Criminal Justice Act 1991
1991 c. 53
An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act: functions restricted from exercise in Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I, II paras. 1(1)(2), 6(1)(2)
Act applied (with modifications) (E.W.S.) by The Employment Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), reg. 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)
Act applied (with modifications) (E.W.S.) (1.10.2010) by The Employment Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1, 16, Sch. 2
Part I Powers of Courts to deal with Offenders
Custodial sentences
I541 Restrictions on imposing custodial sentences.
1
This section applies where a person is convicted of an offence punishable with a custodial sentence other than one fixed by law.
2
Subject to subsection (3) below, the court shall not pass a custodial sentence on the offender unless it is of the opinion—
a
that the offence, or the combination of the offence and one other offence associated with it, was so serious that only such a sentence can be justified for the offence; or
b
where the offence is a violent or sexual offence, that only such a sentence would be adequate to protect the public from serious harm from him.
3
Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he refuses to give his consent to a community sentence which is proposed by the court and requires that consent.
4
Where a court passes a custodial sentence, it shall be its duty—
a
in a case not falling within subsection (3) above, to state in open court that it is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) above apply and why it is of that opinion; and
b
in any case, to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
5
A magistrates’ court shall cause a reason stated by it under subsection (4) above to be specified in the warrant of commitment and to be entered in the register.
I552 Length of custodial sentences.
1
This section applies where a court passes a custodial sentence other than one fixed by law.
2
The custodial sentence shall be—
a
for such term (not exceeding the permitted maximum) as in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; or
b
where the offence is a violent or sexual offence, for such longer term (not exceeding that maximum) as in the opinion of the court is necessary to protect the public from serious harm from the offender.
3
Where the court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it, the court shall—
a
state in open court that it is of the opinion that subsection (2)(b) above applies and why it is of that opinion; and
b
explain to the offender in open court and in ordinary language why the sentence is for such a term.
4
A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) above as a custodial sentence for a term longer than any actual term.
I563 Procedural requirements for custodial sentences.
1
Subject to subsection (2) below, a court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above.
2
Where the offence or any other offence associated with it is triable only on indictment, subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
3
In forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above a court—
a
shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it; and
b
in the case of any such opinion as is mentioned in paragraph (b) of that subsection, may take into account any information about the offender which is before it.
4
No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection but any court on an appeal against such a sentence—
a
shall obtain a pre-sentence report if none was obtained by the court below; and
b
shall consider any such report obtained by it or by that court.
5
In this Part “pre-sentence report” means a report in writing which—
a
with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or by a social worker of a local authority social services department; and
b
contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.
I57C124 Additional requirements in the case of mentally disordered offenders.
1
Subject to subsection (2) below, in any case where section 3(1) above applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
2
Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
3
Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
a
any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
b
the likely effect of such a sentence on that condition and on any treatment which may be available for it.
4
No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
a
shall obtain a medical report if none was obtained by the court below; and
b
shall consider any such report obtained by it or by that court.
5
In this section—
“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the M17Mental Health Act 1983 (“the 1983 Act”) by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder;
“medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is duly approved.
6
Nothing in this section shall be taken as prejudicing the generality of section 3 above.
I585 Suspended and extended sentences of imprisonment.
1
For subsection (2) of section 22 (suspended sentences of imprisonment) of the M18Powers of Criminal Courts Act 1973 (“the 1973 Act”) there shall be substituted the following subsections—
2
A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—
a
that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and
b
that the exercise of that power can be justified by the exceptional circumstances of the case.
2A
A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.
2
The following shall cease to have effect, namely—
a
sections 28 and 29 of the 1973 Act (extended sentences of imprisonment for persistent offenders); and
b
section 47 of the M19Criminal Law Act 1977 (sentence of imprisonment partly served and partly suspended).
Community sentences
I596 Restrictions on imposing community sentences.
1
A court shall not pass on an offender a community sentence, that is to say, a sentence which consists of or includes one or more community orders, unless it is of the opinion that the offence, or the combination of the offence and one other offence associated with it, was serious enough to warrant such a sentence.
2
Subject to subsection (3) below, where a court passes a community sentence—
a
the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and
b
the restrictions on liberty imposed by the order or orders shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it.
3
In consequence of the provision made by section 11 below with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.
4
In this Part “community order” means any of the following orders, namely—
a
a probation order;
b
a community service order;
c
a combination order;
d
a curfew order;
e
a supervision order; and
f
an attendance centre order.
I607 Procedural requirements for community sentences.
1
In forming any such opinion as is mentioned in subsection (1) or (2)(b) of section 6 above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
2
In forming any such opinion as is mentioned in subsection (2)(a) of that section, a court may take into account any information about the offender which is before it.
3
A court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the following orders, namely—
a
a probation order which includes additional requirements authorised by Schedule 1A to the 1973 Act;
b
a community service order;
c
a combination order; and
d
a supervision order which includes requirements imposed under section 12, 12A, 12AA, 12B or 12C of the M20Children and Young Persons Act 1969 (“the 1969 Act”).
4
No community sentence which consists of or includes such an order as is mentioned in subsection (3) above shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
a
shall obtain a pre-sentence report if none was obtained by the court below; and
b
shall consider any such report obtained by it or by that court.
Probation and community service orders
I618 Probation orders.
1
For section 2 of the 1973 Act there shall be substituted the following section—
Probation
2 Probation orders.
1
Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law) is of the opinion that the supervision of the offender by a probation officer is desirable in the interests of—
a
securing the rehabilitation of the offender; or
b
protecting the public from harm from him or preventing the commission by him of further offences,
the court may make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period specified in the order of not less than six months nor more than three years.
For the purposes of this subsection the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.
2
A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of a probation officer appointed for or assigned to that area.
3
Before making a probation order, the court shall explain to the offender in ordinary language—
a
the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);
b
the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and
c
that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
and the court shall not make the order unless he expresses his willingness to comply with its requirements.
4
The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—
a
to the offender;
b
to the probation officer responsible for the offender’s supervision; and
c
to the person in charge of any institution in which the offender is required by the order to reside.
5
The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—
a
a copy of the order; and
b
such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
6
An offender in respect of whom a probation order is made shall keep in touch with the probation officer responsible for his supervision in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
7
The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
8
An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.
2
Section 13 of that Act (effect of probation and discharge) shall cease to have effect so far as relating to offenders placed on probation.
3
For the purpose of rearranging Part I of that Act in consequence of the amendments made by subsections (1) and (2) above, that Part shall have effect subject to the following amendments, namely—
a
after section 1 there shall be inserted as sections 1A to 1C the provisions set out in Part I of Schedule 1 to this Act;
b
sections 7 and 9 (which are re-enacted with minor modifications by sections 1A and 1B) shall cease to have effect;
c
sections 8 and 13 (which, so far as relating to discharged offenders, are re-enacted with minor modifications by sections 1B and 1C) shall cease to have effect so far as so relating; and
d
immediately before section 11 there shall be inserted the following cross heading—
Probation and discharge
I629 Additional requirements which may be included in such orders.
1
For sections 3 to 4B of the 1973 Act there shall be substituted the following section—
3 Additional requirements which may be included in such orders.
1
Subject to subsection (2) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
a
securing the rehabilitation of the offender; or
b
protecting the public from harm from him or preventing the commission by him of further offences.
2
Without prejudice to the power of the court under section 35 of this Act to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.
3
Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1A to this Act.
2
After Schedule 1 to that Act there shall be inserted as Schedule 1A the provisions set out in Part II of Schedule 1 to this Act.
I6310 Community service orders.
1
In subsection (1) of section 14 of the 1973 Act (community service orders in respect of offenders), the words “instead of dealing with him in any other way” shall cease to have effect.
2
In subsection (1A) of that section, for paragraph (b) there shall be substituted the following paragraph—
b
not more than 240.
3
For subsections (2) and (2A) of that section there shall be substituted the following subsections—
2
A court shall not make a community service order in respect of any offender unless the offender consents and the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.
2A
Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.
4
In section 15(1) of that Act (obligations of persons subject to community service orders), for paragraph (a) there shall be substituted the following paragraph—
a
keep in touch with the relevant officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address;
I6411 Orders combining probation and community service.
1
Where a court by or before which a person of or over the age of sixteen years is convicted of an offence punishable with imprisonment (not being an offence for which the sentence is fixed by law) is of the opinion mentioned in subsection (2) below, the court may make a combination order, that is to say, an order requiring him both—
a
to be under the supervision of a probation officer for a period specified in the order, being not less than twelve months nor more than three years; and
b
to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
2
The opinion referred to in subsection (1) above is that the making of a combination order is desirable in the interests of—
a
securing the rehabilitation of the offender; or
b
protecting the public from harm from him or preventing the commission by him of further offences.
3
Subject to subsection (1) above, Part I of the 1973 Act shall apply in relation to combination orders—
a
in so far as they impose such a requirement as is mentioned in paragraph (a) of that subsection, as if they were probation orders; and
b
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Curfew orders
12 Curfew orders.
1
Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.
2
A curfew order may specify different places or different periods for different days, but shall not specify—
a
periods which fall outside the period of six months beginning with the day on which it is made; or
b
periods which amount to less than 2 hours or more than 12 hours in any one day.
3
The requirements in a curfew order 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 to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or other educational establishment.
4
A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
5
Before making a curfew order, the court shall explain to the offender in ordinary language—
a
the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);
b
the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and
c
that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
and the court shall not make the order unless he expresses his willingness to comply with its requirements.
6
Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
7
The Secretary of State may by order direct—
a
that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or
b
that subsection (3) above shall have effect with such additional restrictions as may be so specified.
12 Curfew orders.
1
Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.
2
A curfew order may specify different places or different periods for different days, but shall not specify—
a
periods which fall outside the period of six months beginning with the day on which it is made; or
b
periods which amount to less than 2 hours or more than 12 hours in any one day.
3
The requirements in a curfew order 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 to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or other educational establishment.
4
A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
F184A
A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.
5
Before making a curfew order, the court shall explain to the offender in ordinary language—
a
the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);
b
the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and
c
that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
and the court shall not make the order unless he expresses his willingness to comply with its requirements.
6
Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
7
The Secretary of State may by order direct—
a
that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or
b
that subsection (3) above shall have effect with such additional restrictions as may be so specified.
13 Electronic monitoring of curfew orders.
1
Subject to subsection (2) below, a curfew order may in addition include requirements for securing the electronic monitoring of the offender’s whereabouts during the curfew periods specified in the order.
2
A court shall not make a curfew order which includes such requirements unless the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the order is situated; and
b
is satisfied that the necessary provision can be made under those arrangements.
3
Electronic monitoring arrangements made by the Secretary of State under this section may include entering into contracts with other persons for the electronic monitoring by them of offenders’ whereabouts.
Orders: supplemental
I6514 Enforcement etc. of community orders.
1
Schedule 2 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for amending such orders and for revoking them with or without the substitution of other sentences) shall have effect.
2
Sections 5, 6, 16 and 17 of, and Schedule 1 to, the 1973 Act (which are superseded by Schedule 2 to this Act) shall cease to have effect.
I6615 Regulation of community orders.
1
The Secretary of State may make rules for regulating—
a
the supervision of persons who are subject to probation orders;
b
the arrangements to be made under Schedule 3 to the 1973 Act for persons who are subject to community service orders to perform work under those orders and the performance by such persons of such work;
c
the monitoring of the whereabouts of persons who are subject to curfew orders (including electronic monitoring in cases where arrangements for such monitoring are available); and
d
without prejudice to the generality of paragraphs (a) to (c) above, the functions of the responsible officers of such persons as are mentioned in those paragraphs.
2
Rules under subsection (1)(b) above may in particular—
a
limit the number of hours of work to be done by a person on any one day;
b
make provision as to the reckoning of hours worked and the keeping of work records; and
c
make provision for the payment of travelling and other expenses in connection with the performance of work.
3
In this Part “responsible officer” means—
a
in relation to an offender who is subject to a probation order, the probation officer responsible for his supervision;
b
in relation to an offender who is subject to a community service order, the relevant officer within the meaning of section 14(4) of the 1973 Act; and
c
in relation to an offender who is subject to a curfew order, the person responsible for monitoring his whereabouts during the curfew periods specified in the order.
4
This section shall apply in relation to combination orders—
a
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 above, as if they were probation orders; and
b
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
I6716 Reciprocal enforcement of certain orders.
Schedule 3 to this Act shall have effect for making provision for and in connection with—
a
the making and amendment in England and Wales of community orders relating to persons residing in Scotland or Northern Ireland; and
b
the making and amendment in Scotland or Northern Ireland of corresponding orders relating to persons residing in England and Wales.
Financial penalties
E5I6817 Increase of certain maxima.
C131
In section 37 (standard scale of fines) of the M21Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the M22Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—
2
The standard scale is shown below—
Level on the scale
Amount of fine
1
£200
2
£500
3
£1,000
4
£2,500
5
£5,000
2
Part I of the M23Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—
a
in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) and section 36(1) and (2) (maximum fine on conviction of young person by magistrates’ court), for “£400” there shall be substituted “£1,000”;
b
in section 24(4) (maximum fine on summary conviction of child for indictable offence) and section 36(2) (maximum fine on conviction of child by magistrates’ court), for “£100” there shall be substituted “£250”; and
c
in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;
and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.
3
Schedule 4 to this Act shall have effect as follows—
a
in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;
b
in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;
c
in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;
d
the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and
e
the provisions mentioned in Part V shall have effect subject to the amendments specified in that Part, being amendments for treating certain failures as if they were summary offences punishable by fines not exceeding levels on the standard scale.
I6918 Fixing of certain fines by reference to units.
1
This section applies where a magistrates’ court imposes a fine on an individual—
a
for a summary offence which is punishable by a fine not exceeding a level on the standard scale; or
b
for a statutory maximum offence, that is to say, an offence which is triable either way and which, on summary conviction, is punishable by a fine not exceeding the statutory maximum.
2
Subject to the following provisions of this section, the amount of the fine shall be the product of—
a
the number of units which is determined by the court to be commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; and
b
the value to be given to each of those units, that is to say, the amount which, at the same or any later time, is determined by the court in accordance with rules made by the Lord Chancellor to be the offender’s disposable weekly income.
3
In making any such determination as is mentioned in subsection (2)(a) above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
4
The number of units determined under subsection (2)(a) above shall not exceed—
a
2 units in the case of a level 1 offence;
b
5 units in the case of a level 2 offence;
c
10 units in the case of a level 3 offence;
d
25 units in the case of a level 4 offence; and
e
50 units in the case of a level 5 offence or a statutory maximum offence;
and in this subsection “level 1 offence” means a summary offence which is punishable by a fine not exceeding level 1 on the standard scale, and corresponding expressions shall be construed accordingly.
5
Subject to subsection (6) below, the amount determined under subsection (2)(b) above in the case of any offender shall not be—
a
less than 1/50th of level 1 on the standard scale (£4 at the commencement of section 17 above); or
b
more than 1/50th of level 5 on that scale (£100 at that commencement).
6
Where the fine is payable by a person who is under the age of 18 years, subsection (5) above shall have effect as if for any reference to a fraction or amount there were substituted—
a
a reference to 1/20th of that fraction or amount in the case of a fine payable by a person who is under the age of 14 years; and
b
a reference to 1/5th of that fraction or amount in the case of a fine payable by a person who has attained that age.
7
Nothing in subsection (2) above shall prevent any of the following, namely—
a
in the case of an offence in relation to which a compensation order is made, the reduction of the amount of the fine in pursuance of section35(4A) of the 1973 Act;
b
in the case of a fixed penalty offence (within the meaning of Part III of the M24Road Traffic Offenders Act 1988), the increase of the amount of the fine to the level of the fixed penalty; and
c
in the case of an offence of installing or using any apparatus for wireless telegraphy except under a licence granted under section 1 of the M25Wireless Telegraphy Act 1949, the increase of the amount of the fine by an amount not exceeding the sum which would have been payable on the issue of such a licence.
8
Where the offender—
a
has been convicted in his absence in pursuance of section 11 or 12 of the 1980 Act (non-appearance of accused); or
b
has failed to comply with an order under section 20(1) below,
and (in either case) the court has insufficient information to make a proper determination under subsection (2)(b) above, it may, within the limits set by subsection (5) above, make such determination as it thinks fit.
9
In section 41 of the M26Criminal Justice Act 1988 (“the 1988 Act”), subsection (7) (Crown Court sentencing powers in relation to summary offence dealt with together with either way offence) shall have effect as if this section had not been enacted.
I7019 Fixing of fines in other cases.
1
In fixing the amount of a fine (other than one the amount of which falls to be fixed under section 18 above), a court shall take into account among other things the means of the offender so far as they appear or are known to the court.
2
Subsection (1) above applies whether taking into account the means of the offender has the effect of increasing or reducing the amount of the fine.
I7120 Statements as to offenders’ means.
1
Where a person has been convicted of an offence by a magistrates’ court, the court may, before sentencing him, order him to furnish to the court within a period specified in the order such a statement of his means as the court may require.
2
A person who without reasonable excuse fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If a person in furnishing any statement in pursuance of an order under subsection (1) above—
a
makes a statement which he knows to be false in a material particular;
b
recklessly furnishes a statement which is false in a material particular; or
c
knowingly fails to disclose any material fact,
he shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
4
Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
5
Without prejudice to the generality of subsection (1) of—
a
section 84 of the M27Supreme Court Act 1981; and
b
section 144 of the 1980 Act,
the power to make rules under each of those sections shall include power to prescribe the form in which statements are to be furnished in pursuance of orders under subsection (1) above; and rules made by virtue of this subsection may make different provision for different cases or classes of case.
F1920A False statements as to financial circumstances.
1
A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request—
a
makes a statement which he knows to be false in a material particular;
b
recklessly furnishes a statement which is false in a material particular; or
c
knowingly fails to disclose any material fact,
shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
2
For the purposes of this section an official request is a request which—
a
is made by the clerk of the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and
b
is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.
3
Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
Financial penalties: supplemental
I7221 Remission of fines fixed under section 18.
1
This section applies where, in the case of a fine the amount of which has been fixed by a magistrates’ court under section 18 above, the determination of the offender’s disposable weekly income—
a
would have been of a lesser amount but for subsection (5)(a) of that section; or
b
was made by virtue of subsection (8) of that section.
2
In a case falling within subsection (1)(a) above, the court may, on inquiring into the offender’s means or at a hearing under section 82(5) of the 1980 Act (issue of warrant of commitment for default), remit the whole or any part of the fine if the court considers that its payment by the offender within twelve months of the imposition of the fine would cause the offender undue hardship.
3
In a case falling within subsection (1)(b) above, the court may, on inquiring into the offender’s disposable weekly income or at such a hearing as is mentioned in subsection (2) above, remit the whole or any part of the fine if the court thinks it just to do so having regard—
a
to the amount of that income as determined by the court under this subsection in accordance with rules made by the Lord Chancellor; and
b
if applicable, to the provisions of subsection (2) above.
4
Where the court remits the whole or part of a fine under subsection (2) or (3) above after a term of imprisonment has been fixed under the said section 82(5), it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole fine or, as the case may be, shall remit the whole term.
5
In calculating the reduction in a term of imprisonment required by subsection (4) above, any fraction of a day shall be left out of account.
I7322 Default in paying fines fixed under that section.
1
Where default is made in paying a fine the amount of which has been fixed under section 18 above without applying paragraph (b) or (c) of subsection (7) of that section, this section shall have effect, in place of Schedule 4 to the 1980 Act, in relation to any committal of the defaulter to prison.
2
Subject to subsection (3) below, the maximum period of imprisonment applicable in the case of a fine fixed on the basis of a number of units specified in the first column of the following Table shall be the period set out opposite to it in the second column of that Table.
Not more than 2 units | 7 days |
More than 2 units but not more than 5 units | 14 days |
More than 5 units but not more than 10 units | 28 days |
More than 10 units but not more than 25 units | 45 days |
More than 25 units | 3 months |
3
Where the amount of a fine due at the time the imprisonment is imposed is so much of the fine as remains due after part payment, then, subject to subsection (4) below, the maximum period given by subsection (2) above shall be reduced by such number of days as bears to the total number of days in it the same proportion as the part of the fine paid bears to the whole fine.
4
In calculating the reduction required under subsection (3) above, any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than 7 days.
5
In this section “prison” includes a young offender institution and “imprisonment” includes detention in such an institution.
E6I7423 Default in other cases.
1
In the Tables in section 31(3A) of the 1973 Act and paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—
An amount not exceeding £200
7 days
An amount exceeding £200 but not exceeding £500
14 days
An amount exceeding £500 but not exceeding £1,000
28 days
An amount exceeding £1,000 but not exceeding £2,500
45 days
An amount exceeding £2,500 but not exceeding £5,000
3 months
2
For the Table in section 407(1A) of the M28Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—
Amount of fine or caution
Maximum period of imprisonment
An amount not exceeding £200
7 days
An amount exceeding £200 but not exceeding £500
14 days
An amount exceeding £500 but not exceeding £1,000
28 days
An amount exceeding £1,000 but not exceeding £2,500
45 days
An amount exceeding £2,500 but not exceeding £5,000
3 months
An amount exceeding £5,000 but not exceeding £10,000
6 months
An amount exceeding £10,000 but not exceeding £20,000
12 months
An amount exceeding £20,000 but not exceeding £50,000
18 months
An amount exceeding £50,000 but not exceeding £100,000
2 years
An amount exceeding £100,000 but not exceeding £250,000
3 years
An amount exceeding £250,000 but not exceeding £1 million
5 years
An amount exceeding £1 million
10 years.
3
In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the M29Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.
I7524 Recovery of fines etc. by deductions from income support.
1
The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order which has been made against an offender by such a court, and (in either case) the offender is entitled to income support—
a
the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of income support, in order to secure the payment of any sum which is or forms part of the fine or compensation; and
b
the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.
2
The regulations may include—
a
provision that, before making an application, the court shall make an enquiry as to the offender’s means;
b
provision allowing or requiring adjudication as regards an application, and provision as to appeals and reviews;
c
provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;
d
provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of income support do not fall below prescribed figures);
e
provision as to the circumstances in which the Secretary of State is to cease making deductions;
f
provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and
g
provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.
3
In subsection (1) above—
a
the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 32 of the 1973 Act, as having been so imposed; and
b
the reference to a sum being required to be paid by a compensation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the M30Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
4
In this section—
“fine” includes—
a
b
an amount ordered to be paid, in addition to any penalty so imposed, under section 9, 18A or 26A of the said Act of 1971 (liability to additional duty);
c
an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M33Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;
“income support” means income support within the meaning of the M34Social Security Act 1986, either alone or together with any unemployment, sickness or invalidity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment;
“prescribed” means prescribed by regulations made by the Secretary of State.
5
In the application of this section to Scotland—
a
references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and
b
in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—
a
the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 196(2) of the Criminal Procedure (Scotland) Act 1975, as having been so imposed; and
b
the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 66 of the Criminal Justice (Scotland) Act 1980, as having been so made.
Miscellaneous
I5225 Committals for sentence.
1
For section 38 of the 1980 Act there shall be substituted the following section—
38 Committal for sentence on summary trial of offence triable either way.
1
This section applies where on the summary trial of an offence triable either way (not being can offence as regards which this section is excluded by section 33 above) a person who is not less than 18 years old is convicted of the offence.
2
If the court is of opinion—
a
that the offence or the combination of the offence and other offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has power to impose; or
b
in the case of a violent or sexual offence committed by a person who is not less than 21 years old, that a sentence of imprisonment for a term longer than the court has power to impose is necessary to protect the public from serious harm from him,
the court may, in accordance with section 56 of the Criminal Justice Act 1967, commit the offender in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.
3
Paragraphs (a) and (b) of subsection (2) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.
4
The preceding provisions of this section shall apply in relation to a corporation as if—
a
the corporation were an individual who is not less than 18 years old; and
b
in subsection (2) above, paragraph (b) and the words “in custody or on bail” were omitted.
2
In Schedule 3 to the 1980 Act, paragraph 5 (provisions relating to committal to Crown Court for sentence not to apply to a corporation) shall cease to have effect.
E4I5326 Alteration of certain penalties.
1
In section 7 of the M14Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.
2
For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—
3
A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—
a
where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
b
in any other case, ten years.
4
References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
3
In section 10(2) of the M15Badgers Act 1973 (enforcement, penalties etc.), for the words preceding the proviso there shall be substituted the following—
2
Any person guilty of an offence under this Act shall be liable on summary conviction—
a
in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;
b
in the case of an offence under section 3 or 4, to a fine not exceeding that level; and
c
in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;
4
In section 51(4) of the M16Criminal Law Act 1977 (penalties for bomb hoaxes)—
a
in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and
b
in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.
5
The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.
I127 Treatment of offenders under 1983 Act.
1
After section 39 of the 1983 Act there shall be inserted the following section—
39A Information to facilitate guardianship orders.
Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—
a
to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and
b
if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;
and that authority shall comply with any such request.
2
After section 54 of that Act there shall be inserted the following section—
54A Reduction of period for making hospital orders.
1
The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above.
2
An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.
3
In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.
Supplemental
I7628 Savings for mitigation and mentally disordered offenders.
1
Nothing in this Part shall prevent a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
2
Without prejudice to the generality of subsection (1) above, nothing in this Part shall prevent a court—
a
from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence; or
b
in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
3
Any mitigation of a fine the amount of which falls to be fixed under section 18 above shall be effected by determining under subsection (2)(a) of that section a smaller number of units than would otherwise have been determined.
4
Nothing in this Part shall be taken—
a
as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
b
as restricting any power (whether under the 1983 Act or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
I7729 Effect of previous convictions etc.
1
An offence shall not be regarded as more serious for the purposes of any provision of this Part by reason of any previous convictions of the offender or any failure of his to respond to previous sentences.
2
Where any aggravating factors of an offence are disclosed by the circumstances of other offences committed by the offender, nothing in this Part shall prevent the court from taking those factors into account for the purpose of forming an opinion as to the seriousness of the offence.
I7829 Effect of previous convictions etc.
1
An offence shall not be regarded as more serious for the purposes of any provision of this Part by reason of any previous convictions of the offender or any failure of his to respond to previous sentences.
2
Where any aggravating factors of an offence are disclosed by the circumstances of other offences committed by the offender, nothing in this Part shall prevent the court from taking those factors into account for the purpose of forming an opinion as to the seriousness of the offence.
I7930 Rules, regulations and orders.
1
Any power of the Secretary of State or the Lord Chancellor to make rules, regulations or orders under this Part—
a
shall be exercisable by statutory instrument; and
b
shall include power to make different provision for different cases or classes of case.
2
A statutory instrument containing any rules, regulations or order under this Part (other than an order under section 12(4) above) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
I8031 Interpretation of Part I.
1
In this Part—
“attendance centre order” means an order under section 17 of the 1982 Act;
“combination order” means an order under section 11 above;
“community order” has the meaning given by section 6(4) above;
“community sentence” has the meaning given by section 6(1) above;
“curfew order” means an order under section 12 above;
“custodial sentence” means—
a
in relation to an offender of or over the age of twenty-one years, a sentence of imprisonment; and
b
in relation to an offender under that age, a sentence of detention in a young offender institution or under section 53 of the M35Children and Young Persons Act 1933 (“the 1933 Act”), or a sentence of custody for life under section 8(2) of the 1982 Act;
“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the 1983 Act;
“pre-sentence report” has the meaning given by section 3(5) above;
“responsible officer” has the meaning given by section 15(3) above;
“sentence of imprisonment” does not include a committal or attachment for contempt of court;
“sexual offence” means an offence under the M36Sexual Offences Act 1956, the M37Indecency with Children Act 1960, the M38Sexual Offences Act 1967, section 54 of the M39Criminal Law Act 1977 or the M40Protection of Children Act 1978, other than—
a
an offence under section 12 or 13 of the Sexual Offences Act 1956 which would not be an offence but for section 2 of the Sexual Offences Act 1967;
b
an offence under section 30, 31 or 33 to 36 of the said Act of 1956; and
c
an offence under section 4 or 5 of the said Act of 1967;
“supervision order” means a supervision order under the 1969 Act;
“violent offence” means an offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).
2
For the purposes of this Part, an offence is associated with another if—
a
the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
b
the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
3
In this Part any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
I102C17Part II Early Release of Prisoners
Pt. II (ss. 32 - 51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2 (as repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(4), 9(5),Sch. 5 paras. 9(1)(c)(2)(c), 10(1)(d)(2)(c); S.I. 1997/2200, art. 2(1).
Pt. II (ss. 32-51) modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.2(3) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) applied (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) excluded (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 paras. 2(7), 3(6) (by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 5, paras. 1-4 are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
Pt. II (ss. 32-51) modified (1.4.2000) by 1998 c. 37, s.79(3)(4); S.I. 1999/3426, art. 3 (subject to art. 4 of the said S.I.)
Pt. II (ss. 32-51) applied (30.9.1998) by 1998 c. 37, s.102; S.I. 1998/2327, art.2(1)(v).
Pt. II (ss. 32-51) modified (25.8.2000) by 2000 c. 6, ss. 116(6)(a), 168
Pt. II (ss. 32-51) excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Preliminary
I10332 The Parole Board.
1
There shall continue to be a body to be known as the Parole Board (“the Board”) which shall discharge the functions conferred on it by this Part.
2
It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.
3
The Board shall deal with cases as respects which it makes recommendations under this Part on consideration of—
a
any documents given to it by the Secretary of State; and
b
any other oral or written information obtained by it,
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.
4
The Board shall deal with cases as respects which it gives directions under this Part on consideration of all such evidence as may be adduced before it.
5
Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
6
The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part; and in giving any such directions the Secretary of State shall in particular have regard to—
a
the need to protect the public from serious harm from offenders; and
b
the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
7
Schedule 5 to this Act shall have effect with respect to the Board.
New arrangements for early release
I104C18F3833 [Duty to release short-term and long-term prisoners.
1
As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—
a
to release him unconditionally if that sentence is for a term of less than twelve months; and
C19b
to release him on licence if that sentence is for a term of twelve months or more.
C202
As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.
3
As soon as a short-term or long-term prisoner who—
a
has been released on licence under subsection (1)(b) or (2) above or section 35 or 36(1) below; and
b
has been recalled to prison under section 38(2) or 39(1) below,
would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
4
Where a prisoner whose sentence is for a term of less than twelve months has been released on licence under section 36(1) below and recalled to prison under section 38(2) below, subsection (3) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
5
In this Part—
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.]
F39C2633AF39 Duty to release prisoners: special cases.
1
As soon as a prisoner—
a
whose sentence is for a term of less than twelve months; and
b
who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a prisoner—
a
whose sentence is for a term of twelve months or more; and
b
who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
3
In the case of a prisoner who—
a
has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and
b
has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,
section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.
I10534 Duty to release discretionary life prisoners.
1
A life prisoner is a discretionary life prisoner for the purposes of this Part if—
a
his sentence was imposed for a violent or sexual offence the sentence for which is not fixed by law; and
b
the court by which he was sentenced for that offence ordered that this section should apply to him as soon as he had served a part of his sentence specified in the order.
2
A part of a sentence so specified shall be such part as the court considers appropriate taking into account—
a
the seriousness of the offence, or the combination of the offence and other offences associated with it; and
b
the provisions of this section as compared with those of section 33(2) above and section 35(1) below.
C213
As soon as, in the case of a discretionary life prisoner—
a
he has served the part of his sentence specified in the order (“the relevant part”); and
b
the Board has directed his release under this section,
it shall be the duty of the Secretary of State to release him on licence.
4
The Board shall not give a direction under subsection (3) above with respect to a discretionary life prisoner unless—
a
the Secretary of State has referred the prisoner’s case to the Board; and
b
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
C215
A discretionary life prisoner may require the Secretary of State to refer his case to the Board at any time—
a
after he has served the relevant part of his sentence; and
b
where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and
c
where he is also serving a sentence of imprisonment for a term, after he has served one-half of that sentence;
and in this subsection “previous reference” means a reference under subsection (4) above or section 39(4) below made after the prisoner had served the relevant part of his sentence.
6
In determining for the purpose of subsection (3) or (5) above whether a discretionary life prisoner has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the M65Prison Act 1952 (“the 1952 Act”).
7
In this Part “life prisoner” means a person serving one or more sentences of life imprisonment; but—
a
a person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and
b
subsections (3) and (5) above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
F41C2734A Power to release short-term prisoners on licence.
1
Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner F44. . . is serving a sentence of imprisonment for a term of three months or more.
2
Subsection (3) below does not apply where—
a
the sentence is an extended sentence within the meaning of F42section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;
b
the sentence is for an offence under section 1 of the M66Prisoners (Return to Custody) Act 1995;
c
d
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the M67Mental Health Act 1983;
F43da
the prisoner is subject to the notification requirements of F48Part 2 of the Sexual Offences Act 2003 ;
e
the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
f
the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
C28g
the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
h
the prisoner has been returned to prison under F42 section 116 of the Powers of Criminal Courts (Sentencing) Act 2000at any time; or
j
the interval between—
i
the date on which the prisoner will have served the requisite period for the term of the sentence; and
ii
the date on which he will have served one-half of the sentence,
is less than 14 days.
3
After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
4
In this section “the requisite period” means—
a
for a term of three months or more but less than four months, a period of 30 days;
b
for a term of four months or more but less than F45eighteen months , a period equal to one-quarter of the term;
5
The Secretary of State may by order made by statutory instrument—
a
repeal the words “aged 18 or over” in subsection (1) above;
b
amend the definition of “the requisite period” in subsection (4) above; and
c
make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
6
No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
I106C2235 Power to release long-term and life prisoners.
C231
After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.
2
If recommended to do so by the Board, the Secretary of State may, after consultation with the Lord Chief Justice together with the trial judge if available, release on licence a life prisoner who is not a discretionary life prisoner.
3
The Board shall not make a recommendation under subsection (2) above unless the Secretary of State has referred the particular case, or the class of case to which that case belongs, to the Board for its advice.
I10736 Power to release prisoners on compassionate grounds.
1
The Secretary of State may at any time release a prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
2
Before releasing a long-term or life prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.
I108C2437 Duration and conditions of licences.
C251
Subject to subsection (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to any suspension under section 38(2) below or, as the case may be, any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.
C252
Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
3
Where a life prisoner is released on licence, the licence shall, unless previously revoked under section 39(1) or (2) below, remain in force until his death.
4
A person subject to a licence shall comply with such conditions (which shall include on his release conditions as to his supervision by a probation officer) as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.
5
The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term or life prisoner, or vary or cancel any such condition, except—
a
in the case of the inclusion of a condition in the licence of a discretionary life prisoner, in accordance with recommendations of the Board; and
b
in any other case, after consultation with the Board.
6
For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.
7
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F4037AF40 Curfew condition to be included in licence under section 34A.
1
A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—
a
requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and
b
includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
2
The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
3
The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.
4
The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
5
The power conferred by subsection (4) above—
a
shall be exercisable by statutory instrument; and
b
shall include power to make different provision for different cases or classes of case or for different areas.
6
Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales;
7
In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.
Misbehaviour after release
I109C29F5038 Breach of licence conditions by short-term prisoners.
1
A short-term prisoner—
a
who is released on licence under this Part; and
b
who fails to comply with such conditions as may for the time being be specified in the licence,
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
The magistrates’ court by which a person is convicted of an offence under subsection (1) above may, whether or not it passes any other sentence on him—
a
suspend the licence for a period not exceeding six months; and
b
order him to be recalled to prison for the period during which the licence is so suspended.
3
On the suspension of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.]
F5538AF55 Breach of curfew condition.
1
If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—
a
that he has failed to comply with the curfew condition;
b
that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or
c
that it is necessary to do so in order to protect the public from serious harm from him,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.
2
A person whose licence under section 34A(3) above is revoked under this section—
a
may make representations in writing with respect to the revocation;
b
on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.
3
The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.
4
Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.
5
On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
6
In this section “the curfew condition” has the same meaning as in section 37A above.
I110C3039 Recall of long-term and life prisoners while on licence.
1
If recommended to do so by the Board in the case of a long-term or life prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.
2
The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
3
A person recalled to prison under subsection (1) or (2) above—
a
may make representations in writing with respect to his recall; and
b
on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.
4
The Secretary of State shall refer to the Board—
a
the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and
b
the case of a person recalled under subsection (2) above.
5
Where on a reference under subsection (4) above the Board—
a
directs in the case of a discretionary life prisoner; or
b
recommends in the case of any other person,
his immediate release on licence under this section, the Secretary of State shall give effect to the direction or recommendation.
6
On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
I111F51C3140Convictions during currency of original sentences.
1
This section applies to a short-term or long-term prisoner who is released under this Part if—
a
before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and
b
whether before or after that date, he is convicted of that offence (“the new offence”).
2
Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—
a
begins with the date of the order; and
b
is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
3
A magistrates’ court—
a
shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but
4
The period for which a person to whom this section applies is ordered under subsection (2) above to be returned to prison—
a
shall be taken to be a sentence of imprisonment for the purposes of this Part;
b
shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
c
in either case, shall be disregarded in determining the appropriate length of that sentence.
F54C3240AF54 Release on licence following return to prison.
1
This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—
a
includes, or consists of, an order under section 40 above; and
b
is for a term of twelve months or less.
2
As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
3
Where the person is so released, the licence shall remain in force for a period of three months.
4
If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale; or
b
to a sentence of imprisonment for a term not exceeding the relevant period,
but not liable to be dealt with in any other way.
5
In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
6
As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.
Remand time and additional days
I113C3441 Remand time to count towards time served.
F571
Where a person is sentenced to imprisonment for a term in respect of an offence, this section applies to him if the court directs under section 9 of the M69Crime (Sentences) Act 1997 that the number of days for which he was remanded in custody in connection with—
a
the offence; or
b
any other offence the charge for which was founded on the same facts or evidence,
shall count as time served by him as part of the sentence.
2
For the purpose of determining for the purposes of this Part whether a person to whom this section applies—
a
has served, or would (but for his release) have served, a particular proportion of his sentence; or
b
has served a particular period,
the number of days specified in the direction shall, subject to subsections (3) and (4) below, be treated as having been served by him as part of that sentence or period.
3
Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—
a
one-quarter of his sentence in the case of a short-term prisoner; or
b
one-twelfth of his sentence in the case of a long-term prisoner.
F584
Where the period for which a licence granted under section 33A(2), 34A(3) or 36(1) above to a short-term prisoner remains in force cannot exceed one-quarter of his sentence, nothing in subsection (2) above shall have the effect of reducing that period.
I112C33F5641 [Remand time to count towards time served.
1
This section applies to any person whose sentence falls to be reduced under section 67 of the M68Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).
2
For the purpose of determining for the purposes of this Part—
a
whether a person to whom this section applies has served one-half or two-thirds of his sentence; or
b
whether such a person would (but for his release) have served three-quarters of that sentence,
the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.
3
Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—
a
one-quarter of his sentence in the case of a short-term prisoner; or
b
one-twelfth of his sentence in the case of a long-term prisoner.]
F59I114F6042 Additional days for disciplinary offences.
1
Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—
a
to short-term or long-term prisoners; or
b
conditionally on their subsequently becoming such prisoners, to persons on remand,
who (in either case) are guilty of disciplinary offences.
2
Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—
a
any period which he must serve before becoming entitled to or eligible for release under this Part; and
b
any period for which a licence granted to him under this Part remains in force,
shall be extended by the aggregate of those additional days.
Special cases
I11543 Young offenders.
1
Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 53 of of the 1933 Act, as it applies to persons serving equivalent sentences of imprisonment.
2
Subject to subsection (5) below, this Part applies to persons serving—
a
sentences of detention during Her Majesty’s pleasure or for life under section 53 of the 1933 Act; or
b
sentences of custody for life under section 8 of the 1982 Act,
as it applies to persons serving sentences of imprisonment for life.
3
References in this Part to prisoners (whether short-term, long-term or life prisoners), or to prison or imprisonment, shall be construed in accordance with subsections (1) and (2) above.
4
In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—
a
to release him unconditionally if his sentence is for a term of twelve months or less; and
b
to release him on licence if that sentence is for a term of more than twelve months.
5
In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4) above shall have effect as if the reference to supervision by a probation officer included a reference to supervision by a social worker of a local authority social services department.
I116C35F6144 [Sexual offenders.
Where, in the case of a long-term or short-term prisoner—
a
the whole or any part of his sentence was imposed for a sexual offence; and
b
the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) above, ordered that this section should apply,
sections 33(3) and 37(1) above shall each have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.]
F7544A Re-release of prisoners serving extended sentences.
1
This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.
2
Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
3
Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
4
On a reference—
a
under this section; or
b
under section 39(4) above,
the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
5
If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.
I118C37C3845 Fine defaulters and contemnors.
C391
Subject to subsection (2) below, this Part (F64except sections 33A, 34A F65 and 35 above) applies to persons committed to prison F66or to be detained under F65section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—
a
in default of payment of a sum adjudged to be paid by a conviction; or
b
for contempt of court or any kindred offence,
as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.
2
In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.
3
In section 33 above, for F67subsections (1) to (3) there shall be substituted the following subsections—
1
As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say—
a
one-half, in the case of a person committed for a term of less than twelve months;
b
two-thirds, in the case of a person committed for a term of twelve months or more,
it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a person so committed who—
a
has been released on licence under section 36(1) below; and
b
has been recalled under section F67section 39(1) or (2) below,
would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally.
4
In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—
1
Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to—
a
F68. . .
b
any revocation under section F69section 39(1) or (2)below,
continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “appropriate proportion” has the meaning given by section 33(1) above.
I117F62F63C3645Fine defaulters and contemnors.
1
Subject to subsection (2) below, this Part (except sections 35 and 40 above) applies to persons committed to prison or to be detained under section 9 of the 1982 Act—
a
in default of payment of a sum adjudged to be paid by a conviction; or
b
for contempt of court or any kindred offence,
as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.
2
In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.
3
In section 33 above, for subsections (1) to (4) there shall be substituted the following subsections—
1
As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say—
a
one-half, in the case of a person committed for a term of less than twelve months;
b
two-thirds, in the case of a person committed for a term of twelve months or more,
it shall be the duty of the Secretary of State to release him unconditionally.
2
As soon as a person so committed who—
a
has been released on licence under section 36(1) below; and
b
has been recalled under section 38(2) or 39(1) below,
would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally.
4
In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—
1
Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to—
a
any suspension under section 38(2) below; or
b
any revocation under section 39(1) below,
continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “appropriate proportion” has the meaning given by section 33(1) above.
I119C40F7046 [Persons liable to removal from the United Kingdom.
1
In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.
2
In relation to a person who is liable to removal from the United Kingdom, section 37(4) above shall have effect as if the words in parentheses were omitted.
3
A person is liable to removal from the United Kingdom for the purposes of this section if—
a
he is liable to deportation under section 3(5) of the M70Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
b
he is liable to deportation under section 3(6) of that Act;
c
he has been notified of a decision to refuse him leave to enter the United Kingdom; or
d
he is an illegal entrant within the meaning of section 33(1) of that Act.
46AEarly removal of persons liable to removal from United Kingdom
1
Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period.
2
Subsection (1) above does not apply where—
a
the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000,
b
the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,
c
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,
d
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or
e
the interval between—
i
the date on which the prisoner will have served the requisite period for the term of the sentence, and
ii
the date on which he will have served one-half of the sentence,
is less than 14 days.
3
A prisoner removed from prison under this section—
a
is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
i
Schedule 2 or 3 to the Immigration Act 1971, or
ii
section 10 of the Immigration and Asylum Act 1999, and
b
so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above.
4
So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison.
5
In this section “the requisite period” means—
a
for a term of three months or more but less than four months, a period of 30 days;
b
for a term of four months or more but less than 18 months, a period equal to one-quarter of the term;
c
for a term of 18 months or more, a period that is 135 days less than one-half of the term.
6
The Secretary of State may by order made by statutory instrument—
a
amend the definition of “the requisite period” in subsection (5) above,
b
make such transitional provision as appears to him necessary or expedient in connection with the amendment.
7
No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
8
In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997.
46BRe-entry into United Kingdom of offender removed early from prison
1
This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence.
2
If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
a
the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
b
his sentence expiry date.
3
A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.
4
Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection.
5
Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period.
6
If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence.
7
If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State—
a
if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and
b
if he is recalled after that date, to release him on the sentence expiry date.
8
A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date.
9
In this section—
“further custodial period” has the meaning given by subsection (2)(a) above;
“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence;
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence.
I120C4147 Persons extradited to the United Kingdom.
1
A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—
a
he was tried for the offence in respect of which his sentence was imposed—
i
after having been extradited to the United Kingdom; and
ii
without having first been restored or had an opportunity of leaving the United Kingdom; and
b
he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
F742
In the case of an extradited prisoner, section 9 of the M74Crime (Sentences) Act 1997 (crediting of periods of remand in custody) shall have effect as if the days for which he was kept in custody while awaiting extradition were days for which he was remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
3
The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.
4
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F71I121C4247 Persons extradited to the United Kingdom.
1
A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—
a
he was tried for the offence in respect of which his sentence was imposed—
i
after having been extradited to the United Kingdom; and
ii
without having first been restored or had an opportunity of leaving the United Kingdom; and
b
he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
2
If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.
3
The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.
4
In this section—
“extradited to the United Kingdom” means returned to the United Kingdom—
- i
in pursuance of extradition arrangements;
- ii
under any law of a designated Commonwealth country corresponding to the M71Extradition Act 1989;
- iii
under that Act as extended to a colony or under any corresponding law of a colony; or
- iv
in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the M72Backing of Warrants (Republic of Ireland) Act 1965;
- v
F72in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;
- i
“extradition arrangements” has the meaning given by section 3 of the M73Extradition Act 1989;
“designated Commonwealth country” has the meaning given by section 5(1) of that Act.
I12248 Life prisoners transferred to England and Wales.
1
This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—
a
he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and
b
the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
2
In a case to which this section applies, this Part except section 35(2) above shall apply as if—
a
the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and
b
the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.
3
In this section “transferred life prisoner” means a person—
a
on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
b
who has been transferred to England and Wales, in pursuance of—
i
ii
a warrant issued by the Secretary of State under the M77Repatriation of Prisoners Act 1984,
there to serve his sentence or sentences or the remainder of his sentence or sentences.
4
A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
Supplemental
I123F7649 [Alteration by order of relevant proportions of sentences.
1
The Secretary of State may by order made by statutory instrument provide—
a
that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;
b
that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
2
An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
3
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
F77I12450 Transfer by order of certain functions to Board.
1
The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections F78(2) or (3) below shall have effect subject to the modifications so specified.
2
In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).
3
In section 37 above, in subsection (5)(a) after the words “in the case of” there shall be inserted the words “the licence of a long-term prisoner or”, and subsection (6) shall be omitted.
F794
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
I12551 Interpretation of Part II.
1
In this Part—
“the Board” means the Parole Board;
“discretionary life prisoner” has the meaning given by section 34 above (as extended by section 43(2) above);
“life prisoner” has the meaning given by section 34(7) above (as extended by section 43(2) above);
“long-term prisoner” and “short-term prisoner” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above);
“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
“sexual offence” and “violent offence” have the same meanings as in Part I of this Act.
2
For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
3
Nothing in this Part shall require the Secretary of State to release a person who is serving—
a
a sentence of imprisonment for a term; and
b
one or more sentences of imprisonment for life,
unless and until he is entitled under this Part to be released in respect of each of those sentences.
4
Subsections (2) and (3) of section 31 above shall apply for the purposes of this Part as they apply for the purposes of Part I of this Act.
Part III Children and Young Persons
Children’s evidence
I8352 Competence of children as witnesses.
1
After section 33 of the 1988 Act there shall be inserted the following section—
33A Evidence given by children.
1
A child’s evidence in criminal proceedings shall be given unsworn.
2
A deposition of a child’s unsworn evidence may be taken for the purposes of criminal proceedings as if that evidence had been given on oath.
3
In this section “child” means a person under fourteen years of age.
2
Subsection (1) of section 38 of the 1933 Act (evidence of child of tender years to be given on oath or in certain circumstances unsworn) shall cease to have effect; and accordingly the power of the court in any criminal proceedings to determine that a particular person is not competent to give evidence shall apply to children of tender years as it applies to other persons.
I8453 Notices of transfer in certain cases involving children.
1
If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—
a
that the evidence of the offence would be sufficient for the F20proceedings against the person charged to be transferred for trial;
b
that a child who is alleged—
i
to be a person against whom the offence was committed; or
ii
to have witnessed the commission of the offence,
will be called as a witness at the trial; and
c
that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,
2
3
4
The decision to F25give a notice of transfer shall not be subject to appeal or liable to be questioned in any court.
5
Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.
6
In this section “child” means a person who—
a
in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or
b
in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.
7
Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.
I8554 Video recordings of testimony from child witnesses.
After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—
32A Video recordings of testimony from child witnesses.
1
This section applies in relation to the following proceedings, namely—
a
trials on indictment for any offence to which section 32(2) above applies;
b
appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968 in respect of any such offence; and
c
proceedings in youth courts for any such offence and appeals to the Crown Court arising out of such proceedings.
2
In any such proceedings a video recording of an interview which—
a
is conducted between an adult and a child who is not the accused or one of the accused (“the child witness”); and
b
relates to any matter in issue in the proceedings,
may, with the leave of the court, be given in evidence in so far as it is not excluded by the court under subsection (3) below.
3
Where a video recording is tendered in evidence under this section, the court shall (subject to the exercise of any power of the court to exclude evidence which is otherwise admissible) give leave under subsection (2) above unless—
a
it appears that the child witness will not be available for cross-examination;
b
any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court; or
c
the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted;
and where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded.
4
In considering whether any part of a recording ought to be excluded under subsection (3) above, the court shall consider whether any prejudice to the accused, or one of the accused, which might result from the admission of that part is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.
5
Where a video recording is admitted under this section—
a
the child witness shall be called by the party who tendered it in evidence;
b
that witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony.
6
Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed by the recording shall be treated as if given by that witness in direct oral testimony; and accordingly—
a
any such statement shall be admissible evidence of any fact of which such testimony from him would be admissible;
b
no such statement shall be capable of corroborating any other evidence given by him;
and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn (as to its accuracy or otherwise).
7
In this section “child” means a person who—
a
in the case of an offence falling within section 32(2)(a) or (b) above, is under fourteen years of age or, if he was under that age when the video recording was made, is under fifteen years of age; or
b
in the case of an offence falling within section 32(2)(c) above, is under seventeen years of age or, if he was under that age when the video recording was made, is under eighteen years of age.
8
Any reference in subsection (7) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) above includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.
9
In this section—
“statement” includes any representation of fact, whether made in words or otherwise;
“video recording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.
10
A magistrates’ court inquiring into an offence as examining justices under section 6 of the Magistrates’ Courts Act 1980 may consider any video recording as respects which leave under subsection (2) above is to be sought at the trial, notwithstanding that the child witness is not called at the committal proceedings.
11
Without prejudice to the generality of any enactment conferring power to make rules of court, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.
12
Nothing in this section shall prejudice the admissibility of any video recording which would be admissible apart from this section.
I255 Further amendments of enactments relating to children’s evidence.
1
In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—
5
In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.
2
In subsection (1) of section 32 of the 1988 Act (evidence through television links)—
a
for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and
b
for paragraph (b) there shall be substituted the following paragraph—
b
the witness is a child, or is to be cross-examined following the admission under section 32A below of a video recording of testimony from him, and the offence is one to which subsection (2) below applies,
3
After that subsection there shall be inserted the following subsection—
1A
This subsection applies—
a
to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968; and
b
to proceedings in youth courts and appeals to the Crown Court arising out of such proceedings.
4
After subsection (3) of that section there shall be inserted the following subsections—
3A
Where, in the case of any proceedings before a youth court—
a
leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and
b
suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,
the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.
3B
A place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.
5
In subsection (5) of that section, for paragraphs (a) and (b) there shall be substituted the words “Magistrates’ Courts Rules, Crown Court Rules and Criminal Appeal Rules”.
6
After subsection (5) of that section there shall be inserted the following subsection—
6
Subsection (7) of section 32A below shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.
7
After section 34 of the 1988 Act there shall be inserted the following section—
34A Cross-examination of alleged child victims.
1
No person who is charged with an offence to which section 32(2) above applies shall cross-examine in person any witness who—
a
is alleged—
i
to be a person against whom the offence was committed; or
ii
to have witnessed the commission of the offence; and
b
is a child, or is to be cross-examined following the admission under section 32A above of a video recording of testimony from him.
2
Subsection (7) of section 32A above shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.
Responsibilities of parent or guardian
I356 Attendance at court of parent or guardian.
Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—
34A Attendance at court of parent or guardian.
1
Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—
a
may in any case; and
b
shall in the case of a child or a young person who is under the age of sixteen years,
require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.
2
In relation to a child or young person for whom a local authority have parental responsibility and who—
a
is in their care; or
b
is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.
I8657 Responsibility of parent or guardian for financial penalties.
1
After subsection (1A) of section 55 of the 1933 Act (power to order parent or guardian to pay fine etc. instead of child or young person) there shall be inserted the following subsection—
1B
In the case of a young person who has attained the age of sixteen years, subsections (1) and (1A) above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.
2
After subsection (4) of that section there shall be inserted the following subsection—
5
In relation to a child or young person for whom a local authority have parental responsibility and who—
a
is in their care; or
b
is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
references in this section to his parent or guardian shall be construed as references to that authority.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.
3
For the purposes of any order under that section made against the parent or guardian of a child or young person, such of the following as is applicable, namely—
a
section 18(2) above;
b
section 19 above; and
c
section 35(4)(a) of the 1973 Act (fixing amount of compensation order),
shall have effect as if any reference to the disposable weekly income or means of the offender, or the means of the person against whom the compensation order is made, were a reference to the disposable weekly income or, as the case may be, means of the parent or guardian.
4
For the purposes of any such order made against a local authority—
a
section 18(2) above shall, where applicable, have effect as if the reference in paragraph (b) to the disposable weekly income of the offender were a reference to the maximum amount which could be determined under that paragraph in relation to a person of the same age as the offender; but
b
neither section 19 above nor section 35(4)(a) of the 1973 Act shall apply;
and in this subsection “local authority” has the same meaning as in the M42Children Act 1989.
I8758 Binding over of parent or guardian.
1
Where a child or young person (“the relevant minor”) is convicted of an offence, the powers conferred by this section shall be exercisable by the court by which he is sentenced for that offence; and it shall be the duty of the court, in a case where the relevant minor has not attained the age of 16 years—
a
to exercise those powers if it is satisfied, having regard to the circumstances of the case, that their exercise would be desirable in the interests of preventing the commission by him of further offences; and
b
where it does not exercise them, to state in open court that it is not satisfied as mentioned in paragraph (a) above and why it is not so satisfied.
2
The powers conferred by this section are as follows—
a
with the consent of the relevant minor’s parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him; and
b
if the parent or guardian refuses consent and the court considers the refusal unreasonable, to order the parent or guardian to pay a fine not exceeding £1,000.
3
An order under this section shall not require the parent or guardian to enter into a recognisance—
a
for an amount exceeding £1,000; or
b
for a period exceeding three years or, where the relevant minor will attain the age of 18 years in a period shorter than three years, for a period exceeding that shorter period;
and section 120 of the 1980 Act (which relates to the forfeiture of recognisances) shall apply in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.
4
Section 18 above shall apply for the purposes of subsection (2)(b) above as if the refusal to enter into a recognisance were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
5
In fixing the amount of a recognisance under this section, the court shall take into account among other things the means of the parent or guardian so far as they appear or are known to the court; and this subsection applies whether taking into account the means of the parent or guardian has the effect of increasing or reducing the amount of the recognisance.
6
A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates’ court.
7
A parent or guardian may appeal to the Court of Appeal against an order under this section made by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.
8
A court may vary or revoke an order made by it under this section if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.
Detention etc. pending trial
I459 Detention at a police station.
In section 38 of the M1Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—
6
Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—
a
that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or
b
in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,
secure that the arrested juvenile is moved to local authority accommodation.
6A
In this section—
“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);
“secure accommodation” means accommodation provided for the purpose of restricting liberty;
“sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;
and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
I560 Remands and committals to local authority accommodation.
1
For section 23 of the 1969 Act there shall be substituted the following section—
23 Remands and committals to local authority accommodation.
1
Where—
a
a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and
b
he is not released on bail,
the remand or committal shall be to local authority accommodation; and in the following provisions of this section, any reference (however expressed) to a remand shall be construed as including a reference to a committal.
2
A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be—
a
in the case of a person who is being looked after by a local authority, that authority; and
b
in any other case, the local authority in whose area it appears to the court that he resides or the offence or one of the offences was committed.
3
Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him.
4
Subject to subsection (5) below, a court remanding a person to local authority accommodation may, after consultation with the designated authority, require that authority to comply with a security requirement, that is to say, a requirement that the person in question be placed and kept in secure accommodation.
5
A court shall not impose a security requirement except in respect of a young person who has attained the age of fifteen, and then only if—
a
he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
b
he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
and (in either case) the court is of opinion that only such a requirement would be adequate to protect the public from serious harm from him.
6
Where a court imposes a security requirement in respect of a person, it shall be its duty—
a
to state in open court that it is of such opinion as is mentioned in subsection (5) above; and
b
to explain to him in open court and in ordinary language why it is of that opinion;
and a magistrates’ court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register.
7
A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, require that person to comply with any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail.
8
Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates’ court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register.
9
A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements—
a
for securing compliance with any conditions imposed on that person under subsection (7) above; or
b
stipulating that he shall not be placed with a named person.
10
Where a person is remanded to local authority accommodation, a relevant court—
a
may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and
b
where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed.
11
Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above.
12
In this section—
“court” and “magistrates” court’ include a justice;
“imprisonable offence” means an offence punishable in the case of an adult with imprisonment;
“relevant court”, in relation to a person remanded to local authority accommodation, means the court by which he was so remanded, or any magistrates’ court having jurisdiction in the place where he is for the time being;
“secure accommodation” means accommodation which is provided in a community home for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State;
“sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;
“young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.
13
In this section—
a
any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989;
b
any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and
c
any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
14
This section has effect subject to—
a
section 37 of the Magistrates’ Courts Act 1980 (committal to the Crown Court with a view to a sentence of detention in a young offender institution); and
b
section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days),
but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.
2
In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—
a
in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;
b
in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and
c
after that subsection there shall be inserted the following subsection—
3
Where a person committed in custody under subsection (1) above is less than 17 years old—
a
he shall be committed to accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) and
b
the court by which he is so committed shall impose a security requirement within the meaning of section 23 of the Children and Young Persons Act 1969.
3
In the case of a child or young person who has been remanded or committed to local authority accommodation by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the M2Children Act 1989 (use of accommodation for restricting liberty) shall, notwithstanding anything in section 92(2) of that Act or section 65 of the 1980 Act, be made to that court.
I8161 Provision by local authorities of secure accommodation.
1
It shall be the duty of every local authority to secure that they are in a position to comply with any security requirement which may be imposed on them under—
a
section 23(4) of the 1969 Act (remands and committals to local authority accommodation); or
b
section 37(3) of the 1980 Act (committal of young person to Crown Court for sentence).
2
A local authority may discharge their duty under subsection (1) above either by providing secure accommodation themselves or by making arrangements with other local authorities for the provision by them of such accommodation.
3
The Secretary of State may by regulations make provision as to the co-operation required of local authorities in the provision of secure accommodation.
4
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In this section expressions used in section 23 of the 1969 Act have the same meanings as in that section.
F1C361A Cost of secure accommodation.
1
The Secretary of State may, in relation to any costs incurred by a local authority in discharging their duty under section 61(1) above—
a
defray such costs to such extent as he considers appropriate in any particular case;
b
defray a proportion to be determined by him from time to time of such costs; and
c
defray or contribute to such costs in accordance with a tariff to be determined by him from time to time.
2
The Secretary of State may require any person providing secure accommodation to transmit to him, at such times and in such form as he may direct, such particulars as he may require with respect to any costs to which this section applies.
3
Payments under this section shall be made out of money provided by Parliament.
I8262 Transitory provisions pending provision of secure accommodation.
1
In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.
2
In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.
3
For subsections (4) and (5) there shall be substituted the following subsections—
4
Where a court declares a person to be one to whom subsection (5) below applies, it shall remand him—
a
to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and
b
to a prison, if it has not been so notified.
4A
A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—
a
he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
b
having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.
5
This subsection applies to a young person who is male and has attained the age of fifteen, but only if—
a
he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
b
he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
and (in either case) the court is of opinion that only remanding him to a remand centre or prison would be adequate to protect the public from serious harm from him.
4
In subsection (6)—
a
for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and
b
for the words “subsection (5) above” there shall be substituted the words “that subsection”.
5
In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.
6
After subsection (9) there shall be inserted the following subsection—
9A
Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, he shall cease to be remanded to local authority accommodation and subsection (4) above shall apply.
7
In subsection (12), the definition of “secure accommodation” shall be omitted.
Young offenders
I8863 Custodial sentences under 1982 Act.
1
Part I of the 1982 Act (treatment of young offenders) shall be amended as follows.
2
In section 1A (detention in a young offender institution)—
a
in subsection (1), for the words “a male offender under 21 but not less than 14 years of age or a female offender under 21 but not less than 15 years of age” there shall be substituted the words “an offender under 21 but not less than 15 years of age”;
b
in subsection (2), for the words “section 1B(1) and (2)” there shall be substituted the words “section 1B(2)”;
c
in subsection (3), the words “and section 1B(3) below” shall cease to have effect and for the words “21 days” there shall be substituted the words “the minimum period applicable to the offender under subsection (4A) below”;
d
in subsection (4), for the words “21 days” there shall be substituted the words “the minimum period applicable”; and
e
after subsection (4) there shall be inserted the following subsection—
4A
For the purposes of subsections (3) and (4) above, the minimum period of detention applicable to an offender is—
a
in the case of an offender under 21 but not less than 18 years of age, the period of 21 days; and
b
in the case of an offender under 18 years of age, the period of two months.
3
In section 1B (special provision for offenders under 17)—
a
subsections (1) and (3) shall cease to have effect;
b
in subsection (2), for the words “aged 15 or 16” there shall be substituted the words “aged 15, 16 or 17”; and
c
for subsections (4) and (5) there shall be substituted the following subsections—
4
A court shall not pass on an offender aged 15, 16 or 17 a sentence of detention in a young offender institution whose effect would be that the offender would be sentenced to a total term which exceeds 12 months.
5
Where the total term of detention in a young offender institution to which an offender aged 15, 16 or 17 is sentenced exceeds 12 months, so much of the term as exceeds 12 months shall be treated as remitted.
4
In section 1C (accommodation of offenders in a young offender institution), for the words “under 17” there shall be substituted the words “under 18”.
5
In section 8 (custody for life) and section 9 (detention of persons aged 17 to 20 for default or contempt), for the words “17 years” there shall be substituted the words “18 years”.
I8964 Custodial sentences under 1933 Act.
Section 53(2) of the 1933 Act (punishment of certain grave crimes) shall have effect, in relation to a person who has attained the age of 16, as if the reference to any offence punishable in the case of an adult with imprisonment for 14 years or more, not being an offence the sentence for which is fixed by law, included a reference to an offence under section 14 of the M43Sexual Offences Act 1956 (indecent assault on a woman).
I6C465 Supervision of young offenders after release.
1
Where a person F27(“the offender”) sentenced to a term of imprisonment or to a term of detention in a young offender institution or under F2section 91 of the Powers of Criminal Courts (Sentencing) Act 2000F28is released while under the age of 22 years, he shall be under the supervision of
b
a social worker of a local authority F5. . . ; or
c
in the case of a person under the age of 18 years on his release, a member of a youth offending team.
F61A
1B
Where the supervision is to be provided by—
a
a social worker of a local authority F7. . . ; or
b
a member of a youth offending team,
the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
2
The supervision period ends on the offender’s 22nd birthday if it has not ended before.
3
Subject to subsection (2) above, where the offender is released otherwise than on licence under Part II of this Act, the supervision period begins on his release and ends three months from his release.
4
Subject to subsection (2) above, where the offender is released on licence under Part II of this Act and the licence expires less than three months from his release, the supervision period begins on the expiry of the licence and ends three months from his release.
5
Where a person is under supervision under this section, he shall comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
F85A
The requirements that may be specified in a notice under subsection (5) above include—
a
requirements for securing the electronic monitoring of the person’s compliance with any other requirements specified in the notice;
b
requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice);
c
in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local probation board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body.
5B
The circumstances referred to in subsection (5A)(c) above are that—
a
the person has attained the age of 18 years;
b
his term of detention was imposed for a trigger offence; and
c
the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice.
5C
Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.
5D
The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction.
5E
A person under the age of 17 years may not be required by virtue of subsection (5A) to provide a sample otherwise than in the presence of an appropriate adult.
6
A person who without reasonable excuse fails to comply with a requirement imposed under subsection (5) above shall be liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale; or
b
to an appropriate custodial sentence for a period not exceeding 30 days,
but not liable to be dealt with in any other way.
7
In subsection (6) above “appropriate custodial sentence” means—
a
a sentence of imprisonment, if the offender has attained the age of F2918 years when he is sentenced; and
b
a sentence of F30detention in such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose, if he has not attained that age.
8
A person released from a custodial sentence passed under subsection (6) above shall not be liable to a period of supervision in consequence of his conviction under that subsection, but his conviction shall not prejudice any liability to supervision to which he was previously subject, and that liability shall accordingly continue until the end of the supervision period.
F99
The power to make rules under this section—
a
shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
b
shall include power to make different provision for different cases or classes of case.
10
In this section, “specified Class A drug” and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).
I90C14F2665 [Supervision of young offenders after release.
1
Where a person under the age of 22 years (“the offender”) is released from a term of detention in a young offender institution or under section 53 of the 1933 Act, he shall be under the supervision of a probation officer or a social worker of a local authority social services department.
2
The supervision period ends on the offender’s 22nd birthday if it has not ended before.
3
Subject to subsection (2) above, where the offender is released otherwise than on licence under Part II of this Act, the supervision period begins on his release and ends three months from his release.
4
Subject to subsection (2) above, where the offender is released on licence under Part II of this Act and the licence expires less than three months from his release, the supervision period begins on the expiry of the licence and ends three months from his release.
5
Where a person is under supervision under this section, he shall comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
6
A person who without reasonable excuse fails to comply with a requirement imposed under subsection (5) above shall be liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale; or
b
to an appropriate custodial sentence for a period not exceeding 30 days,
but not liable to be dealt with in any other way.
7
In subsection (6) above “appropriate custodial sentence” means—
a
a sentence of imprisonment, if the offender has attained the age of 21 years when he is sentenced; and
b
a sentence of detention in a young offender institution, if he has not attained that age.
8
A person released from a custodial sentence passed under subsection (6) above shall not be liable to a period of supervision in consequence of his conviction under that subsection, but his conviction shall not prejudice any liability to supervision to which he was previously subject, and that liability shall accordingly continue until the end of the supervision period.]
I9166 Supervision orders.
For section 15 of the 1969 Act (variation and discharge of supervision orders) there shall be substituted the provisions set out in Schedule 7 to this Act.
I9267 Attendance centre orders.
1
In section 17 of the 1982 Act (maximum number of hours at attendance centre for persons of different ages)—
a
subsection (3) shall cease to have effect; and
b
in subsection (5), for the words “17 years”, in both places where they occur, there shall be substituted the words “16 years”.
2
In section 18 of that Act (discharge and variation of attendance centre orders), after subsection (4) there shall be inserted the following subsection—
4A
The power to discharge an attendance centre order includes power to deal with the offender, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
3
In subsection (6)(b) of that section, the words “if the court is satisfied that the offender proposes to change or has changed his residence” shall cease to have effect.
4
In subsection (3) of section 19 of that Act (breaches of attendance centre orders or attendance centre rules), after the words “that court” there shall be inserted the words “may, without prejudice to the continuation of the order, impose on him a fine not exceeding £1,000 or”.
5
After that subsection there shall be inserted the following subsection—
3A
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to attend or the breach of the rules were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
6
After subsection (5) of that section there shall be inserted the following subsection—
5A
In dealing with an offender under subsection (3)(a) or (5) above, the court concerned—
a
shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and
b
may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.
Miscellaneous
I768 Persons aged 17 to be treated as young persons for certain purposes.
The following enactments, namely—
a
the Children and Young Persons Acts 1933 to 1969;
b
section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);
c
section 5(2) of the M3Rehabilitation of Offenders Act 1974 (which provides for rehabilitation periods to be reduced by half for young offenders); and
d
the 1980 Act,
shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.
I9369 Non-appearance of persons aged 16 or 17: plea of guilty.
In section 12 of the 1980 Act (non-appearance of accused: plea of guilty), after subsection (1) there shall be inserted the following subsection—
1A
The reference in subsection (1) above to the issue of a summons requiring a person to appear before a magistrates’ court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court.
I870 Renaming of juvenile courts etc.
1
Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.
2
Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.
I9471 Amendments to service law.
The enactments mentioned in Schedule 9 to this Act shall have effect subject to the amendments there specified (being amendments to service law corresponding to certain provisions of this Act).
I9572 Repeal of certain provisions not brought in force.
The following provisions (none of which has been brought into force), namely—
section 4 of the 1969 Act (prohibition of criminal proceedings for offences by children);
in section 5 of that Act (restrictions on criminal proceedings for offences by young persons), subsections (1) to (7) and, in subsection (9), the definitions of “qualified informant” and “designated”;
section 8 of that Act (fingerprinting of suspected young persons); and
in section 37 of the M44Police and Criminal Evidence Act 1984, subsections (11) to (14) (duties of custody officer as respects young persons),
shall cease to have effect.
Part IV Provision of Services
Probation services
73 Inspectors of probation.
1
The Secretary of State may appoint such number of inspectors of probation (to be known collectively as “Her Majesty’s Inspectorate of Probation”) as he may with the approval of the Treasury determine.
2
The Secretary of State shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of Probation.
3
It shall be the duty of inspectors of probation—
a
to inspect and report to the Secretary of State on the probation service for each probation area, and the activities carried out by or on behalf of that service; and
b
to discharge such other functions in connection with the provision of probation or related services (whether or not provided by or on behalf of the probation service for any area) as the Secretary of State may from time to time direct.
4
The Secretary of State shall make to or in respect of inspectors of probation such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
74 Default power where probation committee fails to discharge statutory duty.
1
The Secretary of State may make an order under this section if he is of the opinion that, without reasonable excuse, a probation committee—
a
is failing properly to discharge any duty imposed on it by or under any enactment; or
b
has so failed and is likely to do so again.
2
An order under this section shall—
a
state that the Secretary of State is of the said opinion; and
b
make such provision as he considers requisite for the purpose of securing that the duty is properly discharged by the committee.
3
Where an order is made under this section, it shall be the duty of the committee to comply with the provision made by the order.
I9675 The inner London probation area.
1
Schedule 3 to the 1973 Act (the probation service and its functions) shall be amended as follows.
2
In paragraph 1 (probation areas), for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraph—
3
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.
3
In paragraphs 2(3), 4, 5, 6(3), 13(3) and 18(3), for the words “inner London area”, in each place where they occur, there shall be substituted the words “inner London probation area”.
4
In paragraph 2(3), for paragraph (b) there shall be substituted the following paragraph—
b
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;
5
For paragraph 16 there shall be substituted the following paragraph—
16
1
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 any other probation area, 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.
6
In paragraph 17 (provision of accommodation by local authorities for the probation service)—
a
in sub-paragraph (1), after the words “paragraph 15(1) or (3)” there shall be inserted the words “or 16(1) or (2)”; and
b
after sub-paragraph (3) there shall be inserted the following sub-paragraph—
4
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.
7
At the end of paragraph 19(1), there shall be added the words “and “inner London probation area” has the meaning given by paragraph 1(3) above”.
Court security
I97C1576 Provision of court security officers.
1
In relation to each petty sessions area, the committee shall from time to time determine—
a
whether court security officers should be provided, that is to say, persons whose duty it is to maintain order in any court-house to which they are for the time being assigned by the committee; and
b
if so, how many such officers should be provided, and whether they should be provided by the committee or by the F31paying authority or authorities.
2
As soon as practicable after the making of a determination under subsection (1)(b) above, the committee or, as the case may be, the F31paying authority or authorities shall provide the required number of court security officers, on such terms and conditions as they may determine—
a
by employing persons to act as court security officers; or
b
by entering into a contract with another person for the employment by him of persons to act as such officers.
C163
C164
Where, F34any paying authority is aggrieved by any determination made by the committee under subsection (1) or (2) above, the authority may, within one month from the receipt by the authority of written notice of the determination, appeal to the F35Lord Chancellor, whose decision shall be binding on the committee and the authority.
C165
Any determination which, in relation to a petty sessions area which consists of or forms part of the inner London area, is made by the committee under subsection (1) or (2) above, other than a determination that court security officers should not be provided for that area, shall not have effect unless it is confirmed, with or without modifications, by the F35Lord Chancellor.
F366
In this section—
“the committee”, in relation to a petty sessions area, means the magistrates’ courts committee whose area consists of or includes that petty sessions area, and
“paying authority”, in relation to a committee, has the same meaning as in section 55 of F37the Justices of the Peace Act 1997.
76 Provision of court security officers.
1
In relation to each petty sessions area, the committee shall from time to time determine—
a
whether court security officers should be provided, that is to say, persons whose duty it is to maintain order in any court-house to which they are for the time being assigned by the committee; and
b
if so, how many such officers should be provided, and whether they should be provided by the committee or by the responsible authority.
2
As soon as practicable after the making of a determination under subsection (1)(b) above, the committee or, as the case may be, the responsible authority shall provide the required number of court security officers, on such terms and conditions as they may determine—
a
by employing persons to act as court security officers; or
b
by entering into a contract with another person for the employment by him of persons to act as such officers.
3
Before making any determination under subsection (1) or (2) above in relation to a petty sessions area which does not consist of or form part of the inner London area, the committee shall consult with the responsible authority.
4
Where, in relation to a petty sessions area which does not consist of or form part of the inner London area, the responsible authority is aggrieved by any determination made by the committee under subsection (1) or (2) above, the authority may, within one month from the receipt by the authority of written notice of the determination, appeal to the Secretary of State, whose decision shall be binding on the committee and the authority.
5
Any determination which, in relation to a petty sessions area which consists of or forms part of the inner London area, is made by the committee under subsection (1) or (2) above, other than a determination that court security officers should not be provided for that area, shall not have effect unless it is confirmed, with or without modifications, by the Secretary of State.
6
In this section—
“the committee” means—
a
in relation to a petty sessions area which consists of or forms part of a non-metropolitan county, a metropolitan district, an outer London borough, the City of London or a joint committee area, the magistrates’ courts committee for that county, district, borough, City or area; and
b
in relation to a petty sessions area which consists of or forms part of the inner London area, the committee of magistrates;
“the responsible authority” means—
a
in relation to a petty sessions area which consists of or forms part of a non-metropolitan county, a metropolitan district, an outer London borough or the City of London, the council of that county, district or borough or, as the case may be, the Common Council of that City; and
b
in relation to a petty sessions area which consists of or forms part of the inner London area, the Receiver.
I9877 Powers and duties of court security officers.
1
A court security officer acting in the execution of his duty shall have the following powers, namely—
a
to search any person who is in or is seeking to enter the court-house, and any article in the possession of such a person;
b
to exclude or remove from the court-house any person who refuses to permit such a search as is mentioned in paragraph (a) above, or refuses to surrender any article in his possession which the officer reasonably believes may jeopardise the maintenance of order in the court-house;
c
to exclude or remove any person from the court-house, or restrain any person in the court-house, where (in either case) it is reasonably necessary to do so in order—
i
to maintain order in the court-house;
ii
to enable court business to be carried on without interference or delay; or
iii
to secure his or any other person’s safety.
2
The powers conferred by subsection (1)(a) above to search a person shall not be construed as authorising a court security officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.
3
The powers conferred by subsection (1)(b) and (c) above shall include power to use reasonable force, where necessary.
4
In the execution of his duty, a court security officer shall act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.
5
In subsection (4) above “person in authority”, in relation to any court-house, means—
a
a justice of the peace, chief clerk or justices’ clerk who is exercising any functions in the court-house; and
b
any officer or staff employed to assist such a clerk and authorised by him for the purpose.
6
For the purposes of this section and section 78 below, a court security officer shall not be regarded as acting in the execution of his duty at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
I9978 Protection of court security officers.
1
Any person who assaults a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
2
Any person who resists or wilfully obstructs a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I10079 Duties of responsible authorities.
1
In section 55(2) (duties of local authorities outside Greater London) of the Justices of the M46Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—
b
the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with—
i
secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Act 1975, and
ii
state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;
bb
the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;
2
In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—
b
the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with—
i
secondary Class I contributions payable in respect of any such officers under Part I of the Social Security Act 1975, and
ii
state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;
bb
the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;
Prisoner escorts
80 Arrangements for the provision of prisoner escorts.
1
The Secretary of State may make arrangements for any of the following functions, namely—
a
the delivery of prisoners to court premises;
b
the custody of prisoners held on such premises (whether or not they would otherwise be in the custody of the court) and their production before the court;
c
the delivery of prisoners so held to a prison or police station;
d
the delivery of prisoners from one prison to another; and
e
the custody of prisoners while they are outside a prison for temporary purposes,
to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.
2
Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.
3
Any person who, under a warrant of commitment, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with that warrant if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.
81 Monitoring etc. of prisoner escort arrangements.
1
Prisoner escort arrangements shall include the appointment of—
a
a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and
b
a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.
2
It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—
a
any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and
b
any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.
3
Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.
82 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
1
A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—
a
to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and
b
to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.
2
The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.
3
A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—
a
to prevent their escape from lawful custody;
b
to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;
c
to ensure good order and discipline on their part;
d
to attend to their wellbeing; and
e
to give effect to any directions as to their treatment which are given by a court,
and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.
4
It shall also be the duty of a prisoner custody officer who is on any premises in which the Crown Court is sitting to give effect to any order of that Court made under section 34A of the 1973 Act (power of Court to order search of persons before it).
5
The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) and (4) above, shall include power to use reasonable force where necessary.
6
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
83 Breaches of discipline by prisoners.
1
Where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison, he shall be deemed, for the purposes of such prison rules as relate to disciplinary offences, to have been—
a
in the custody of the governor of the prison; or
b
in the case of a contracted out prison, in the custody of its director,
at all times while that officer was so responsible.
2
Nothing in subsection (1) above shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.
Contracted out prisons
84 Contracting out of certain prisons.
1
The Secretary of State may enter into a contract with another person for the running by him of any prison which—
a
is established after the commencement of this section; and
b
is for the confinement of remand prisoners, that is to say, persons charged with offences who are remanded in or committed to custody pending their trial, or persons committed to custody on their conviction who have not been sentenced for their offences;
and while such a contract is in force, the prison to which it relates shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules.
2
In this Part—
“contracted out prison” means a prison as respects which such a contract is for the time being in force;
“the contractor”, in relation to such a prison, means the person who has contracted to run it.
3
The Secretary of State may by order made by statutory instrument provide that this section shall have effect as if there were omitted from subsection (1) above either—
a
paragraph (a) and the word “and” immediately following that paragraph; or
b
paragraph (b) and the said word “and”; or
c
the words from “which”, in the first place where it occurs, to the end of paragraph (b).
4
An order under subsection (3)(b) or (c) above shall provide that section 87 below shall have effect as if subsection (5) were omitted.
5
No order shall be made under subsection (3) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
85 Officers of contracted out prisons.
1
Instead of a governor, every contracted out prison shall have—
a
a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and
b
a controller, who shall be a Crown servant appointed by the Secretary of State;
and every officer of such a prison who performs custodial duties shall be a prisoner custody officer who is authorised to perform such duties.
2
Subject to subsection (3) below, the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.
3
The director shall not—
a
inquire into a disciplinary charge laid against a prisoner, conduct the hearing of such a charge or make, remit or mitigate an award in respect of such a charge; or
b
except in cases of urgency, order the removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint.
4
The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—
a
to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and
b
to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison.
5
The contractor shall be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.
86 Powers and duties of prisoner custody officers employed at contracted out prisons.
1
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—
a
to search in accordance with prison rules any prisoner who is confined in the prison; and
b
to search any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.
2
The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.
3
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—
a
to prevent their escape from lawful custody;
b
to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;
c
to ensure good order and discipline on their part; and
d
to attend to their wellbeing.
4
The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.
86AF10Power of prisoner custody officers to detain suspected offenders
1
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).
C52
Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—
a
require the person to wait with him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and
b
use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).
3
A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
C64
In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.
86BF11Powers of authorised persons to perform custodial duties
1
In this section—
“restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—
- a
a prisoner custody officer authorised to perform custodial duties; or
- b
a prison officer temporarily attached to the prison; and
- a
“worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.
2
The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.
3
A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.
4
The director may give such authorisation—
a
in general or specific terms, subject to any limitations or conditions he considers appropriate; and
b
to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.
5
Nothing in an order or authorisation under this section is to be taken as authorising the use of force.
6
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
87 Consequential modifications of 1952 Act.
1
In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.
2
In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.
3
Section 8 (powers of prison officers) and section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.
4
In sections 10(5), 12(3), 13(1) and 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.
5
In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.
6
In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison.
7
In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison.
8
Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.
88 Intervention by the Secretary of State.
1
This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—
a
that the director has lost, or is likely to lose, effective control of the prison or any part of it; and
b
that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.
2
The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—
a
beginning with the time specified in the appointment; and
b
ending with the time specified in the notice of termination under subsection (4) below.
3
During that period—
a
all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;
b
the contractor shall do all that he reasonably can to facilitate the exercise by the governor of those functions; and
c
the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.
4
Where the Secretary of State is satisfied—
a
that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and
b
that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,
he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.
5
As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, the director and the controller.
F13Contracted out functions
S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.
F1288A Contracted out functions at directly managed prisons.
1
The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.
2
Section 86 above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as it applies in relation to such an officer performing custodial duties at a contracted out prison.
3
In relation to a directly managed prison—
a
the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and
b
the reference in section 14(2) of that Act (cells) to a prison officer,
shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.
4
Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.
5
In this Part—
“contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;
“directly managed prison” means a prison which is not a contracted out prison.
Supplemental
89 Certification of prisoner custody officers
1
In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—
a
that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and
b
that he is accordingly authorised to perform them.
2
The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.
3
In this section and Schedule 10 to this Act—
“custodial duties” means custodial duties at a contracted out prison;
“escort functions” means the functions specified in section 80(1) above.
90 Protection of prisoner custody officers.
1
Any person who assaults a prisoner custody officer acting in pursuance of prisoner escort arrangements, or performing custodial duties at a contracted out prison, shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
2
Section 17(2) of the M45Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.
3
Any person who resists or wilfully obstructs a prisoner custody officer acting in pursuance of prisoner escort arrangements, or performing custodial duties at a contracted out prison, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
91 Wrongful disclosure of information.
1
A person who is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison, shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.
2
A person guilty of an offence under subsection (1) above shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
b
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
92 Interpretation of Part IV.
1
In this Part—
“contracted out prison” and “the contractor” have the meanings given by section 84(2) above;
“court-house” means a petty sessional court-house within the meaning of the 1980 Act or an occasional court-house appointed under section 147 of that Act;
“court security officer” has the meaning given by section 76(1) above;
“prison” includes a young offender institution or remand centre;
“prisoner” means any person who—
a
is held in custody in a prison;
b
is kept in police detention after being charged with an offence;
c
has been committed to detention at a police station under section 128(7) of the 1980 Act; or
d
is in the custody of a court;
“prisoner custody officer” has the meaning given by section 89(1) above;
“prisoner escort arrangements” has the meaning given by section 80(2) above.
2
Unless the contrary intention appears, expressions used in sections 76 to 79 above which are also used in the 1979 Act have the same meanings as in that Act.
3
Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—
a
any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons kept in secure accommodation by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and
b
any reference in section 80(1)(c) to (e) above to a prison included a reference to such accommodation.
Part V Financial and Other Provisions
Cash limits
93 Cash limits for magistrates’ courts.
1
In section 55 of the 1979 Act (duties of local authorities outside Greater London), after subsection (2) there shall be inserted the following subsection—
2A
Nothing in subsection (1) or (2) above shall require a council to incur any expenditure or make any payment which would—
a
cause the net cost to it in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the council and that year, is for the time being determined by the Secretary of State under subsection (3)(b) of that section; or
b
cause its capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the council and that year, is for the time being determined by the Secretary of State under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.
2
In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the following subsection—
2A
Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which would—
a
cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (3)(b) of that section; or
b
cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (4)(b) of that section;
and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.
3
For section 59 of that Act there shall be substituted the following section—
59 Grants by Secretary of State to responsible authorities.
1
The Secretary of State may out of money provided by Parliament pay to the responsible authorities grants towards the net cost to them in any year—
a
of their functions under this Part or Part II of this Act;
b
of their functions under any regulations made, or having effect as if made, under section 7 of the Superannuation Act 1972 with respect to court staff or, in the case of the Receiver, his corresponding functions; and
c
of making payments under section 12 or 53 of this Act;
and in determining any such net cost as is mentioned above there shall be disregarded any such capital expenditure as is mentioned in subsection (2) below.
2
The Secretary of State may also out of money provided by Parliament pay to the responsible authorities grants towards their capital expenditure in any year in pursuance of their functions under this Part of this Act.
3
The amount of any grant under subsection (1) above towards the net cost to a responsible authority in any year of the matters mentioned in that subsection shall not exceed 80 per cent. of whichever of the following is the less, namely—
a
that net cost; and
b
the amount which, in relation to the authority and that year, is for the time being determined by the Secretary of State.
4
The amount of any grant under subsection (2) above towards the capital expenditure in any year of a responsible authority in pursuance of its functions under this Part of this Act shall not exceed 80 per cent. of whichever of the following is the less, namely—
a
that capital expenditure; and
b
the amount which, in relation to the authority and that year, is for the time being determined by the Secretary of State.
5
The Secretary of State, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which—
a
income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; or
b
expenditure of such authorities is to be taken into account in determining their capital expenditure in any year in pursuance of their functions under this Part of this Act;
and for the purposes of this section any question as to that net cost or that capital expenditure shall (subject to the regulations) be determined by the Secretary of State.
6
The Secretary of State may direct that, in determining—
a
the net cost to a responsible authority in any year of the matters mentioned in subsection (1) above; or
b
the capital expenditure of such an authority in any year in pursuance of its functions under this Part of this Act,
there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
7
Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Secretary of State may with the approval of the Treasury determine.
8
In this section—
“court staff” means persons appointed or deemed to have been appointed as justices’ clerks, or employed by a magistrates’ courts committee to assist a justices’ clerk, under Part III of the Justices of the Peace Act 1949 or Part II of this Act;
“responsible authority” means any of the following, namely, the council of a non-metropolitan county, metropolitan district or outer London borough, the Common Council of the City of London and the Receiver.
4
In section 70 of that Act (interpretation), before the definition of “commission area” there shall be inserted the following definition—
“capital expenditure” means expenditure for capital purposes (construed in accordance with section 40 of the Local Government and Housing Act 1989);
94 Cash limits for probation services.
1
After subsection (3) of section 51 of the 1973 Act (expenses and grants payable out of money provided by Parliament) there shall be inserted the following subsection—
3A
The amount of any payments under subsection (3) above towards any person’s expenditure, or towards any expenditure out of the metropolitan police fund, in any year shall not exceed the appropriate percentage of whichever of the following is the less, namely—
a
that expenditure; and
b
the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State;
and in this subsection “the appropriate percentage”, in relation to expenditure of any description, means the percentage which in relation to expenditure of that description is for the time being determined by the Secretary of State.
2
In paragraph 3 of Schedule 3 to the 1973 Act (the probation service and its functions)—
a
for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph—
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
at the end of that sub-paragraph there shall be inserted the words “and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State”; and
c
for sub-paragraph (5) there shall be substituted the following sub-paragraph—
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.
3
After paragraph 16 of that Schedule there shall be inserted the following paragraph—
16A Limits on sums payable under paragraphs 15 and 16
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.
Miscellaneous
95 Information for financial and other purposes.
1
The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—
a
enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions; or
b
facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.
2
Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.
96 Grants out of money provided by Parliament.
In section 51(3) of the 1973 Act (grants payable out of money provided by Parliament), after paragraph (c) there shall be inserted the following paragraph—
cc
towards the expenditure of any society or individual engaged in supervising or assisting persons on bail;
I10197 Grants by probation committees.
In Schedule 3 to the 1973 Act (the probation service and its functions), after paragraph 12 there shall be inserted the following paragraph—
12A Payment of grants in prescribed cases
A probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.
Part VI Supplemental
98 Expenses etc. under Act.
There shall be paid out of money provided by Parliament—
a
any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above, or payments to or in respect of inspectors of probation appointed under section 73 above;
b
any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;
c
any administrative expenses incurred by the Secretary of State under this Act; and
d
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
99 General interpretation.
1
In this Act—
“the 1933 Act” means the M47Children and Young Persons Act 1933;
“the 1952 Act” means the M48Prison Act 1952;
“the 1967 Act” means the M49Criminal Justice Act 1967;
“the 1969 Act” means the M50Children and Young Persons Act 1969;
“the 1973 Act” means the M51Powers of Criminal Courts Act 1973;
“the 1979 Act” means the M52Justices of the Peace Act 1979;
“the 1980 Act” means the M53Magistrates’ Courts Act 1980;
“the 1982 Act” means the M54Criminal Justice Act 1982;
“the 1983 Act” means the M55Mental Health Act 1983;
“the 1988 Act” means the M56Criminal Justice Act 1988;
“child”, unless the contrary intention appears, means a person under the age of fourteen years;
“prison rules” means rules made under section 47 of the 1952 Act;
“young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.
2
For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.
100 Minor and consequential amendments.
The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).
101 Transitional provisions, savings and repeals.
1
The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M57Interpretation Act 1978 (which relate to the effect of repeals).
2
The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
102 Short title, commencement and extent.
1
This Act may be cited as the Criminal Justice Act 1991.
2
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.
3
Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
4
Subject to subsections (5) to (8) below, this Act extends to England and Wales only.
5
The following provisions of this Act, namely—
a
this section;
b
sections 16, 17(1) and (2), 24 and 26(3) and (4); and
c
Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, paragraph 15 of Schedule 11 to this Act and, so far as relating to the M58Social Work (Scotland) Act 1968, Schedule 13,
also extend to Scotland; and section 23(2) above and, in so far as relating to the M59Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.
6
This section, section 16 above, Schedule 3 to this Act, paragraph 16 of Schedule 11 to this Act and, so far as relating to the M60Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.
7
An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—
a
section 37 of that Act as amended by section 17(1) above; and
b
section 32 of the 1980 Act as amended by section 17(2) above,
shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.
8
SCHEDULES
I169SCHEDULE 1 Amendments of 1973 Act
Sch. 1 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I170Part I Provisions Inserted as Sections 1A to 1C
Sch. 1 (Pts. I and II) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.
Discharge
1A Absolute and conditional discharge.
1
Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—
a
discharging him absolutely; or
b
if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified in the order.
2
An order discharging a person subject to such a condition is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.
3
Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.
4
Where, under the following provisions of this Part of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.
5
The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
1B Commission of further offence by person conditionally discharged.
1
If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that a person in whose case an order for conditional discharge has been made—
a
has been convicted by a court in any part of Great Britain of an offence committed during the period of conditional discharge; and
b
has been dealt with in respect of that offence,
that court or justice may, subject to subsection (3) below, issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest.
2
Jurisdiction for the purposes of subsection (1) above may be exercised—
a
if the order for conditional discharge was made by the Crown Court, by that court;
b
if the order was made by a magistrates’ court, by a justice acting for the petty sessions area for which that court acts.
3
A justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
4
A summons or warrant issued under this section shall direct the person to whom it relates to appear or to be brought before the court by which the order for conditional discharge was made.
5
If a person in whose case an order for conditional discharge has been made by the Crown Court is convicted by a magistrates’ court of an offence committed during the period of conditional discharge, the magistrates’ court—
a
may commit him to custody or release him on bail until he can be brought or appear before the Crown Court; and
b
if it does so, shall send to the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the clerk of the court by whom the register is kept.
6
Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with him, for the offence for which the order was made, in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.
7
If a person in whose case an order for conditional discharge has been made by a magistrates’ court—
a
is convicted before the Crown Court of an offence committed during the period of conditional discharge; or
b
is dealt with by the Crown Court for any such offence in respect of which he was committed for sentence to the Crown Court,
the Crown Court may deal with him, for the offence for which the order was made, in any manner in which the magistrates’ court could deal with him if it had just convicted him of that offence.
8
If a person in whose case an order for conditional discharge has been made by a magistrates’ court is convicted by another magistrates’ court of any offence committed during the period of conditional discharge, that other court may, with the consent of the court which made the order, deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if it had just convicted him of that offence.
9
Where an order for conditional discharge has been made by a magistrates’ court in the case of an offender under eighteen years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (6), (7) or (8) above by that or any other court in respect of the offender after he has attained the age of eighteen years shall be those which would be exercisable if that offence were an offence triable either way and had been tried summarily.
10
For the purposes of this section the age of an offender at a particular time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
1C Effect of discharge.
1
Subject to subsection (2) below and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980, a conviction of an offence for which an order is made under this Part of this Act discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than—
a
the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the following provisions of this Act; and
b
the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969.
2
Where the offender was of or over eighteen years of age at the time of his conviction of the offence in question and is subsequently sentenced under this Part of this Act for that offence, subsection (1) above shall cease to apply to the conviction.
3
Without prejudice to the preceding provisions of this section, the conviction of an offender who is discharged absolutely or conditionally under this Part of this Act shall in any event be disregarded for the purposes of any enactment or instrument which—
a
imposes any disqualification or disability upon convicted persons; or
b
authorises or requires the imposition of any such disqualification or disability.
4
The preceding provisions of this section shall not affect—
a
any right of any offender discharged absolutely or conditionally under this Part of this Act to rely on his conviction in bar of any subsequent proceedings for the same offence; or
b
the restoration of any property in consequence of the conviction of any such offender; or
c
the operation, in relation to any such offender, of any enactment or instrument in force at the commencement of this Act which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.
5
In this section “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.
I171Part II Provisions Inserted as Schedule 1A
Sch. 1 (Pts. I and II) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Schedule 1A Additional Requirements in Probation Orders
Requirements as to residence
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.
Requirements as to activities etc.
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.
Requirements as to attendance at probation centre
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.
Extension of requirements for sexual offenders
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.
Requirements as to treatment for mental condition etc.
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.
Requirements as to treatment for drug or alcohol dependency
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.
I172C44SCHEDULE 2 Enforcement etc. of Community Orders
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))
Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts.2(1)(o)
Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para.21; S.I. 1998/2327, arts.2(1)(y)(2)(i))
I173Part I Preliminary
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I1741
1
In this Schedule “relevant order” means any of the following orders, namely, a probation order, a community service order and a curfew order; and “the petty sessions area concerned” means—
a
in relation to a probation or community service order, the petty sessions area for the time being specified in the order; and
b
in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated.
2
Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders—
a
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and
b
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
3
In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act.
I175Part II Breach of Requirement of Order
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Issue of summons or warrant
I1762
1
If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—
a
issue a summons requiring the offender to appear at the place and time specified in it; or
b
if the information is in writing and on oath, issue a warrant for his arrest.
2
Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought before a magistrates’ court acting for the petty sessions area concerned.
Powers of magistrates’ court
I1773
C451
If it is proved to the satisfaction of the magistrates’ court before which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—
a
it may impose on him a fine not exceeding £1,000;
b
subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;
c
where the relevant order is a probation order and the case is one to which section 17 of the 1982 Act applies, it may make an order under that section requiring him to attend at an attendance centre; or
d
where the relevant order was made by a magistrates’ court, it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
2
In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—
a
shall take into account the extent to which the offender has complied with the requirements of the relevant order; and
b
may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.
3
Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
4
A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court—
a
a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and
b
such other particulars of the case as may be desirable;
and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.
5
A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.
Powers of Crown Court
I1784
C461
Where by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—
a
it may impose on him a fine not exceeding £1,000;
b
subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;
c
where the relevant order is a probation order and the case is one to which section 17 of the 1982 Act applies, it may make an order under that section requiring him to attend at an attendance centre; or
d
it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.
2
In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—
a
shall take into account the extent to which the offender has complied with the requirements of the relevant order; and
b
may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.
3
In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.
Exclusions
I1795
1
Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.
2
An offender who is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol, shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.
Supplemental
I1806
1
Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) or (b) above shall be without prejudice to the continuance of the relevant order.
2
Section 18 of this Act shall apply for the purposes of paragraph 3(1)(a) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that paragraph or paragraph 4(1)(a) above shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
3
The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—
a
shall be specified in the order and shall not exceed 60 in the aggregate; and
b
where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.
4
Section 14(2) of the 1973 Act and, so far as applicable—
a
the following provisions of that Act relating to community service orders; and
b
the provisions of this Schedule so far as so relating,
shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.
5
Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above, the powers conferred by those provisions to deal with the offender for the offence in respect of which the community service order was made shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the community service order was made.
F806A
1
Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following—
a
to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;
b
to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.
2
In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
I181Part III Revocation of Order
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Revocation of order with or without re-sentencing
I1827
1
This paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—
a
that the order should be revoked; or
b
that the offender should be dealt with in some other manner for the offence in respect of which the order was made.
2
The court may—
a
if the order was made by a magistrates’ court—
i
revoke the order; or
ii
revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence; or
b
if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
3
The circumstances in which a probation order may be revoked under sub-paragraph (2)(a)(i) above shall include the offender’s making good progress or his responding satisfactorily to supervision.
4
In dealing with an offender under sub-paragraph (2)(a)(ii) above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
5
An offender sentenced under sub-paragraph (2)(a)(ii) above may appeal to the Crown Court against the sentence.
6
Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.
7
Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
8
No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.
I1838
1
This paragraph applies where an offender in respect of whom a relevant order is in force—
a
is convicted of an offence before the Crown Court; or
b
is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or
c
by virtue of paragraph 7(2)(b) above is brought or appears before the Crown Court.
2
If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—
a
revoke the order; or
b
revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.
3
The circumstances in which a probation order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision.
4
In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
F818A
1
This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer it appears to a magistrates’ court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—
a
for the probation order to be revoked; and
b
for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.
2
No application may be made under paragraph 7 above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.
3
Where this paragraph applies and the probation order was made by a magistrates’ court—
a
the magistrates’ court dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and
b
the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.
4
Where this paragraph applies and the probation order was made by the Crown Court, the magistrates’ court may send the application to the Crown Court to be heard by that court, and if it does so shall also send to the Crown Court such particulars of the case as may be desirable.
5
Where an application under this paragraph is heard by the Crown Court by virtue of sub-paragraph (4) above—
a
the Crown Court may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and
b
the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.
6
For the purposes of sub-paragraphs (3) and (5) above, subsection (1) of section 1A of the 1973 Act shall apply as if—
a
for the words from the beginning to “may make an order either” there were substituted the words “Where paragraph 8A of Schedule 2 to the M97Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) or (5) of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender”; and
b
paragraph (a) of that subsection were omitted.
7
An application under this paragraph may be heard in the offender’s absence if—
a
the application is made by the responsible officer; and
b
that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;
and where the application is so heard section 1A(3) of the 1973 Act shall not apply.
8
No application may be made under this paragraph while an appeal against the probation order is pending.
9
Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.
10
Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.
Revocation of order following custodial sentence
I1849
1
This paragraph applies where—
a
an offender in respect of whom a relevant order is in force is convicted of an offence before a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; and
b
the court imposes a custodial sentence on the offender.
2
If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—
a
if the order was made by a magistrates’ court, revoke it; and
b
if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.
3
Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.
I18510
Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.
Supplemental
I18611
1
On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.
2
A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.
F8211A
Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words “powers exercisable under paragraph 3(1)(d) above” there were substituted the words “powers to deal with the offender which are exercisable under paragraph 7(2)(a)(ii) or 8(2)(b) below”.
F8311B
Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and—
a
the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates’ court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but
b
the relevant order was made in those circumstances,
section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances.
I187Part IV Amendment of Order
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Amendment by reason of change of residence
I18812
1
This paragraph applies where, at any time while a relevant order is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.
2
Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.
3
The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either—
a
cancels those requirements; or
b
substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.
4
The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.
Amendment of requirements of probation or curfew order
I18913
1
Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—
a
by cancelling any of the requirements of the order; or
b
by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.
2
The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely—
a
the court shall not amend a probation order—
i
by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or
ii
by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the amending order is made within three months after the date of the original order; and
b
the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.
3
In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.
Amendment of certain requirements of probation order
I19014
1
Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—
a
is of the opinion mentioned in sub-paragraph (2) below; or
b
is for any reason unwilling to continue to treat or direct the treatment of the offender,
he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.
2
The opinion referred to in sub-paragraph (1) above is—
a
that the treatment of the offender should be continued beyond the period specified in that behalf in the order;
b
that the offender needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order;
c
that the offender is not susceptible to treatment; or
d
that the offender does not require further treatment.
F84 Amendment of drug treatment and testing order
Sch. 2 para. 14A (and the heading immediately preceding it) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.10; S.I. 1998/2327, art.2(1)(n)
F8514A
1
Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order—
a
vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or
b
amend the order on an application by that officer under sub-paragraph (3)(c) below.
2
Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—
a
he shall make a report in writing to that effect to the responsible officer; and
b
that officer shall apply to the court for the variation or cancellation of the requirement.
3
Where the responsible officer is of the opinion—
a
that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;
b
that any other requirement of the order, or a provision of the order, should be varied or cancelled; or
c
that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa,
he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.
4
The court—
a
shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and
b
shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified.
5
If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—
a
revoke the order; and
b
deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
6
In dealing with the offender under sub-paragraph (5)(b) above, the court—
a
shall take into account the extent to which the offender has complied with the requirements of the order; and
b
may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.
7
Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”.
8
In this paragraph—
“review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998;
“the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.
Extension of community service order
I19115
Where—
a
a community service order is in force in respect of any offender; and
b
on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,
the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.
Supplemental
I19216
No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above, while an appeal against the relevant order is pending.
I19317
1
Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—
a
shall summon him to appear before the court; and
b
if he does not appear in answer to the summons, may issue a warrant for his arrest;
and the court shall not amend a relevant order under this Part of this Schedule unless the offender 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 a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.
I19418
1
On the making under this Part of this Schedule of an order amending a relevant order, the clerk to the court shall forthwith—
a
if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;
b
if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—
i
copies of the amending order; and
ii
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;
and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.
2
A responsible officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.
I11SCHEDULE 3 Reciprocal Enforcement of Certain Orders
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I195Part I Transfer of Community Orders to Scotland or Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Probation orders: Scotland
I1961
1
Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—
1A
A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the regional or islands council in whose area he resides, or will be residing when the order comes into force.
2
Where a probation order has been made and—
a
a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and
b
it appears to the court that suitable arrangements for his supervision can be made by the regional or islands council in whose area he proposes to reside or is residing,
the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—
a
any reference to a probation officer were a reference to an officer of the regional or islands council in whose area the offender resides or will be residing when the order or amendment comes into force;
b
the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;
c
paragraph 3 (requirements as to attendance at probation centre) were omitted; and
d
the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the M98Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.
4
A probation order made or amended in accordance with this paragraph shall—
a
specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
b
specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the M99Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.
Probation orders: Northern Ireland
I1972
1
Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection—
1A
A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.
2
Where a probation order has been made and—
a
a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and
b
it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,
the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—
a
any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;
b
the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;
c
references in paragraph 3 to a probation centre were references to a day centre within the meaning of section 2B of the M100Probation Act (Northern Ireland) 1950; and
d
the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of section 2 of the M101Probation Act (Northern Ireland) 1950.
4
A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.
Community service orders: Scotland
I1983
1
Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—
2A
A court shall not make a community service order in respect of any offender unless—
a
the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
b
it appears to the court that provision can be made for him to perform work under those arrangements.
2
Where a community service order has been made and—
a
a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;
b
the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
c
it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
3
A community service order made or amended in accordance with this paragraph shall—
a
specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
b
require the regional or islands council in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.
Community service orders: Northern Ireland
I1994
1
Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—
a
in the case of an offender aged sixteen, as if the reference in subsection (1A) to 240 hours were a reference to 120 hours; and
b
in any case, as if for subsection (2A) there were substituted the following subsection—
2A
A court shall not make a community service order in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order.
2
Where a community service order has been made and—
a
a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and
b
it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed and, where the offender is aged sixteen, by making any such reduction in the aggregate number of hours specified in the order as is required by sub-paragraph (1)(a) above.
3
A community service order made or amended in accordance with this paragraph shall—
a
specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and
b
require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the M102Treatment of Offenders (Northern Ireland) Order 1976.
Combination orders: Scotland
I2005
Paragraphs 1 and 3 above shall apply in relation to combination orders—
a
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and
b
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
General
I2016
1
Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.
2
Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—
a
the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and
b
the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.
3
Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—
a
the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;
b
the powers of the home court under that legislation, as modified by this paragraph; and
c
its own powers under this paragraph,
and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.
4
The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—
a
in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the M103Criminal Procedure (Scotland) Act 1975;
b
in the case of a probation order, a power conferred by section 4(3)(d) or (4B)(d) or 6 of, or paragraph 1 of Schedule 2 to, the M104Probation Act (Northern Ireland) 1950; and
c
in the case of a community service order—
i
a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the M105Community Service by Offenders (Scotland) Act 1978;
ii
a power conferred by Article 9(3)(a) or (b) or (5)(b) or 10 of the M106Treatment of Offenders (Northern Ireland) Order 1976; or
iii
a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.
5
If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—
a
it appears to the home court—
i
if that court is in Scotland, on evidence on oath from the local authority officer concerned; and
ii
if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,
that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or
b
it appears to the home court on the application of the offender or—
i
if that court is in Scotland, of the local authority officer concerned; and
ii
if it is in Northern Ireland, of the probation officer concerned,
that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act to be exercised,
the home court may require the offender to appear before the court which made the order.
6
Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—
a
may issue a warrant for his arrest; and
b
may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,
and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.
7
Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—
a
the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and
b
a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.
8
In this paragraph—
“corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the M107Criminal Procedure (Scotland) Act 1975;
“home court” means—
a
if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and
b
if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;
“the local authority officer concerned”, in relation to an offender, means the officer of a regional or islands council responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the M108Community Service by Offenders (Scotland) Act 1978;
“the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part III of the M109Treatment of Offenders (Northern Ireland) Order 1976;
“the relevant time” means the time when the order or the amendment to it comes into force.
I10Part II Transfer of Corresponding Orders from Scotland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Probation orders
I97
1
The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.
2
In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—
a
in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or
b
in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order
3
In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—
a
in subsection (1)—
i
for the words “that the offender shall perform unpaid work” there shall be substituted the words “which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the M4Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule”;
ii
for the word “17” there shall be substituted the word “16”’
iii
the word “and”, where it secondly occurs, shall cease to have effect; and
iv
at the end there shall be added the words “; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.”;
b
in subsection (2)—
i
for the words “that the probationer has attained the age of 17 years and proposes to reside in or is residing in England” there shall be substituted the following paragraphs—
a
that the probationer has attained the age of 16 years;
b
that he proposes to reside, or is residing, in England; and
c
that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside
ii
after the word “section”, where it secondly occurs, there shall be inserted the words “or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred”;
c
in subsection (3)—
i
in paragraph (a), for the words “section 3(2) of” and “section 3 of” there shall be substituted, respectively, the words “paragraph 5(3) of Schedule 1A to” and “paragraph 5 of Schedule 1A to”; and
ii
in paragraph (b), for the words “subsections (4) to (6) of section 3 of” there shall be substituted the words “sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to”;
d
in subsection (4), for the words from “the Powers” to the end of the proviso there shall be substituted the words
Schedule 2 to the Criminal Justice Act 1991 shall apply to the order—
a
except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and
b
in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 11 of the said Act of 1991:
Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland.
e
in subsection (5), for the words from “for which” to “this section” there shall be substituted the words “named in a probation order made or amended under this section that the person to whom the order relates”.
4
Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.
Community service orders
I2028
Section 6 of the M110Community Service by Offenders (Scotland) Act 1978 (community service orders relating to persons residing in England and Wales) shall be amended as follows—
a
in subsection (1)(a), for the words from “for paragraphs” to the end of paragraph (b) as substituted in section 1(2) of that Act there shall be substituted the words “
, in subsection (2), paragraph (b) were omitted and for paragraph (d) there were substituted the following paragraph—
”
;and
b
in subsection (2), paragraph (b) shall cease to have effect.
Supervision requirements
I2039
Section 72 of the M111Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—
a
in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—
i
in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
ii
in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).
b
in subsection (1A)—
i
for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;
ii
after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and
iii
paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;
c
in subsection (2), for the words “The juvenile court in Northern Ireland” there shall be substituted the words “A juvenile court”;
d
in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and
e
subsection (4) shall cease to have effect.
I204Part III Transfer of Probation Orders from Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I20510
1
Where, in the case of an offender of or over the age of 16 years, a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, section 1 of the M112Probation Act (Northern Ireland) 1950 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—
1A
A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside.
2
Where a probation order has been made by a court in Northern Ireland and—
a
a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England and Wales; and
b
it appears to the court that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside,
the power of the court to amend the order under Schedule 2 to the M113Probation Act (Northern Ireland) 1950 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, sections 2, 2A and 2B of the M114Probation Act (Northern Ireland) 1950 shall have effect as if—
a
any reference to a probation officer were a reference to a probation officer assigned to the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;
b
the reference in section 2(2) to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the M115Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act;
c
the reference in section 2A(5) to the Probation Board for Northern Ireland were a reference to the probation committee for the area in which the premises are situated; and
d
references in section 2B to a day centre were references to a probation centre within the meaning of paragraph 3 of Schedule 1A to the 1973 Act.
4
A probation order made or amended in accordance with this paragraph shall specify the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.
I20611
1
Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.
2
Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—
a
the order shall be treated as if it were a probation order made in England and Wales; and
b
F86the provisions of sections 41 and 42 of and Schedules 2 and 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (so far as relating to such orders). . . shall apply accordingly.
3
Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—
a
the requirements of F87section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 relating to probation orders;
b
the powers of the home court under F88Schedule 3 to that Act, as modified by this paragraph; and
c
its own powers under this paragraph,
and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under F89Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996.
4
The home court may exercise in relation to the probation order any power which it could exercise in relation to a probation order made by a court in England and Wales by virtue of F90the Powers of Criminal Courts (Sentencing) Act 2000, except a power conferred by F90paragraph F954(1)(d), 5(1)(d) F954(1C)(d), 5(1C)(d) , 10(3) or 11(2) of Schedule 3 to that Act.
5
If at any time while F91the Powers of Criminal Courts (Sentencing) Act 2000 applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—
a
b
the home court may require the offender to appear before the court which made the order.
6
Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—
a
may issue a warrant for his arrest; and
b
may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,
and F94Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly.
7
Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—
a
the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and
b
a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.
8
In this paragraph “home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction F15acting in the local justice area in which he resides or proposes to reside.
I15SCHEDULE 4 Increase of Certain Maxima
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I207Part I Substitution of Other Amounts
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
(1) Provision | (2) General description | (3) Present amount | (4) New amount |
|---|---|---|---|
In Schedule 5A to the Army Act 1955 and the Air Force Act 1955, paragraph 11(2). | Maximum amount of compensation order. | £2,000 | £5,000 |
Section 23(3) of the Attachment of Earnings Act 1971. | Maximum judge’s fine in High Court or county court. | £100 | £250 |
Section 27(3) of the 1973 Act. | Maximum fine for failure to comply with suspended sentence supervision order. | £400 | £1,000 |
Section 8(1) of the Armed Forces Act 1976. | Maximum fine awarded by Standing Civilian Courts. | £2,000 | £5,000 |
Section 40(1) of the 1980 Act. | Maximum amount of compensation order. | £2,000 | £5,000 |
Section 63(3)(a) of that Act. | Maximum fine for disobedience of order other than for payment of money. | £2,000 | £5,000 |
Section 97(4) of that Act. | Maximum fine for refusal to give evidence. | £1,000 | £2,500 |
Section 12(2) of the Contempt of Court Act 1981. | Maximum fine for contempt in face of magistrates’ court. | £1,000 | £2,500 |
Section 14(2) of that Act. | Maximum fine for contempt in an inferior court. | £1,000 | £2,500 |
Section 55(2) of the County Courts Act 1984. | Maximum fine for neglecting witness summons. | £400 | £1,000 |
Section 118 (1) of that Act. | Maximum fine for contempt of court. | £1,000 | £2,500 |
Section 10(1) and (2) and 21(5) of the Coroners Act 1988. | Maximum coroner’s fine for refusal to give evidence etc. | £400 | £1,000 |
I12Part II Substitution of Levels on Standard Scale
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Section 33(1)(a) of the 1980 Act. | Maximum fine on summary conviction of offence tried in pursuance of section 22 of that Act (certain offences triable either way to be tried summarily if value involved is small). | £1,000 | Level 4 |
Section 34(3)(b) of that Act. | Maximum fine on summary conviction where statute provides no express power to fine. | £400 | Level 3 |
I13Part III Substitution of Statutory Maximum
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
(1) Provision | (2) General description | (3) Present amount |
|---|---|---|
Section 6(8) of the Whaling Industry (Regulation) Act 1934. | Maximum fine on summary conviction for failure to keep or falsify records. | £1,000 |
Section 9(1) of that Act. | Maximum fine on summary conviction for forgery of certain documents. | £1,000 |
Section 11(1)(c) of the Sea Fisheries (Conservation) Act 1967. | Maximum fine on summary conviction for an offence under section 1, 2, 4(7) or (7A), 4A(7) or (8), 6(5) or (5A)(b) or 7(3) of that Act. | £1,000 |
Section 16(1A) of that Act. | Maximum fine on summary conviction for assaulting or obstructing officer exercising enforcement powers. | £1,000 |
Section 5(4) of the Sea Fisheries Act 1968. | Maximum fine on summary conviction for contravening order regulating fishing operations. | £1,000 |
I14Part IV Provisions Substituted for Schedule 6A to 1980 Act
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Schedule 6A Fines that may be Altered under Section 143
Enactment
Maximum fine
CHILDREN AND YOUNG PERSONS ACT 1969 (c.54)Section 15(3)(a) (failure to comply with supervision order)
£1,000
Section 15(5)(b) and (c) (failure to comply with supervision order)
£5,000
ATTACHMENT OF EARNINGS ACT 1971 (c.32)Section 23(3) (judge’s fine)
£250
POWERS OF CRIMINAL COURTS ACT 1973 (c.62)Section 27(3) (failure to comply with suspended sentence supervision order)
£1,000
MAGISTRATES’ COURTS ACT 1980 (c.43)Section 63(3)(a) (disobedience of orders other than payment of money)
£5,000
Section 97(4) (refusal to give evidence etc.)
£2,500
CONTEMPT OF COURT ACT 1981 (c.49)Section 12(2) (contempt in face of magistrates’ court)
£2,500
Section 14(2) (contempt in an inferior court)
£2,500
Enactment
Maximum fine
CRIMINAL JUSTICE ACT 1982 (c.48)Section 19(3) (failure to comply with attendance centre order or attendance centre rules)
£1,000
COUNTY COURTS ACT 1984 (c.28)Section 55(2) (neglect or refusal to give evidence)
£1,000
Section 118(1) (contempt in face of court) £2,500
CORONERS ACT 1988 (c.13)Sections 10(1) and (2) and 21(5) (refusal to give evidence etc.)
£1,000
CRIMINAL JUSTICE ACT 1991 (c.53)In Schedule 2, paragraphs 3(1) and 4(1) (failure to comply with probation, community service, curfew or combination order)
£1,000
I208Part V Other Amendments
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I2091
In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection—
4
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
I2102
In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection—
5
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (4) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
I2113
In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), after subsection (2) there shall be inserted the following subsection—
2A
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
I2124
In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection—
2A
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
I213SCHEDULE 5 The Parole Board
Sch. 5 (paras. 1 - 6) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Membership
I2141
The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
F96 Membership
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
I2152
The Board shall include among its members—
a
a person who holds or has held judicial office;
b
a registered medical practitioner who is a psychiatrist;
c
a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
d
a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
F97Payments to members
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
I2163
A member of the Board—
a
shall hold and vacate office in accordance with the terms of his appointment;
b
may resign his office by notice in writing addressed to the Secretary of State;
and a person who ceases to hold office as a member of the Board shall be eligible for reappointment.
Remuneration and allowances
I2174
There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.
F98Staff
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
I2185
The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging its functions under Part II of this Act shall be defrayed by the Secretary of State.
Reports
I2196
The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year; and the Secretary of State shall lay a copy of the report before Parliament.
F99Financial provisions
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F1007
1
The Secretary of State shall pay to the Board—
a
any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and
b
with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.
2
Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
F101Authentication of Board’s seal
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F1028
The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.
F103Presumption of authenticity of documents issued by Board
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F1049
Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
F105Accounts and audit
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F10610
1
It shall be the duty of the Board—
a
to keep proper accounts and proper records in relation to the accounts;
b
to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
c
to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.
2
The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.
3
In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.
F107Reports
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2
F10811
The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.
F16E2I20SCHEDULE 6 Notices of Transfer: Procedure in lieu of Committal
Sch. 6 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Schedule 6 extends to England and Wales only except as mentioned in s. 102(4)-(6).
Sch. 6 repealed (prosp.) by Criminal Justice Act 2003 (c. 44), ss. 41, 332, 336, Sch. 3 Pt. 2 para. 62(3), Sch. 37
Contents of notice of transfer
I161
1
A notice of transfer shall specify the proposed place of trial; and in selecting that place the Director of Public Prosecutions shall have regard to the considerations to which a magistrates’ court committing a person for trial is required by section 7 of the 1980 Act to have regard when selecting the place at which he is to be tried.
2
A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 4 below may require.
Remand
I2202
1
If a magistrates’ court has remanded in custody a person to whom a notice of transfer relates, it shall have power, subject to section 4 of the M116Bail Act 1976 and regulations under section 22 of the M117Prosecution of Offences Act 1985—
a
to order that he shall be safely kept in custody until delivered in due course of law; or
b
to release him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.
2
Where—
a
a person’s release on bail under paragraph (b) of sub-paragraph (1) above is conditional on his providing one or more sureties; and
b
in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,
the court shall in the meantime make an order such as is mentioned in paragraph (a) of that sub-paragraph.
3
If the conditions specified in sub-paragraph (4) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 Act it would have the power further to remand him on an adjournment such as is mentioned in that subsection.
4
The conditions referred to in sub-paragraph (3) above are—
a
that the person in question has given his written consent to the powers conferred by sub-paragraph (1) above being exercised without his being brought before the court; and
b
that the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.
5
Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue.
6
Where that requirement ceases by virtue of sub-paragraph (5) above, it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the M118Supreme Court Act 1981.
7
If, in a case where the notice states that the requirement mentioned in sub-paragraph (5) above is to continue, a person to whom the notice relates appears before the magistrates’ court, the court shall have—
a
the powers and duties conferred on a magistrates’ court by sub-paragraph (1) above but subject as there provided; and
b
power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with section 128(4)(a) of the 1980 Act so that the surety is bound to secure that the person charged appears also before the Crown Court.
Witnesses
I173
For the purposes of the M5Criminal Procedure (Attendance of Witnesses) Act 1965—
a
any magistrates’ court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and
b
a person indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.
Regulations
I2214
1
The Attorney General—
a
shall by regulations make provision requiring a copy of a notice of transfer, together with F109copies of the documents containing the evidence (including oral evidence) on which any charge to which it relates is based, to be given—
i
to any person to whom the notice of transfer relates; and
ii
to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial; and
b
may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of the Director of Public Prosecutions in relation to such notices, as appears to him to be appropriate.
F1101A
Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of transfer.
2
The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Applications for dismissal
I222C475
1
Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed.
2
The judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.
3
No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.
4
Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.
5
No leave or order under sub-paragraph (4) above shall be given or made in relation to oral evidence from a child (within the meaning of section 53 of this Act) who is alleged—
a
to be a person against whom an offence to which the notice of transfer relates was committed; or
b
to have witnessed the commission of such an offence.
6
If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.
7
Dismissal of the charge, or all the charges, against the applicant shall have the same effect as F111the dismissal of a charge or charges against an accused under section 6 of the Magistrates’ Courts Act 1980..
8
Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
a
as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
b
as to the contents and form of notices or other documents;
c
as to the manner in which evidence is to be submitted; and
d
as to persons to be served with notices or other material.
Reporting restrictions
I2236
1
Except as provided by this paragraph, it shall not be lawful—
a
to publish in Great Britain a written report of an application under paragraph 5(1) above; or
b
to include in a relevant programme for reception in Great Britain a report of such an application,
if (in either case) the report contains any matter other than that permitted by this paragraph.
2
An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 5(1) above may be made by the judge dealing with the application.
3
Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.
4
An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.
5
It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 5(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.
6
Where—
a
two or more persons were jointly charged; and
b
applications under paragraph 5(1) above are made by more than one of them,
sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.
7
It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.
8
The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by F112sub-paragraphs (5) and (7) above, that is to say—
a
the identity of the court and the name of the judge;
b
the names, ages, home addresses and occupations of the accused and witnesses;
c
the offence or offences, or a summary of them, with which the accused is or are charged;
d
the names of counsel and solicitors engaged in the proceedings;
e
where the proceedings are adjourned, the date and place to which they are adjourned;
f
the arrangements as to bail;
g
whether legal aid was granted to the accused or any of the accused.
9
The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—
a
at any relevant time; and
b
at the time of their publication or inclusion in a relevant programme.
10
If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—
a
in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
b
in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
c
in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;
shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
11
Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.
12
Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.
13
In this paragraph—
“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service (within the meaning of the M119Broadcasting Act 1990);
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
Avoidance of delay
I187
1
Where a notice of transfer has been given in relation to any case—
a
the Crown Court before which the case is to be tried; and
b
any magistrates’ court which exercises any functions under paragraph 2 or 3 above or section 20(4) of the M6Legal Aid Act 1988 in relation to the case,
shall, in exercising any of its powers in relation to the case, have regard to the desirability of avoiding prejudice to the welfare of any relevant child witness that may be occasioned by unnecessary delay in bringing the case to trial.
2
In this paragraph “child” has the same meaning as in section 53 of this Act and “relevant child witness” means a child who will be called as a witness at the trial and who is alleged—
a
to be a person against whom an offence to which the notice of transfer relates was committed; or
b
to have witnessed the commission of such an offence.
Procedures for indictment of offenders
I198
1
In subsection (2) of section 2 of the M7Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph—
ab
the offence is specified in a notice of transfer under section 53 of the Criminal Justice Act 1991 (violent or sexual offences against children); or
2
In paragraph (iA) of the proviso to that subsection—
a
after the words “paragraph (aa)” there shall be inserted the words “or (ab)”; and
b
for the words “regulations under section 5(9) of the M8Criminal Justice Act 1987” there shall be substituted the the words “regulations under the relevant provision”.
3
At the end of that proviso there shall be inserted the words “and in paragraph (iA) above “the relevant provision” means section 5(9) of the M9Criminal Justice Act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991 in a case to which paragraph (ab) above applies”.
Legal aid
I2249
In section 20(4) of the M120Legal Aid Act 1988 (power of magistrates’ court to grant legal aid for Crown Court proceedings), in paragraph (b), after the word “cases)” there shall be inserted the words “or section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children)”.
I225SCHEDULE 7 Provisions Substituted for Section 15 of 1969 Act
Sch. 7 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
15 Variation and discharge of supervision orders.
1
If while a supervision order is in force in respect of a supervised person it appears to a relevant court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it—
a
by cancelling any requirement included in it in pursuance of section 12, 12A, 12AA, 12B, 12C or 18(2)(b) of this Act; or
b
by inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power.
2
The powers of variation conferred by subsection (1) above do not include power—
a
to insert in the supervision order, after the expiration of three months beginning with the date when the order was originally made, a requirement in pursuance of section 12B(1) of this Act, unless it is in substitution for such a requirement already included in the order; or
b
to insert in the supervision order a requirement in pursuance of section 12A(3)(b) of this Act in respect of any day which falls outside the period of three months beginning with the date when the order was originally made.
3
If while a supervision order made under section 7(7) of this Act is in force in respect of a person it is proved to the satisfaction of a relevant court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12AA, 12C or 18(2)(b) of this Act, the court—
a
whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him; or
b
in the case of a person who has attained the age of eighteen, may (if it also discharges the supervision order) make an order imposing on him any punishment, other than a sentence of detention in a young offender institution, which it could have imposed on him if it—
i
had then had power to try him for the offence in consequence of which the supervision order was made; and
ii
had convicted him in the exercise of that power.
4
If while a supervision order is in force in respect of a person it is proved to the court under subsection (3) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it—
a
had then had power to try him for the offence in consequence of which the supervision order was made; and
b
had convicted him in the exercise of that power.
5
In a case falling within subsection (3)(b) or (4) above where the offence in question is of a kind which the court has no power to try, or has no power to try without appropriate consents, the sentence imposed by virtue of that provision—
a
shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and
b
where the case falls within subsection (3)(b) above and the sentence is a fine, shall not in any event exceed £5,000; and
c
where the case falls within subsection (4) above, shall not in any event exceed a custodial sentence for a term of six months and a fine of £5,000.
6
A court may not make an order by virtue of subsection (4) above unless the court which made the supervision order made a statement under subsection (1) of section 12D of this Act; and for the purposes of this subsection a certificate under that section shall be evidence of the making of the statement to which it relates.
7
Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply—
a
for the purposes of subsection (3)(a) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and
b
for the purposes of subsections (3)(b) and (4) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 5 on that scale;
and a fine imposed under any of those provisions shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
8
In dealing with a supervised person under subsection (3) or (4) above, the court shall take into account the extent to which that person has complied with the requirements of the supervision order.
9
If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12B(1) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—
a
that the treatment should be continued beyond the period specified in that behalf in the order; or
b
that the supervised person needs different treatment; or
c
that he is not susceptible to treatment; or
d
that he does not require further treatment,
the practitioner shall make a report in writing to that effect to the supervisor.
10
On receiving a report under subsection (9) above, the supervisor shall refer it to a relevant court; and on such a reference, the court may make an order cancelling or varying the requirement.
11
In this section “relevant court” means—
a
in the case of a supervised person who has not attained the age of eighteen, a youth court;
b
in the case of a supervised person who has attained that age, a magistrates’ court other than a youth court.
12
The provisions of this section shall have effect subject to the provisions of section 16 of this Act.
E3I26SCHEDULE 8 Amendments for Treating Persons Aged 17 as Young Persons
Sch. 8 in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Schedule 8 extends to England and Wales only except as mentioned in s. 102(4)-(6).
Children and Young Persons Act 1933 (c.12)
I211
1
Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
2
In this section and section 34 of this Act, “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.
2
In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
3
In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
“young person” means a person who has attained the age of fourteen and is under the age of eighteen years.
Prison Act 1952 (c.52)
I222
In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.
Children and Young Persons Act 1963 (c.37)
I233
In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
Children and Young Persons Act 1969 (c.54)
I244
1
Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
2
In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.
2
In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;
Rehabilitation of Offenders Act 1974 (c.53)
I255
In section 5(2) of the Rehabilitation of Offenders Act 1974 (which provides for rehabilitation periods to be reduced by half for young offenders)—
a
in paragraph (a), for the words “seventeen years of age” there shall be substituted the words “eighteen years of age”; and
b
in the heading to Table A, for the words “under 17” there shall be substituted the words “under 18”.
Magistrates’ Courts Act 1980 (c.43)
I1266
1
Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—
a
for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;
b
in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;
c
in section 36(1), for the words “17 years of age” there shall be substituted the words “18 years of age”; and
d
in section 38 for the words “17 years old” there shall be substituted the words “18 years old”.
2
In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.
3
In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.
I32SCHEDULE 9 Amendments to Service Law
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Army Act 1955 (c.18) and Air Force Act 1955 (c.19)
I2261
In section 71A of the Army Act 1955 and the Air Force Act 1955 (life custody for young offenders), in subsections (1B) and (4)(a), for the words “17 years” there shall be substituted the words “18 years”.
I2272
In section 71AA of those Acts (young service offenders: custodial orders)—
a
in subsection (1), for the words “not exceeding” there shall be substituted the words
which—
a
shall be not less than the appropriate minimum period, that is to say—
i
in the case of an offender who has attained eighteen years of age, the period of 21 days; or
ii
in the case of an offender who is under that age, the period of two months; and
b
shall not exceed
b
subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below” shall cease to have effect;
c
before subsection (1B) there shall be inserted the following subsection—
1AA
The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.
d
in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
F113I2283
For subsection (2) of section 93 of those Acts (evidence on oath in court-martial) there shall be substituted the following subsections—
1B
A witness before a court-martial—
a
shall be examined on oath if he has attained the age of fourteen; and
b
shall give evidence unsworn if he is under that age.
2
Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.
I274
In paragraph 10 of Schedule 5A to those Acts (civilian offenders: custodial orders)—
a
in sub-paragraph (1), for the words from “detained” to “and in this sub-paragraph” there shall be substituted the words
detained for a period, to be specified in the order, which—
a
shall not be less than the appropriate minimum period, that is to say—
i
in the case of an offender who has attained the age of 18, the period of 21 days; or
ii
in the case of an offender who is under 18 years of age, the period of two months;
b
shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and
c
if the order is made by a Standing Civilian Court, shall not exceed six months.
and in this sub-paragraph
b
in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and
c
in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
SCHEDULE 10 Certification of Prisoner Custody Officers
Preliminary
1
In this Schedule—
“certificate” means a certificate under section 89 of this Act;
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.
Issue of certificates
2
1
Any person may apply to the Secretary of State for the issue of a certificate in respect of him.
2
The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—
a
is a fit and proper person to perform the relevant functions; and
b
has received training to such standard as he may consider appropriate for the performance of those functions.
3
Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.
4
A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.
Suspension of certificate
3
1
This paragraph applies where at any time it appears—
a
in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, to the prisoner escort monitor for the area concerned; or
b
in the case of such an officer performing custodial duties at a contracted out prison, to the controller of that prison,
that the officer is not a fit and proper person to perform the escort functions or, as the case may be, custodial duties.
2
The prisoner escort monitor or controller may—
a
refer the matter to the Secretary of State for a decision under paragraph 4 below; and
b
in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.
3
The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Revocation of certificate
4
Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.
False statements
5
If any person, for the purpose of obtaining a certificate for himself or for any other person—
a
makes a statement which he knows to be false in a material particular; or
b
recklessly makes a statement which is false in a material particular,
he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
E7SCHEDULE 11 Minor and Consequential Amendments
Schedule 11 extends to England and Wales only except as mentioned in s. 102(4)- (6)
Children and Young Persons Act 1933 (c.12)
I331
In section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.
Criminal Justice Act 1967 (c.80)
I342
1
Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.
2
In subsection (1A)(c)—
a
after the word “remanded” there shall be inserted the words “or committed”; and
3
For subsection (5) there shall be substituted the following subsection—
5
This section applies—
a
to sentences of detention in a young offender institution; and
b
to determinate sentences of detention passed under section 53(2) of the Children and Young Persons Act 1933 (sentences for serious indictable offences),
as it applies to sentences of imprisonment.
4
In subsection (6)—
a
after the word “being”, in the second place where it occurs, there shall be inserted the words “remanded or”;
b
for the words “committed to the care of a local authority” there shall be substituted the words “remanded or committed to local authority accommodation”; and
c
after the words “the said section 23” there shall be inserted the words “or 37”.
Criminal Appeal Act 1968 (c.19)
I1353
In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with by Crown Court), for paragraph (b) there shall be substituted the following paragraph—
b
having been made the subject of an order for conditional discharge or a community order within the meaning of Part I of the Criminal Justice Act 1991 (other than a supervision order within the meaning of that Part) or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence.
I1364
In section 50(1A) of that Act (right of appeal of probationer etc.), for the words “Section 13” there shall be substituted the words “Section 1C” and the words “a probation order or” shall cease to have effect.
Civil Evidence Act 1968 (c.64)
I1375
In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for the words “section 13” there shall be substituted the words “section 1C” and the words “probation or” shall cease to have effect.
Children and Young Persons Act 1969 (c. 54)
I1386
1
In subsection (1) of section 12D of the 1969 Act (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii), for sub-paragraphs (a) to (c) there shall be substituted the following sub-paragraphs—
a
the offence of which he has been convicted, or the combination of that offence and one other offence associated with it, was so serious that only a supervision order containing such a requirement or a custodial sentence can be justified for that offence; or
b
that offence was a violent or sexual offence and only a supervision order containing such a requirement or such a sentence would be adequate to protect the public from serious harm from him;
2
After that subsection there shall be inserted the following subsection—
1A
Sub-paragraphs (a) and (b) of subsection (1)(ii) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.
I1397
1
In subsection (4) of section 16 of that Act (provisions supplementary to section 15), for the words “a court” there shall be substituted the words “a youth court”.
2
In subsection (6)(b) of that section, for the words “subsection (5)” there shall be substituted the words “subsection (10)”.
3
In subsection (10) of that section, for the words “paragraph (b) of subsection (2A) and paragraph (a) of subsection (4)” there shall be substituted the words “paragraph (a) of subsection (3)”.
I1408
1
In subsection (1) of section 16A of that Act (application of sections 17 to 19 of the 1982 Act), for the words “section 15(2A)(b) and (4)(a)” there shall be substituted the words “section 15(3)(a)”.
2
In subsection (2) of that section, for the words “each of those paragraphs” there shall be substituted the words “section 15(3)(a) of this Act”.
Vehicles (Excise) Act 1971 (c.10)
I1419
In section 9(5) of the Vehicles (Excise) Act 1971 (additional liability for keeping unlicensed vehicle), for the words “Part I of the M78Criminal Justice Act 1948” there shall be substituted the words “section 1C of the M79Powers of Criminal Courts Act 1973” and the words “placing him on probation or” shall cease to have effect.
Powers of Criminal Courts Act 1973 (c.62)
I12710
In section 11(2) of the 1973 Act (substitution of conditional discharge for probation) for the words “section 8 of this Act” there shall be substituted the words “paragraph 7 of Schedule 2 to the Criminal Justice Act 1991”.
I12811
In section 12 of that Act (supplementary provisions as to probation and discharge)—
a
in subsection (2), for the words “section 2(7) and paragraph 1 of Schedule 1” there shall be substituted the words “section 2(4)”;
b
in subsection (4), for the words “section 2 or 7” there shall be substituted the words “section 1A or 2”.
I12912
In section 14 of that Act (community service orders)—
a
in subsection (4), for the words “section 17(5) of this Act” there shall be substituted the words “Part IV of Schedule 2 to the Criminal Justice Act 1991”;
b
in subsection (5)(b), for the words “section 16” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991”; and
c
in subsection (5)(c), for the words “section 17” there shall be substituted the words “Parts III and IV of that Schedule”.
I13013
In section 15(2) of that Act (obligations of person subject to community service order), for the words “section 17(1) of this Act” there shall be substituted the words “paragraph 15 of Schedule 2 to the Criminal Justice Act 1991”.
I13114
In section 31(3C) of that Act (maximum periods of imprisonment in default of payment of Crown Court fine), for the words “five days” there shall be substituted the words “seven days”.
I13215
In section 58 of that Act (application to Scotland), for the words “sections 8(4), 10, 13, 17C, 25(3), 29(7)” there shall be substituted the words “sections 1C, 25(3) and 29(7)”.
E8I13316
In section 59 of that Act (application to Northern Ireland), for the words “Sections 17C and 29(7)” there shall be substituted the words “Section 29(7)”.
17
1
In paragraph 2(2)(a) of Schedule 3 to that Act (the probation service and its functions), the word “several” shall cease to have effect.
2
In paragraph 8(1) of that Schedule, after the words “any person” there shall be inserted the words “and to make reports on such matters”.
Juries Act 1974 (c.23)
I13418
1
In Schedule 1 to the Juries Act 1974, Group B (which disqualifies from jury service persons concerned with the administration of justice) shall be amended as follows.
2
After the entry relating to a shorthandwriter in any court, there shall be inserted the following entry— “
A court security officer within the meaning of Part IV of the Criminal Justice Act 1991.
”
3
After the entry relating to governors, chaplains, medical officers and other officers of penal establishments and members of boards of visitors for such establishments, there shall be inserted the following entry— “
Prisoner custody officers within the meaning of Part IV of the Criminal Justice Act 1991.
”
Solicitors Act 1974 (c.47)
I14219
In section 43(7) of the Solicitors Act 1974 (control of employment of certain clerks), for the words “placing a person on probation or discharging him” there shall be substituted the words “discharging a person” and for the words “section 13” there shall be substituted the words “section 1C”.
Rehabilitation of Offenders Act 1974 (c.53)
I14320
In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—
a
for the words “section 13” there shall be substituted the words “section 1C”;
b
the words “put on probation or” shall cease to have effect; and
c
for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.
Bail Act 1976 (c.63)
I14421
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), for the words “section 6 or section 16 of the M80Powers of Criminal Courts Act 1973 (breach of requirement of probation or community service order)” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)”.
I3522
1
Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.
2
In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))” and the words from “or, in the case” to the end shall cease to have effect.
3
After sub-paragraph (1) there shall be inserted the following sub-paragraph—
1A
No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made.
4
In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”.
5
In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)
I3623
In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—
b
where the offence was committed in England and Wales, notwithstanding the provisions of sections 1A and 1C of the Power of Criminal Courts Act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;
Magistrates’ Courts Act 1980 (c.43)
I14524
In section 12(1)(a) of the 1980 Act (non-appearance of accused: plea of guilty), after the words “this section” there shall be inserted the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”.
I3725
In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.
I14626
I3827
1
In subsection (2) of section 143 of that Act (power to alter sums specified in certain provisions), paragraph (i) shall cease to have effect and after paragraph (o) there shall be inserted the following paragraph—
p
section 58(2) and (3) of the Criminal Justice Act 1991 (recognisance from parents or guardians);
2
For subsection (3) of that section there shall be inserted the following subsection—
3
In subsection (1) above the “relevant date” means—
a
the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or
b
where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above, the date of that order.
I3928
In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.
Contempt of Court Act 1981 (c.49)
I4029
1
Section 12(2) of the M12Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.
2
In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.
Criminal Justice Act 1982 (c.48)
I14730
For subsection (5) of section 1 of the 1982 Act (general restrictions on custodial sentences) there shall be substituted the following subsections—
5
No court shall commit a person under 21 years of age to be detained under section 9 below unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court—
a
shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and
b
may take into account any information about that person which is before it.
5A
Where a magistrates’ court commits a person under 21 years of age to be detained under section 9 below, it shall—
a
state in open court the reason for its opinion that no other method of dealing with him is appropriate; and
b
cause that reason to be specified in the warrant of commitment and to be entered in the register.
I14831
1
In subsection (1) of section 1A of that Act (detention in a young offender institution), for paragraph (b) there shall be substituted the following paragraph—
b
the court is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) of section 1 of the Criminal Justice Act 1991 apply or the case falls within subsection (3) of that section,
2
In subsection (4) of that section, for the words “section 15(11) below” there shall be substituted the words “section 65(6) of the Criminal Justice Act 1991”.
I14932
In section 3(1) of that Act (restrictions on imposing custodial sentences on persons under 21 not legally represented), for paragraphs (a) and (b) there shall be substituted the following paragraph—
a
pass a sentence of detention in a young offender institution under section 1A above;
I15033
In section 13 of that Act (conversion of sentence of detention in a young offender institution to imprisonment), after subsection (5) there shall be inserted the following subsection—
6
This section applies to a person who is serving a sentence of custody for life under section 8(2) above, or is detained under section 53 of the Children and Young Persons Act 1933, as it applies to a person serving a sentence of detention in a young offender institution.
I15134
In section 17(1) of that Act (attendance centre orders), for the words “section 6 of the M83Powers of Criminal Courts Act 1973” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991”.
Repatriation of Prisoners Act 1984 (c.47)
I15235
1
In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—
i
released on licence under section 33(1)(b) or (2), 34(3) or 35(1) or (2) of the Criminal Justice Act 1991;
2
In section 3 of that Act (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection—
9
The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a prisoner to whom section 48 of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales) applies, include provision specifying the relevant part of his sentence within the meaning of section 34 of that Act (duty of Secretary of State to release discretionary life prisoners).
3
In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)—
a
in sub-paragraph (1), for the words from “section 60” to “of that section” there shall be substituted the words “section 33(1)(b) or (2), 34(3) or (5) or 35(1) of the Criminal Justice Act 1991 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision,”; and
b
in sub-paragraph (2), for the words “one third” there shall be substituted the words “any particular proportion or part”.
4
In paragraph 3 of that Schedule, for the words “section 61 of the Criminal Justice Act 1967” there shall be substituted the words “section 35(2) of the Criminal Justice Act 1991”.
Prosecution of Offences Act 1985 (c.23)
36
In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of “appropriate court” there shall be inserted the following definition—
“custody” includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969, and references to a person being committed to custody shall be construed accordingly;
Criminal Justice Act 1988 (c.33)
I4137
In section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the M13Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.
Road Traffic Offenders Act 1988 (c.53)
I15338
1
In subsection (1) of section 46 of the Road Traffic Offenders Act 1988 (combination of disqualification and endorsement with probation orders and orders for discharge), for the words “section 13(3)” there shall be substituted the words “section 1C(3)” and the words “placed on probation or” shall cease to have effect.
2
In subsection (2) of that section, for the words “section 13(1)” there shall be substituted the words “section 1C(1)” and the words “placed on probation or” shall cease to have effect.
Extradition Act 1989 (c.33)
I15439
In section 20(2)(b)(i) of the Extradition Act 1989 (restoration of persons not tried or acquitted), for the words “section 7(1)” there shall be substituted the words “section 1A(1)”.
References to juvenile courts
I15540
1
Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”.
2
The enactments referred to in sub-paragraph (1) above are as follows—
a
in the 1933 Act, sections 45 to 49, 56 and 108(4) and Schedule 2;
b
in the M84Education Act 1944, section 40;
c
in the M85Children Act 1948, section 4B;
d
in the M86Adoption Act 1958, sections 43, 47 and 48;
e
in the M87Children and Young Persons Act 1963, sections 3, 18, 23, 26, 28, 29 and 57;
f
in the M88Administration of Justice Act 1964, section 12;
g
in the 1969 Act, sections 1 to 3, 7, 10, 15, 16, 20A to 22 and 70(1) and Schedule 4;
h
in the M89Criminal Justice Act 1972, section 51(1);
i
in the 1973 Act, section 46;
j
in the M90Adoption Act 1976, sections 34 and 37;
k
in the 1979 Act, sections 35(3), 37(1), 38(2) and 58(1) and (5);
l
in the M91Child Care Act 1980, sections 5 to 7, 12C to 12E, 21A, 67 and 79(2);
m
in the M92Foster Children Act 1980, sections 11(1), 12(1) and 14;
n
in the 1980 Act, sections 12(1), 29, 104 and 146;
o
in the 1982 Act, section 16(2) and in Schedule 3, the entry relating to section 49(2) of the 1933 Act;
p
in the M93Administration of Justice Act 1985, section 61;
q
in the M94Legal Aid Act 1988, sections 3(4), 19(3) and (5), 27(3) and (4) 28(3) and (7), 30(2) and in Schedule 3, paragraphs 9 and 10; and
r
in the M95Children Act 1989, section 90(1) and Schedule 14.
References to juvenile court panels
I15641
1
Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”.
2
The enactments referred to in sub-paragraph (1) above are as follows—
a
in the 1933 Act, Schedule 2;
b
in the 1973 Act, in Schedule 3, paragraph 2(3);
c
in the 1979 Act, section 35(3);
d
in the M96Child Care Act 1980, section 12E(5); and
e
in the 1980 Act, section 146.
SCHEDULE 12 Transitional Provisions and Savings
Custodial and community sentences
I1571
Each of sections 1 to 13 of this Act shall apply in relation to offenders convicted (but not sentenced) before the commencement of that section as it applies in relation to offenders convicted after that commencement.
I1582
Neither subsection (2) of section 8 of this Act, nor the repeal by this Act of section 13 of the 1973 Act, shall affect the operation of section 13 in relation to persons placed on probation before the commencement of that subsection or, as the case may be, that repeal.
I1593
An establishment which immediately before the commencement of Part II of Schedule 1 to this Act is a day centre within the meaning of section 4B of the 1973 Act shall be treated as if, immediately after that commencement, it had been approved by the Secretary of State as a probation centre within the meaning of paragraph 3(7) of Schedule 1A to that Act.
I1604
Paragraph 6 of Schedule 11 to this Act shall apply in relation to offenders convicted (but not sentenced) before the commencement of that paragraph as it applies to offenders convicted after that commencement.
Community orders: supplemental
I1615
1
Paragraphs 3 and 4 of Schedule 2 to this Act shall apply in relation to pre-existing failures to comply with the requirements of probation orders or community service orders as if, in sub-paragraph (1)(a), for “£1,000” there were substituted “£400”.
2
In this paragraph “pre-existing”, in relation to either of those paragraphs, means occurring before the commencement of that paragraph.
Financial penalties
I1626
None of sections 17 to 20 of this Act shall apply in relation to offences committed before the commencement of that section.
F176A
Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section.
Increase of certain penalties
7
Neither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.
Early release: general
I163C438
1
In this paragraph and paragraphs 9 to 11 below—
“existing licensee” means any person who, before the commencement of Part II of this Act, has been released on licence under section 60 of the 1967 Act and whose licence under that section is in force at that commencement;
“existing prisoner” means any person who, at that commencement, is serving a custodial sentence;
and sub-paragraphs (2) to (7) below shall have effect subject to those paragraphs.
2
Subject to sub-paragraphs (3) to (7) below, Part II of this Act shall apply in relation to an existing licensee as it applies in relation to a person who is released on licence under that Part; and in its application to an existing prisoner, or to an existing licensee who is recalled under section 39 of this Act, that Part shall apply with the modifications made by those sub-paragraphs.
3
Section 40 of this Act shall not apply in relation to an existing prisoner or licensee.
4
In relation to an existing prisoner whose sentence is for a term of twelve months, section 33(1) of this Act shall apply as if that sentence were for a term of less than twelve months.
5
In relation to an existing prisoner or licensee whose sentence is for a term of —
a
more than twelve months; and
b
less than four years or, as the case may require, such other period as may for the time being be referred to in section 33(5) of this Act,
Part II of this Act shall apply as if he were or had been a long-term rather than a short-term prisoner.
6
In relation to an existing prisoner or licensee whose sentence is for a term of more than twelve months—
a
section 35(1) of this Act shall apply as if the reference to one half of his sentence were a reference to one-third of that sentence or six months, whichever is the longer; and
b
sections 33(3) and 37(1) of this Act shall apply as if the reference to three-quarters of his sentence were a reference to two-thirds of that sentence.
7
In relation to an existing prisoner or licensee—
a
whose sentence is for a term of more than twelve months; and
b
whose case falls within such class of cases as the Secretary of State may determine after consultation with the Parole Board,
section 35(1) of this Act shall apply as if the reference to a recommendation by the Board included a reference to a recommendation by a local review committee established under section 59(6) of the 1967 Act.
8
In this paragraph “custodial sentence” means—
a
a sentence of imprisonment;
b
a sentence of detention in a young offender institution;
c
a sentence of detention (whether during Her Majesty’s pleasure, for life or for a determinate term) under section 53 of the 1933 Act; or
d
a sentence of custody for life under section 8 of the 1982 Act.
I1649
1
This paragraph applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if—
a
section 34 of this Act had been in force at the time when he was sentenced; and
b
the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
2
In a case to which this paragraph applies, Part II of this Act except section 35(2) shall apply as if—
a
the existing life prisoner were a discretionary life prisoner for the purposes of that Part; and
b
the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.
3
In this paragraph “existing life prisoner” means a person who, at the commencement of Part II of this Act, is serving one or more of the following sentences, namely—
a
a sentence of life imprisonment;
b
a sentence of detention during her Majesty’s pleasure or for life under section 53 of the 1933 Act; or
c
a sentence of custody for life under section 8 of the 1982 Act.
4
A person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of Part II of this Act unless the requirements of sub-paragraph (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 of this Act shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
I42C710
Prison rules made by virtue of section 42 of this Act may include provision for applying any provisions of Part II of this Act, in relation to any existing prisoner or licensee who has forfeited any remission of his sentence, as if he had been awarded such number of additional days as may be determined by or under the rules.
Early release of young persons detained under 1933 Act
I43C811
In relation to an existing prisoner or licensee whose sentence is a determinate sentence of detention under section 53 of the 1933 Act—
a
Part II of this Act shall apply as if he were or had been a life rather than a long-term or short-term prisoner;
b
section 35(2) of this Act shall apply as if the requirement as to consultation were omitted; and
c
section 37(3) of this Act shall apply as if the reference to his death were a reference to the date on which he would (but for his release) have served the whole of his sentence.
Early release of prisoners serving extended sentences
I44C912
1
In relation to an existing prisoner or licensee on the passing of whose sentence an extended sentence certificate was issued—
a
section 33(3) of this Act shall apply as if the duty to release him unconditionally were a duty to release him on licence; and
b
section 37(1) of this Act shall apply as if the reference to three-quarters of his sentence were a reference to the whole of that sentence.
2
In this paragraph “extended sentence certificate” means a certificate issued under section 28 of the 1973 Act stating that an extended term of imprisonment was imposed on an offender under that section.
Early release of fine defaulters and contemnors
I45C1013
Part II of this Act shall apply in relation to any person who, before the commencement of that Part, has been committed to prison or to be detained under section 9 of the 1982 Act—
a
in default of payment of a sum adjudged to be paid by a conviction; or
b
for contempt of court or any kindred offence,
as it applies in relation to any person who is so committed after that commencement.
Responsibilities of parent or guardian
I16514
None of sections 56 to 58 of this Act shall apply in relation to offences committed before the commencement of that section; and the repeals of subsections (7)(c), (7B) and (7C) of section 7 of the 1969 Act shall not apply in relation to offences committed before the commencement of those repeals.
Remands and committals of children and young persons
I4615
1
In this paragraph—
“section 23” means section 23 of the 1969 Act as substituted by section 60(1) of this Act;
“the modifications” means the modifications of section 23 set out in section 62 of this Act;
“remand or committal” means a remand of a child or young person charged with or convicted of one or more offences, or a committal of a child or young person for trial or sentence.
2
Section 23 as it has effect with the modifications shall not apply in relation to any remand or committal which is in force immediately before the commencement of sections 60 and 62 of this Act.
3
Subject to sub-paragraphs (4) and (5) below, section 23 as it has effect without the modifications shall not apply in relation to any remand or committal which is in force immediately before the day appointed under section 62(1) of this Act.
4
Any person who, in pursuance of any such remand or committal, is held in a remand centre or prison shall be brought before the court which remanded or committed him before the end of the period of 8 days beginning with the day so appointed.
5
Where any person is brought before a court under sub-paragraph (4) above, section 23 as it has effect without the modifications shall apply as if the court were just remanding or committing him as mentioned in subsection (1)(a) of that section.
I4716
1
Subsection (2)(a) of section 60 of this Act shall not apply in any case where proceedings for the offence in question have begun before the commencement of that section.
2
Subject to sub-paragraphs (3) and (4) below, subsection (2)(b) and (c) of that section shall not apply in relation to any committal under section 37 of the 1980 Act which is in force immediately before that commencement.
3
Any person less than 17 years old who, in pursuance of any such committal, is held in a remand centre or prison shall be brought before the court which committed him before the end of the period of 8 days beginning with that commencement.
4
Where any person is brought before a court under sub-paragraph (3) above, section 37 of the 1980 Act shall apply as if the court were just committing him under that section.
Custodial sentences for young offenders
I16617
1
Subject to sub-paragraph (2) below, section 63 of this Act shall apply in relation to young offenders convicted (but not sentenced) before the commencement of that section as it applies in relation to young offenders convicted after that commencement.
2
Subsections (2), (3) and (5) of that section shall not apply in any case where proceedings for the offence in question have begun before that commencement and the offender is aged 17 at the date of his conviction.
3
For the purposes of the provisions substituted by subsection (3)(c) of that section, any sentence of detention in a young offender institution which, at that commencement, is being served by an offender aged 17 shall be disregarded.
I4818
Section 64 of this Act shall not apply in any case where the offence in question was committed before the commencement of that section and the offender is aged 16 at the date of his conviction.
Supervision of young offenders after release
I49C1119
Section 65 of this Act shall not apply in relation to any person under the age of 22 years who, before the commencement of that section, is released from a term of detention in a young offender institution or under section 53 of the 1933 Act; and the repeal by this Act of section 15 of the 1982 Act shall not affect the operation of that section in relation to any such person who is so released.
Supervision orders
I16720
1
In relation to pre-existing failures to comply with the requirements of supervision orders, section 15 of the 1969 Act as substituted by Schedule 7 to this Act shall apply as if—
a
in subsection (3)(a), for “£1,000” there were substituted “£100”;
b
in subsection (5)(b), for “£5,000” there were substituted “£2,000”; and
c
in subsection (5)(c), for “£5,000” there were substituted the words “£2,000 in the case of a person who has attained the age of 18 years and £400 in the case of a person who has not attained that age”.
2
In this paragraph “pre-existing” means occurring before the commencement of section 66 of this Act and that Schedule.
Attendance centre orders
I16821
1
Subsection (2) of section 67 of this Act shall not apply in relation to attendance centre orders made before the commencement of that section.
2
Subsection (4) of that section shall not apply in relation to pre-existing failures to attend in accordance with an attendance centre order or pre-existing breaches of rules made under section 16(3) of the 1982 Act.
3
In this paragraph “pre-existing” means occurring or committed before that commencement.
Provisions for treating persons aged 17 as young persons
I5022
1
Paragraphs 1, 3, 4 and 6 of Schedule 8 shall not apply in any case where proceedings for the offence in question have begun before the commencement of that Schedule.
2
Paragraph 5 of that Schedule shall apply in relation to any sentence imposed on any person who was convicted before that commencement and was aged 17 at the date of his conviction.
Renaming of juvenile courts etc.
23
In relation to any time before the commencement of section 70 of this Act, references in any other provision of this Act, or in any enactment amended by this Act, to youth courts shall be construed as references to juvenile courts.
Supplemental
I5124
For the purposes of this Schedule proceedings for an offence shall be regarded as having begun as follows—
a
in the case of an offence triable only summarily, when a plea is entered;
b
in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;
c
in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.
E9SCHEDULE 13 Repeals
Schedule 13 extends to England and Wales only except as mentioned in s. 102(5) - (8).
Chapter | Short title | Extent of repeal |
|---|---|---|
2 & 3 Vict. c. 47. | The Metropolitan Police Act 1839. | Section 11. |
23 & 24 Geo. 5 c. 12. | The Children and Young Persons Act 1933. | Section 34(1).Section 38(1). |
15 & 16 Geo. 6 & 1 Eliz. 2 c. 52. | The Prison Act 1952. | Section 25. |
3 & 4 Eliz. 2 c. 18. | The Army Act 1955. | In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A). |
3 & 4 Eliz. 2 c. 19. | The Air Force Act 1955. | In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A). |
5 & 6 Eliz. 2 c. 53. | The Naval Discipline Act 1957. | In section 43AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 43AA(1A).Section 60(3A). |
1967 c. 80. | The Criminal Justice Act 1967. | Sections 59 to 64.In section 67(6), the words “remanded or”, in the first place where they occur, and the words “section 23 of the Children and Young Persons Act 1969 or”.Schedule 2. |
1968 c. 19. | The Criminal Appeal Act 1968. | In section 50(1A), the words “a probation order or”. |
1968 c. 49. | The Social Work (Scotland) Act 1968. | In section 72, in subsection (1A), paragraph (a) and the word “and” immediately following that paragraph, and subsection (4). |
1968 c. 64. | The Civil Evidence Act 1968. | In section 11(5)(a), the words “probation or”. |
1969 c. 54. | The Children and Young Persons Act 1969. | In section 3, the words “disregarding section 4 of this Act”, in each place where they occur.Section 4.In section 5, subsections (1) to (7) and, in subsection (9), the definitions of “qualified informant” and “designated”.In section 7, in subsection (7), the words “is found guilty of homicide” and paragraph (c), and subsections (7B) and (7C).Section 8.Section 10(1)(a).In section 12AA, subsections (7), (8) and (12).In section 34(1), in paragraph (a), the word “4,” and paragraph (b).In Schedule 4, paragraphs 2 and 3. |
1971 c. 10. | The Vehicles (Excise) Act 1971. | In section 9(5), the words “placing him on probation or”. |
1971 c. 23. | The Courts Act 1971. | In Schedule 8, in paragraph 57(1)(a), the reference to subsection (2) of section 10. |
1972 c. 19. | The Criminal Justice Act 1972. | Section 35. |
1973 c. 62. | The Powers of Criminal Courts Act 1973. | Sections 5 to 10.Section 13.In section 14, in subsection (1), the words “instead of dealing with him in any other way” and, in subsection (3), the words “(i) or (ii)”.Sections 16 to 17C.Sections 20 and 20A.Sections 28 and 29.In section 30(1), the words “(such as the power to make a probation order)”.In section 42(2)(a), the words from “subject to” to “twelve months)”.Section 45.Section 48.In section 57(1), the definition of “supervising court”.Schedule 1.In Schedule 3, in paragraph 2(2)(a), the word “several”. |
1974 c. 53. | The Rehabilitation of Offenders Act 1974. | In section 1(4), the words “put on probation or”. |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In section 403, the proviso to subsection (4) and, in subsection (6), the words “the proviso to subsection (4) of this section shall not apply, but”.In Schedule 9, paragraph 50. |
1976 c. 63. | The Bail Act 1976. | In Schedule 1, in paragraph 8(1), the words from “or, in the case” to the end. |
1977 c. 45. | The Criminal Law Act 1977. | Section 47.In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 3. |
1980 c. 43. | The Magistrates’ Courts Act 1980. | In section 24(4), the words from “but this subsection” to the end.Section 35.In section 36(2), the words from “but this subsection” to the end.Section 103(3)(a).Section 37(1A).In section 108(1A), the words “ a probation order or”.Section 143(2)(i).In Schedule 3, paragraph 5. |
1982 c. 48. | The Criminal Justice Act 1982. | In section 1, subsections (3) to (4A).In section 1A(3), the words “and section 1B(3) below”.In section 1B, subsections (1) and (3).Section 2.Section 15.Section 17(3).In section 18(6)(b), the words from the beginning to “residence”.Section 33.In section 48, subsections (1)(c) and (2).Section 62.Schedule 5.In Schedule 11, paragraph 6(a)(v).In Schedule 13, Part I.In Schedule 14, paragraphs 23(a), 25 and 32. |
1983 c. 20. | The Mental Health Act 1983. | In section 50(3), the words from “and that period” to the end. |
1984 c.60. | The Police and Criminal Evidence Act 1984. | In section 37, subsections (11) to (14). |
1988 c. 33. | The Criminal Justice Act 1988. | Section 34(1).In section 123, subsections (2) and (3).Section 131(2).In Schedule 8, in paragraph 3(1)(c), the words “1(3) and”.In Schedule 10, in Part II, the words “section 15(1)”, “section 15(1) and (5) and” and “section 15(1)(a) and”, and Part III.In Schedule 15, paragraph 22(1).In Schedule 16, the entry relating to section 41(8) of the Administration of Justice Act 1970. |
1988 c. 38. | The Legal Aid Act 1988. | In section 20(4), the word “or” immediately following paragraph (b). |
1988 c. 53. | The Road Traffic Offenders Act 1988. | In section 46, in subsections (1) and (2), the words “placed on probation or”. |
1989 c. 41. | The Children Act 1989. | In Schedule 12, paragraphs 21 and 24.In Schedule 13, paragraph 53(1). |
1989 c. 42. | The Local Government and Housing Act 1989. | Section 189. |
1991 c. 62. | The Armed Forces Act 1991. | In section 3(1), the words from “and after the words” to the end.In section 5, subsections (2)(b) and (9).In Schedule 2, paragraph 3. |
Nothing in s. 102(4) shall affect the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Armed Forces Act 1991; see s. 102(8).
This Act extends to England and Wales only except as mentioned in s.102(5)-(8)