SCHEDULES
F9SCHEDULE 1
Discharge
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C16F112Schedule 1A Additional Requirements in Probation Orders
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
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
F1001
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.
Requirements as to activities etc.
F1012
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.
F1027
Instructions given by a probation officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M23Criminal Justice Act 1991) to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
Requirements as to attendance at probation centre
F1033
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.
F1044
Instructions given by a probation officer under sub-paragraph (3) above shall, as far as practicable, be such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M24Criminal Justice Act 1991) to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or any 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.
Extension of requirements for sexual offenders
F1054
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.
Requirements as to treatment for mental condition etc.
F1225
1
This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a F115registered 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 F119or parts of that period as may be specified in the order, to treatment by or under the direction of a F115registered medical practitionerF119or a chartered psychologist (or both, for different parts) with a view to the improvement of the offender’s mental condition.
C173
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
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
F1184
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—
a
it is satisfied that arrangements have been F120or can be 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); and
b
the offender has expressed his willingness to comply with such a requirement.
C185
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.
C186
Where the medical practitioner F121or chartered psychologist 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
he may, with the consent of the offender, make arrangements for him to be treated accordingly.
C187
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 F121or chartered psychologist 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 F117“registered medical practitioner” means a fully registered person within the meaning of the M25Medical Act 1983;F116“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists; and“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.
Requirements as to treatment for drug or alcohol dependency
F1066
1
F107Subject to sub-paragraph (1A) below,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.
F1081A
If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words “drugs or", in each place where they occur, were omitted.
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.
F1094
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—
a
it is satisfied that arrangements have been F110or can be 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); and
b
the offender has expressed his willingness to comply with such a requirement.
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.
F1117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F113Interpretation
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)
F1147
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.
F10F10SCHEDULE 2
Sch. 2 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
F74SCHEDULE 3 The Probation and After-Care Service and its Functions
Sch. 3 repealed (5.2.1994) by 1993 c. 47, ss. 32(3), 33(2), Sch.4.
Part I The Probation and After-Care Service
Probation and after-care areas
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.
F113
The Secretary of State—
a
shall make provision by an order under sub-paragraph (1) above for combining in one probation area (in this Schedule referred to as “the inner London probation area”) all of the petty sessions divisions of the inner London area; and
b
may make provision by such an order for including in that probation area one or more other petty sessions areas.
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
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 F12. . .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 F13inner London probation 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;
F14b
of such number as may be so specified of justices of the peace for the petty sessions areas of the inner London probation area who are not metropolitan stipendiary magistrates, chosen in such manner as may be so specified by the justices for those areas who are not such magistrates;
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); . . . F16
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
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.
3
1
It shall be the duty of every probation and after-care committee—
F17a
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 F18determined 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.
F19 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 F20in relation to whom probation officers appointed for their area have responsibilities.
F212A
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; F22 . . .
b
c
directions given under paragraphs 2 or 3 of Schedule 3 to the Children Act 1989
3
A probation and after-care committee may, . . . F25, 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.
F26C15
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.
F27 Probation liaison committees
Sch. 3 paras. 4, 5 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65, Sch. 11 para. 6(b)
F284
1
F29Subject to sub-paragraph (1A) below, for every petty sessions area outside the F30inner London probation 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.
F311A
Where two or more petty sessions areas outside the F30inner London probation areaform 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 F30the inner London probation 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 F30 inner London probation areashall 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.
F324
A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.
F335
1
The probation committee for the F34inner London probation 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 F34inner London probation area shall exercise functions conferred on probation liaison committees for areas outside the F34 inner London probation area by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the F34inner London probation area.
Co-option of members of probation and after-care committees and F35probation liaison comittee
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
C2C36
1
Subject to the provisions of this paragraph, any probation and after-care committee, and any F36probation 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 M1Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any F36probation liaison committee for an area within the F37 inner London probation area.
F386A
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.
F396B
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.
7F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probation Officers
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 F41and to make reports on such matters 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, . . . F42, another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that petty sessions area.
Part II Functions in relation to the Rehabilitation of Offenders
Functions of probation and after-care committees in relation to community service orders
10
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
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—
F45a
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.
Provision of establishments for use in connection with the rehabilitation of offenders, etc.
11
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, . . . F48 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.
F72 Payment of grants in prescribed cases
Sch. 3 para. 12A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s.97; S.I. 1992/333, art. 2(2), Sch. 2
F7312A
A probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.
Part III General Provisions
Travelling and subsistence allowances
13
C41
Subject to the provisions of this paragraph, a member of a probation and after-care committee or F49probation liaision committee shall be entitled—
a
to receive payments at F50rates 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 F50a 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
C53
Adjustment of expenses of probation and after-care committees inter se
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 M2Superannuation 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
Expenses of probation and after-care committees to be borne by local authorities
15
C61
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 M3Superannuation 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.
C7C83
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
Special provision for expenses of the probation and after-care committee for the inner London area
F5616
Paragraph 15 above shall not apply in relation to expenses incurred by the probation committee for the inner London probation area, but such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation area outside, would be payable by virtue of that paragraph by the local authority.
a
shall be paid out of the metropolitan police fund; or
b
where the inner London probation area includes one or more petty sessions areas outside the inner London area, shall be partly paid out of that fund and partly defrayed by the local authority or authorities concerned.
2
Where paragraph (b) of sub-paragraph (1) above applies, the proportions to be paid or defrayed under that paragraph shall be such as may be agreed between the Receiver for the metropolitan police district and the local authority or authorities concerned or, in default of agreement, as may be determined by the Secretary of State.
3
In this paragraph “the local authority or authorities concerned” means the local authority or authorities in whose area or areas the petty sessions area or areas outside the inner London area is or are situated.
F70Limits on sums payable under paragraphs 15 and 16
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
F7116A
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.
Provision of accommodation by local authorities for the probation and after-care service
17
C91
In any case in which a local authority would be liable under paragraph 15(1) or (3) F57or 16(1) or (2) 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.
C10C113
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.
F584
The foregoing provisions of this paragraph shall apply as if the Receiver for the metropolitan police district were a local authority and any sums required to be paid out of the metropolitan police fund were required to be defrayed by him; and any contribution received by him under sub-paragraph (3) above shall be paid into that fund.
Rules
C1218
1
The Secretary of State may make rules—
C13a
F61aa
limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;
b
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 F65inner London probation area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.
Conditions of service of probation officers
F6618A
The conditions of service of probation officers . . . F67 shall be such as the Secretary of State may from time to time determine.
Interpretation
19
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
SCHEDULE 4 Transitional Provisions
General
1
Without prejudice to the provisions of section 38 of the M5Interpretation 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.
Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969
F752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C14SCHEDULE 5 Consequential Amendments
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.
1F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M6Criminal Justice Act 1948
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"
”
.
3F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Magistrates’ Courts Act 1952
4F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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"
”
.
7F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M7Summary Juristiction (Scotland) Act 1954
F808
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"
”
.
9F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Metropolitan Magistrates’ Courts Act 1959
F8210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M8Criminal Justice Act 1961
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"
”
.
13F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M9Administration of Justice Act 1964
F8514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M10 Criminal Justice Act 1967
16F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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"
”
.
18F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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"
”
.
23F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
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"
”
.
M11 Criminal Appeal Act 1968
28
In section 10 of the M12Criminal 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"
”
.
29F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M13 Social Work (Scotland) Act 1968
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 M14 Civil Evidence Act 1968
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 M15 Law Reform (Miscellaneous Provisions) (Scotland) Act 1968
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 M16 Children and Young Persons Act 1969
33F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 M17 Administration of Justice Act 1970
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 M18 Courts Act 1971
F9741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M19 Industrial Relations Act 1971
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 M20 Road Traffic Act 1972
43F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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"
”
.
48F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M21 Costs in Criminal Cases Act 1973
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 M22 Social Security Act 1973
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"
”
.
C15Schedule 6 Enactments Repealed
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. |
Sch. 1 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 14(2), 101(2), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2