- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (08/01/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2008
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Criminal Justice Act 2003, Section 197 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means—
(a)in a case where the order—
(i)imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 177(1) or, as the case requires, section 182(1) or 190(1), and
(ii)imposes an electronic monitoring requirement,
the person who under section 215(3) is responsible for the electronic monitoring required by the order;
(b)in a case where the offender is aged 18 or over and the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;
(c)in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.
(2)The following are qualifying officers for the purposes of subsection (1)(c) —
(a)in a case where the offender is aged under 18 at the time when the relevant order is made, an officer of a local probation board appointed for or assigned to the [F1local justice area] for the time being specified in the order or a member of a youth offending team established by a local authority for the time being specified in the order;
(b)in any other case, an officer of a local probation board appointed for or assigned to the [F1local justice area] for the time being specified in the order.
(3)The Secretary of State may by order—
(a)amend subsections (1) and (2), and
(b)make any other amendments of this Part that appear to him to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
(4)An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of “responsible officer” is to apply in relation to any relevant order.
Textual Amendments
F1Words in s. 197(2)(a)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 102
Modifications etc. (not altering text)
C1S. 197(1)(2) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 197 partly in force; s. 197 not in force at Royal Assent, see s. 336(3); s. 197 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 197(3)(4) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 197 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 12 (subject to art. 2(2), Sch. 2)
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