. 7; S.I. 2004/874, art. 2

F75 Words in s. 4(3) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Commencement Information

I1 S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5

Crime and disorder strategies E+W

5 Authorities responsible for strategies. E+W

(1) Subject to the provisions of this section, the functions conferred by [F76 or under] section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—

(a) the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; [F77 and]

[F78 (aa) every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to be a responsible authority under this section;]

(b) every chief officer of police any part of whose police area lies within the area.

[F79 (c) every police authority any part of whose police area so lies;

(d) every [F80 fire and rescue authority] any part of whose area so lies;

(e) if the local government area is in England, every Primary Care Trust the whole or any part of whose area so lies; and

(f) if the local government area is in Wales, every [F81 Local Health Board] the whole or any part of whose area so lies.]

[F82 (1A) The Secretary of State may by order provide in relation to any two or more local government areas in England—

(a) that the functions conferred [F83 by or under section 6 or by section 7] below are to be carried out in relation to those areas taken together as if they constituted only one area; and

(b) that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.

(1B) The Secretary of State shall not make an order under subsection (1A) above unless—

(a) an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and

(b) he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs [F84 , alcohol and other substances][F85 or of reducing re-offending], to make the order.]

[F86 (1C) An order under subsection (1A) above—

(a) may require the councils for the local government areas in question to appoint a joint committee of those councils (the “joint crime and disorder committee”) and to arrange for crime and disorder scrutiny functions in relation to any (or all) of those councils to be exercisable by that committee;

(b) may make provision applying any of the relevant provisions, with or without modifications, in relation to a joint crime and disorder committee.

(1D) In subsection (1C)—

• “crime and disorder scrutiny functions”, in relation to a council, means functions that are, or, but for an order under subsection (1A) above, would be, exercisable by the crime and disorder committee of the council under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters);

• “the relevant provisions” means—

  (a)

  section 19 of the Police and Justice Act 2006;

  (b)

  section 20 of that Act and any regulations made under that section;

  (c)

  Schedule 8 to that Act;

  (d)

  section 21 of the Local Government Act 2000.]

(2) In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely—

[F87 (b) every local probation board any part of whose area lies within the area;

[F88 (ba) every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to co-operate under this subsection with the responsible authorities;]]

(c) every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection

[F89 ; and

(d) where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]

and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.

(3) The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection [F90 and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.]

(4) In this section and sections 6 and 7 below “local government area” means—

(a) in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

(b) in relation to Wales, each county or county borough.

[F91 (5) In this section—

• [F92 “fire and rescue authority” means—

  (a)

  a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

  (b)

  a metropolitan county fire and civil defence authority; or

  (c)

  the London Fire and Emergency Planning Authority;] and

• “police authority” means—

  (a)

  any police authority established under section 3 of the Police Act 1996 (c. 16); or

  (b)

  the Metropolitan Police Authority.]

[F93 (6) The appropriate national authority may by order amend this section by—

(a) adding an entry for any person or body to the list of authorities in subsection (1),

(b) altering or repealing an entry for the time being included in the list, or

(c) adding, altering or repealing provisions for the interpretation of entries in the list.

(7) In this section the “appropriate national authority”, in relation to a person or body, means—

(a) the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;

(b) the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and

(c) the Secretary of State, if none of the functions of the person or body are devolved Welsh functions.

(8) In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.]

Textual Amendments

F76 Words in s. 5(1) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F77 Word at the end of s. 5(1) repealed (30.4.2004 for E. and otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2004/913, art. 3

F78 S. 5(1)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(2), 116(1); S.I. 2010/507, art. 5(p)

F79 S. 5(1)(c)-(f) inserted (1.4.2003 for W., 1.4.2003 for E. in relation to s. 5(1)(c)(d), and 30.4.2004 for E. otherwise) by Police Reform Act 2002 (c. 30), ss. 97(2), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j); S.I. 2004/913, art. 3(a)

F80 Words in s. 5(1)(d) substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(a); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

F81 Words in s. 5(1)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(a)

F82 S. 5(1A)(1B) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(3), 108(2)(4); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

F83 Words in s. 5(1A)(a) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F84 Words in s. 5(1B)(b) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F85 Words in s. 5(1B)(b) inserted (1.4.2010 ) by Policing and Crime Act 2009 (c. 26), ss. 108(3), 116(1); S.I. 2010/507, art. 5(p)

F86 S. 5(1C)(1D) inserted (30.4.2009 for E., otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 21, 53(1)(a); S.I. 2009/936, art. 2(c)

F87 S. 5(2)(b) substituted for s. 5(2)(a)(b) (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

F88 S. 5(2)(ba) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(2)

F89 S. 5(2)(d) and preceding word inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

F90 Words in s. 5(3) inserted (1.4.2003 for W. and 23.2.2004 for E.) by Police Reform Act 2002 (c. 30), ss. 97(5), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/119, art. 2

F91 S. 5(5) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 97(6), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j)

F92 S. 5(5): definition of "fire authority" substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(b); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

F93 S. 5(6)-(8) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(5); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

Modifications etc. (not altering text)

C3 S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C4 S. 5(1) modified (1.4.2003 for W. and 30.4.2004 for E.) by Police Reform Act 2002 (c. 30), ss. {s. 97(15)}, 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/913, art. 3(a)

C5 S. 5 modified (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19(10), 53(1)(a), Sch. 8 para. 11(2); S.I. 2009/936, art. 2(d); S.I. 2009/2540, art. 2(c)

Commencement Information

I2 S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Yn ddilys o 16/01/2012

[F94 5A Combination agreements: further provision E+W

(1) A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.

(2) The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—

(a) reducing crime and disorder;

(b) reducing re-offending;

(c) combating the misuse of drugs, alcohol and other substances.

(3) Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.

(4) The combination agreement must include arrangements for securing effective and efficient co-operation—

(a) between each of the relevant local policing bodies in relation to the combined area, and

(b) between the responsible authorities for the area and those relevant local policing bodies.

(5) The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).

(6) The Secretary of State may enter into the agreement only if the Secretary of State—

(a) considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and

(b) is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.

(7) A combination agreement—

(a) must be in writing, and

(b) may be varied by a further combination agreement.

(8) A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.

(9) In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.]

Textual Amendments

F94 S. 5A inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 3; S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[F95 6 Formulation and implementation of strategies. E+W

(1) The responsible authorities for a local government area shall, in accordance with section 5 and with regulations made under subsection (2), formulate and implement—

(a) a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and

(b) a strategy for combatting the misuse of drugs, alcohol and other substances in the area [F96 ; and

(c) a strategy for the reduction of re-offending in the area].

(2) The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section.

(3) Regulations under subsection (2) may in particular make provision for or in connection with—

(a) the time by which a strategy must be prepared and the period to which it is to relate;

(b) the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation);

(c) the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy;

(d) matters to which regard must be had in formulating and implementing a strategy;

(e) objectives to be addressed in a strategy and performance targets in respect of those objectives;

(f) the sharing of information between responsible authorities;

(g) the publication and dissemination of a strategy;

(h) the preparation of reports on the implementation of a strategy.

(4) The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities.

(5) The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy.

(6) Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)—

(a) the reduction of crime or disorder of a particular description; or

(b) the combatting of a particular description of misuse of drugs, alcohol or other substances.

(7) Regulations under this section may make—

(a) different provision for different local government areas;

(b) supplementary or incidental provision.

(8) For the purposes of this section any reference to the implementation of a strategy includes—

(a) keeping it under review for the purposes of monitoring its effectiveness; and

(b) making any changes to it that appear necessary or expedient.

(9) In this section the “appropriate national authority” is—

(a) the Secretary of State, in relation to strategies for areas in England;

(b) the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales;

(c) the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder [F97 or re-offending] in areas in Wales.]

Textual Amendments

F95 S. 6 substituted for ss. 6, 6A (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 3; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F96 S. 6(1)(c) and preceding word inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(4), 116(1); S.I. 2010/507, arts. 3, 5(p)

F97 Words in s. 6(9)(c) inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(5), 116(1); S.I. 2010/507, arts. 3, 5(p)

[F98 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Supplemental. E+W

(1) The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.

(2) A requirement under subsection (1) above may specify the form in which a report is to be given.

(3) The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.

Commencement Information

I3 S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Youth crime and disorder E+W

8 Parenting orders. E+W

(1) This section applies where, in any court proceedings—

(a) a child safety order is made in respect of a child [F99 or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order];

[F100 (aa) a parental compensation order is made in relation to a child's behaviour;]

(b) an anti-social behaviour order or [F101 sexual offences prevention order] is made in respect of a child or young person;

(c) a child or young person is convicted of an offence; or

(d) a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M1 Education Act 1996.

(2) Subject to subsection (3) and section 9(1) below F102 . . . , if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).

(3) A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

[F103 (4) A parenting order is an order which requires the parent—

(a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b) subject to subsection (5) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(5) A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.]

(6) The relevant condition is that the parenting order would be desirable in the interests of preventing—

(a) in a case falling within paragraph (a) [F104 , (aa)] or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, [F105 parental compensation order,] anti-social behaviour order or [F101 sexual offences prevention order] being made;

(b) in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;

(c) in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M2 Education Act 1996.

(7) The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.

[F106 (7A) A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—

(a) that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing any such repetition or, as the case may be, the commission of any such further offence, and

(b) that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.]

(8) In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

(a) [F107 an officer of a local probation board][F108 or an officer of a provider of probation services];

(b) a social worker of a local authority F109 . . . ; and

[F110 (bb) a person nominated by [F111 a person appointed as director of children’s services under section 18 of the Children Act 2004 or by] a person appointed as chief education officer under section 532 of the M3 Education Act 1996]

(c) a member of a youth offending team.

[F112 (9) In this section “sexual offences prevention order” means an order under section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).]

Textual Amendments

F99 Words in s. 8(1)(a) inserted (1.3.2005) by Children Act 2004 (c. 31), ss. 60(2), 67(7)(h); S.I. 2005/394, art. 2(1)(j)

F100 S. 8(1)(aa) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(2); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F101 Words in s. 8(1)(b)(6)(a) substituted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 60(2)(a), 66(2)(d) (with s. 60(4))

F102 Words in s. 8(2) omitted (27.2.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 1; S.I. 2004/81, art. 5(2)(d) (and those same words repealed (15.12.2004) by Pt. 12 of Sch. 37 to that Act; S.I. 2004/3033, art. 3(2)(e)(ii)(cc))

F103 S. 8(4)(5) substituted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 18(2), 93(1); S.I. 2003/3300, art. 3(a)(i)

F104 Words in s. 8(6)(a) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(3)(a); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F105 Words in s. 8(6)(a) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(3)(b); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F106 S. 8(7A) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 18(3), 93(1); S.I. 2003/3300, art. 3(a)(i)

F107 Words in s. 8(8)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F108 Words in s. 8(8)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(3)

F109 Words in s. 8(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F110 S. 8(8)(bb) inserted (1.4.2001) by 2000 c. 43, s. 73; S.I. 2001/919, art. 2(d)

F111 Words in s. 8(8)(bb) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(2); S.I. 2007/1792, art. 2

F112 S. 8(9) inserted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 60(2)(b), 66(2)(d) (with s. 60(4))

Modifications etc. (not altering text)

C6 S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

C7 S. 8(3)(8) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9D(7) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I4 S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1996 c.56.

M2 1996 c.56.

M3 1996 c. 56.

9 Parenting orders: supplemental. E+W

(1) Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—

(a) if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and

(b) if it is not so satisfied, shall state in open court that it is not and why it is not.

[F113 (1A) The requirements of subsection (1) do not apply where the court makes a referral order in respect of the offence.]

[F114 (1B) If an anti-social behaviour order is made in respect of a person under the age of 16 the court which makes the order—

(a) must make a parenting order if it is satisfied that the relevant condition is fulfilled;

(b) if it is not so satisfied, must state in open court that it is not and why it is not.]

(2) Before making a parenting order—

(a) in a case falling within paragraph (a) of subsection (1) of section 8 above;

(b) in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or

(c) in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,

a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.

[F115 (2A) In a case where a court proposes to make both a referral order in respect of a child or young person convicted of an offence and a parenting order, before making the parenting order the court shall obtain and consider a report by an appropriate officer—

(a) indicating the requirements proposed by that officer to be included in the parenting order;

(b) indicating the reasons why he considers those requirements would be desirable in the interests of preventing the commission of any further offence by the child or young person; and

(c) if the child or young person is aged under 16, containing the information required by subsection (2) above.

(2B) In subsection (2A) above “an appropriate officer” means—

(a) an officer of a local probation board [F116 or an officer of a provider of probation services];

(b) a social worker of a local authority F117 . . . ; or

(c) a member of a youth offending team.]

(3) Before making a parenting order, a court shall explain to the parent in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and

(c) that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.

(4) Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—

(a) any conflict with the parent’s religious beliefs; and

(b) any interference with the times, if any, at which he normally works or attends an educational establishment.

(5) If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6) Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7) If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F118 (7A) In this section “referral order” means an order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of offender to youth offender panel).]

Textual Amendments

F113 S. 9(1A) substituted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 2(2); S.I. 2004/81, art. 5(2)(d)

F114 S. 9(1B) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(8), 93(1) (with s. 84); S.I. 2003/3300, art. 3(c)

F115 S. 9(2A)(2B) inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 2(3); S.I. 2004/81, art. 5(2)(d)

F116 Words in s. 9(2B)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(4)

F117 Words in s. 9(2B)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F118 S. 9(7A) inserted (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 2(4); S.I. 2004/81, art. 5(2)(d)

Modifications etc. (not altering text)

C8 S. 9(3)-(7) applied (27.2.2004 for E. and 11.5.2006 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 21(3), 93(1); S.I. 2003/3300, art. 4(c); S.I. 2006/1278, art. 2

C9 S. 9(3)-(7) applied (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 27(3), 93(1); S.I. 2003/3300, art. 3(a)(iii)

C10 S. 9(3)-(7) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9D(7) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I5 S. 9 wholly in force; S. 9 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

10 Appeals against parenting orders. E+W

(1) An appeal shall lie—

(a) to [F119 a county court ] against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and

(b) to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.

(2) On an appeal under subsection (1) above [F119 a county court ] or the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(3) Any order of [F119 a county court ] or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of [F119 a county court ] or the Crown Court.

(4) A person in respect of whom a parenting order is made by virtue of section 8(1)(c) above shall have the same right of appeal against the making of the order as if—

(a) the offence that led to the making of the order were an offence committed by him; and

(b) the order were a sentence passed on him for the offence.

(5) A person in respect of whom a parenting order is made by virtue of section 8(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.

(6) The Lord Chancellor may [F120 , with the concurrence of the Lord Chief Justice,] by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the M4 Children Act 1989 (“the 1989 Act”).

(7) Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.

[F121 (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F119 Words in s. 10 substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 9(2) (with art. 18)

F120 Words in s. 10(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 148(1), 15, Sch. 4 para. 277(2); S.I. 2006/1014 {art. 2(a)}, Sch. 1 para. 11(v)

F121 S. 10(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 148(1), 15, Sch. 4 para. 277(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v)

Modifications etc. (not altering text)

C11 S. 10(2)(3) applied (27.2.2004 for E. and 11.5.2006 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 22(2), 93(1); S.I. 2003/3300, art. 4(d); S.I. 2006/1278 {art. 2}

C12 S. 10(2)(3) applied (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 28(2), 93(1); S.I. 2003/3300, art. 3(a)(iii)

C13 S. 10(2)(3) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9E(2) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I6 S. 10 wholly in force at 1.6.2000; S. 10 not in force at Royal Assent see s. 121; S. 10(1)-(5) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 10(6)(7) in force at 1.6.2000 by S.I. 2000/924, art. 5

Marginal Citations

M4 1989 c.41.

11 Child safety orders. E+W

(1) Subject to subsection (2) below, if a magistrates’ court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—

(a) places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and

(b) requires the child to comply with such requirements as are so specified.

(2) A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

(3) The conditions are—

(a) that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;

(b) that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;

(c) F122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(4) The maximum period permitted for the purposes of subsection (1)(a) above is [F123 twelve months].

(5) The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—

(a) securing that the child receives appropriate care, protection and support and is subject to proper control; or

(b) preventing any repetition of the kind of behaviour which led to the child safety order being made.

(6) Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act or section 65 of the M5 Magistrates’ Courts Act 1980 (“the 1980 Act”); and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.

(7) In this section “local authority” has the same meaning as in the 1989 Act.

(8) In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—

(a) a social worker of a local authority F124 . . . ; and

(b) a member of a youth offending team.

Textual Amendments

F122 S. 11(3)(c) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13

F123 Words in s. 11(4) substituted (1.3.2005) by Children Act 2004 (c. 31), ss. 60(3), 67(7)(h); S.I. 2005/394, art. 2(1)(j)

F124 Words in s. 11(8)(a) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Commencement Information

I7 S. 11 wholly in force; S. 11 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M5 1980 c.43.

12 Child safety orders: supplemental. E+W

(1) Before making a child safety order, a magistrates’ court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.

(2) Before making a child safety order, a magistrates’ court shall explain to the parent or guardian of the child in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and

(c) that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.

(3) Requirements included in a child safety order shall, as far as practicable, be such as to avoid—

(a) any conflict with the parent’s religious beliefs; and

(b) any interference with the times, if any, at which the child normally attends school.

(4) If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(5) Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(6) Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates’ court [F125 acting in the same local justice area], on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

(a) F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may make an order varying the order—

(i) by cancelling any provision included in it; or

(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(7) F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 Words in s. 12(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 57

F126 S. 12(6)(a)(7) repealed (1.3.2005) by Children Act 2004 (c. 31), ss. 60(4) , 67(7)(h), Sch. 5 Pt. 6, Note; S.I. 2005/394, art. 2(1)(j)

Commencement Information

I8 S. 12 wholly in force; S. 12 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

13 Appeals against child safety orders. E+W

(1) An appeal shall lie to [F127 a county court ] against the making by a magistrates’ court of a child safety order; and on such an appeal [F127 a county court ]—

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(2) Any order of [F127 a county court ] made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (4) to (6) of section 12 above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of [F127 a county court].

(3) Subsections (6) and (7) of section 10 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.

Textual Amendments

F127 Words in s. 13 substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (2009 SI0871), {art. 9(3)} (with art. 18)

Commencement Information

I9 S. 13 wholly in force at 1.6.2000; S. 13 not in force at Royal Assent see s. 121; S. 13(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 13(3) in force at 1.6.2000 by S.I. 2000/924, art. 5

[F128 13A Parental compensation orders E+W

(1) A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—

(a) that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and

(b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

(2) The condition is that the child has taken, or caused loss of or damage to, property in the course of—

(a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or

(b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

(4) The amount of compensation specified may not exceed £5,000 in all.

(5) The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.

(6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

(7) In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

Textual Amendments

F128 Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13B Parental compensation orders: the compensation E+W

(1) When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—

(a) the value of the property taken or damaged, or whose loss was caused, by the child;

(b) any further loss which flowed from the taking of or damage to the property, or from its loss;

(c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

(d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

(e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

(f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

(2) If property taken is recovered before compensation is ordered to be paid in respect of it—

(a) the court shall not order any such compensation to be payable in respect of it if it is not damaged;

(b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

(3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

(4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his financial circumstances as the court may require.

(5) A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If, in providing a statement of his financial circumstances pursuant to an order under subsection (4) above, a person—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly provides a statement which is false in a material particular; or

(c) knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.

Textual Amendments

F128 Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13C Parental compensation orders: supplemental E+W

(1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

(2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (4)(b) below) as a result of failure to comply with any of those requirements;

(c) that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority.

(4) A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—

(a) it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or

(b) it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

(5) An order under this subsection is an order discharging the parental compensation order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6) Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7) References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

Textual Amendments

F128 Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13D Parental compensation orders: appeal E+W

(1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

(2) The appeal lies to the Crown Court.

(3) On the appeal the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal;

(b) may also make such incidental or consequential orders as appear to it to be just.

(4) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.

(5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

Textual Amendments

F128 Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13E Effect of parental compensation order on subsequent award of damages in civil proceedings E+W

(1) This section has effect where—

(a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

(a) any amount by which they exceed the compensation; and

(b) a sum equal to any portion of the compensation which he fails to recover.

(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.]

Textual Amendments

F128 Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

14 Local child curfew schemes. E+W

F129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 S. 14 repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6)(a), Sch. 7 para. 134(2), Sch. 8 Pt. 13

15 Contravention of curfew notices. E+W

F130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 S. 15 repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6)(a), Sch. 7 para. 134(2), Sch. 8 Pt. 13

16 Removal of truants [F131 and excluded pupils] to designated premises etc. E+W

(1) This section applies where a local authority—

(a) designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and

(b) notifies the chief officer of police for that area of the designation.

(2) A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by [F132 subsections (3) and (3ZA)] below—

(a) shall be exercisable as respects any area falling within the police area and specified in the direction; and

(b) shall be so exercisable during a period so specified;

and references in [F133 each of those subsections] to a specified area and a specified period shall be construed accordingly.

(3) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—

(a) is of compulsory school age; and

(b) is absent from a school without lawful authority,

the constable may remove the child or young person to designated premises, or to the school from which he is so absent.

[F134 (3ZA) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

(a) is of compulsory school age,

(b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

(c) remains excluded from that school,

(d) has not subsequently been admitted as a pupil to any other school, and

(e) has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.]

[F135 (3A) Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.]

[F136 (3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.]

(4) A child’s or young person’s absence from a school shall be taken to be without lawful authority [F137 unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996].

(5) In this section—

• [F138 “British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

• “local authority” means—

  (a)

  in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;

  (b)

  in relation to Wales, a county council or a county borough council;

• F139 . . .

• “public place” has the same meaning as in [F140 Part 2 of the Public Order Act 1986];

• [F141 “relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;]

• “school” has the same meaning as in the M6 Education Act 1996.

Textual Amendments

F131 Words in s. 16 heading inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(6), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F132 Words in s. 16(2) inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(2)(a), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F133 Words in s. 16(2) substituted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(2)(b), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F134 S. 16(3ZA) inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(3), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F135 S. 16(3A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(c)

F136 S. 16(3B) inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(4), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F137 Words in s. 16(4) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(10), 188(1)

F138 S. 16(5): definition of "British Transport Police" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a); S.I. 2002/2306, art. 2(d)(vii); and that definition ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(b)(2)(j); S.I. 2004/1572, art. 3(jjj)

F139 S. 16(5): definition of "policed premises" repealed (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(d)

F140 S. 16(5): words in definition of "public place" substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 134(3)

F141 S. 16(5): definition of "relevant school" inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(5), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

Modifications etc. (not altering text)

C14 S. 16 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73(1), 120(1), Sch. 5 para. 4(1)(a)(2)(j); S.I. 2004/1572, art. 3(jjj)

Marginal Citations

M6 1996 c.56.

Miscellaneous and supplemental E+W

17 Duty to consider crime and disorder implications. E+W

(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,

[F142 (a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and

(b) the misuse of drugs, alcohol and other substances in its area][F143 ; and

(c) re-offending in its area]

[F144 (2) This section applies to each of the following—

• a local authority;

• a joint authority;

• [F145 a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• the London Fire and Emergency Planning Authority;

• a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• a metropolitan county fire authority;

• a police authority;

• a National Park authority;

• the Broads Authority.

• [F146 the Greater London Authority;

• the London Development Agency;

• Transport for London.]

(3) In this section—

• “local authority” means a local authority within the meaning given by section 270(1) of the M7 Local Government Act 1972 or the Common Council of the City of London;

• “joint authority” has the same meaning as in the M8 Local Government Act 1985;

• “National Park authority” means an authority established under section 63 of the M9 Environment Act 1995.

[F147 (4) The appropriate national authority may by order amend this section by—

(a) adding an entry for any person or body to the list of authorities in subsection (2),

(b) altering or repealing any entry for the time being included in the list, or

(c) adding, altering or repealing provisions for the interpretation of entries in the list.

(5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5.]]]

Textual Amendments

F142 S. 17(1)(a)(b) substituted for words in s. 17(1) (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F143 S. 17(1)(c) and preceding word inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(6), 116(1); S.I. 2010/507, art. 5(p)

F144 S. 17(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F145 Words in s. 17(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 90; S.I. 2009/3318, art. 2(b)(c)

F146 Words in s. 17(2) inserted (15.2.2008) by The Crime and Disorder Act 1998 (Additional Authorities) Order 2008 (S.I. 2008/78), art. 2

F147 S. 17(4)(5) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

Commencement Information

I10 S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M7 1972 c.70.

M8 1985 c.51.

M9 1995 c.25.

[F148 17A Sharing of information E+W

(1) A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

(2) In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

(3) The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

(4) Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of the Data Protection Act 1998).

(5) In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.]

Textual Amendments

F148 S. 17A inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 5; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

18 Interpretation etc. of Chapter I. E+W

(1) In this Chapter—

• “anti-social behaviour order” has the meaning given by section 1(4) above;

• “chief officer of police” has the meaning given by section 101(1) of the M10 Police Act 1996;

• “child safety order” has the meaning given by section 11(1) above;

• F149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F150 “individual support order” has the meaning given by section 1AA(2) above;]

• F149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F151 “parental compensation order” has the meaning given by section 13A(1) above;]

• “parenting order” has the meaning given by section 8(4) above;

• “police area” has the meaning given by section 1(2) of the M11 Police Act 1996;

• “police authority” has the meaning given by section 101(1) of that Act;

• “responsible officer”—

  (za)

  [F152 in relation to an individual support order, has the meaning given by section 1AA(10) above;

  (a)

  in relation to a parenting order, has the meaning given by section 8(8) above;

  (b)

  in relation to a child safety order, has the meaning given by section 11(8) above;

• [F153 “serious harm” shall be construed in accordance with section 224 of the Criminal Justice Act 2003;

• F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where directions under a parenting order are to be given by [F156 an officer of a local probation board], [F156 the officer of a local probation board] shall be an officer appointed for or assigned to the [F157 local justice area] within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

[F158 (3A) Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.]

(4) Where the supervision under a child safety order is to be provided, or directions under [F159 an individual support order or] a parenting order are to be given, by—

(a) a social worker of a local authority F160 . . . ; or

(b) a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that [F161 the child, defendant or parent, as the case may be,] resides or will reside.

(5) For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.]]

Textual Amendments

F149 S. 18(1): definitions of "curfew notice" and "local child curfew scheme" repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(b), Sch. 8 Pt. 13

F150 S. 18(1): definition of "individual support order" inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F151 S. 18(1): definition of "parental compensation order" inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 4; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F152 S. 18(1): in definition of "responsible officer", para. (za) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F153 S. 18(1): definition of "serious harm" inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 88(a); S.I. 2005/950, art. 2, Sch. 1 para. 42(33) (with Sch. 2)

F154 S. 18(1): definition of "sex offender order" repealed (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 60(3), 65, 66(2)(d), Sch. 5

F155 S. 18(2) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336(3), Sch. 32 para. 88(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 paras. 42(33), 44(4)(p) (with Sch. 2)

F156 Words in s. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4; S.I. 2001/919, art. 2(f)(i)

F157 Words in s. 18(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 58

F158 S. 18(3A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(5)

F159 Words in s. 18(4) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(4)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F160 Words in s. 18(4)(a) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F161 Words in s. 18(4) substituted (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 323(4)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Modifications etc. (not altering text)

C15 S. 18(3)(4) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9D(7) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I11 S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M10 1996 c.16.

M11 1996 c.16.

Chapter II S Scotland

19 Anti-social behaviour orders. S

F162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F162 S. 19 repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2), 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1 (with art. 4)

20 Sex offender orders. S

F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163 S. 20 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(4), Sch. 7; S.I. 2004/874, art. 2

21 Procedural provisions with respect to orders. S

F164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F164 S. 21 repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2), 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1 (with art. 4)

[F165 21A Sex offender orders made in England and Wales or Northern Ireland S

F166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F165 S. 21A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 71; S.I. 2002/420, art. 2

F166 S. 21A repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(6), Sch. 7; S.I. 2004/874, art. 2

22 Offences in connection with breach of orders. S

F167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F167 S. 22 repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2), 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1 (with art. 4)

[F168 22A Anti-social behaviour strategies S

F169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F168 S. 22A inserted (prosp.) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 83, 89

F169 S. 22A repealed (28.10.2004) (never in force) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2), 145(2), Sch. 5; S.S.I. 2004/420, art. 3, sch. 1 (with art. 4)

23 Anti-social behaviour as ground of eviction. S

(1) F170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For Ground 15 in Schedule 5 to the M12 Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

“ Ground 15

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

(a) been convicted of—

(i) using or allowing the house to be used for immoral or illegal purposes; or

(ii) an offence punishable by imprisonment committed in, or in the locality of, the house; or

(b) acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or

(c) pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.”

(5) No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the M13 Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M14 Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

Textual Amendments

F170 S. 23(1)-(3) repealed (30.9.2002) by The Housing (Scotland) Act 2001 (asp 10), s. 112, Sch. 10 para. 27; S.S.I. 2002/321, art. 2, Sch. (with arts. 3-5)

Marginal Citations

M12 1988 c.43.

M13 1987 c.26.

M14 1988 c.43.

24 Noise-making equipment: police power of seizure. S

(1) The M15 Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

(2) In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

“(2A) Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.

(2B) A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.

(2C) Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.”

(3) In section 60 (powers of search and seizure)—

(a) in subsection (5)—

(i) after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or ”; and

(ii) for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable ”; and

(b) in subsection (6)—

(i) in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— “to enter and search—

(i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or

(ii) any vehicle or vessel in pursuance of the said subsection (1),”; and

(ii) in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or ”.

(4) After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

Marginal Citations

M15 1982 c.45.

Chapter III E+W+S Great Britain

25 Powers to require removal of masks etc. E+W+S

[F171 (1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M16 Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

“(4A) This section also confers on any constable in uniform power—

(a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.”]

(2) In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above ”.

(3) In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—

“(a) to stop, or to stop a vehicle; or

(b) to remove an item worn by him,”.

Textual Amendments

F171 S. 25(1) repealed (E.W.) (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. 6

Commencement Information

I12 S. 25 wholly in force at 1.3.1999; S. 25 not in force at Royal Assent, see s. 121; S. 25 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commencement of s. 25 omitted (30.8.1998) by virtue of S.I. 1998/2906, art. 2); S. 25 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

M16 1994 c.33.

26 Retention and disposal of things seized. E+W+S

After section 60 of the 1994 Act there shall be inserted the following section—

“60A Retention and disposal of things seized under section 60.

(1) Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section.

(2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3) Regulations under this section may make different provisions for different classes of things or for different circumstances.

(4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I13 S. 26 wholly in force at 1.3.1999; S. 26 not in force at Royal Assent, see s. 121; S. 26 in force at 1.12.1998 for the purpose of making regulations under s. 60A of the Criminal Justice and Public Order Act 1994 by S.I. 1998/2327, art. 4(1) (as amended by 1998/2906, art. 2(3)); S. 26 in force at 1.3.1999 by S.I. 1998/3263, art. 4

27 Power of arrest for failure to comply with requirement. E+W+S

(1) F172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) After section 60A of the 1994 Act there shall be inserted the following section—

“60B Arrest without warrant for offences under section 60: Scotland.

In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.”

Textual Amendments

F172 S. 27(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/3495 art. 2(1)(u)(xlii)

Commencement Information

I14 S. 27 wholly in force at 1.3.1999; S. 27 not in force at Royal Assent, see s. 121; S. 27 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commnecement of s. 27 omitted (30.8.1998) by virtue of 1998/2906, art. 2(2)); S. 27 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Part II U.K. Criminal law

[F173 Racially or religiously aggravated] offences: England and Wales E+W

Textual Amendments

F173 Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)

28 Meaning of “ [F174 racially or religiously aggravated]”. E+W

(1) An offence is [F174 racially or religiously aggravated] for the purposes of sections 29 to 32 below if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F175 racial or religious group]; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a [F175 racial or religious group] based on their membership of that group.

(2) In subsection (1)(a) above—

• “membership”, in relation to a [F175 racial or religious group], includes association with members of that group;

• “presumed” means presumed by the offender.

(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [F176 on any other factor not mentioned in that paragraph.]

(4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

[F177 (5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

Textual Amendments

F174 Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

F175 Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F176 Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F177 S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications etc. (not altering text)

C16 S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

C17 S. 28 applied (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 269(5), 336(2), Sch. 21 para. 2

C18 S. 28 applied (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 145(3), 336(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (with Sch. 2)

C19 S. 28 applied (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 240(4), 383(2) (with ss. 271(1), 385); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

C20 S. 28(2) applied (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 47(2), 93(1); S.I. 2004/690, art. 3(g); S.I. 2004/999, art. 2(g)

Commencement Information

I15 S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

29 [F178 Racially or religiously aggravated] assaults. E+W

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 20 of the Offences Against the M17 Person Act 1861 (malicious wounding or grievous bodily harm);

(b) an offence under section 47 of that Act (actual bodily harm); or

(c) common assault,

which is [F179 racially or religiously aggravated] for the purposes of this section.

(2) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) A person guilty of an offence falling within subsection (1)(c) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Textual Amendments

F178 Words in the sidenote to s. 28 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(a) (with s. 42)

F179 Words in s. 29(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(a) (with s. 42)

Commencement Information

I16 S. 29 wholly in force; S. 29 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M17 1861 c.100.

30 [F180 Racially or religiously aggravated] criminal damage. E+W

(1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the M18 Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [F181 racially or religiously aggravated] for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

(3) For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

Textual Amendments

F180 Words in the sidenote to s. 30 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(b) (with s. 42)

F181 Words in s. 30(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(b) (with s. 42)

Commencement Information

I17 S. 30 wholly in force; S. 30 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M18 1971 c.48.

31 [F182 Racially or religiously aggravated] public order offences. E+W

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 4 of the M19 Public Order Act 1986 (fear or provocation of violence);

(b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or

(c) an offence under section 5 of that Act (harassment, alarm or distress),

which is [F183 racially or religiously aggravated] for the purposes of this section.

(2) F184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

Textual Amendments

F182 Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42)

F183 Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42)

F184 S. 31(2)(3) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178(8), Sch. 7 para. 34, Sch. 17 Pt. 2; S.I. 2005/3495 art. 2(1)(m)(u)(xlii)

Commencement Information

I18 S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M19 1986 c.64.

32 [F185 Racially or religiously aggravated] harassment etc. E+W

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 2 of the M20 Protection from Harassment Act 1997 (offence of harassment); or

(b) an offence under section 4 of that Act (putting people in fear of violence),

which is [F186 racially or religiously aggravated] for the purposes of this section.

(2) F187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person guilty of an offence falling within subsection (1)(a) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4) A person guilty of an offence falling within subsection (1)(b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(5) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7) F188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F185 Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42)

F186 Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42)

F187 S. 32(2) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), s. 107(2), Sch. 8; S.I. 2002/2306, art. 2(g)(iii)(f)

F188 S. 32(7) repealed (30.9.2009) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60, Sch. 10 para. 48, Sch. 11 (with Sch. 12 para. 5(1)); S.I. 2009/2616, art. 2

Commencement Information

I19 S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M20 1997 c.40.

Racially-aggravated offences: Scotland S

33 Racially-aggravated offences. S

After section 50 of the M21 Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—

“ Racially-aggravated harassment S

50A Racially-aggravated harassment.

(1) A person is guilty of an offence under this section if he—

(a) pursues a racially-aggravated course of conduct which amounts to harassment of a person and—

(i) is intended to amount to harassment of that person; or

(ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

(b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

(2) For the purposes of this section a course of conduct or an action is racially aggravated if—

(a) immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or

(b) the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

(3) In subsection (2)(a) above—

• “membership”, in relation to a racial group, includes association with members of that group;

• “presumed” means presumed by the offender.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—

(a) the fact or presumption that any person or group of persons belongs to any religious group; or

(b) any other factor not mentioned in that paragraph.

(5) A person who is guilty of an offence under this section shall—

(a) on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and

(b) on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

(6) In this section—

• “conduct” includes speech;

• “harassment” of a person includes causing the person alarm or distress;

• “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions.”

Commencement Information

I20 S. 33 wholly in force; S. 33 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M21 1995 c.39.

Miscellaneous E+W+N.I.

34 Abolition of rebuttable presumption that a child is doli incapax. E+W

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

Commencement Information

I21 S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

35 Effect of child’s silence at trial. E+W

F189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 S. 35 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

36 Abolition of death penalty for treason and piracy. E+W+N.I.

(1) In section I of the M22 Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”.

(2) In the following enactments, namely—

(a) section II of the M23 Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b) section XII of the M24 Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c) section 3 of the M25 Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d) section I of the M26 Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”.

F190 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 1 of the M27 Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”.

(5) In section 2 of the M28 Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”.

F190 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 S. 36(3)(6) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

Commencement Information

I22 S. 36 wholly in force; s. 36 not in force at Royal Assent, see s. 121; s. 36 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M22 1537 c.7.

M23 1542 c.1.

M24 1560 c.1.

M25 1702 c.21.

M26 1703 c. 5.

M27 1814 c.146.

M28 1837 c.88.

Part III E+W+S Criminal justice system

Youth justice E+W

37 Aim of the youth justice system. E+W

(1) It shall be the principal aim of the youth justice system to prevent offending by children and young persons.

(2) In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

Commencement Information

I23 S. 37 wholly in force; S. 37 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

38 Local provision of youth justice services. E+W

(1) It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

(2) It shall be the duty of—

(a) every chief officer of police or police authority any part of whose police area lies within the local authority’s area;

[F191 (aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007;

(ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority; and]

(b) every [F192 local probation board][F193 , [F194 Strategic Health Authority, ][F195 Local Health Board] or Primary Care Trust] any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(3) The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(4) In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—

(a) the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;

[F196 (aa) the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;]

(b) the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;

[F197 (ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;

(bb) the supervision and rehabilitation of persons to whom such cautions are given;]

(c) the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;

(d) the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the M29 Children and Young Persons Act 1969 (“the 1969 Act”);

(e) the provision of reports or other information required by courts in criminal proceedings against children and young persons;

[F198 (ee) the performance by youth offending teams and members of youth offending teams of functions under sections 25 to 27 of the Anti-social Behaviour Act 2003;]

(f) the provision of persons to act as responsible officers in relation to [F199 individual support orders,] parenting orders, child safety orders, [F200 and reparation orders];

[F201 (fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);

(fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);]

(g) F202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) the supervision of children and young persons sentenced to a detention and training order [F203 (including an order under section 211 of the Armed Forces Act 2006)]F204 . . . ;

(i) the post-release supervision of children and young persons under F205 . . . section 31 of the M30 Crime (Sentences) Act 1997 (“the 1997 Act”) [F206 or by virtue of conditions imposed under section 250 of the Criminal Justice Act 2003];

(j) the performance of functions under subsection (1) of [F207 section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)] by such persons as may be authorised by the Secretary of State under that subsection.

[F208 (k) the implementation of referral orders within the meaning of [F209 the Powers of Criminal Courts (sentencing) Act 2000].]

(5) The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

Textual Amendments

F191 S. 38(2)(aa)(ab) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 3(2); S.I. 2008/504, art. 3(l)

F192 Words in s. 38(2)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 151; S.I. 2001/919, art. 2(f)(ii)

F193 Words in s. 38(2)(b) substituted (8.2.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), arts. 1, 3(1), Sch. 1 para. 35(3)

F194 Words in s. 38(2)(b) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(2)

F195 Words in s. 38(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(b)

F196 S. 38(4)(aa) inserted (16.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 34(2); S.I. 2009/2780 {art. 3}

F197 S. 38(4)(ba)(bb) inserted (16.11.2009 in relation to specified areas, otherwise prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 34(3); S.I. 2009/2780, art. 2(1)(d)

F198 S. 38(4)(ee) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 29(2), 93(1); S.I. 2003/3300, art. 3(a)(iii)

F199 Words in s. 38(4)(f) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(5), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F200 Words in s. 38(4)(f) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153(7), Sch. 4 para. 49(a); S.I. 2009/3074, art. 2(p)(v)

F201 S. 38(4)(fa)(fb) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153(7), Sch. 4 para. 49(b); S.I. 2009/3074, art. 2(p)(v)

F202 S. 38(4)(g) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 149, 153(7), Sch. 4 para. 49(c), Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(p)(v)(u)(xvi)

F203 Words in s. 38(4)(h) inserted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 153; S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F204 Words in s. 38(4)(h) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 149, 153(7), Sch. 4 para. 49(d), Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(p)(v)(u)(xvi)

F205 Words in s. 38(4)(i) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

F206 Words in s. 38(4)(i) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 89(3); S.I. 2005/950, art. 2, Sch. 1 para. 42(33) (with Sch. 2)

F207 Words in s. 38(4)(j) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(a)

F208 S. 38(4)(k) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 28 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2

F209 Words in s. 38(4)(k) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(b)

Commencement Information

I24 S. 38 wholly in force; S. 38 not in force at Royal Assent see s. 121. S. 38(4) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 38(1)-(3)(5) in force at 30.8.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 38 in force at 1.4.2000 by S.I. 2000/924, art. 2

Marginal Citations

M29 1969 c.54.

M30 1997 c.43.

39 Youth offending teams. E+W

(1) Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

(2) Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—

(a) any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and

(b) the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.

(3) It shall be the duty of—

(a) every chief officer of police any part of whose police area lies within the local authority’s area;

[F210 (aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007;

(ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority;] and

(b) every [F211 local probation board][F212 , [F213 Strategic Health Authority, ][F214 Local Health Board] or Primary Care Trust] any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(4) The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(5) A youth offending team shall include at least one of each of the following, namely—

(a) [F215 an officer of a local probation board][F216 or an officer of a provider of probation services];

[F217 (aa) where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;]

(b) [F218 where the local authority is in Wales, a social worker of the] local authority F219 . . . ;

(c) a police officer;

(d) a person nominated by [F220 a Primary Care Trust or] a [F214 Local Health Board] any part of whose area lies within the local authority’s area;

[F221 (da) where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;]

(e) [F222 where the local authority is in Wales,] a person nominated by the chief education officer appointed by the local authority under section 532 of the M31 Education Act 1996.

(6) A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

(7) It shall be the duty of the youth offending team or teams established by a particular local authority—

(a) to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and

(b) to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

Textual Amendments

F210 S. 39(3)(aa)(ab) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 3(3)(a); S.I. 2008/504, art. 3(l)

F211 Words in s. 39(3)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F212 Words in s. 39(3)(b) substituted (8.2.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), arts. 1, 3(1), Sch. 1 para. 35(4)

F213 Words in s. 39(3)(b) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(3)(a)

F214 Words in s. 39(3)(b)(5)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(c)

F215 Words in s. 39(5)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a), (2); S.I. 2001/919, art. 2(f)(i)

F216 Words in s. 39(5)(a) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 3(3)(b); S.I. 2008/504, art. 3(l)

F217 S. 39(5)(aa) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(a); S.I. 2007/1792, art. 2

F218 Words in s. 39(5)(b) substituted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(b); S.I. 2007/1792, art. 2

F219 Words in s. 39(5)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F220 Words in s. 39(5)(d) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt 1 para. 25(3)(b)

F221 S. 39(5)(da) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(c); S.I. 2007/1792, art. 2

F222 Words in s. 39(5)(e) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(d); S.I. 2007/1792, art. 2

Modifications etc. (not altering text)

C21 Ss. 39-42 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(2), Sch. 1 (with art. 5(3))

Commencement Information

I25 S. 39 wholly in force at 1.4.2000; S. 39 not in force at Royal Assent see s. 121; S. 39 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 39 in force at 1.4.2000 insofar as not already in force by S.I. 2000/924, art. 2

Marginal Citations

M31 1996 c.56.

[F223 39A Detention of child or young person: local authorities to be notified E+W

(1) Subsection (2) applies where a youth offending team becomes aware that—

(a) a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

(b) a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

(2) The youth offending team must as soon as practicable notify—

(a) the home local authority, and

(b) the host local authority,

of the place where the child or young person is detained.

(3) Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

(a) subject to a detention order, and

(b) detained in relevant youth accommodation.

(4) The youth offending team must as soon as practicable notify the following authorities of the release—

(a) the home local authority;

(b) the host local authority;

(c) any other local authority in whose area the youth offending team expects the person to live on release.

(5) Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware.

(6) In this section—

• “home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);

• “host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained;

• “local authority”has the meaning given by section 579(1) of the Education Act 1996;

• “young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).]

Textual Amendments

F223 S. 39A inserted (1.9.2010 for E. and 1.4.2011 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 51 (as amended by S.I. 2010/1158, Sch. 2 para. 16(2)(3)(5)), 269(3)(f)(4); S.I. 2010/303, art. 6(1), Sch. 5; S.I. 2011/829, art. 2(c)

40 Youth justice plans. E+W

(1) It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—

(a) how youth justice services in their area are to be provided and funded; and

(b) how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.

(2) In subsection (1) above “the relevant persons and bodies” means the persons and bodies mentioned in section 38(2) above and, where the local authority is a county council, any district councils whose districts form part of its area.

(3) The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular, functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences).

(4) A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

Modifications etc. (not altering text)

C22 S. 40: functions of the local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C23 Ss. 39-42 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(2), Sch. 1 (with art. 5(3))

C24 S. 40(1) disapplied (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(1)

Commencement Information

I26 S. 40 wholly in force at 1.1.2000; S. 40 not in force at Royal Assent see s. 121; S. 40 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 40 in force at 1.1.2000 insofar as not already in force by S.I. 1999/3426, art. 2

41 The Youth Justice Board. E+W

(1) There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”).

(2) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(4) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.

(5) The Board shall have the following functions, namely—

(a) to monitor the operation of the youth justice system and the provision of youth justice services;

(b) to advise the Secretary of State on the following matters, namely—

(i) the operation of that system and the provision of such services;

(ii) how the principal aim of that system might most effectively be pursued;

(iii) the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and

(iv) the steps that might be taken to prevent offending by children and young persons;

(c) to monitor the extent to which that aim is being achieved and any such standards met;

(d) for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;

(e) to publish information so obtained;

(f) to identify, to make known and to promote good practice in the following matters, namely—

(i) the operation of the youth justice system and the provision of youth justice services;

(ii) the prevention of offending by children and young persons; and

(iii) working with children and young persons who are or are at risk of becoming offenders;

(g) to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; F224 . . .

(h) themselves to commission research in connection with such practice.

[F225 (i) to enter into agreements for the provision of—

[F226 (i) [F227 youth detention accommodation], within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of that Act or section 211 or 214 of the Armed Forces Act 2006;

(ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 or 218 of the Armed Forces Act 2006;]

(iii) accommodation which is or may be used for the purpose of detaining persons dealt with under subsection (4)(c) of section 23 of the 1969 Act, as that section has effect in relation to persons described in section 98(1) below;

(iv) accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act;

(v) accommodation which is or may be used for the purpose of detaining persons sentenced when under the age of 18 and before 1st April 2000 to detention in a young offender institution under section 1A of the 1982 Act; and

(vi) accommodation which is or may be used for the purpose of detaining persons subject to secure training orders made before 1st April 2000 under section 1 of the 1994 Act;

but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system;

(j) to facilitate arrangements between the Secretary of State and any person providing—

[F228 (i) [F229 youth detention accommodation], within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining a person in accordance with a determination under section 102(1), 104(3)(a) or 105(2) of that Act or section 214(3) of the Armed Forces Act 2006; or

(ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 210 or 218(3) of the Armed Forces Act 2006;]

[F230 (ja) at the request of the Secretary of State, to assist him in carrying out his functions in relation to the release of offenders detained in accommodation which is youth detention accommodation, within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000;]

(k) to offer assistance to local authorities in discharging their duty under section 61 of the 1991 Act, whether by acting as the agent of a local authority or facilitating arrangements under section 61(2), or otherwise; and

(l) annually—

(i) to assess future demand for secure accommodation for remanded [F231 children and young persons and secure and other accommodation for sentenced children and young persons],

(ii) to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and

(iii) to submit the plan to the Secretary of State for approval.]

(6) The Secretary of State may by order—

(a) amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or

(b) provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.

[F232 (6A) The power of the Secretary of State under subsection (6)(b) includes power—

(a) to provide that, in relation to any function of his that is exercisable in respect of particular cases, the function is to be exercisable by the Board only—

(i) where it proposes to exercise the function in a particular manner, or

(ii) in respect of a class of case specified in the order, and

(b) to make any supplementary, incidental or consequential provision (including provision for any enactment to apply subject to modifications).]

(7) In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.

(8) A relevant authority—

(a) shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and

(b) whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement.

A requirement under paragraph (b) above may specify the form in which a report is to be given.

(9) The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.

(10) In this section “relevant authority” means a local authority, a chief officer of police, a police authority, a [F233 local probation board][F234 a provider of probation services][F235 , [F236 a Strategic Health Authority,] a [F237 Local Health Board] and a Primary Care Trust].

(11) Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

Textual Amendments

F224 Word in s. 41(5)(g) omitted (20.4.2000) by virtue of S.I. 2000/1160, art. 3(a)

F225 S. 41(5)(i)-(k) inserted (20.4.2000) by S.I. 2000/1160, art. 3(b)

F226 S. 41(5)(i)(i)(ii) substituted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 154(a); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F227 Words in s. 41(5)(i)(i) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 16(3); S.I. 2007/3001, art. 2(1)(r)

F228 S. 41(5)(j)(i)(ii) substituted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 154(b); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F229 Words in s. 41(5)(j)(i) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 16(5); S.I. 2007/3001, art. 2(1)(r)

F230 S. 41(5)(ja) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 32(2), 41(1); S.I. 2007/3001, art. 2(1)(i)

F231 Words in s. 41(5)(l)(i) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 16(6); S.I. 2007/3001, art. 2(1)(r)

F232 S. 41(6A) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 32(3), 41(1); S.I. 2007/3001, art. 2(1)(i)

F233 Words in s. 41(10) substituted (1.4.2001) by 2000 c. 43, s. 74, SCh. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F234 Words in s. 41(10) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 3(4); S.I. 2008/504, art. 3(l)

F235 Words in s. 41(10) substituted (8.2.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), arts. 1, 3(1), Sch. 1 para. 35(5)

F236 Words in s. 41(10) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(4)

F237 Words in s. 41(10) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(d)

Modifications etc. (not altering text)

C25 Ss. 39-42 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(2), Sch. 1 (with art. 5(3))

C26 Ss. 39-42 applied (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(3)(b)

Commencement Information

I27 S. 41 wholly in force; s. 41 not in force at Royal Assent, see s. 121. in force at 1.8.1998 for the purposes of making appointments under this section and under paragraph 1 of Sch. 2 by S.I. 1998/1883, art. 2(a). s. 41 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

42 Supplementary provisions. E+W

(1) In the foregoing provisions of this Part and this section—

• “chief officer of police” has the meaning given by section 101(1) of the M32 Police Act 1996;

• “local authority” [F238 (except in section 39A)] means—

  (a)

  in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;

  (b)

  in relation to Wales, a county council or a county borough council;

• “police authority” has the meaning given by section 101(1) of the M33 Police Act 1996;

• “youth justice system” means the system of criminal justice in so far as it relates to children and young persons.

(2) For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.

[F239 (2A) So far as relating to the Isles of Scilly, subsection (2) does not apply for the purposes of section 39A.]

(3) In carrying out any of their duties under those provisions, a local authority, a police authority, a [F240 local probation board][F241 a provider of probation services][F242 , [F243 a Strategic Health Authority,] a [F244 Local Health Board] or a Primary Care Trust] shall act in accordance with any guidance given by the Secretary of State.

Textual Amendments

F238 S. 42(1): words in definition of "local authority" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 5(1), Sch. 2 para. 43(2) (with Sch. 4 para. 3)

F239 S. 42(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 5(1), Sch. 2 para. 43(3) (with Sch. 4 para. 3)

F240 Words in s. 42(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F241 Words in s. 42(3) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 3(4); S.I. 2008/504, art. 3(l)

F242 Words in s. 42(3) substituted (8.2.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), arts. 1, 3(1), Sch. 1 para. 35(6)

F243 Words in s. 42(3) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(5)

F244 Words in s. 42(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(e)

Modifications etc. (not altering text)

C27 Ss. 39-42 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(2), Sch. 1 (with art. 5(3))

C28 Ss. 39-42 applied (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 5(3)(b)

Commencement Information

I28 S. 42 wholly in force; S. 42 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M32 1996 c.16.

M33 1996 c.16.

Time limits etc. E+W

43 Time limits. E+W

(1) In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the M34 Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions;

(b) make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions;”.

(2) For subsection (3) of that section there shall be substituted the following subsection—

“(3) The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied—

(a) that the need for the extension is due to—

(i) the illness or absence of the accused, a necessary witness, a judge or a magistrate;

(ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or

(iii) some other good and sufficient cause; and

(b) that the prosecution has acted with all due diligence and expedition.”

(3) In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “ the appropriate court shall stay the proceedings ”.

(4) In subsection (6) of that section—

(a) for the word “Where” there shall be substituted the words “ Subsection (6A) below applies where ”; and

(b) for the words from “the overall time limit” to the end there shall be substituted the words “ and is accordingly unlawfully at large for any period. ”

(5) After that subsection there shall be inserted the following subsection—

“(6A) The following, namely—

(a) the period for which the person is unlawfully at large; and

(b) such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by—

(i) the person’s escape or failure to surrender; and

(ii) the length of the period mentioned in paragraph (a) above,

shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time.”

(6) In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “ or to give a direction under subsection (6A) above, ”.

(7) In subsection (8) of that section, after the words “time limit” there shall be inserted the words “ , or to give a direction under subsection (6A) above, ”.

(8) After subsection (11) of that section there shall be inserted the following subsection—

“(11ZA) For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence.”

Commencement Information

I29 S. 43 wholly in force at 1.6.1999; S. 43 not in force at Royal Assent see s. 121; S. 43(1) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 43 in force at 1.6.1999 insofar as not already in force by S.I. 1999/1279, art. 2(a)

Marginal Citations

M34 1985 c.23.

44 Additional time limits for persons under 18. E+W

F245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F245 S. 44 repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13

45 Re-institution of stayed proceedings. E+W

After section 22A of the 1985 Act there shall be inserted the following section—

“22B Re-institution of proceedings stayed under section 22(4) or 22A(5).

(1) This section applies where proceedings for an offence (“the original proceedings”) are stayed by a court under section 22(4) or 22A(5) of this Act.

(2) If—

(a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs;

(b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or

(c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs,

fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.

(3) Fresh proceedings shall be instituted as follows—

(a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment;

(b) where the original proceedings were stayed by a magistrates’ court, by laying an information.

(4) Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the M35 Magistrates’ Courts Act 1980 (limitation of time).

(5) Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done—

(a) by the prosecutor in compliance or purported compliance with section 3, 4, 7 or 9 of the M36 Criminal Procedure and Investigations Act 1996; or

(b) by the accused in compliance or purported compliance with section 5 or 6 of that Act.

(6) Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction.”

Marginal Citations

M35 1980 c.43.

M36 1996 c.25.

46 Date of first court appearance in bail cases. E+W

(1) In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “ subsections (3A) and (4) ”.

(2) After that subsection there shall be inserted the following subsection—

“(3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—

(a) a date which is not later than the first sitting of the court after the person is charged with the offence; or

(b) where he is informed by the clerk to the justices for the relevant petty sessions area that the appearance cannot be accommodated until a later date, that later date.”

Commencement Information

I30 S. 46 wholly in force at 1.11.1999; S. 46 not in force at Royal Assent see s. 121; S. 46 in force at 30.9.1998 in the areas specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 3(2), Sch. 2; S. 46 in force at 1.11.1999 insofar as not already in force by S.I. 1999/2976, art. 2

Functions of courts etc. E+W+S

47 Powers of youth courts. E+W

(1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—

(a) before the start of the trial; F246 . . .

F246 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

remit the person for trial F247 . . . to a magistrates’ court (other than a youth court)F248 . . . .

In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.

(2) Where a person is remitted under subsection (1) above—

(a) he shall have no right of appeal against the order of remission;

(b) the remitting court shall adjourn proceedings in relation to the offence; and

(c) subsections (3) and (4) below shall apply.

(3) The following, namely—

(a) section 128 of the 1980 Act; and

(b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,

shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).

(4) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.

(5) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—

“(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—

(a) that the court commits the accused for trial for another offence; or

(b) that the accused is charged with another offence.”

(6) After subsection (1) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence) there shall be inserted the following subsection—

“(1A) Where a magistrates’ court—

(a) commits a person under the age of 18 for trial for an offence of homicide; or

(b) in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,

the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the same indictment.”

(7) In subsection (2) of section 47 (procedure in youth courts) of the M37 Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.

Textual Amendments

F246 Word and para. (b) in s. 47(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F247 Words in s. 47(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F248 Words in s. 47(1) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 59

Commencement Information

I31 S. 47 wholly in force; S. 47 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M37 1933 c.12.

48 Youth courts: power of stipendiary magistrates to sit alone. E+W

(1) In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)—

(a) in paragraph (a), after the word “shall”, in the first place where it occurs, there shall be inserted the words “ either consist of a metropolitan stipendiary magistrate sitting alone or ” and the word “shall”, in the other place where it occurs, shall cease to have effect;

(b) in paragraph (b), after the words “the chairman” there shall be inserted the words “ (where applicable) ”; and

(c) in paragraph (c), after the words “the other members” there shall be inserted the words “ (where applicable) ”.

(2) In paragraph 17 of that Schedule, the words “or, if a metropolitan stipendiary magistrate, may sit alone” shall cease to have effect.

Commencement Information

I32 S. 48 wholly in force; S. 48 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

49 Powers of magistrates’ courts exercisable by single justice etc. E+W

(1) The following powers of a magistrates’ court for any area may be exercised by a single justice of the peace for that area, namely—

(a) to extend bail or to impose or vary conditions of bail;

(b) to mark an information as withdrawn;

(c) to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution;

(d) to make an order for the payment of defence costs out of central funds;

(e) to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence;

(f) to request a medical report and, for that purpose, to remand the accused in custody or on bail;

(g) to remit an offender to another court for sentence;

(h) where a person has been granted police bail to appear at a magistrates’ court, to appoint an earlier time for his appearance;

(i) to extend, with the consent of the accused, a custody time limit or an overall time limit;

F249 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) where an accused has been convicted of an offence, to order him to produce his driving licence;

(l) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court;

(m) to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely—

(i) the timetable for the proceedings;

(ii) the attendance of the parties;

(iii) the service of documents (including summaries of any legal arguments relied on by the parties);

(iv) the manner in which evidence is to be given; and

(n) to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

[F250 (2) Criminal Procedure Rules may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area.]

(3) [F251 Criminal Procedure Rules] which make such provision as is mentioned in subsection (2) above shall not authorise a justices’ clerk—

(a) without the consent of the prosecutor and the accused, to extend bail on conditions other than those (if any) previously imposed, or to impose or vary conditions of bail;

(b) to give an indication of the seriousness of an offence for the purposes of a pre-sentence report;

(c) to remand the accused in custody for the purposes of a medical report or, without the consent of the prosecutor and the accused, to remand the accused on bail for those purposes on conditions other than those (if any) previously imposed;

(d) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court; or

(e) without the consent of the parties, to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

(4) Before making any [F252 Criminal Procedure Rules] which make such provision as is mentioned in subsection (2) above in relation to any area, the [F253 Criminal Procedure Rule Committee] shall consult justices of the peace and justices’ clerks for that area.

(5) In this section and section 50 below “justices’ clerk” has the same meaning as in section 144 of the 1980 Act.

Textual Amendments

F249 S. 49(1)(j) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with Sch. 2 para. 2)

F250 S. 49(2) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 36(2) (with art. 2(2))

F251 Words in s. 49(3) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 36(3) (with art. 2(2))

F252 Words in s. 49(4) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 36(4)(a) (with art. 2(2))

F253 Words in s. 49(4) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 36(4)(b) (with art. 2(2))

Commencement Information

I33 S. 49 wholly in force at 1.11.1999; S. 49 not in force at Royal Assent see s, 121. In force at 31.7.1998 for the purpose of making rules which make such provision as is mentioned in ss.(2) of this section by S.I. 1998/1883, art. 2(b); S. 49 in force at 30.9.1998 in the areas specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 3(2), Sch. 2; S. 49 in force at 1.11.1999 insofar as not already in force by S.I. 1999/2976, art. 2

50 Early administrative hearings. E+W

(1) Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.

[F254 (2) At a hearing conducted by a single justice under this section the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service.

(2A) Where the accused wishes to be granted such a right, the Legal Services Commission shall decide whether or not to grant him that right.]

(3) At such a hearing the single justice—

(a) may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and

(b) on adjourning the hearing, may remand the accused in custody or on bail.

(4) This section applies in relation to a justices’ clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.

[F255 (4A) A hearing conducted by a single justice under this section may be—

(a) adjourned to enable the decision mentioned in subsection (2A) above to be taken, and

(b) subsequently resumed by a single justice.]

F256 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F254 S. 50(2)(2A) substituted for s. 50(2) (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(2)}

F255 S. 50(4A) inserted (2.10.2006) by The Criminal Defence Service (Representation Orders and Consequential Amendment) Regulations 2006) (S.I. 2006/2493), {reg. 8(3)}

F256 S. 50(5) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C29 S. 50 extended (1.11.1999) by S.I. 1999/2784, rule 3(2)

Commencement Information

I34 S. 50 wholly in force; S. 50 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

51 No committal proceedings for indictable-only offences. E+W

(1) Where an adult appears or is brought before a magistrates’ court (“the court”) charged with an offence triable only on indictment (“the indictable-only offence”), the court shall send him forthwith to the Crown Court for trial—

(a) for that offence, and

(b) for any either-way or summary offence with which he is charged which fulfils the requisite conditions (as set out in subsection (11) below).

(2) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates’ court charged with an either-way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.

(3) Where—

(a) the court sends an adult for trial under subsection (1) above;

(b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with him with an either-way offence; and

(c) that offence appears to the court to be related to the indictable-only offence,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.

(4) Where a court sends an adult for trial under subsection (3) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.

(5) Where—

(a) the court sends an adult for trial under subsection (1) or (3) above; and

(b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with the adult with an indictable offence for which the adult is sent for trial,

the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.

(6) Where a court sends a child or young person for trial under subsection (5) above, it may at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.

(7) The court shall specify in a notice the offence or offences for which a person is sent for trial under this section and the place at which he is to be tried; and a copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

(8) In a case where there is more than one indictable-only offence and the court includes an either-way or a summary offence in the notice under subsection (7) above, the court shall specify in that notice the indictable-only offence to which the either-way offence or, as the case may be, the summary offence appears to the court to be related.

(9) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

(10) In selecting the place of trial for the purpose of subsection (7) above, the court shall have regard to—

(a) the convenience of the defence, the prosecution and the witnesses;

(b) the desirability of expediting the trial; and

(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the [F257 Senior Courts Act 1981].

(11) An offence fulfils the requisite conditions if—

(a) it appears to the court to be related to the indictable-only offence; and

(b) in the case of a summary offence, it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(12) For the purposes of this section—

(a) “adult” means a person aged 18 or over, and references to an adult include references to a corporation;

(b) “either-way offence” means an offence which, if committed by an adult, is triable either on indictment or summarily;

(c) an either-way offence is related to an indictable-only offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable-only offence;

(d) a summary offence is related to an indictable-only offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable-only offence.

Textual Amendments

F257 Words in. 51(10)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information

I35 S. 51 wholly in force; S. 51 not in force at Royal Assent, see s. 121; S. 51 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); s. 51 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (with transitional provisions in art. 3)

[F258 51A Sending cases to the Crown Court: children and young persons E+W

(1) This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily).

(2) Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

(3) Those conditions are—

(a) that the offence falls within subsection (12) below;

(b) that the offence is such as is mentioned in subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section;

(c) that notice is given to the court under section 51B or 51C below in respect of the offence;

(d) that the offence is a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003) and it appears to the court that if he is found guilty of the offence the criteria for the imposition of a sentence under section 226(3) or 228(2) of that Act would be met.

(4) Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

(a) (if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or

(b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below).

(5) Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which—

(a) appears to the court to be related to the offence mentioned in subsection (2) above; and

(b) (in the case of a summary offence) fulfils the requisite condition,

the court may send him forthwith to the Crown Court for trial for the indictable or summary offence.

(6) Where—

(a) the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and

(b) an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence.

(7) Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

(a) (if it is an either-way offence) appears to the court to be related to the offence for which he was sent for trial; and

(b) (if it is a summary offence) appears to the court to be related to the offence for which he was sent for trial or to the either-way offence, and which fulfils the requisite condition.

(8) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

(9) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(10) In the case of a child or young person charged with an offence—

(a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above;

(b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above.

(11) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

(12) An offence falls within this subsection if—

(a) it is an offence of homicide;F259 . . .

(b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i) the offence; and

(ii) the person charged with it,

if he were convicted of the offence; [F260 or

(c) section 29(3) of Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.]

Textual Amendments

F258 Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F259 Word at the end of s. 51A(12)(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49. 65, 66(2), Sch. 1 para. 5, {Sch. 5}; S.I. 2007/858, art. 2(g)(m)(n)(viii)

F260 S. 51A(12)(c) and word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(2), Sch. 1 para. 5; S.I. 2007/858, art. 2(g)

Yn ddilys o 27/03/2014

51B Notices in serious or complex fraud cases E+W

(1) A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged—

(a) is sufficient for the person charged to be put on trial for the offence; and

(b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.

(2) That opinion must be certified by the designated authority in the notice.

(3) The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below.

(4) A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought.

(5) Such a notice must be given to the magistrates' court before any summary trial begins.

(6) The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except—

(a) for the purposes of section 51D below;

(b) as provided by [F261 regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012]; and

(c) as provided by section 52 below.

(7) The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority.

(8) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

(9) In this section “designated authority” means—

(a) the Director of Public Prosecutions;

(b) the Director of the Serious Fraud Office;

F262 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Secretary of State.

Textual Amendments

F258 Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F261 Words in s. 51B(6)(b) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 48; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F262 S. 51B(9)(c) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 15

Yn ddilys o 17/03/2016

51C Notices in certain cases involving children E+W

(1) A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—

(a) that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence;

(b) that a child would be called as a witness at the trial; and

(c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.

(2) That opinion must be certified by the Director of Public Prosecutions in the notice.

(3) This subsection applies to an offence—

(a) which involves an assault on, or injury or a threat of injury to, a person;

(b) under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);

(c) under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;

(d) of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;

[F263 (da) under section 1 or 2 of the Modern Slavery Act 2015;]

(e) which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b), (c)[F264 , (d) or (da)] above.

(4) Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.

(5) The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.

(6) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

(7) In this section “child” means—

(a) a person who is under the age of 17; or

(b) any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.

Textual Amendments

F258 Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F263 S. 51C(3)(da) inserted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 9(a)

F264 Words in s. 51C(3)(e) substituted (17.3.2016) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/244), regs. 1(1), 9(b)

Modifications etc. (not altering text)

C30 S. 51C(3)(e) amended (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 36; S.I. 2008/2504, art. 2(a)

51D Notice of offence and place of trial E+W

(1) The court shall specify in a notice—

(a) the offence or offences for which a person is sent for trial under section 51 or 51A above; and

(b) the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice).

(2) A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

(3) In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—

(a) the subsection under which the person is so sent; and

(b) if applicable, the offence to which that offence appears to the court to be related.

(4) Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to—

(a) the convenience of the defence, the prosecution and the witnesses;

(b) the desirability of expediting the trial; and

(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981.

Textual Amendments

F258 Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

51E Interpretation of sections 50A to 51D E+W

For the purposes of sections 50A to 51D above—

(a) “adult” means a person aged 18 or over, and references to an adult include a corporation;

(b) “either-way offence” means an offence triable either way;

(c) an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence;

(d) a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence.]

Textual Amendments

F258 Ss. 51-51E substituted for s. 51 (4.4.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 18; S.I. 2005/950, art. 2(1), Sch. 1 para. 29(a) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

52 Provisions supplementing section 51 [F265 and 51A]. E+W+S

(1) Subject to section 4 of the M38 Bail Act 1976, section 41 of the 1980 Act [F266 , section 115(1) of the Coroners and Justice Act 2009], regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 [F267 or 51A] above—

(a) in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or

(b) on bail in accordance with the M39 Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

(2) Where—

(a) the person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and

(b) in accordance with subsection (3) of section 8 of the M40 Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.

(3) The court shall treat as an indictable offence for the purposes of section 51 [F268 or 51A] above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.

(4) In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).

(5) A magistrates’ court may adjourn any proceedings under section 51 [F269 or 51A] above, and if it does so shall remand the accused.

(6) Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 [F270 or 51A] above) shall have effect.

Textual Amendments

F265 Words in s. 52 heading inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 69(e); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F266 Words in s. 52(1) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 78; S.I. 2010/145, art. 2(2), Sch. para. 25(b)

F267 Words in s. 52(1) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 69(a); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F268 Words in s. 52(3) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 69(b); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F269 Words in s. 52(5) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 69(c); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F270 Words in s. 52(6) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 69(d); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

Commencement Information

I36 S. 52 wholly in force; S. 52 not in force at Royal Assent see s. 121. S. 52(6) in force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 52 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); S. 52 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (with transitional provisions in art. 3)

Marginal Citations

M38 1976 c.63.

M39 1976 c.63.

M40 1976 c.63.

Miscellaneous E+W

53 Crown Prosecution Service: powers of non-legal staff. E+W

For section 7A of the 1985 Act there shall be substituted the following section—

“7A Powers of non-legal staff.

(1) The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2) Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely—

(a) the powers and rights of audience of a Crown Prosecutor in relation to—

(i) applications for, or relating to, bail in criminal proceedings;

(ii) the conduct of criminal proceedings in magistrates’ courts other than trials;

(b) the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above.

(3) A person so designated shall exercise any such powers subject to instructions given to him by the Director.

(4) Any such instructions may be given so as to apply generally.

(5) For the purposes of this section—

(a) “bail in criminal proceedings” has the same meaning as it would have in the M41 Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section “offence” did not include an offence to which subsection (6) below applies;

(b) “criminal proceedings” does not include proceedings for an offence to which subsection (6) below applies; and

(c) a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.

(6) This subsection applies to an offence if it is triable only on indictment, or is an offence—

(a) for which the accused has elected to be tried by a jury;

(b) which a magistrates’ court has decided is more suitable to be so tried; or

(c) in respect of which a notice of transfer has been given under section 4 of the M42 Criminal Justice Act 1987 or section 53 of the M43 Criminal Justice Act 1991.

(7) Details of the following for any year, namely—

(a) the criteria applied by the Director in determining whether to designate persons under this section;

(b) the training undergone by persons so designated; and

(c) any general instructions given by the Director under subsection (4) above,

shall be set out in the Director’s report under section 9 of this Act for that year.”

Commencement Information

I37 S. 53 wholly in force; S. 53 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M41 1976 c.63.

M42 1987 c.38.

M43 1991 c.53.

54 Bail: increased powers to require security or impose conditions. E+W

(1) In subsection (5) of section 3 of the M44 Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.

(2) In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—

“(e) before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the M45 Courts and Legal Services Act 1990;”.

(3) In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “ paragraph (d) or (e) ”.

Commencement Information

I38 S. 54 wholly in force; S. 54 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in art. 5-8)

Marginal Citations

M44 1976 c.63.

M45 1990 c.41.

55 Forfeiture of recognizances. E+W

For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections—

“(1) This section applies where—

(a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or

(b) any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.

(1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—

(a) declare the recognizance to be forfeited;

(b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;

and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.

(2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—

(a) declare the recognizance to be forfeited; and

(b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;

but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.”

Commencement Information

I39 S. 55 wholly in force; S. 55 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

56 Bail: restrictions in certain cases of homicide or rape. E+W

In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words “shall not be granted bail in those proceedings” there shall be substituted the words “ shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it ”.

Commencement Information

I40 S. 56 wholly in force; S. 56 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

57 Use of live television links at preliminary hearings. E+W

F271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271 Pt. 3A (ss. 57A-57E) substituted for s. 57 (15.1.2007 except in relation to s. 57C, and so far as not already in force in relation to specified areas at 1.4.2007, 14.11.2008 and 3.10.2011, otherwise 8.10.2012) by Police and Justice Act 2006 (c. 48), ss. 45, 53(1); S.I. 2006/3364, art 2(g) (with art. 4); S.I. 2007/709, art. 3(n); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2; S.I. 2012/2373, art. 2(a)

[F272 Part 3A E+W Live links for accused's attendance at certain preliminary [F273 , Sentencing and other] hearings

Textual Amendments

F272 Pt. 3A (ss. 57A-57E) substituted for s. 57 (15.1.2007 for specified purposes, 1.4.2007 for specified purposes, 14.11.2008 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 45, 53(1); S.I. 2006/3364, art. 2(g) (with art. 4); S.I. 2007/709, art. 3(n) (with art. 6); S.I. 2008/2785, art. 2; S.I. 2011/2144, art. 2(1)(a); S.I. 2012/2373, art. 2(a)

F273 Words in Pt. 3A title substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(3), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

57A Introductory E+W

(1) This Part—

(a) applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence [F274 and enforcement hearings relating to confiscation orders]; and

(b) enables the court in the circumstances provided for in sections 57B, 57C [F275 , 57E and 57F] to direct the use of a live link for securing the accused's attendance at a hearing to which this Part applies.

(2) The accused is to be treated as present in court when, by virtue of a live link direction under this Part, he attends a hearing through a live link.

(3) In this Part—

• [F276 “confiscation order” means an order made under—

  (a)

  section 71 of the Criminal Justice Act 1988;

  (b)

  section 2 of the Drug Trafficking Act 1994; or

  (c)

  section 6 of the Proceeds of Crime Act 2002;”, and]

• “custody”—

  (a)

  includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but

  (b)

  does not include police detention;

• [F277 “enforcement hearing” means a hearing under section 82 of the Magistrates' Courts Act 1980 to consider the issuing of a warrant of committal or to inquire into a person's means;]

• “live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• “police detention” has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;

• “preliminary hearing” means a hearing in the proceedings held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the 1985 Act) including, in the case of proceedings in the Crown Court, a preparatory hearing held under—

  (a)

  section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud); or

  (b)

  section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases);

• “sentencing hearing” means any hearing following conviction which is held for the purpose of—

  (a)

  proceedings relating to the giving or rescinding of a direction under section 57E;

  (b)

  proceedings (in a magistrates' court) relating to committal to the Crown Court for sentencing; or

  (c)

  sentencing the offender or determining how the court should deal with him in respect of the offence.

Textual Amendments

F274 Words in s. 57A(1)(a) inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(a)(i), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F275 Words in s. 57A(1)(b) substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(a)(ii), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F276 S. 57A(3): definition of "confiscation order" inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(b), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

F277 S. 57A(3): definition of "enforcement hearing" inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(2)(b), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

57B Use of live link at preliminary hearings where accused is in custody E+W

(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court.

(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing.

(3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.

(4) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit a person attending the hearing to do so through a live link.

(5) The court shall not give or rescind such a direction (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(6) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must—

(a) state in open court its reasons for not doing so; and

(b) cause those reasons to be entered in the register of its proceedings.

[F278 (7) The following functions of a magistrates' court under this section may be discharged by a single justice—

(a) giving a live link direction under this section;

(b) rescinding a live link direction before a preliminary hearing begins; and

(c) requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).]

Textual Amendments

F278 S. 57B(7) added (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(2), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(a)(i) (with art. 4(1))

57C Use of live link at preliminary hearings where accused is at police station E+W

(1) This section applies in relation to a preliminary hearing in a magistrates' court.

(2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.

(3) This subsection applies to the accused if—

(a) he is in police detention at a police station in connection with the offence; and

(b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing.

(4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.

(5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.

(6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.

[F279 (6A) A live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction.]

(7) F280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A magistrates' court may rescind a live link direction under this section at any time F281 . . . during a hearing to which it relates.

(9) A magistrates' court may require or permit—

(a) F282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.

(10) Where a live link direction under this section is given in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is given).

(11) In this section, “live link bail” means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.

Textual Amendments

F279 S. 57C(6A) inserted (14.12.2009 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(a), 182(5) (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)

F280 S. 57C(7) repealed (14.12.2009 and 3.10.2011 in relation to specified areas, otherwise prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(b), 178, 182(5), Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(a) (with art. 4(2)); S.I. 2010/816, art. 4(b); S.I. 2011/2148, art. 2(1)(a)(e)

F281 Words in s. 57C(8) repealed (14.12.2009 for specified purposes, 6.4.2010 for specified purposes, 3.10.2011 for specified purposes, 8.10.2012 in so far as not already in force) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(c), 182(5), Sch. 23 Pt. 3 (with s. 180); S.I. 2009/3253, art. 3(1)(a) (with art. 4); S.I. 2010/816, art. 4; S.I. 2011/2148, art. 2; S.I. 2012/2374, art. 3(a)(e)

F282 S. 57C(9)(a) and word repealed (14.12.2009 and 3.10.2011 in relation to specified areas, otherwise prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 106(3)(d), 178, 182(5), Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(a) (with art. 4(2)); S.I. 2010/816, art. 4(b); S.I. 2011/2148, art. 2(1)(a)(e)

57D Continued use of live link for sentencing hearing following a preliminary hearing E+W

(1) Subsection (2) applies where—

(a) a live link direction under section 57B or 57C is in force;

(b) the accused is attending a preliminary hearing through a live link by virtue of the direction;

(c) the court convicts him of the offence in the course of that hearing (whether by virtue of a guilty plea or an indication of an intention to plead guilty); and

(d) the court proposes to continue the hearing as a sentencing hearing in relation to the offence.

(2) The accused may continue to attend through the live link by virtue of the direction if—

(a) the hearing is continued as a sentencing hearing in relation to the offence;

F283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; and

(c) the court is satisfied that [F284 the accused continuing to attend through the live link is not contrary to the interests of justice.]

(3) But the accused may not give oral evidence through the live link during a continued hearing under subsection (2) unless—

(a) F285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.

Textual Amendments

F283 S. 57D(2)(b) repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(a)(i), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

F284 Words in s. 57D(2)(c) substituted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(a)(ii), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(a)(ii)

F285 S. 57D(3)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(4)(b), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

57E Use of live link in sentencing hearings E+W

(1) This section applies where the accused is convicted of the offence.

(2) If it appears to the court by or before which the accused is convicted that it is likely that he will be held in custody during any sentencing hearing for the offence, the court may give a live link direction under this section in relation to that hearing.

(3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.

(4) Such a direction—

(a) may be given by the court of its own motion or on an application by a party; and

(b) may be given in relation to all subsequent sentencing hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(5) The court may not give such a direction unless—

(a) F286 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that it is not contrary to the interests of justice to give the direction.

(6) The court may rescind such a direction at any time before or during a hearing to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction in relation to the offender).

The court may exercise this power of its own motion or on an application by a party.

(7) The offender may not give oral evidence while attending a hearing through a live link by virtue of this section unless—

(a) F287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way.

(8) The court must—

(a) state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and

(b) if it is a magistrates' court, cause those reasons to be entered in the register of its proceedings.

Textual Amendments

F286 S. 57E(5)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(5)(a), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

F287 S. 57E(7)(a) and word repealed (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 106(5)(b), 178, 182(5), Sch. 23 Pt. 3; S.I. 2009/3253, art. 2(a)(ii); S.I. 2010/816, art. 2, Sch. para. 22(a)(i)

Modifications etc. (not altering text)

C31 S. 57E applied (15.1.2007) by Serious Organised Crime and Police Act 2005 (c. 15), s. 75A (as inserted by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 14 para. 62; S.I. 2006/3364, art. 2(k) (with art. 4) (as amended by S.I. 2007/29, art. 2))

[F288 57F Use of live link in certain enforcement hearings E+W

(1) This section applies where—

(a) a confiscation order is made against a person; and

(b) the amount required to be paid under the order is not paid when it is required to be paid.

(2) If it appears to the court before which an enforcement hearing relating to the confiscation order is to take place that it is likely that the person will be held in custody at the time of the hearing, the court may give a live link direction under this section in relation to that hearing.

(3) A live link direction under this section is a direction requiring the person, if the person is being held in custody at the time of the hearing, to attend it through a live link from the place at which the person is being held.

(4) Such a direction—

(a) may be given by the court of its own motion or on an application by a party; and

(b) may be given in relation to all subsequent enforcement hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(5) The court may rescind a live link direction under this section at any time before or during a hearing to which it relates.

(6) The court may not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(7) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.

(8) The person may not give oral evidence while attending a hearing through a live link by virtue of this section unless the court is satisfied that it is not contrary to the interests of justice for the person to give it that way.

(9) If in a case where it has power to do so a court decides not to give a live link direction under this section, it must—

(a) state in open court its reasons for not doing so; and

(b) cause those reasons to be entered in the register of its proceedings.

(10) The following functions of a magistrates' court under this section may be discharged by a single justice—

(a) giving a live link direction under this section;

(b) rescinding a live link direction before a preliminary hearing begins; and

(c) requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).]]

Textual Amendments

F288 S. 57F inserted (14.12.2009) by Coroners and Justice Act 2009 (c. 25), ss. 109(1), 182(5) (with s. 180, Sch. 22); S.I. 2009/3253, art. 2(b)

Part IV E+W+S Dealing with offenders

Chapter I E+W+S England and Wales

Sexual or violent offenders E+W

F289 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F289 S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

59 Effect of extended sentences. E+W

F290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F290 S. 59 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(p) (with Sch. 2)

60 Re-release of prisoners serving extended sentences. E+W

F291 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F291 S. 60 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(p) (with Sch. 2)

Offenders dependent etc. on drugs E+W

F292 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F292 Ss. 61-64 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F293 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F293 Ss. 61-64 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F294 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F294 Ss. 61-64 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F295 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F295 Ss. 61-64 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Young offenders: reprimands and warnings E+W+S

65 Reprimands and warnings. E+W+S

(1) Subsections (2) to (5) below apply where—

(a) a constable has evidence that a child or young person (“the offender”) has committed an offence;

[F296 (b) the constable considers that there is sufficient evidence to charge the offender with the offence;]

(c) the offender admits to the constable that he committed the offence;

(d) the offender has not previously been convicted of an offence [F297 or given a youth conditional caution in respect of an offence]; and

[F298 (e) the constable does not consider that the offender should be prosecuted or given a youth conditional caution.]

(2) Subject to subsection (4) below, the constable may reprimand the offender if the offender has not previously been reprimanded or warned.

(3) The constable may warn the offender if—

(a) the offender has not previously been warned; or

(b) where the offender has previously been warned, the offence was committed more than two years after the date of the previous warning and the constable considers the offence to be not so serious as to require a charge to be brought [F299 or a youth conditional caution to be given];

but no person may be warned under paragraph (b) above more than once.

(4) Where the offender has not been previously reprimanded, the constable shall warn rather than reprimand the offender if he considers the offence to be so serious as to require a warning.

(5) The constable shall—

[F300 (a) where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and]

(b) explain to the offender and, where he is under that age, the appropriate adult in ordinary language—

(i) in the case of a reprimand, the effect of subsection (5)(a) of section 66 below;

(ii) in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of that section, and any guidance issued under subsection (3) of that section.

(6) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—

(a) the circumstances in which it is appropriate to give reprimands or warnings, including criteria for determining—

(i) for the purposes of subsection (3)(b) above, whether an offence is not so serious as to require a charge to be brought [F301 or a youth conditional caution to be given]; and

(ii) for the purposes of subsection (4) above, whether an offence is so serious as to require a warning;

[F302 (aa) the places where reprimands and warnings may be given]

(b) the category of constable by whom reprimands and warnings may be given; and

(c) the form which reprimands and warnings are to take and the manner in which they are to be given and recorded.

(7) [F303 In this Chapter]“appropriate adult”, in relation to a child or young person, means—

(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;

(b) a social worker of a local authority F304 . . . ;

(c) if no person falling within paragraph (a) or (b) above is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.

[F305 (8) No caution, other than a youth conditional caution, shall be given to a child or young person.]

(9) Any reference (however expressed) in any enactment passed before or in the same Session as this Act to a person being cautioned shall be construed, in relation to any time after that commencement, as including a reference to a child or young person being reprimanded or warned.

Textual Amendments

F296 S. 65(1)(b) substituted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(2)(a) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F297 Words in s. 65(1)(d) inserted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(2)(b) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F298 S. 65(1)(e) substituted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(2)(c) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F299 Words in s. 65(3)(b) inserted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(3) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F300 S. 65(5)(a) substituted (1.2.2001) by 2000 c. 43, s. 56(1)(a); S.I. 2000/3302, art. 3

F301 Words in s. 65(6)(a)(i) inserted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(4) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F302 S. 65(6)(aa) inserted (1.2.2001) by 2000 c. 43, ss. 56(1)(b); S.I. 2000/3302, art. 3

F303 Words in s. 65(7) substituted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(5) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

F304 Words in s. 65(7)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F305 S. 65(8) substituted (16.11.2009 in relation to specified areas) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 2(6) (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)

Commencement Information

I41 S. 65 wholly in force at 1.6.2000; S. 65 not in force at Royal Assent, see s. 121; S. 65 in force at 30.9.1998 for the purpose of warning a person under s. 65 in any area specified in Sch. 3 of the said S.I. by S.I. 1998/2327, art. 3(3) (as amended by 1998/2412); s. 65 in force for specified purposes at 1.4.2000 and 1.6.2000 insofar as not already in force by S.I. 2000/924, arts. 3, 4, Sch.

66 Effect of reprimands and warnings. E+W

(1) Where a constable warns a person under section 65 above, he shall as soon as practicable refer the person to a youth offending team.

(2) A youth offending team—

(a) shall assess any person referred to them under subsection (1) above; and

(b) unless they consider it inappropriate to do so, shall arrange for him to participate in a rehabilitation programme.

(3) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—

(a) what should be included in a rehabilitation programme arranged for a person under subsection (2) above;

(b) the manner in which any failure by a person to participate in such a programme is to be recorded; and

(c) the persons to whom any such failure is to be notified.

(4) Where a person who has been warned under section 65 above is convicted of an offence committed within two years of the warning, the court by or before which he is so convicted—

(a) shall not make an order under subsection (1)(b) (conditional discharge) of [F306 section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and

(b) where it does so, shall state in open court that it is of that opinion and why it is.

(5) The following, namely—

(a) any reprimand of a person under section 65 above;

(b) any warning of a person under that section; and

(c) any report on a failure by a person to participate in a rehabilitation programme arranged for him under subsection (2) above,

may be cited in criminal proceedings in the same circumstances as a conviction of the person may be cited.

(6) In this section “rehabilitation programme” means a programme the purpose of which is to rehabilitate participants and to prevent them from re-offending.

Textual Amendments

F306 Words in s. 66(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 198

Modifications etc. (not altering text)

C32 S. 66(4) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))

Commencement Information

I42 S. 66 wholly in force at 1.6.2000; S. 66 not in force at Royal Assent, see s. 121; S. 66 in force at 30.9.1998 for the purpose of warning a person under s. 65 in any area specified in Sch. 3 of the said S.I. by S.I. 1998/2327, art. 3(3) (as amended by 1998/2412); s. 66 in force at 1.4.2000 for specified purposes and 1.6.2000 insofar as not already in force by S.I. 2000/924, arts. 3, 4, Sch.

[F307 Young offenders: youth conditional cautions E+W

Textual Amendments

F307 Ss. 66A-66H (and cross-headings before ss. 66A, 66H) inserted (1.2.2009 for the insertion of ss. 66G, 66H, 1.4.2009 for the insertion of s. 66C, 16.11.2009 for the insertion of ss. 66A, 66B, 66D-66F for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/140, art. 2(e)(ii); S.I. 2009/860, art. 2(1)(h); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b)

66A Youth conditional cautions E+W

(1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—

(a) the offender has not previously been convicted of an offence, and

(b) each of the five requirements in section 66B is satisfied.

(2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

(3) The conditions which may be attached to such a caution are those which have one or more of the following objects—

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence;

(c) punishing the offender.

(4) The conditions that may be attached to a youth conditional caution include—

(a) (subject to section 66C) a condition that the offender pay a financial penalty;

(b) a condition that the offender attend at a specified place at specified times.

“Specified” means specified by a relevant prosecutor.

(5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(6) The Secretary of State may by order amend subsection (5) by substituting a different figure.

(7) In this section, “authorised person” means—

(a) a constable,

(b) an investigating officer, or

(c) a person authorised by a relevant prosecutor for the purposes of this section.

66B The five requirements E+W

(1) The first requirement is that the authorised person has evidence that the offender has committed an offence.

(2) The second requirement is that a relevant prosecutor decides—

(a) that there is sufficient evidence to charge the offender with the offence, and

(b) that a youth conditional caution should be given to the offender in respect of the offence.

(3) The third requirement is that the offender admits to the authorised person that he committed the offence.

(4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

(5) If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.

(6) The fifth requirement is that the offender signs a document which contains—

(a) details of the offence,

(b) an admission by him that he committed the offence,

(c) his consent to being given the youth conditional caution, and

(d) the conditions attached to the caution.

66C Financial penalties E+W

(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

(3) The amount that may be prescribed in respect of any offence must not exceed £100.

(4) The Secretary of State may by order amend subsection (3) by substituting a different figure.

(5) Where a financial penalty condition is attached to a youth conditional caution, a relevant prosecutor must also specify—

(a) the amount of the penalty, and

(b) the person to whom the financial penalty is to be paid and how it may be paid.

(6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).

(7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

66D Variation of conditions E+W

A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a youth conditional caution by—

(a) modifying or omitting any of the conditions;

(b) adding a condition.

66E Failure to comply with conditions E+W

(1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.

(2) The document mentioned in section 66B(6) is to be admissible in such proceedings.

(3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect.

(4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

(5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

66F Restriction on sentencing powers where youth conditional caution given E+W

Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted—

(a) may not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and

(b) where it does make such an order, must state in open court that it is of that opinion and why it is.

66G Code of practice on youth conditional cautions E+W

(1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions.

(2) The code may, in particular, make provision as to—

(a) the circumstances in which youth conditional cautions may be given,

(b) the procedure to be followed in connection with the giving of such cautions,

(c) the conditions which may be attached to such cautions and the time for which they may have effect,

(d) the category of constable or investigating officer by whom such cautions may be given,

(e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A,

(f) the form which such cautions are to take and the manner in which they are to be given and recorded,

(g) the places where such cautions may be given,

(h) the provision which may be made by a relevant prosecutor under section 66C(5)(b),

(i) the monitoring of compliance with conditions attached to such cautions,

(j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),

(k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).

(3) After preparing a draft of the code the Secretary of State—

(a) must publish the draft,

(b) must consider any representations made to him about the draft, and

(c) may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

(4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

(5) When he has done so he may bring the code into force by order.

(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Interpretation of Chapter 1 E+W

66H Interpretation E+W

In this Chapter—

(a) “appropriate adult” has the meaning given by section 65(7);

(b) “authorised person” has the meaning given by section 66A(7);

(c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30);

(d) “the offender” has the meaning given by section 66A(1);

(e) “relevant prosecutor” means—

(i) the Attorney General,

(ii) the Director of the Serious Fraud Office,

(iii) the Director of Revenue and Customs Prosecutions,

(iv) the Director of Public Prosecutions,

(v) the Secretary of State, or

(vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;

(f) “youth conditional caution” has the meaning given by section 66A(2).]

Young offenders: non-custodial orders E+W

F308 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F308 S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F309 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F309 S. 68 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F310 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F310 S. 69 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F311 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F311 S. 70 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F312 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F312 S. 71 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F313 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F313 S. 72 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Young offenders: detention and training orders E+W

F314 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F314 S. 73 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F315 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F315 S. 74 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F316 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F316 S. 75 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F317 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F317 S. 76 repealed (25.8.2000) by 2000 c. 6. ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F318 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F318 S. 77 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F319 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F319 S. 78 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F320 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F320 S. 79 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Sentencing: general E+W

80 Sentencing guidelines. E+W

F321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F321 Ss. 80, 81 repealed (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 303(c), 332, 336(3), Sch. 37 Pt. 7; S.I. 2004/81, art. 5(2)(e)

81 The Sentencing Advisory Panel. E+W

F322 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322 Ss. 80, 81 repealed (27.2.2004) by Criminal Justice Act 2003 (c. 44), ss. 303(c), 332, 336(3), Sch. 37 Pt. 7; S.I. 2004/81, art. 5(2)(e)

F323 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F323 S. 82 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Miscellaneous and supplemental E+W

83 Power to make confiscation orders on committal for sentence. E+W

F324 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F324 S. 83 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 457, 458(1), Sch. 12; S.I. 2003/333, art. 2(1), Sch.

F325 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F325 S. 84 repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2; and s. 84(2) expressed to be repealed (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2002/2306, art. 2(g)(i)(iii)(f)

F326 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F326 S. 85 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Chapter II S Scotland

Sexual or violent offenders S

86 Extended sentences for sex and violent offenders. S

(1) After section 210 of the 1995 Act there shall be inserted the following section—

“210A Extended sentences for sex and violent offenders.

(1) Where a person is convicted on indictment of a sexual or violent offence, the court may, if it—

(a) intends, in relation to—

(i) a sexual offence, to pass a determinate sentence of imprisonment; or

(ii) a violent offence, to pass such a sentence for a term of four years or more; and

(b) considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from the offender,

pass an extended sentence on the offender.

(2) An extended sentence is a sentence of imprisonment which is the aggregate of—

(a) the term of imprisonment (“the custodial term”) which the court would have passed on the offender otherwise than by virtue of this section; and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is, subject to the provisions of this section, of such length as the court considers necessary for the purpose mentioned in subsection (1)(b) above.

(3) The extension period shall not exceed, in the case of—

(a) a sexual offence, ten years; and

(b) a violent offence, five years.

(4) A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.

(5) The term of an extended sentence passed for a statutory offence shall not exceed the maximum term of imprisonment provided for in the statute in respect of that offence.

(6) Subject to subsection (5) above, a sheriff may pass an extended sentence which is the aggregate of a custodial term not exceeding the maximum term of imprisonment which he may impose and an extension period not exceeding three years.

(7) The Secretary of State may by order—

(a) amend paragraph (b) of subsection (3) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph; and

(b) make such transitional provision as appears to him to be necessary or expedient in connection with the amendment.

(8) The power to make an order under subsection (7) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9) An extended sentence shall not be imposed where the sexual or violent offence was committed before the commencement of section 86 of the Crime and Disorder Act 1998.

(10) For the purposes of this section—

• “licence” and “relevant officer” have the same meaning as in Part I of the M46 Prisoners and Criminal Proceedings (Scotland) Act 1993;

• “sexual offence” means—

  (i)

  rape;

  (ii)

  clandestine injury to women;

  (iii)

  abduction of a woman or girl with intent to rape or ravish;

  (iv)

  assault with intent to rape or ravish;

  (v)

  indecent assault;

  (vi)

  lewd, indecent or libidinous behaviour or practices;

  (vii)

  shameless indecency;

  (viii)

  sodomy;

  (ix)

  an offence under section 170 of the M47 Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the M48 Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons;

  (x)

  an offence under section 52 of the M49 Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children);

  (xi)

  an offence under section 52A of that Act (possession of indecent images of children);

  (xii)

  an offence under section 1 of the M50 Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

  (xiii)

  an offence under section 2 of that Act (intercourse with a stepchild);

  (xiv)

  an offence under section 3 of that Act (intercourse with child under 16 by person in position of trust);

  (xv)

  an offence under section 5 of that Act (unlawful intercourse with girl under 16);

  (xvi)

  an offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16);

  (xvii)

  an offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse);

  (xviii)

  an offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); and

  (xix)

  an offence under subsection (5) of section 13 of that Act (homosexual offences);

• “imprisonment” includes—

  (i)

  detention under section 207 of this Act; and

  (ii)

  detention under section 208 of this Act; and

• “violent offence” means any offence (other than an offence which is a sexual offence within the meaning of this section) inferring personal violence.

(11) Any reference in subsection (10) above to a sexual offence includes—

(a) a reference to any attempt, conspiracy or incitement to commit that offence; and

(b) except in the case of an offence in paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence.”

(2) In section 209 of the 1995 Act (supervised release orders), in subsection (1)—

(a) after the word “convicted” there shall be inserted the words “ on indictment ”;

(b) after the words “an offence” there shall be inserted the words “ , other than a sexual offence within the meaning of section 210A of this Act, ”; and

(c) the words “not less than twelve months but” shall cease to have effect.

Modifications etc. (not altering text)

C33 S. 86(2)(b)(c) restricted (19.9.1998) by S.I. 1998/2327, art.8(2).

Commencement Information

I43 S. 86 wholly in force; S. 86 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M46 1993 c.9.

M47 1979 c.2.

M48 1876 c.36.

M49 1982 c.45.

M50 1995 c.39.

87 Further provision as to extended sentences. S

After section 26 of the M51 Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) there shall be inserted the following section—

“ Extended sentences S

26A Extended sentences.

(1) This section applies to a prisoner who, on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force, has been made subject to an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences).

(2) Subject to the provisions of this section, this Part of this Act, except section 1A, shall apply in relation to extended sentences as if any reference to a sentence or term of imprisonment was a reference to the custodial term of an extended sentence.

(3) Where a prisoner subject to an extended sentence is released on licence under this Part the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

(4) Where, apart from this subsection, a prisoner subject to an extended sentence would be released unconditionally—

(a) he shall be released on licence; and

(b) the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

(5) The extension period shall be taken to begin as follows—

(a) for the purposes of subsection (3) above, on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the custodial term;

(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, he would have been released unconditionally.

(6) Subject to section 1A(c) of this Act and section 210A(3) of the 1995 Act and to any direction by the court which imposes an extended sentence, where a prisoner is subject to two or more extended sentences, the extension period which is taken to begin in accordance with subsection (5) above shall be the aggregate of the extension period of each of those sentences.

(7) For the purposes of sections 12(3) and 17(1) of this Act, and subject to subsection (8) below, the question whether a prisoner is a long-term or short-term prisoner shall be determined by reference to the extended sentence.

(8) Where a short-term prisoner serving an extended sentence in respect of a sexual offence is released on licence under subsection (4)(a) above, the provisions of section 17 of this Act shall apply to him as if he was a long-term prisoner.

(9) In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to his sentence shall be construed as a reference to the extended sentence.

(10) For the purposes of this section “custodial term”, “extension period” and “imprisonment” shall have the same meaning as in section 210A of the 1995 Act.

(11) In section 1A(c) and section 16(1)(a) of this Act, the reference to the date on which a prisoner would have served his sentence in full shall mean, in relation to a prisoner subject to an extended sentence, the date on which the extended sentence, as originally imposed by the court, would expire.”

Commencement Information

I44 S. 87 wholly in force; S. 87 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M51 1993 c.9.

88 Re-release of prisoners serving extended sentences. S

After section 3 of the 1993 Act there shall be inserted the following section—

“3A Re-release of prisoners serving extended sentences.

(1) This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act.

(2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—

(a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral;

(b) in any other case, at any time.

(3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence.

(4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.

(5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.”

Commencement Information

I45 S. 88 wholly in force; S. 88 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Offenders dependent etc. on drugs S

89 Drug treatment and testing orders. S

After section 234A of the 1995 Act there shall be inserted the following section—

“234B Drug treatment and testing order.

(1) This section applies where a person of 16 years of age or more is convicted of an offence, other than one for which the sentence is fixed by law, committed on or after the date on which section 89 of the Crime and Disorder Act 1998 comes into force.

(2) Subject to the provisions of this section, the court by or before which the offender is convicted may, if it is of the opinion that it is expedient to do so instead of sentencing him, make an order (a “drug treatment and testing order”) which shall—

(a) have effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and

(b) include the requirements and provisions mentioned in section 234C of this Act.

(3) A court shall not make a drug treatment and testing order unless it—

(a) has been notified by the Secretary of State that arrangements for implementing such orders are available in the area of the local authority proposed to be specified in the order under section 234C(6) of this Act and the notice has not been withdrawn;

(b) has obtained a report by, and if necessary heard evidence from, an officer of the local authority in whose area the offender is resident about the offender and his circumstances; and

(c) is satisfied that—

(i) the offender is dependent on, or has a propensity to misuse, drugs;

(ii) his dependency or propensity is such as requires and is susceptible to treatment; and

(iii) he is a suitable person to be subject to such an order.

(4) For the purpose of determining for the purposes of subsection (3)(c) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify.

(5) A drug treatment and testing order or an order under subsection (4) above shall not be made unless the offender expresses his willingness to comply with its requirements.

(6) The Secretary of State may by order—

(a) amend paragraph (a) of subsection (2) above by substituting a different period for the minimum or the maximum period for the time being specified in that paragraph; and

(b) make such transitional provisions as appear to him necessary or expedient in connection with any such amendment.

(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(8) A drug treatment and testing order shall be as nearly as may be in the form prescribed by Act of Adjournal.”

Commencement Information

I46 S. 89 wholly in force; S. 89 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

90 Requirements and provisions to be included in drug treatment and testing orders. S

After section 234B of the 1995 Act there shall be inserted the following section—

“234C Requirements and provisions of drug treatment and testing orders.

(1) A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(2) The required treatment for any particular period shall be—

(a) treatment as a resident in such institution or place as may be specified in the order; or

(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is required to submit to treatment as a resident).

(4) A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.

(5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(6) A drug treatment and testing order shall specify the local authority in whose area the offender will reside when the order is in force and require that authority to appoint or assign an officer (a “supervising officer”) for the purposes of subsections (7) and (8) below.

(7) A drug treatment and testing order shall—

(a) provide that, for the treatment and testing period, the offender shall be under the supervision of a supervising officer;

(b) require the offender to keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and

(c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the supervising officer.

(8) Supervision by the supervising officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—

(a) to report on the offender’s progress to the appropriate court;

(b) to report to that court any failure by the offender to comply with the requirements of the order; and

(c) to determine whether the circumstances are such that he should apply to that court for the variation or revocation of the order.”

Commencement Information

I47 S. 90 wholly in force; S. 90 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

91 Procedural matters relating to drug treatment and testing orders. S

After section 234C of the 1995 Act there shall be inserted the following section—

“234D Procedural matters relating to drug treatment and testing orders.

(1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow under section 234G of this Act if he fails to comply with any of those requirements;

(c) that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or the supervising officer; and

(d) that the order will be periodically reviewed at intervals provided for in the order.

(2) Upon making a drug treatment and testing order the court shall—

(a) give, or send by registered post or the recorded delivery service, a copy of the order to the offender;

(b) send a copy of the order to the treatment provider;

(c) send a copy of the order to the chief social work officer of the local authority specified in the order in accordance with section 234C(6) of this Act; and

(d) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court.

(3) Where a copy of a drug treatment and testing order has under subsection (2)(a) been sent by registered post or by the recorded delivery service, an acknowledgment or certificate of delivery of a letter containing a copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.”

Commencement Information

I48 S. 91 wholly in force; S. 91 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

F327 92 Amendment and periodic review of drug treatment and testing orders. S

After section 234D of the 1995 Act there shall be inserted the following sections—

“234E Amendment of drug treatment and testing order.

(1) Where a drug treatment and testing order is in force either the offender or the supervising officer may apply to the appropriate court for variation or revocation of the order.

(2) Where an application is made under subsection (1) above by the supervising officer, the court shall issue a citation requiring the offender to appear before the court.

(3) On an application made under subsection (1) above and after hearing both the offender and the supervising officer, the court may by order, if it appears to it in the interests of justice to do so—

(a) vary the order by—

(i) amending or deleting any of its requirements or provisions;

(ii) inserting further requirements or provisions; or

(iii) subject to subsection (4) below, increasing or decreasing the treatment and testing period; or

(b) revoke the order.

(4) The power conferred by subsection (3)(a)(iii) above shall not be exercised so as to increase the treatment and testing period above the maximum for the time being specified in section 234B(2)(a) of this Act, or to decrease it below the minimum so specified.

(5) Where the court, on the application of the supervising officer, proposes to vary (otherwise than by deleting a requirement or provision) a drug treatment and testing order, sections 234B(5) and 234D(1) of this Act shall apply to the variation of such an order as they apply to the making of such an order.

(6) If an offender fails to appear before the court after having been cited in accordance with subsection (2) above, the court may issue a warrant for his arrest.

234F Periodic review of drug treatment and testing order.

(1) A drug treatment and testing order shall—

(a) provide for the order to be reviewed periodically at intervals of not less than one month;

(b) provide for each review of the order to be made, subject to subsection (5) below, at a hearing held for the purpose by the appropriate court (a “review hearing”);

(c) require the offender to attend each review hearing;

(d) provide for the supervising officer to make to the court, before each review, a report in writing on the offender’s progress under the order; and

(e) provide for each such report to include the test results communicated to the supervising officer under section 234C(7)(c) of this Act and the views of the treatment provider as to the treatment and testing of the offender.

(2) At a review hearing the court, after considering the supervising officer’s report, may amend any requirement or provision of the order.

(3) The court—

(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;

(b) shall not amend any provision of the order so as reduce the treatment and testing period below the minimum specified in section 234B(2)(a) of this Act or to increase it above the maximum so specified; and

(c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.

(4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may revoke the order.

(5) If at a review hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made without a hearing.

(6) A review without a hearing shall take place in chambers without the parties being present.

(7) If at a review without a hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress is no longer satisfactory, the court may issue a warrant for the arrest of the offender or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a citation requiring the offender to appear before that court as such time as may be specified in the citation.

(8) Where an offender fails to attend—

(a) a review hearing in accordance with a requirement contained in a drug treatment and testing order; or

(b) a court at the time specified in a citation under subsection (7) above,

the court may issue a warrant for his arrest.

(9) Where an offender attends the court at a time specified by a citation issued under subsection (7) above—

(a) the court may exercise the powers conferred by this section as if the court were conducting a review hearing; and

(b) so amend the order as to provide for each subsequent review to be made at a review hearing.”

Textual Amendments

F327 S. 92 wholly in force; S. 92 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

93 Consequences of breach of drug treatment and testing order. S

After section 234F of the 1995 Act there shall be inserted the following sections—

“234G Breach of drug treatment testing order.

(1) If at any time when a drug treatment and testing order is in force it appears to the appropriate court that the offender has failed to comply with any requirement of the order, the court may issue a citation requiring the offender to appear before the court at such time as may be specified in the citation or, if it appears to the court to be appropriate, it may issue a warrant for the arrest of the offender.

(2) If it is proved to the satisfaction of the appropriate court that the offender has failed without reasonable excuse to comply with any requirement of the order, the court may by order—

(a) without prejudice to the continuation in force of the order, impose a fine not exceeding level 3 on the standard scale;

(b) vary the order; or

(c) revoke the order.

(3) For the purposes of subsection (2) above, the evidence of one witness shall be sufficient evidence.

(4) A fine imposed under this section in respect of a failure to comply with the requirements of a drug treatment and testing order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

234H Disposal on revocation of drugs treatment and testing order.

(1) Where the court revokes a drugs treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made.

(2) In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation.

(3) Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is subject to—

(a) a probation order, by virtue of section 234J of this Act; or

(b) a restriction of liberty order, by virtue of section 245D of this Act; or

(c) a restriction of liberty order and a probation order, by virtue of the said section 245D,

the court shall, before disposing of the offender under subsection (1) above—

(i) where he is subject to a probation order, discharge that order;

(ii) where he is subject to a restriction of liberty order, revoke that order; and

(iii) where he is subject to both such orders, discharge the probation order and revoke the restriction of liberty order.”

Commencement Information

I49 S. 93 wholly in force; S. 93 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

94 Combination of orders. S

(1) After section 234H of the 1995 Act there shall be inserted the following section—

“234J Concurrent drug treatment and testing and probation orders.

(1) Notwithstanding sections 228(1) and 234B(2) of this Act, where the court considers it expedient that the offender should be subject to a drug treatment and testing order and to a probation order, it may make both such orders in respect of the offender.

(2) In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act.

(3) Where the court makes both a drug treatment and testing order and a probation order by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following—

(a) the treatment provider within the meaning of section 234C(1);

(b) the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act; and

(c) if he would not otherwise receive a copy of the order, the officer of the local authority who is to supervise the probationer.

(4) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above—

(a) if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and

(b) if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 232(2)(c) of this Act in relation to the probation order.

(5) Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a probation order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section 232(2) of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.”

(2) Schedule 6 to this Act (Part I of which makes further provision in relation to the combination of drug treatment and testing orders with other orders and Part II of which makes provision in relation to appeals) shall have effect.

Commencement Information

I50 S. 94 wholly in force; S. 94 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

95 Interpretation provision in relation to drug treatment and testing orders. S

(1) After section 234J of the 1995 Act there shall be inserted the following section—

“234K Drug treatment and testing orders: interpretation.

In sections 234B to 234J of this Act—

• “the appropriate court” means—

  (a)

  where the drug treatment and testing order has been made by the High Court, that court;

  (b)

  in any other case, the court having jurisdiction in the area of the local authority for the time being specified in the order under section 234C(6) of this Act, being a sheriff or district court according to whether the order has been made by a sheriff or district court, but in a case where an order has been made by a district court and there is no district court in that area, the sheriff court; and

• “local authority” means a council constituted under section 2 of the M52 Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.”

(2) In section 307(1) of the 1995 Act (interpretation), after the definition of “diet” there shall be inserted the following definition—

““drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;”.

Commencement Information

I51 S. 95 wholly in force; S. 95 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M52 1994 c.39.

Racial aggravation S

96 Offences racially aggravated. S

(1) The provisions of this section shall apply where it is—

(a) libelled in an indictment; or

(b) specified in a complaint,

and, in either case, proved that an offence has been racially aggravated.

(2) An offence is racially aggravated for the purposes of this section if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim’s membership (or presumed membership) of a racial group; or

(b) the offence is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group,

and evidence from a single source shall be sufficient evidence to establish, for the purposes of this subsection, that an offence is racially aggravated.

(3) In subsection (2)(a) above—

• “membership”, in relation to a racial group, includes association with members of that group;

• “presumed” means presumed by the offender.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—

(a) the fact or presumption that any person or group of persons belongs to any religious group; or

(b) any other factor not mentioned in that paragraph.

[F328 (5) The court must—

(a) state on conviction that the offence was racially aggravated,

(b) record the conviction in a way that shows that the offence was so aggravated,

(c) take the aggravation into account in determining the appropriate sentence, and

(d) state—

(i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii) otherwise, the reasons for there being no such difference.]

(6) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

Textual Amendments

F328 S. 96(5) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp13), {ss. 25(1)}, 206(1); S.S.I. 2010/413, art. 2, Sch. (with saving)

Commencement Information

I52 S. 96 wholly in force; S. 96 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Part V U.K. Miscellaneous and supplemental

Remands and committals E+W

97 Remands and committals of children and young persons. E+W

(1) In subsection (4) of section 23 of the 1969 Act (remands and committals to local authority accommodation), for the words “Subject to subsection (5) below,” there shall be substituted the words “ Subject to subsections (5) and (5A) below, ”.

(2) In subsection (5) of that section, for the words “a young person who has attained the age of fifteen” there shall be substituted the words “ a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description ”.

(3) After that subsection there shall be inserted the following subsection—

“(5A) A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—

(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.”

(4) In subsection (12) of that section, after the definition of “imprisonable offence” there shall be inserted the following definition—

““prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;”.

(5) F329 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F329 S. 97(5) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

Commencement Information

I53 S. 97 wholly in force at 1.6.1999; S. 97 not in force at Royal Assent see s. 121; In force at 30.9.1998 for the purpose of making an order under section 23 of the 1969 Act by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 97 in force at 1.6.1999 insofar as not already in force by S.I. 1999/1279, art. 2(d)

98 Remands and committals: alternative provision for 15 or 16 year old boys. E+W

(1) Section 23 of the 1969 Act shall have effect with the modifications specified in subsections (2) to (6) below in relation to any male person who—

(a) is of the age of 15 or 16; and

(b) is not of a description prescribed for the purposes of subsection (5) of that section [F330 ; and

(c) is not remanded in connection with proceedings under the Extradition Act 2003.]

(2) In subsection (1), immediately before the words “the remand” there shall be inserted the words “ then, unless he is remanded to a remand centre or a prison in pursuance of subsection (4)(b) or (c) below, ”.

(3) For subsections (4) to (5A) there shall be substituted the following subsections—

“(4) Where a court, after consultation with a probation officer, a social worker of a local authority F331 . . . or a member of a youth offending team, declares a person to be one to whom subsection (5) below applies—

(a) it shall remand him to local authority accommodation and require him to be placed and kept in secure accommodation, if—

(i) it also, after such consultation, declares him to be a person to whom subsection (5A) below applies; and

(ii) it has been notified that secure accommodation is available for him;

(b) it shall remand him to a remand centre, if paragraph (a) above does not apply and it has been notified that such a centre is available for the reception from the court of persons to whom subsection (5) below applies; and

(c) it shall remand him to a prison, if neither paragraph (a) nor paragraph (b) above applies.

(4A) A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—

(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(5) This subsection applies to a person who—

(a) is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

(b) has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,

if (in either case) the court is of opinion that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation, would be adequate to protect the public from serious harm from him.

(5A) This subsection applies to a person if the court is of opinion that, by reason of his physical or emotional immaturity or a propensity of his to harm himself, it would be undesirable for him to be remanded to a remand centre or a prison.”

(4) In subsection (6)—

(a) for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “ declares a person to be one to whom subsection (5) above applies ”; and

(b) for the words “subsection (5) above” there shall be substituted the words “ that subsection ”.

(5) In subsection (7), after the words “a security requirement” there shall be inserted the words “ (that is to say, a requirement imposed under subsection (4)(a) above that the person be placed and kept in secure accommodation) ”.

(6) After subsection (9) there shall be inserted the following subsection—

“(9A) Where a person is remanded to local authority accommodation without the imposition of a security requirement, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, subsection (4) above shall apply.”

(7) Section 62 of the 1991 Act (which is superseded by this section) shall cease to have effect.

Textual Amendments

F330 S. 98(1)(c) and preceding word inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 201(10), 221; S.I. 2003/3103, art. 2 (with arts. 3-5 (as amended by S.I. 2003/3258, art. 2(2); S.I. 2003/3312, art. 2(2))

F331 Words in s. 98(3) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Modifications etc. (not altering text)

C34 S. 98 amended (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 4, 7 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii) (with Sch. 2 para. 2)

Release and recall of prisoners E+W

99 Power to release short-term prisoners on licence. E+W

F332 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332 S. 99 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

100 Curfew condition to be included in licence. E+W

F333 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333 S. 100 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

101 Early release: two or more sentences. E+W

(1) F334 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—

“(4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.”

Textual Amendments

F334 S. 101(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

Commencement Information

I54 S. 101 wholly in force; S. 101 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

F335 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F335 S. 102 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

103 Recall to prison of short-term prisoners. E+W

F336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F336 S. 103 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

104 Release on licence following recall to prison. E+W

F337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F337 S. 104 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

105 Release on licence following return to prison. E+W

F338 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338 S. 105 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)

Miscellaneous E+W+S

106 Pre-consolidation amendments. E+W+S

The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.

Commencement Information

I55 S. 106 wholly in force; S. 106 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

107 Amendments to Chapter I of Part II of 1997 Act. E+W

F339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F339 S. 107 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

108 Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997. S

F340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F340 S. 108 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

109 Transitional provisions in relation to certain life prisoners. S

(1) Section 16 of the M53 Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.

(2) In subsection (2), at the beginning there shall be inserted the words “Except in a case to which subsection (3A) or (3B) below applies,”.

(3) After subsection (3) there shall be inserted the following subsections—

“(3A) This subsection applies in a case where a person—

(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

(b) has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.

(3B) This subsection applies in a case where a person—

(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

(b) has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.

(3C) In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.”

(4) Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the M54 Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.

Marginal Citations

M53 1997 c.48.

M54 1997 c.48.

110 Calculation of period of detention at customs office etc. where person previously detained. S

In section 24 of the M55 Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), in subsection (4)—

(a) for the words from “he” to “be” there shall be substituted the words “ and is ”; and

(b) after the word “detention” there shall be inserted the words “ , the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention ”.

Commencement Information

I56 S. 110 wholly in force; S. 110 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M55 1995 c.39.

111 Early release in Scotland: two or more sentences. S

(1) After section 1 of the 1993 Act there shall be inserted the following section—

“1A Application to persons serving more than one sentence.

Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act—

(a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;

(b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and

(c) where he is released on licence under this Part of this Act, he shall be on a single licence which—

(i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and

(ii) shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences.”

(2) After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—

“(8) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.”

(3) For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—

“(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

(a) the sentences were passed at the same time; or

(b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.”

(4) In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—

(a) for the words “a prisoner” there shall be substituted the words “ an existing prisoner ”;

(b) the word “and” after head (a) shall cease to have effect;

(c) in head (b), for the words “that date” there shall be inserted the words “ the date on which section 111 of the Crime and Disorder Act 1998 comes into force ”; and

(d) after head (b) there shall be inserted the following— “; and

(c) he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.”

(5) After that paragraph there shall be inserted the following paragraph—

“6C (1) This paragraph applies where—

(a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;

(b) on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and

(c) the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.

(2) In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

(3) In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

(4) In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which—

(a) shall (unless revoked) remain in force until the later of—

(i) the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or

(ii) the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and

(b) shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.

(5) In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.”

(6) Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.

(7) Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.

(8) In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “ or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act ”.

Commencement Information

I57 S. 111 wholly in force; s. 111(8) in force at Royal Assent see s. 121(2) S. 111 wholly in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

112 Restriction on consecutive sentences for released prisoners: Scotland. S

After section 204 of the 1995 Act there shall be inserted the following section—

“204A Restriction on consecutive sentences for released prisoners.

A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the M56 Prisoners and Criminal Proceedings (Scotland) Act 1993.”

Commencement Information

I58 S. 112 wholly in force; S. 112 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M56 1993 c.9.

113 Deputy authorising officer under Part III of Police Act 1997. E+W

F341 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F341 S. 113 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 118 {Sch. 17 pt. 2}; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(gg) (with art. 4(2)-(7))

Supplemental U.K.

114 Orders and regulations. E+W

(1) Any power of a Minister of the Crown [F342 or of the National Assembly for Wales] to make an order or regulations under this Act—

(a) is exercisable by statutory instrument; and

(b) includes power to make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order or regulations.

(2) A statutory instrument containing an order under section [F343 1A,][F344 , 1G][F345 5(1A), (2) or (3)F346 . . . [F347 10(6), 66C(1) or 66H(e)(vi)] above (other than one made by the National Assembly for Wales), or containing] regulations under [F348 section 6 or 17A or] paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F349 (2A) Subsection (2) also applies to a statutory instrument containing—

(a) an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or

(b) an order under section 66G(5) other than the first such order.]

(3) No order under section [F350 1F,][F351 5(6),][F352 13A(5),][F353 17(4), 38(5), 41(6) [F354 , 66A(6)] or 115(3)] above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

[F355 (3A) Subsection (3) also applies to—

(a) an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and

(b) the first order under section 66G(5).]

[F356 (4) The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).]

Textual Amendments

F342 Words in s. 114(1) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(13)(a), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F343 Word in s.114(2) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(2); S.I. 2002/2750, art. 2(a)(vii)

F344 Words in s. 114(2) inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(2), 24(3); S.I. 2006/2136, art. 2

F345 Words in s. 114(2) substituted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(13)(b), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F346 Words in s. 114(2) repealed (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(2)(a), Sch. 15 Pt. 3; S.I. 2007/1614, art 3(b)(e)(i); S.I. 2007/3073, art. 2(a)(c)(i)

F347 Words in s. 114(2) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 4(2) (with Sch. 27 para. 18); S.I. 2009/140, art 2(e)(iii)

F348 Words in s. 114(2) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(2)(b); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F349 S. 114(2A) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 4(3) (with Sch. 27 para. 18); S.I. 2009/140, art 2(e)(iii)

F350 Words in s. 114(3) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

F351 Words in s. 114(3) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(3)(a); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F352 Words in s. 114(3) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 5; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F353 Words in s. 114(3) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(3)(b); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F354 Words in s. 114(3) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 4(4) (with Sch. 27 para. 18); S.I. 2009/140, art 2(e)(iii)

F355 S. 114(3A) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 48(1), 153(7), Sch. 9 para. 4(5) (with Sch. 27 para. 18); S.I. 2009/140, art 2(e)(iii)

F356 S. 114(4) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

115 Disclosure of information. E+W+S

(1) Any person who, apart from this subsection, would not have power to disclose information—

(a) to a relevant authority; or

(b) to a person acting on behalf of such an authority,

shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

(2) In [F357 this section]“relevant authority” means—

(a) the chief officer of police for a police area in England and Wales;

(b) the chief constable of a police force maintained under the M57 Police (Scotland) Act 1967;

(c) a police authority within the meaning given by section 101(1) of the M58 Police Act 1996;

(d) a local authority, that is to say—

(i) in relation to England, a county council, a district council, a London borough council [F358 , a parish council] or the Common Council of the City of London;

(ii) in relation to Wales, a county council [F359 , a county borough council or a community council] ;

(iii) in relation to Scotland, a council constituted under section 2 of the M59 Local Government etc. (Scotland) Act 1994;

[F360 (dza) a non-profit registered provider of social housing;]

[F361 (da) a person registered under section 1 of the Housing Act 1996 as a social landlord;]

(e) a [F362 local probation board] in England and Wales;

[F363 (ea) a Strategic Health Authority;]

[F364 (eb) probation trust

(ec) a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007]

(f) a [F365 Local Health Board];

[F366 (g) a Primary Care Trust];

[F367 (h) the London Fire and Emergency Planning Authority;

(i) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(j) a metropolitan county fire and rescue authority.]

[F368 (3) The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

(a) adding an entry for any person or body to the list of authorities in subsection (2),

(b) altering or repealing any entry for the time being included in the list, or

(c) adding, altering or repealing provisions for the interpretation of entries in the list.

(4) In subsection (3) “the appropriate national authority” has the same meaning as in section 5.]

Textual Amendments

F357 Words in s. 115(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F358 Words in s. 115(2)(d)(i) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(a), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F359 Words in s. 115(2)(d)(ii) substituted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(b), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F360 S. 115(2)(dza) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 111

F361 S. 115(2)(da) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 219, 270(3)(a)

F362 Words in s. 115(2)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F363 S. 115(2)(ea) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(6)

F364 S. 115(2)(eb)(ec) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(7)

F365 Words in s. 115(2)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(f)

F366 S. 115(2)(g) added (8.2.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), arts. 1, 3(1), Sch. 1 para. 35(7)

F367 S. 115(2)(h)-(j) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F368 S. 115(3)(4) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 7(3); S.I. 2007/1614, art. 3(b); S.I. 2007/3073, art. 2(a)

Commencement Information

I59 S. 115 wholly in force; S. 115 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M57 1967 c.77.

M58 1996 c.16.

M59 1994 c.39.

116 Transitory provisions. E+W

F369 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F369 S. 116 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

117 General interpretation. E+W+S

(1) In this Act—

• “the 1933 Act” means the M60 Children and Young Persons Act 1933;

• “the 1969 Act” means the M61 Children and Young Persons Act 1969;

• “the 1973 Act” means the M62 Powers of Criminal Courts Act 1973;

• “the 1980 Act” means the M63 Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M64 Criminal Justice Act 1982;

• “the 1984 Act” means the M65 Police and Criminal Evidence Act 1984;

• “the 1985 Act” means the M66 Prosecution of Offences Act 1985;

• “the 1989 Act” means the M67 Children Act 1989;

• “the 1991 Act” means the M68 Criminal Justice Act 1991;

• “the 1994 Act” means the M69 Criminal Justice and Public Order Act 1994;

• “the 1997 Act” means the M70 Crime (Sentences) Act 1997;

• “caution” has the same meaning as in Part V of the M71 Police Act 1997;

• “child” means a person under the age of 14;

• F370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “custodial sentence” has the same meaning as in [F371 the Powers of Criminal Courts (Sentencing) Act 2000];

• “guardian” has the same meaning as in the 1933 Act;

• [F372 “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

• “prescribed” means prescribed by an order made by the Secretary of State;

• “young person” means a person who has attained the age of 14 and is under the age of 18;

• “youth offending team” means a team established under section 39 above.

(2) In this Act—

• “the 1993 Act” means the M72 Prisoners and Criminal Proceedings (Scotland) Act 1993; and

• “the 1995 Act” means the M73 Criminal Procedure (Scotland) Act 1995.

(3) For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

Textual Amendments

F370 S. 117(1): definition of "commission area" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 60

F371 S. 117(1): words in definition of “custodial sentence” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 200

F372 S. 117(1): definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 152; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M60 1933 c.12.

M61 1969 c.54.

M62 1973 c.62.

M63 1980 c.43.

M64 1982 c.48.

M65 1984 c.60.

M66 1985 c.23.

M67 1989 c.41.

M68 1991 c.53.

M69 1994 c.33.

M70 1997 c.43.

M71 1997 c.50.

M72 1993 c.9.

M73 1995 c.46.

118 Provision for Northern Ireland. N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M74 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 above—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I60 S. 118 wholly in force; S. 118 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M74 1974 c.28.

F373 119 Minor and consequential amendments. U.K.

The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Textual Amendments

F373 S. 119 wholly in force; S. 119 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

120 Transitional provisions, savings and repeals. E+W

(1) The transitional provisions and savings contained in Schedule 9 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M75 Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I61 S. 120 partly in force; S. 120 not in force at Royal Assent see s. 121; S. 120(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M75 1978 c.30.

121 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Crime and Disorder Act 1998.

(2) This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(3) Without prejudice to the provisions of Schedule 9 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (12) below, this Act extends to England and Wales only.

(5) The following provisions extend to Scotland only, namely—

(a) Chapter II of Part I;

(b) section 33;

(c) Chapter II of Part IV;

(d) sections 108 to 112 and 117(2); and

(e) paragraphs 55, 70, 71, 98 to 108, 115 to 124 and 140 to 143 of Schedule 8 and section 119 above so far as relating to those paragraphs.

(6) The following provisions also extend to Scotland, namely—

(a) Chapter III of Part I;

(b) section 36(3) to (5);

(c) section 65(9);

(d) section 115;

(e) paragraph 3 of Schedule 3 to this Act and section 52(6) above so far as relating to that paragraph;

F374 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) paragraphs 1, 7(1) and (3), 14(1) and (2), 35, 36, 45, 135, 136 and 138 of Schedule 8 to this Act and section 119 above so far as relating to those paragraphs; and

(h) this section.

(7) Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.

(8) Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

(9) Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

(10) Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

(11) The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

(12) F375 . . . and in Schedule 1 to the 1997 Act—

(a) paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and

(b) paragraph 19 (application of Schedule in relation to the Isle of Man),

apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.

Subordinate Legislation Made

P1 S. 121 power partly exercised (31.7.1998): 1.8.1998 and 7.8.1998 appointed days for specified provisions by S.I. 1998/1883

S. 121 power partly exercised (19.9.1998): differenbt dates appointed for specified provisions by S.I. 1998/2327

S. 121 power partly exercised (21.12.1998): different dates appointed for specified provisions by S.I. 1998/3263

S. 121 power partly exercised (4.5.1999): 1.6.1999 appointed for specified provisions by S.I. 1999/1279, art. 2

S. 121 power partly exercised (28.10.1999): 1.11.1999 appointed for specified provisions by S.I. 1999/2976, art. 2

S. 121 power partly exercised (15.12.1999): 1.4.2000 appointed for specified provisions by S.I. 1999/3426, art. 3 (with art. 4)

S. 121 power partly exercised (28.3.2000): different dates appointed for specified provisions by S.I. 2000/924, arts. 2-5

S. 121 power partly exercised (15.12.2000): 15.1.2001 appointed for specified provisions by S.I. 2000/3283, art. 2 (with art. 3)

Textual Amendments

F374 S. 121(6)(f) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F375 Words in s. 121(12) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(4)(p) (with Sch. 2)