Powers of Criminal Courts Act 1973 (repealed)

SCHEDULES

Section 5.

SCHEDULE 1 E+W Discharge and Amendment of Probation Orders

Discharge E+W

1 (1) A probation order may be discharged, in accordance with the following provisions of this paragraph, on an application made by the probation officer or by the probationer.

[F1 (1A) No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) Where the probation order was made by the court by or before which the probationer was convicted, or on appeal [F2 or by the Crown Court, where a magistrates’ has committed an offender to it for sentence, or by a magistrates’ court to which the offender has been remitted for sentence under section 39 of the Magistrates’ Courts Act 1980,] the power to discharge the order shall, subject to sub-paragraph (3) below, be exercised by the supervising court.

(3) Where the court before which the probationer was convicted or the court from which the appeal is brought is the Crown Court [F3 or where the Crown Court made the order following the offenders’ committal to it for sentence by a magistrates’ court] and there is included in the order a direction that the power be reserved to that court, the power to discharge the order shall be exercised by the Crown Court.

(4) In any other case the power to discharge the order shall be exercised by the court by which the order was made.

Textual Amendments

F1 Sch. 1 para. 1(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(i)

F2 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(a)

F3 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(b)

Amendment E+W

2 (1) Subject to sub-paragraph (2) below, if the supervising court is satisfied that a probationer proposes to change, or has changed his residence from the petty sessions area named in the probation order to another petty sessions area, the court may, and on the application of the probation officer shall, by order amend the probation order by substituting for the petty sessions area named in the order the petty sessions area where the probationer proposes to reside or is residing.

[F4 (1A) No order may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) If the probation order contains requirements which, in the opinion of the court, cannot be complied with unless the probationer continues to reside in the area named in the order, the court shall not amend the order under this paragraph unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes for those requirements other requirements which can be complied with if the probationer ceases to reside in that area.

(3) Where a probation order is amended under this paragraph, the old supervising court shall send to the clerk to the justices for the new area named in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to the new supervising court.

Textual Amendments

F4 Sch. 1 para. 2(1A) inserted by Criminal Justice Act 1982 (c.48, SIF 39:1), s. 66(3)(b)(ii)

3 (1) Without prejudice to the provisions of paragraph 2 above, but subject to sub-paragraph (2) below, the supervising court may, on an application made by the probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements of the order or by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include under section 2, 3 [F5 , 4A or 4B] of this Act if it were then making the order.

[F6 (1A) No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) The power of the supervising court under this paragraph to amend a probation order shall be subject to the following restrictions—

(a) the court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 ;

(c) the court shall not amend a probation order by inserting therein a requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

Textual Amendments

F5 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(c)

F6 Sch. 1 para. 3(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(i)

F7 Sch. 1 para. 3(2)(b) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

4 [F8 Subject to paragraph 4A below, where] the medical practitioner by whom or under whose direction a probationer is being treated for his mental condition in pursuance of any requirement of the probation order is of opinion—

(a) that the treatment of the probationer should be continued beyond the period specified in that behalf in the order, or

(b) that the probationer needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order, or

(c) that the probationer is not susceptible to treatment, or

(d) that the probationer does not require further treatment,

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the probation officer and the probation officer shall apply to the supervising court for the variation or cancellation of the requirement.

Textual Amendments

F8 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(iii)

[F9 4A No application may be made under paragraph 4 above while an appeal against the probation order is pending.]

Textual Amendments

F9 Sch. 1 para. 4A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(iv)

General E+W

5 (1) Subject to sub-paragraph (2) below, where the supervising court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall summon him to appear before the court; and the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.

(2) This paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new petty sessions area for the area named in the probation order.

6 (1) On the making of an order discharging or amending a probation order, the clerk to the court shall forthwith—

(a) if the order discharges the probation order or amends it otherwise than by substituting a new petty sessions area for the area named in the probation order, give copies of the discharging or amending order to the probation officer;

(b) if the order amends the probation order in the manner excepted by head (a) above, send copies of the amending order to the clerk to the justices for the new petty sessions area;

and in a case falling within head (b) above the clerk to the justices for the new petty sessions area shall give copies of the amending order to the probation officer.

(2) A probation officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7

Textual Amendments

F10 Sch. 1 para. 7 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Valid from 01/10/1992

[F11 Schedule 1A E+W Additional Requirements in Probation Orders]

Textual Amendments

F11 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt.II, Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C1 Sch. 1A modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. I paras. 1(3), 2(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2

Requirements as to residence E+W

F12 1 (1) Subject to sub-paragraphs (2) and (3) below, a probation order may include requirements as to the residence of the offender.

(2) Before making a probation order containing any such requirement, the court shall consider the home surroundings of the offender.

(3) Where a probation order requires the offender to reside in an approved hostel or any other institution, the period for which he is so required to reside shall be specified in the order.

Textual Amendments

F12 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt.II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Requirements as to activities etc. E+W

F13 2 (1) Subject to the provisions of this paragraph, a probation order may require the offender—

(a) to present himself to a person or persons specified in the order at a place or places so specified;

(b) to participate or refrain from participating in activities specified in the order—

(i) on a day or days so specified; or

(ii) during the probation period or such portion of it as may be so specified.

(2) A court shall not include in a probation order a requirement such as is mentioned in sub-paragraph (1) above unless—

(a) it has consulted a probation officer; and

(b) it is satisfied that it is feasible to secure compliance with the requirement.

(3) A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the offender and the probation officer responsible for his supervision, unless that other person consents to its inclusion.

(4) A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place or places for not more than 60 days in the aggregate; and

(b) while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.

(5) A place specified in an order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

(6) A requirement to participate in activities shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to participate in activities for not more than 60 days in the aggregate; and

(b) while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(7) Instructions given by a probation officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends a school or other educational establishment.

Textual Amendments

F13 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt. II, Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Requirements as to attendance at probation centre E+W

F14 3 (1) Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.

(2) A court shall not include such a requirement in a probation order unless—

(a) it has consulted a probation officer; and

(b) it is satisfied—

(i) that arrangements can be made for the offender’s attendance at a centre; and

(ii) that the person in charge of the centre consents to the inclusion of the requirement.

(3) A requirement under sub-paragraph (1) above shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

(b) while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

(4) Instructions given by a probation officer under sub-paragraph (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends a school or other educational establishment.

(5) References in this paragraph to attendance at a probation centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(6) The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

(7) In this paragraph “probation centre” means premises—

(a) at which non-residential facilities are provided for use in connection with the rehabilitation of offenders; and

(b) which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to probation orders.

Textual Amendments

F14 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt. II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Extension of requirements for sexual offenders E+W

F15 4 (1) If the court so directs in the case of an offender who has been convicted of a sexual offence—

(a) sub-paragraphs (4) and (6) of paragraph 2 above; and

(b) sub-paragraph (3) of paragraph 3 above,

shall each have effect as if for the reference to 60 days there were substituted a reference to such greater number of days as may be specified in the direction.

(2) In this paragraph “sexual offence” has the same meaning as in Part I of the Criminal Justice Act 1991.

Textual Amendments

F15 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt.II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2

Requirements as to treatment for mental condition etc. E+W

F16 5 (1) This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a duly qualified medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the offender—

(a) is such as requires and may be susceptible to treatment; but

(b) is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.

(2) The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a duly qualified medical practitioner with a view to the improvement of the offender’s mental condition.

(3) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident patient in a mental hospital;

(b) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(c) treatment by or under the direction of such duly qualified medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition 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 to be required to submit to treatment as a resident patient).

(5) While the offender is under treatment as a resident patient in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(6) Where the medical practitioner by whom or under whose direction an offender is being treated for his mental condition in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the offender will be given by or under the direction of a duly qualified medical practitioner,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(7) Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.

(8) Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

(a) the medical practitioner by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

(9) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

(10) In this paragraph “mental hospital” means a hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Registered Homes Act 1984, not being a special hospital within the meaning of the National Health Service Act 1977.

Textual Amendments

F16 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt. II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch.2

Requirements as to treatment for drug or alcohol dependency E+W

[F17 6 (1) This paragraph applies where a court proposing to make a probation order is satisfied—

(a) that the offender is dependent on drugs or alcohol;

(b) that his dependency caused or contributed to the offence in respect of which the order is proposed to be made; and

(c) that his dependency is such as requires and may be susceptible to treatment.

(2) The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on drugs or alcohol.

(3) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident in such institution or place as may be specified in the order;

(b) treatment as a non-resident in or at such institution or place as may be so specified; and

(c) treatment by or under the direction of such person having the necessary qualifications or experience as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol 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 to be required to submit to treatment as a resident).

(5) While the offender is under treatment as a resident in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(6) Where the person by whom or under whose direction an offender is being treated for dependency on drugs or alcohol in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the offender will be given by or under the direction of a person having the necessary qualifications or experience,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(7) Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.

(8) Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

(a) the person by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

(9) In this paragraph the reference to the offender being dependent on drugs or alcohol includes a reference to his having a propensity towards the misuse of drugs or alcohol, and references to his dependency on drugs or alcohol shall be construed accordingly.]

Textual Amendments

F17 Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt. II, Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

Valid from 30/09/1998

F18 [Interpretation] E+W

Textual Amendments

F18 Sch. 1A para. 7 and cross heading inserted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(1)(b), Sch. 1 and otherwiseprosp. ) by 1998 c. 37, s. 119, Sch. 8 para. 34(3); S.I. 1998/2327, art. 3(1)(b), Sch.1 (which Sch. 8 para. 34 is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I)

F19 7 In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team.

Textual Amendments

F19 Sch. 1A para. 7 and cross heading inserted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(1)(b), Sch. 1 and otherwiseprosp.) by 1998 c. 37, s. 119, Sch. 8 para. 34(3); S.I. 1998/2327, art. 3(1)(b), Sch.1 (which Sch. 8 para. 34 is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I)

F20 F20 SCHEDULE 2 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 2 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III

Section 47.

SCHEDULE 3 E+W The Probation and After-Care Service and its Functions

Part I E+W The Probation and After-Care Service

Probation and after-care areas E+W

1 (1) Subject to the following provisions of this paragraph, if the Secretary of State is of opinion, either upon consideration of proposals submitted to him by a magistrates’ courts committee for a county or without any such proposals, that it is expedient that any two or more petty sessions areas should form one probation and after-care area, he may make an order to that effect; and the order may contain such incidental and consequential provisions as appear to the Secretary of State to be expedient for the purposes of the order.

(2) Before making an order under sub-paragraph (1) above the Secretary of State shall give to the justices acting for any petty sessions area affected by the order an opportunity of making to him any representations which they may desire to make with respect to the order, and shall consider any representations made by them.

(3) The Secretary of State shall make provision by order under sub-paragraph (1) above for combining in one probation and after-care area all of the petty sessional divisions of the inner London area.

(4) The City of London shall not be included in a probation and after-care area constituted by an order made under sub-paragraph (1) above.

(5) Every petty sessions area which is not included in a probation and after-care area by virtue of an order made under sub-paragraph (1) above shall itself constitute a probation and after-care area.

Probation and after-care committees E+W

2 (1) For every probation and after-care area there shall be a probation and after-care committee, which shall be a body corporate.

(2) Subject to the following provisions of this paragraph and to the provisions of paragraphs 6 and 7 below, a probation and after-care committee for any area shall consist—

(a) if that area comprises more than one petty sessions area, of such number of justices as may be specified by the order under paragraph 1(1) above, appointed in the manner so specified by the justices acting for the F21 . . . petty sessions areas comprised in that area;

(b) if that area is one petty sessions area, of a prescribed number of justices appointed in the prescribed manner by the justices acting for that petty sessions area.

(3) Sub-paragraph (2) above shall not apply to the probation and after-care committee for the inner London area, but that committee shall, subject to the provisions of sub-paragraph (4) below and of paragraphs 6 and 7 below, consist—

(a) of such number of metropolitan stipendiary magistrates, nominated by the chief metropolitan stipendiary magistrate, as may be specified by the order under paragraph 1(1) above;

(b) of such number as may be so specified of lay justices for the petty sessional divisions of the area, chosen, in such manner as may be so specified, by the lay justices for those divisions;

(c) of such number as may be so specified of the members of the juvenile courts panel for the inner London area and the City of London, chosen in such manner as may be so specified.

(4) The Lord Chancellor may, if he thinks fit, appoint—

(a) one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders); . . . F22

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

to be members of the probation and after-care committee for any area, and any person so appointed shall hold office in accordance with the terms of his appointment.

(5) Any contract made or other thing done by or on behalf of a probation and after-care committee before it became, by virtue of section 37 of the Justices of the Peace Act 1949, a body corporate, shall have effect as if made or done by or on behalf of the body corporate constituted by sub-paragraph (1) above.

Textual Amendments

F21 Word in Sch. 3 para. 2(2)(a) repealed (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, 101(2), Sch. 11, para. 17(1), Sch.13; S.I. 1991/2208, art.2(4), Sch. 3

F22 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

3 (1) It shall be the duty of every probation and after-care committee—

[F23 (a) to appoint such number of probation officers—

(i) as may be determined by them without objection by the responsible authority; or

(ii) where objection is made, as may be agreed between them and that authority,

to be a sufficient number of such officers for their probation area, subject, in the case of such classes or descriptions of officers as may be prescribed, to the approval of the appointment by the Secretary of State;]

(b) to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be [F24 determined by the Secretary of State under paragraph 18A below];

(c) to provide for the efficient carrying out of the work of probation officers;

(d) to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as resident patients; and

(e) to perform such other duties in connection with the work of probation officers as may be prescribed.

[F25 and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State]

(2) A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons [F26 in relation to whom probation officers appointed for their area have responsibilities].

[F27 (2A) A probation committee may provide facilities for enabling—

(a) directions given by a supervisor by virtue of subsection (2) of section 12 of the Children and Young Persons Act 1969; F28 . . .

(b) requirements included in a supervision order by virtue of [F29 section 12A(3) of that Act,] to be carried out effectively [F30 and

(c) directions given under paragraphs 2 or 3 of Schedule 3 to the Children Act 1989]]

(3) A probation and after-care committee may, . . . F31 , delegate all or any of their functions to a sub-committee consisting of members of the committee and such other persons (if any) as may be co-opted to be members of the sub-committee; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the committee.

(4) Notwithstanding that, by virtue of paragraph 2(1) above, a probation and after-care committee is a body corporate, any provision applying to employees of justices shall, unless the contrary intention appears, apply to employees of a probation and after-care committee.

[F32 (5) In this paragraph “the responsible authority”—

(a) in relation to a probation area other than the inner London probation area, means the local authority in whose area that probation area is situated; and

(b) in relation to the inner London probation area, means—

(i) the Receiver for the metropolitan police district; and

(ii) where that area includes one or more petty sessions areas outside the inner London area, the local authority or authorities in whose area or areas that petty sessions area or those petty sessions areas is or are situated;

and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.]

Textual Amendments

F23 Sch. 3 para. 3(1)(a) substituted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(2)(a); S.I. 1991/2208, art. 2(4), Sch. 3

F24 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F25 Words in Sch. 3 para. 3(1)(a) inserted (31.10.1991) by Criminal Justice ACt 1991 (c. 53), s. 94(2)(b); S.I. 1991/2208, art.2(4), Sch. 3

F26 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(a)(ii)

F27 Sch. 3 para. 3(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 11 para. 6(a)(iii)

F28 Word in Sch. 3 para. 3(2A)(a) repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2).

F29 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 42

F30 Sch. 3 para. 3(2A)(c) and the word in Sch. 3 para. 3(2A)(b) added (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 34; S.I. 1991/828, art. 3(2)

F31 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(a)(iv), Sch. 16

F32 Sch. 3 para. 3(5) substituted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(2)(c); S.I. 1991/2208, art. 2(4), Sch.3

Modifications etc. (not altering text)

C2 Sch. 3 para. 3(5) amended (temp.) (E.W.) (02.10.1991) by S.I.1991/2208, art. 2(5)

[F33 Probation liaison committees] E+W

Textual Amendments

F33 Sch. 3 paras. 4, 5 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65, Sch. 11 para. 6(b)

F34 4 (1) [F35 Subject to sub-paragraph (1A) below, for] every petty sessions area outside the inner London area there shall be one or more committees, to be called “probation liaison committees", and every such committee shall, subject to paragraphs 6 and 7 below, consist—

(a) if the petty sessions area is a separate probation area, of the probation committee;

(b) in any other case, of not less than three justices appointed by the justices acting for that petty sessions area.

[F36 (1A) Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.]

(2) It shall be the duty of probation liaison committees for areas outside the inner London area to review the work of probation officers, and to perform such other duties in connection with the work of probation officers as may be prescribed.

(3) A probation committee for any area outside the inner London area shall pay any expenses incurred in accordance with rules made by the Secretary of State under this Schedule by a probation liaison committee for a petty sessions area in their probation area, and any allowances under paragraph 13 below to members of any such committee.

[F37 (4) A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.]

Textual Amendments

F34 Sch. 3 paras. 4,5 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65, Sch. 11 para. 6(b)

F35 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 2(a)

F36 Sch. 3 para. 4(1A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 2(b)

F37 Sch. 3 para. 4(4) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 2(c)

F38 5 (1) The probation committee for the inner London area may appoint such probation liaison committees, constituted in such manner and for such areas within that area, as the probation committee may determine, and shall pay the expenses of any probation liaison committee appointed under this sub-paragraph.

(2) Any probation liaison committee appointed for an area within the inner London area shall exercise functions conferred on probation liaison committees for areas outside the inner London area by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the inner London area.

Textual Amendments

F38 Sch. 3 paras. 4, 5 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65, Sch. 11 para. 6(b)

Co-option of members of probation and after-care committees and [F39 probation liaison comittee] E+W

Textual Amendments

F39 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(c) it is provided that for every reference to a case committee there is substituted a reference to a probation liaison committee

6 (1) Subject to the provisions of this paragraph, any probation and after-care committee, and any [F40 probation liaison committee] which is not a probation and after-care committee, may co-opt such number of persons as they think fit.

(2) The number of members co-opted under sub-paragraph (1) above shall not exceed one-third of the number of members of the committee, and no person shall be so co-opted if he is a justice of the peace for any county in which the probation and after-care area or any part of it is situated, or which is wholly or partly comprised in that area.

(3) The reference in sub-paragraph (2) above to a county includes a reference to any London commission area within the meaning of the M1 Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any [F40 probation liaison committee] for an area within the inner London area.

Textual Amendments

F40 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(c) it is provided that for every reference to a case committee there is substituted a reference to a probation liaison committee

Modifications etc. (not altering text)

C3 Sch. 3 para. 6 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(3)

C4 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(c) it is provided that for every reference to a case committee there is substituted a reference to a probation liaison committee

Marginal Citations

M1 1964 c. 42.

F41 6A Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.

Textual Amendments

F41 Sch. 3 paras. 6A, 6B inserted by Criminal Justice ACt 1982 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 3

F42 6B (1) The Secretary of State may by order provide that the probation committee for any probation areas shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.

(2) An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.

(3) Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—

(a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorites are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;

(b) may provide for the procedure for co-opting persons to be followed by a committee;

(c) may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and

(d) may disqualify persons of specified descriptions from being co-opted.

(4) An order under this paragraph may make different provision for different committees.

Textual Amendments

F42 Sch. 3 paras. 6A, 6B inserted by Criminal Justice Act 1982 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 3

F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7

Textual Amendments

F43 Sch. 3 para. 7 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 132, 170, Sch. 8 para. 16, Sch. 11 para. 4, Sch. 16

Probation Officers E+W

8 (1) It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them, to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person with a view to assisting the court in determining the most suitable method of dealing with his case, to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody and to perform such other duties as may be prescribed or may be imposed by any enactment or instrument.

(2) In sub-paragraph (1) above “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

9 The probation officer who is to be responsible for the supervision of any probationer shall be selected under arrangements made by the probation and after-care committee for the probation and after-care area which includes the petty sessions area for the time being named in the order from among the probation officers appointed for or assigned to that petty sessions area; and, if the probation officer so selected dies or is unable for any reason to carry out his duties, . . . F44 , another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that petty sessions area.

Textual Amendments

F44 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Part II E+W Functions in relation to the Rehabilitation of Offenders

Functions of probation and after-care committees in relation to community service orders E+W

10 (1) A probation and after-care committee [F45 shall] secure that arrangements for persons to perform work under community service orders are made for their area or, if it comprises more than one petty sessions area, for [F45 each] of the petty sessions areas it comprises.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(3) For the purposes of any arrangements made in pursuance of this paragraph for the whole or any part of the area of a probation and after-care committee, that committee shall have power—

[F47 (a) to appoint staff;]

(b) to provide accommodation, equipment, materials and transport;

(c) to make payments to any society or body in respect of services rendered by them;

(d) to defray travelling and other expenses in connection with the performance of work by persons in respect of whom community service orders are in force.

Textual Amendments

F45 Word substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(d)(i)

F46 Sch. 3 para. 10(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(d)(ii), Sch. 16

F47 Sch. 3 para. 10(3)(a) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 5

Provision of establishments for use in connection with the rehabilitation of offenders, etc. E+W

11 A probation and after-care committee may, with the approval of the Secretary of State, provide and carry on . . . F48 , bail hostels, probation hostels, . . . F49 and other establishments for use in connection with the rehabilitation of offenders.

Textual Amendments

F48 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F49 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

12 (1) A probation and after-care committee shall make such payments and to such persons as may be prescribed in respect of persons accommodated in probation hostels, . . . F50 and bail hostels.

(2) A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons remanded on bail.

Textual Amendments

F50 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Part III E+W General Provisions

Travelling and subsistence allowances E+W

13 (1) Subject to the provisions of this paragraph, a member of a probation and after-care committee or [F51 probation liaision committee] shall be entitled—

(a) to receive payments at [F52 rates determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member of the committee; and

(b) to receive payments at [F52 a rate determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(3) Sub-paragraph (1) above shall not apply in relation to a member of a [F54 probation liaision committee] for an area within the inner London area.

Textual Amendments

F51 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison committee

F52 Words substituted by Administration of Justice Act 1977 (c. 38), Sch. 2 para. 6

F53 Sch. 3 para. 13(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F54 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the reference to a case committee there is substituted a reference to a probation liaison committee

Modifications etc. (not altering text)

C5 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison committee

C6 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the reference to a case committee there is substituted a reference to a probation liaison committee

Adjustment of expenses of probation and after-care committees inter se E+W

14 (1) Where a probation officer is appointed for more than one probation and after-care area, his salary and any expenses incurred by him or by a probation and after-care committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under any regulations under section 7 of the M2 Superannuation Act 1972 shall be apportioned between the probation and after-care committees for the several probation and after-care areas for which he is appointed, in such manner as may be agreed between the committees concerned after consultation with the local authorities which, by virtue of paragraph 15 below, are required to defray the expenses of those committees, or as in default of agreement may be determined by the Secretary of State.

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F55 Sch. 3 para. 14(2)(3) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Marginal Citations

M2 1972 c. 11.

Expenses of probation and after-care committees to be borne by local authorities E+W

15 (1) Subject to sub-paragraph (2) below and to paragraph 16 below the sums required to meet—

(a) any expenses incurred by a probation and after-care committee under the provisions of this Schedule (including allowances under paragraph 13);

(b) any expenses incurred by a probation and after-care committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the M3 Superannuation Act 1972 to or in respect of probation officers and clerks appointed by probation and after-care committees or probation officers to assist probation officers in the performance of their duties; and

(c) any other expenses incurred by a probation and after-care committee in accordance with rules made under this Schedule;

shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation and after-care area is situated.

(2) Sub-paragraph (1) above shall not apply to any expenses incurred by a probation and after-care committee in providing and carrying on probation hostels, probation homes and bail hostels.

(3) Where a probation and after-care area is situated in the area of two or more local authorities, the sums to be defrayed under sub-paragraph (1) above shall be apportioned between the several authorities in such manner as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 3 para. 15(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

Modifications etc. (not altering text)

C7 Sch. 3 para. 15(1) modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

C8 Sch. 3 para. 15(3) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

C9 Sch. 3 para. 15(3) modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

Marginal Citations

M3 1972 c. 11.

Special provision for expenses of the probation and after-care committee for the inner London area E+W

16 Paragraph 15 above shall not apply in relation to expenses incurred by the probation and after-care committee for the inner London area, but there shall be paid out of the metropolitan police fund such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation and after-care area outside Greater London, would be payable by virtue of that paragraph by the local authority.

[F57 Limits on sums payable under paragraphs 15 and 16] E+W

Textual Amendments

F57 Sch. 3 para. 16A inserted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(3); S.I. 1991/2208, art. 2(4), Sch. 3

F58 16A (1) Nothing in paragraph 15 or 16 above shall require a local authority to defray any sums which would cause its expenditure in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State under section 51(3A)(b) of this Act.

(2) Nothing in paragraph 16 above shall require there to be paid out of the metropolitan police fund any sums which would cause the expenditure out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being so determined.

(3) In this paragraph “expenditure” means expenditure under this Schedule.

Textual Amendments

F58 Sch. 3 para. 16A inserted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(3); S.I. 1991/2208, art. 2(4), Sch. 3

Provision of accommodation by local authorities for the probation and after-care service E+W

17 (1) In any case in which a local authority would be liable under paragraph 15(1) or (3) above to defray all or part of the expenses incurred by a probation and after-care committee in providing any accommodation, the local authority may, subject to the provisions of this paragraph, itself provide the accommodation in question for the use of the committee.

(2) A local authority shall not by virtue of this paragraph provide any accommodation for the use of a probation and after-care committee except with the agreement—

(a) of the committee; and

(b) if the expenses of the committee in providing the accommodation would have fallen to be defrayed partly by that authority and partly by one or more other local authorities, of the other local authority or authorities.

(3) Where in accordance with sub-paragraph (2)(b) above a local authority provides accommodation with the agreement of one or more other local authorities, that authority shall be entitled to receive from the other authority or authorities such contribution to its expenditure in providing the accommodation as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

Modifications etc. (not altering text)

C10 Sch. 3 para. 17(1) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

C11 Sch. 3 para. 17(3) excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

C12 Sch. 3 para. 17(3) modified by Local Government Act 1985 (c. 51, SIF 81:1), s. 15(1)

Rules E+W

18 (1) The Secretary of State may make rules—

(a) regulating the constitution, procedure, powers and duties of probation and after-care committees, . . . F59 and [F60 probation liaison committee]s, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed;

[F61 (aa) limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;]

(b) regulating the qualifications, manner of appointment, . . . F62 and duties of probation officers . . . F63 ;

(c) prescribing anything else which under the preceding provisions of this Schedule may be prescribed;

and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.

(2) Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—

(a) for prescribing . . . F64 the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and

(b) for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(3) Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the inner London area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.

Textual Amendments

F59 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F60 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison comittee

F61 Sch. 3 para. 18(1)(aa) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 132, Sch. 8 para. 16, Sch. 11 para. 6

F62 Words “conditions of service" repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 (any provision as to the conditions of service of probation officers or staff appointed under para. 10 which is made by any rules in force under para. 18(1) on 1.12.1977 shall have effect as if made by a determination of the Secretary of State under para. 18A, and shall accordingly be liable to alteration or cancellation by him by subsequent determination under the said para. 18A)

F63 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(f) and Sch. 16

F64 Words repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. II

Modifications etc. (not altering text)

C13 Sch. 3 para. 18 amended by Criminal Law Act 1977 (c. 45), Sch. 12

C14 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(e) it is provided that for the references to a case committee there are substituted references to a probation liaison comittee

Conditions of service of probation officers E+W

[F65 18A The conditions of service of probation officers . . . F66 shall be such as the Secretary of State may from time to time determine.]

Textual Amendments

F65 Sch. 3 para. 18A inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F66 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(f) and Sch. 16

Interpretation E+W

19 (1) In this Schedule, “the inner London area” has the same meaning as in the M4 Administration of Justice Act 1964.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67 Sch. 3 para. 19(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

Marginal Citations

M4 1964 c. 42.

Section 55.

SCHEDULE 4 E+W Transitional Provisions

General E+W

1 Without prejudice to the provisions of section 38 of the M5 Interpretation Act 1889 (effect of repeals)—

(a) nothing in any repeal made by this Act shall affect any order or rule made, certificate issued, requirement or condition imposed or thing done under any enactment repealed by this Act, and every such order, rule, certificate, requirement, condition or thing shall, if in force at the commencement of this Act, continue in force (subject to the provisions of this Act) and be deemed to have been made, issued, imposed or done under the corresponding provisions of this Act; and

(b) any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.

Marginal Citations

M5 1889 c. 63.

Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969 E+W

2 (1) The modifications of sections 51 and 57 of this Act contained in sub-paragraphs (2) and (3) below shall have effect for the purpose of preserving certain words omitted from sections 77 and 80 of the M6 Criminal Justice Act 1948 by repeals made by the M7 Children and Young Persons Act 1969, in so far as the relevant repeals are not yet in force at the commencement of this Act; and an order may be made by the Secretary of State under section 73(2) and (3) of the M8 Children and Young Persons Act 1969 with respect to any such modification as if providing that any such modification shall cease to have effect constituted bringing the repeal of the words preserved by the modification into force, and as if that repeal and any of the following provisions of this paragraph were a provision of that Act.

(2) In section 51 of this Act—

(a) in subsection (1)(a), after the word “homes” where it first occurs there shall be inserted the words “or in remand homes or approved schools" and for the words “officers or servants in such hostels or homes" there shall be substituted the words “such officers or servants as aforesaid"; and

(b) in subsection (4)(c), after the word “serving" there shall be inserted the words “in remand homes or" and after the word “homes" there shall be inserted the words “or in approved schools".

(3) In section 57 of this Act the following definitions shall be inserted at the appropriate points in alphabetical order:—

• “approved school’ means a school approved under section 79 of the Children and Young Persons Act 1933;

• "remand home’ means premises established or used by the council of a county or county borough under the provisions of section 77 of the Children and Young Persons Act 1933”

Marginal Citations

M6 1948 c. 58.

M7 1969 c. 54.

M8 1969 c. 54.

Section 56(1).

SCHEDULE 5 E+W+S Consequential Amendments

Modifications etc. (not altering text)

C15 The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

1

Textual Amendments

F68 Sch. 5 para. 1 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

The M9 Criminal Justice Act 1948 E+W+S

Marginal Citations

M9 1948 c. 58

2 In section 19 of the Criminal Justice Act 1948 (orders requiring attendance at an attendance centre), in subsection (1), for the words “section six of this Act" there shall be substituted the words “ section six of the Powers of Criminal Courts Act 1973" ”.

F69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

3

Textual Amendments

F69 Sch. 5 para. 3 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

The Magistrates’ Courts Act 1952 E+W+S

F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

4, 5.

Textual Amendments

F70 Sch. 5 paras. 4, 5, 7 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

6 In section 72B of that Act (transfer of fine orders from Scotland), in subsection (3), for the words “section 44(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Act 1973" ”.

F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7

Textual Amendments

F71 Sch. 5 paras. 4, 5, 7 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

The M10 Summary Juristiction (Scotland) Act 1954 E+W+S

Marginal Citations

M10 1954 c. 48.

[F72 8 In section 44 of the Summary Jurisdiction (Scotland) Act 1954 (transfer of fine orders within and from Scotland), in subsection (5), for the words “section 47 of the Criminal Justice Act 1967" there shall be substituted the words “ section 31 of the Powers of Criminal Courts Act 1973" ”.]

Textual Amendments

F72 Sch. 5 para. 8 repealed by (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I and (E.W.) (prosp.) Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

F73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

9

Textual Amendments

F73 Sch. 5 para. 9 repealed by Solicitors Act 1974 (c. 47), Sch. 4

The Metropolitan Magistrates’ Courts Act 1959 E+W+S

10 In section 3 of the M11 Metropolitan Magistrates’ Courts Act 1959 (power of Receiver for the Metropolitan Police District to provide premises for probation purposes), in subsection (2), for the words “section seventy-seven of the Criminal Justice Act 1948" there shall be substituted the words “section 51 of the Powers of Criminal Courts Act 1973", and for the words “Fifth Schedule" in both places where they occur there shall be substituted the words “Third Schedule".

Marginal Citations

M11 1959 c. 45.

F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

11

Textual Amendments

F74 Sch. 5 para. 11 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

The M12 Criminal Justice Act 1961 E+W+S

Marginal Citations

M12 1961 c. 39.

12 In section 5(5) of the Criminal Justice Act 1961 (construction of references to terms of imprisonment), for the words “sections fourteen and fifteen of the Criminal Justice Act 1948" there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973" ”.

F75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

13

Textual Amendments

F75 Sch. 5 para. 13 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

The M13 Administration of Justice Act 1964 E+W+S

Marginal Citations

M13 1964 c. 42.

14 In section 37 of the Administration of Justice Act 1964 (financial provisions), in subsection (4), for the words “section 77(3)(a) of the Criminal Justice Act 1948" there shall be substituted the words “section 51(3)(a) of the Powers of Criminal Courts Act 1973", and the following shall be substituted for paragraph (b)—

“(b) in relation to payments under section 51(3)(a) of the said Act of 1973, expenses under Schedule 3 to that Act;”.

F76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

15

Textual Amendments

F76 Sch. 5 para. 15 repealed by Extradition Act 1989 (c. 33, SIF 48, SIF 39:1), s. 37, Sch. 2

The M14 Criminal Justice Act 1967 E+W+S

Marginal Citations

M14 1967 c. 80.

F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

16

Textual Amendments

F77 Sch. 5 para. 16 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

17 In section 32 of that Act (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for the words “section 4 of the Criminal Justice Act 1948" there shall be substituted the words “ section 3 of the Powers of Criminal Courts Act 1973" ”.

F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

18, 19.

Textual Amendments

F78 Sch. 5 paras. 18, 19 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

20 In section 56 of that Act (committal for sentence for offences tried summarily)—

(a) in subsection (1)(a), for the words “section 41(1) of this Act" there shall be substituted the words “ section 24(1) of the Powers of Criminal Courts Act 1973" ”; and

(b) in subsection (2), for the words from “section 8(4)" to the end there shall be substituted the words “ section 28 and 29 of the Magistrates’ Courts Act 1952 (committal for sentence), section 62(6) of this Act and sections 8(6) (probationer convicted of subsequent offence) and 24(2) (committal to be dealt with in respect of a suspended sentence) of the Powers of Criminal Courts Act 1973" ”.

21 In section 62 of that Act (revocation of licences and conviction of prisoners on licence), in subsection (6), for the words “section 29 of the Criminal Justice Act 1948" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”.

22 In section 67 of that Act (computation of sentences of imprisonment passed in England and Wales), in subsection (2), for the words “section 40 of this Act" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

F79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

23—25.

Textual Amendments

F79 Sch. 5 paras. 23–25 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

26 In section 104 of that Act (general provisions as to interpretation), in subsection (1)—

(a) for the definition of “extended sentence certificate" there shall be substituted the following—

““extended sentence certificate” means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;” and

(b) for the definition of “suspended sentence" there shall be substituted the following—

““suspended sentence” means a sentence to which an order under section 22(1) of the Powers of Criminal Courts Act 1973 relates.”

27 In section 106(2)(b) of that Act (provisions extending to Scotland), for the words from “38(7)" to “54(6) to" there shall be substituted the words “ 48, 54(6) and" ”.

M15 Criminal Appeal Act 1968 E+W+S

Marginal Citations

M15 1968 c. 19.

28 In section 10 of the M16 Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by the Crown Court otherwise than on conviction on indictment), in subsection (3)(c)(iii), for the words “section 40 of the Criminal Justice Act 1967" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

Marginal Citations

M16 1968 c. 19

F80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

29

Textual Amendments

F80 Sch. 5 para. 29 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

The M17 Social Work (Scotland) Act 1968 E+W+S

Marginal Citations

M17 1968 c. 49.

30 In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in subsection (1), in the definition of “probation order" for the words “section 3 of the Criminal Justice Act 1948" there shall be substituted the words “ section 2 of the Powers of Criminal Courts Act 1973" ”.

The M18 Civil Evidence Act 1968 E+W+S

Marginal Citations

M18 1968 c. 64.

31 In section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The M19 Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 E+W+S

Marginal Citations

M19 1968 c. 70.

32 In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The M20 Children and Young Persons Act 1969 E+W+S

Marginal Citations

M20 1969 c. 54.

F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

33

Textual Amendments

F81 Sch. 5 para. 33 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16 and (15.8.1983) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Sch. 10

F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

34

Textual Amendments

F82 Sch. 5 para. 34 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

35 In section 13 of that Act (selection of supervisor for person subject to a supervisions order), in subsection (2), for the words from “by paragraph" to “paragraph 6(b)" there shall be substituted the words “on probation officers by paragraph 8 of Schedule 3 to the Powers of Criminal Courts Act 1973 or by rules under paragraph 18(1)(b)".

36 In section 46 of that Act (discontinuance of approved schools, etc., on establishment of community homes), in subsection (1), for the words from “remand home" to “1948" there shall be substituted the words “or remand home within the meaning of the Criminal Justice Act 1948 or approved probation hostel or approved probation home within the meaning of the Powers of Criminal Courts Act 1973".

37 In section 48 of that Act (financial provisions applicable on cessation of controlled or assisted community home), in subsection (5)(b), for the words “section 77(3)(b) of the Criminal Justice Act 1948" there shall be substituted the words “section 51(3)(c) of the Powers of Criminal Courts Act 1973".

38 In Schedule 3 to that Act (provisions as to approved schools and other institutions)—

(a) in paragraphs 6(1) and 9(2)(b), for the words “section 77 of the Criminal Justice Act 1948" there shall be substituted the words “section 51 of the Powers of Criminal Courts Act 1973";

(b) in paragraph 9(4)(b), for the words “Schedule 5 to the Criminal Justice Act 1948" there shall be substituted the words “Schedule 3 to the Powers of Criminal Courts Act 1973";

(c) in paragraph 10(4)(b), after the words “section 77(3)(b) of the Criminal Justice Act 1948" there shall be inserted the words “or under section 51(3)(c) of the Powers of Criminal Courts Act 1973".

39 In Schedule 4 to that Act (transitional provisions and savings) in paragraph 12(3), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

The M21 Administration of Justice Act 1970 E+W+S

Marginal Citations

M21 1970 c. 31.

40 In Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation, etc., enforceable as on a summary conviction), for paragraphs 10 and 11 as originally enacted there shall be substituted (in place of the paragraph substituted for those paragraphs and the paragraph 9A inserted by section 8 of the Criminal Damage Act 1971 by Schedule 5 to the Criminal Justice Act 1972) the following paragraph—

“10 Where under section 35 of the Powers of Criminal Courts Act 1973 a court orders the payment of compensation.”

The M22 Courts Act 1971 E+W+S

Marginal Citations

M22 1971 c. 23

41.- In section 53 of the Courts Act 1971 (administrative functions of justices), in subsection (7)(a), for the words “made under paragraph 1 of Schedule 5 to the Criminal Justice Act 1948" there shall be substituted the words “deemed to be made under paragraph 1 of Schedule 3 to the Powers of Criminal Courts Act 1973".

The M23 Industrial Relations Act 1971 E+W+S

Marginal Citations

M23 1971 c. 72.

42 In paragraph 28 of Schedule 3 to the Industrial Relations Act 1971 (provisions as to fines imposed by the Industrial Court), in sub-paragraph (1), for the words from “section 14" to “1967" there shall be substituted the words “ the provisions of section 31 and 32 of the Powers of Criminal Courts Act 1973" ” and the words “to a court of assize or" shall be omitted.

The M24 Road Traffic Act 1972 E+W+S

Marginal Citations

M24 1972 c. 20.

F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

43

Textual Amendments

F83 Sch. 5 para. 43 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras. 1, 2

44 In section 105 of that Act (supplementary provisions as to disqualifications and endorsements), in subsection (2), after the words “Criminal Justice Act 1972" there shall be inserted the words “ or section 44(3) of the Powers of Criminal Courts Act 1973" ” and for the words “that section" there shall be substituted the words “ section 24 or 44, as the case may be" ”.

The Criminal Justice Act 1972 E+W+S

45 In section 23 of the Criminal Justice Act 1972 (power to deprive offender of property used, or intended for use, for purposes of crime), in subsection (5), for the words from “in regard" to “of this section" there shall be substituted the words “that any property which was in his possession or under his control at the time of his apprehension—

(a) has been used for the purpose of committing, or facilitating the commission of, any offence; or

(b) was intended by him to be used for that purpose”.

46 In section 24 of that Act (driving disqualification where vehicle used for purposes of crime)—

(a) in subsection (2), for the words from “mentioned" to the end of the subsection there shall be substituted the words “ of committing, or facilitating the commission of, the offence, the court may order that person to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1972" ”; and

(b) in subsection (3), for the words “subsection (1)" there shall be substituted the words “ subsection (2)" ”.

47 In section 49 of that Act (community service order in lieu of warrant of commitment for failure to pay fine, etc.)—

(a) in subsection (2), for the words from the beginning to “this Act" in the second place where it occurs there shall be substituted the words “ In this section community service order" has the same meaning as in the Powers of Criminal Courts Act 1973 and section 14(2) of that Act and, so far as applicable, the other provisions of that Act" ”, and for the words “subsection (3) of section 17" and “section 18(1)(b) of this Act" there shall be substitiuted respectively the words “ subsection (3) of section 16" ” and “ section 17(2)(a) of that Act" ”; and

(b) in subsection (4), for the words “section 47(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Acts 1973" ”.

F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

48

Textual Amendments

F84 Sch. 5 para. 48 repealed by Juries Act 1974 (c. 23), Sch. 3

The M25 Costs in Criminal Cases Act 1973 E+W+S

Marginal Citations

M25 1973 c. 14.

49 In section 18 of the Costs in Criminal Cases Act 1973 (miscellaneous applications of that Act)—

(a) in subsection (1)(b), for the words “section 29 of that Act" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”; and

(b) in subsection (4), for paragraphs (a), (b) and (c) there shall be substituted the following paragraphs—

“(a) proceedings for dealing with an offender under section 6, 8 or 10 of the Powers of Criminal Courts Act 1973 (probation orders and orders for conditional discharge);

(b) proceedings under section 16 or 17 of that Act (community service orders); and

(c) proceedings under section 23(1) or 27 of that Act for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order.”

The M26 Social Security Act 1973 E+W+S

Marginal Citations

M26 1973 c. 38.

50 In Schedule 23 to the Social Security Act 1973 (proceedings for offences etc.), in paragraph 11(1), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

Section 56(2).

Schedule 6 E+W+S Enactments Repealed

Modifications etc. (not altering text)

C16 The text of s. 56 and Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act 1948.	Sections 3 to 12 and 14.
		Section 17(1), (2) and (6).
		Sections 29, 43 and 45 to 47.
		Section 77, except subsection (6), and, in subsection (1), the words “Any expenses of the Secretary of State under this Act" and the words from “shall" to the end of the subsection.
		In section 80, in subsection (1) the definitions of “approved probation hostel", “approved probation home", “offence the sentence for which is fixed by law", “order for conditional discharge", “period of conditional discharge", “probationer", “probation order", “probation period", “sum adjudged to be paid by a conviction" and “supervising court", and subsection (5).
		Section 81, so far as relates to sections 8, 9, 11 and 12.
		Schedules 1 and 5.
		In Schedule 8, paragraphs 3 to 9.
12, 13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In Schedule 11, the entry relating to section 9 of the Criminal Justice Act 1948.
12, 13 & 14 Geo. 6. c. 101.	The Justices of the Peace Act 1949.	Sections 36 and 37.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.	The Magistrates’ Courts Act 1952.	Section 107(2), (3).
		In section 110(1), the words “thirty-nin e or".
7 & 8 Eliz. 2. c. 72.	The Mental Health Act 1959.	In Part I of Schedule 7, the entry relating to the Criminal Justice Act 1948.
9 & 10 Eliz. 2. c. 39.	The Criminal Justice Act 1961.	Section 2(2).
		Section 9.
1964 c. 42.	The Administration of Justice Act 1961.	Section 22.
		In section 31, subsection (1) in so far as it amends s. 36 of the Justices of the Peace Act 1949.
		In Schedule 3, paragraph 19(2), (3).
1967 c. 58.	The Criminal Law Act 1967.	Section 7.
1967 c. 80.	The Criminal Justice Act 1967.	Sections 37 to 42.
		Section 47.
		In section 48, in subsection (1), the words “of a magistrates’ court or", the words from “section 72A" to “Scotland) or", and the words “magistrates’ court or", and subsection (2).
		In section 50, the words from “and in" to the end of the section.
		Sections 52 and 53.
		In section 54, subsections (1) to (3), (5) and (7).
		Sections 55 and 57.
		Section 95 except subsection (1).
		Section 96.
		Section 99.
		Section 106(3)(b), so far as relates to section 38(7).
		In Schedule 6, paragraph 6.
1968 c. 69.	The Justices of the Peace Act 1968.	Section 4(5) and (6).
1969 c. 54	The Children and Young Persons Act 1969.	Section 7(2).
		In Schedule 4, paragraph 5(2).
		In Schedule 5, paragraph 45.
1971 c. 23.	The Courts Act 1971.	Section 53(2)(a).
		In Schedule 8:—
		in paragraph 24, sub-paragraph (a) and in sub-paragraph (b) the words “14(5)";
		paragraphs 25 to 27;
		paragraph 48(a), so far as relates to sections 40, 41, 47, 48 and 54 of the Criminal Justice Act 1967;
		paragraphs 51, 53 and 54.
1971 c. 72.	The Industrial Relations Act 1971.	In Schedule 3, in paragraph 28(1) the words “to a court of assize or".
1972 c. 70.	The Local Government Act 1972.	In section 217(5), the words from “but" to the end of the subsection.
1972 c. 71.	The Criminal Justice Act 1972.	Part I except sections 6, 23(5) and (6), and 24(2) to (4).
		Sections 37, 40, 51(3), 52 to 57, and 66(3) and (4).
		Schedule 1.
		In Schedule 5, the entry relating to the Criminal Justice Act 1948, paragraphs (b), (e), (f) and (g) of the entry relating to the Criminal Justice Act 1967, and paragraph (b) of the entry relating to Part I of Schedule 9 to the Administration of Justice Act 1970.