Criminal Justice Act 1991

Part I U.K. Powers of Courts to deal with Offenders

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)

Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)

Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).

Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)

Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).

Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).

Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)

Custodial sentences E+W

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F4 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F4 S. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F5 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Community sentences E+W

F6 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F6 S. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F7 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 S. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Probation and community service orders E+W

F8 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F9 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F10 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 11 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Curfew orders E+W

F12 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F13 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Orders: supplemental U.K.

F14 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F15 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

16 Reciprocal enforcement of certain orders. U.K.

Schedule 3 to this Act shall have effect for making provision for and in connection with—

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the making and amendment in Scotland or Northern Ireland of [F17 certain] orders relating to persons residing in England and Wales.

Textual Amendments

F16 S. 16(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F17 Word in s. 16(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 134

Commencement Information

I1 S. 16 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Financial penalties E+W+S

17 Increase of certain maxima. E+W+S

(1) In section 37 (standard scale of fines) of the M1 Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the M2 Criminal 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 M3 Magistrates’ 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) F18 . . ., for “£400” there shall be substituted “£1,000”;

(b) in section 24(4) (maximum fine on summary conviction of child for indictable offence) F18 . . ., 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) F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 S. 17 extends to England and Wales; s. 17(1)(2) also extend to Scotland see s. 102(4)(5)

Textual Amendments

F18 S. 17(2)(a)(b) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F19 S. 17(3)(e) repealed (20.9.1993) by 1993 c. 36, ss. 65(3), 79(14), Sch. 3 para. 1(1), Sch. 6 Pt. I; S.I. 1993/1968, art. 2(2), Sch. 2, Appendix.

Modifications etc. (not altering text)

C2 S. 17(1)(2) restricted (S.) (1.9.1992) by S.I. 1992/333, art. 4A (as inserted by S.I. 1992/2118, art. 4)

Commencement Information

I2 S. 17 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2)

Marginal Citations

M1 1982 c. 48.

M2 1975 c. 21.

M3 1980 c. 43.

F20 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 18 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F21 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 19 repealed (20.9.1993) by 1993 c. 36, ss. 65(2)(4), 79(14), Sch. 6 Pt.1; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.

F22 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[F23 20A False statements as to financial circumstances. E+W

(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 [F24 justices’ chief executive for]] 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.

Textual Amendments

F23 S. 20A inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 43; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F24 Words in s. 20A(2) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 165 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

Financial penalties: supplemental E+W+S

F25 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F26 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 S. 22 repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 4, Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.

23 Default in other cases. E+W+S

(1) In the [F27 Table in] 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 M4 Criminal 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 M5 Administration 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.

Extent Information

E2 S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).

Textual Amendments

F27 Words in s. 23(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 135

Commencement Information

I3 S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M4 1975 c. 21.

M5 1970 c. 31.

24 Recovery of fines etc. by deductions from income support. E+W+S

(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 [F28 or a jobseeker’s allowance]—

(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 [F29 that benefit], 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 [F30 appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act];

(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 [F31 or a jobseeker’s allowance]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 [F32 section 140 of the Powers of Criminal Courts (Sentencing) Act 2000], 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 M6 Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

[F33 (c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section [F34 section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995] (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).]

(4) In this section—

• “fine” includes—

(a) a penalty imposed under [F35 section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M7 Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);

(b) an amount ordered to be paid, in addition to any penalty so imposed, under [F35 section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);

(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M8 Administration 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 M9 Social Security Act 1986, either alone or together with any F36 . . . [F37 incapacity] benefit, [F38 or retirement pension]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 [F39 section 211(4) of the Criminal Procedure (Scotland) Act 1995], 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 [F40 section 252 of the Criminal Procedure (Scotland) Act 1995], as having been so made.”

Textual Amendments

F28 Words in s. 24(1) inserted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.

F29 Words in s. 24(1)(a) substituted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.

F30 Words in s. 24(2)(b) substituted (18.10.1998 for specified provisions, 29.11.1999 for further specified provisions, otherwise prosp.) by 1998 c. 14, s. 86(1), Sch.7 para. 55; S.I. 1999/2860, art. 2, Sch. 1 (with art. 5 and subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)

F31 Words in s. 24(2)(d) inserted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.

F32 Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 136

F33 S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1

F34 Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)

F35 Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))

F36 Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2

F37 Word in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para. 55; S.I. 1994/2926, art. 2, Sch. Pt. IV

F38 Words in definition of “income support” in s. 24(4) substituted (6.4.2001) by 1999 c. 30, s. 70, Sch. 8 Pt. III para. 27; S.I. 2000/2958, art. 2(6)(b) (subject to arts. 3, 4)

F39 S. 24(5)(a): words in subsecton (3)(a) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)

F40 S. 24(5)(b): words in subsecton (3)(b) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)

Commencement Information

I4 S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M6 1970 c. 31.

M7 1979 c. 2.

M8 1970 c. 31.

M9 1986 c. 50.

Miscellaneous E+W+S

F41 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F41 S. 25 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

26 Alteration of certain penalties. E+W+S

(1) In section 7 of the M10 Theft 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.”

F42 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 51(4) of the M11 Criminal 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.

Extent Information

E3 S. 26 extends to England and Wales; s. 26(3)(4) also extend to Scotland see s. 102(4)(5)

Textual Amendments

F42 S. 26(3) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.

Commencement Information

I5 S. 26 wholly in force; s. 26(3) in force (E.W.) at 25.10.1991, s. 26(4)(5) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2)(3)(4), Schs. 2, 3; s. 26(3) in force (S.) at 9.12.1991 see s. 102(2)(3) and S.I. 1991/2706, art. 2(1)(2); s. 26 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

Marginal Citations

M10 1968 c. 60.

M11 1977 c. 45.

27 Treatment of offenders under 1983 Act. E+W

(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”.

Commencement Information

I6 S. 27 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Supplemental E+W

F43 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F43 S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F44 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F44 S. 29 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

30 Rules, regulations and orders. E+W

(1) Any power of the Secretary of State F45 . . . 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 F46 . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F45 Words in s. 30(1) repealed (20.9.1993) by 1993 c. 36, s. 79(14), Sch. 6 Pt. I; S.I. 1993/1968, art. 2(2), Sch. 2, Appendix.

F46 Words in s. 30(2) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I7 S. 30 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

F47 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F47 S. 31 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Part II E+W Early Release of Prisoners

Modifications etc. (not altering text)

C3 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

Commencement Information

I8 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)).

Preliminary E+W

32 The Parole Board. E+W

[F48 (1) The Parole Board shall be, by that name, a body corporate and as such shall .

[F49 (a) be constituted in accordance with this Part; and

(b) have [F50 the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter]].]

(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 [F50 this Part or Chapter II] 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 [F50 this Part or Chapter II] 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 [F50 this Part or Chapter II]; 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.

Textual Amendments

F48 S. 32(1) substituted (1.7.1996) by 1994 c. 33, s. 149; S.I. 1996/1608, art. 2( S.I. 1996/1530 having been revoked by S.I. 1996/1608, art. 3).

F49 S. 32(1)(a)(b) substituted for words (1.10.1997 so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2) and otherwise 1.12.1999) by 1997 c. 43, s. 55(2), Sch. 4 para. 15(1)(a); S.I. 1997/2200, art. 2(1)(2)(h); S.I. 1999/3096, art. 2(e).

F50 Words in s. 32(1)(b)(3)(4)(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 79(1), 79(2); S.I. 1998/2327, art.2(1)(y)(2)(y).

Modifications etc. (not altering text)

C4 S. 32 modified (8.9.1997) by S.I. 1997/2200, art. 5(3)(c).

Commencement Information

I9 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.

New arrangements for early release E+W

33 Duty to release short-term and long-term prisoners. E+W

(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

(b) to release him on licence if that sentence is for a term of twelve months or more.

(2) 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 [F51 this Part]; and

(b) has been recalled to prison under section [F51 39(1) or (2)] 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 [F52 on licence].

[F53 (3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of [F54 section 85 of the Powers of Criminal Courts (Sentencing) Act 2000]).]

F55 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F51 Words in s. 33(3)(a)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(1)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(y).

F52 Words in s. 33(3) substituted (30.9.1998) by 1998 c. 37, s 104(1) (with Sch. 9 para. 13); S.I. 1998/2327, art. 2(1)(w).

F53 S. 33(3A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(2); S.I. 1998/2327, art. 2(1)(y)(2)(y).

F54 Words in s. 33(3A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 137

F55 S. 33(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 80(3), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(y)(2)(y)(3)(t).

Modifications etc. (not altering text)

C5 S. 33 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(2), 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).

S. 33 modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(3)(9); S.I. 1998/2327, art. 2(1)(z)

C6 S. 33(1)(b) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).

S. 33(1)(b) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).

C7 S. 33(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).

S. 33(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).

C8 S. 33(3) modified (25.8.2000) by 2000 c. 6, ss. 86(1), 186(1)

Commencement Information

I10 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.

[F56 F56 33A Duty to release prisoners: special cases. E+W

(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.]

Textual Amendments

F56 S. 33A inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.81; S.I. 1998/2327, art.2(1)(y)(2)(y).

Modifications etc. (not altering text)

C9 S. 33A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(4)(9); S.I. 1998/2327, art.2(1)(z).

S. 33A modified by S.I. 1998/2327, art. 5(3)(c).

F57 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F57 S. 34 repealed (1.10.1997) by 1997 c. 43, s. 56(2), Sch.6; S.I. 1997/2200, art. 2(1)(p)(3)(a).

[F58 34A Power to release short-term prisoners on licence. E+W

(1) Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner aged 18 or over 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 [F59 section 85 of the Powers of Criminal Courts (Sentencing) Act 2000]];

(b) the sentence is for an offence under section 1 of the M12 Prisoners (Return to Custody) Act 1995;

(c) the sentence was imposed under [F59 paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000] in a case where the prisoner had failed to comply with a requirement of a curfew order;

(d) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the M13 Mental Health Act 1983;

[F60 (da) the prisoner is subject to the notification requirements of Part I of the M14 Sex Offenders Act 1997;]

(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;

(g) 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 [F59 section 116 of the Powers of Criminal Courts (Sentencing) Act 2000]at 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 eight months, a period equal to one-quarter of the term;

(c) for a term of eight months or more, a period that is 60 days less than one-half 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.

Textual Amendments

F58 S. 34A inserted (28.01.1999) by 1998 c. 37, s. 99 (with Sch. 9 para. 10); S.I. 1998/3263, art. 3.

F59 Words in s. 34A(2)(a)(c)(h) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9

F60 S. 34A(2)(da) inserted (1.3.2001) by 2000 c. 43, s. 65; S.I. 2001/340, art. 2

Modifications etc. (not altering text)

C10 S. 34A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(5)(9); S.I. 1998/2327, art. 2(1)(z).

Marginal Citations

M12 1995 c.16.

M13 1983 c.20.

M14 1997 c. 51.

[F61 35 Power to release long-term and life prisoners. E+W

(1) 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.

F61 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F61 S. 35 repealed (1.10.1997 as regards s. 35(2)(3) otherwiseprosp.) by 1997 c. 43, ss. 56(2), 57(2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I 1997/2200, art. 2(1)(p)(3)(b) (subject to transitional provisions and savings in art. 5) (but by 1998 c. 37, s. 120(2), Sch.10 the entries in the said Sch. 6 of 1997 c. 43 relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S. I. 1998/2327, art.2(1)(aa)(3)(x)).

Modifications etc. (not altering text)

C11 S. 35 modified (1.10.1992) by S.I. 1992/1829, art. 3.

Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), 57(2), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).

S. 35 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), 57(2), Sch. 1 Pt. II paras. 8, 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).

C12 S. 35(1) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).

S. 35(1) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).

S. 35(1) excluded (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(4) (by 1998 c. 37, s. 210(2), Sch. 10 the said Sch. 5 para. 2 was repealed (30.9.1998); S.I. 1998/2327, art. 2(1)(aa)(3)(x)).

Commencement Information

I11 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.

F62 36 Power to release prisoners on compassionate grounds. E+W

[F62 (1) The Secretary of State may at any time release a [F63 short-term or long-term 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 F62 . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.

Textual Amendments

F62 S. 36(1) so far as relating to life prisoners, and words in s. 36(2) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(c) (subject to transitional provisions and savings in art. 5).

F63 Words in s. 36(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.82; S.I. 1998/2327, art.2(1)(y)(2)(y).

Modifications etc. (not altering text)

C13 Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).

S. 36 applied (1.10.1997) by 1997 c. 43, ss. 44, 56(1), Sch. 1 Pt. II paras. 8(2), 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).

Commencement Information

I12 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.

37 Duration and conditions of licences. E+W

(1) Subject to [F64 subsections (1A), (1B) and (2)] below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to F65 . . . 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.

[F66 (1A) Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.]

[F67 (1B) Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

(a) that proportion of his sentence; and

(b) the duration of the curfew condition to which he is or was subject.]

(2) Where a prisoner whose sentence is for a term of less than twelve months is released on licence under [F68 section 34A(3) or 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.

F69 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69 (4) A person subject to a licence [F70 under this Part]] shall comply with such conditions F71 . . . 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.

[F72 (4A) The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

(a) [F73 an officer of a local probation board] appointed for or assigned to the petty sessions area within which the person resides for the time being; or

(b) where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.]

[F74 (5) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except 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.

Textual Amendments

F64 Words in s. 37(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(1)(a); S.I. 1998/2327, art. 2(1)(y)(2)(z).

F65 Words in s. 37(1) repealed (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 83(1)(b), Sch. 10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(b)(d).

F66 S. 37(1A) inserted (30.9.1998) by 1998 c. 37, s. 104(2) (with Sch. 9 para. 13); S.I. 1998/2327, art. 2(1)(w).

F67 S. 37(1B) inserted (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 83(2); S.I. 1998/3263, art. 2(b).

F68 Words in s. 37(2) substituted (1.1.1999) by 1998 c. 37, s. 119, Sch. 8 para. 83(3); S.I. 1998/3263, art. 2(b).

F69 S. 37(3), and s. 37(4) so far as relating to life prisoners repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(d) (subject to transitional provisions and savings in art. 5).

F70 Words in s. 37(4) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(4)(a); S.I. 1998/2327, art. 2(1)(y)(2)(z).

F71 Words in s. 37(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch.8 para. 83(4)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(z)(3)(t).

F72 S. 37(4A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(5); S.I. 1998/2327, art. 2(1)(2)(y)(2)(z).

F73 Words in s. 37(4A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F74 S. 37(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(6); S.I. 1998/2327, art. 2(1)(y)(2)(Z).

Modifications etc. (not altering text)

C14 S. 37 modified (1.10.1992) by S.I. 1992/1829, art. 3.

S. 37 applied (1.10.1997) by 1997 c. 43, ss. 44, 56(1), Sch. 1 Pt. II paras. 8(2)(4), 9(2)(b)(4), Sch. 5 paras. 9(1)(a)(b)(2)(b), 10(1)(b)(c)(2)(b); S.I. 1997/2200, art. 2(1).

Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).

S. 37 modified (19.9.1998) by S.I. 1998/2327, art. 5(3)(d).

C15 S. 37(1)(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200 , art. 2(1)

S. 37(1)(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).

C16 S. 37(1) modified (25.8.2000) by 2000 c. 6, ss. 86(1), 168(1)

C17 S. 37(1) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)

C18 S. 37(4A) modified by S.I. 1998/2327, art. 5(1)(a).

Commencement Information

I13 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.

[F75 F75 37A Curfew condition to be included in licence under section 34A. E+W

(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;

[F76 (7) In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.]]

Textual Amendments

F75 S. 37A inserted (30.9.1998 for certain purposes by S.I. 1998/2327 and 28.1.1999 to the extent that it is not already in force by S.I. 1998/3263) by 1998 c. 37, s. 100(1); S.I. 1998/2327, art. 2(1)(u); S.I. 1998/3263, art. 3.

F76 S. 37A(7) omitted (2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 105; S.I. 2001/2232, art. 2(k)(m)(ii) and repealed (prosp.) by 2000 c. 43, ss. 75, 80(1), Sch. 8

Misbehaviour after release E+W

F77 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F77 S. 38 repealed (1.1.1999) by 1998 c. 37 ss. 103(1)(2), 120(2), Sch.10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(a)(d).

[F78 F78 38A Breach of curfew condition. E+W

(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.]

Textual Amendments

F78 S. 38A inserted (28.1.1999) by 1998 c. 37, s. 100(2); S.I. 1998/3263, art.3.

F79 39 Recall of long-term and life prisoners while on licence. E+W

(1) If recommended to do so by the Board in the case of a [F80 short-term or] long-term F79 . . . 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—

F79 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) recommends in the case of any F79 . . . person,

his immediate release on licence under this section, the Secretary of State shall give effect to the F79 . . . recommendation.

[F81 (5A) In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.]

(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.

Textual Amendments

F79 S. 39(5)(a) and words in s. 39(1)(5)(b) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(3)(e) (subject to transitional provisions and savings in art. 5)

F80 Words in s. 39(1) inserted (1.1.1999) by 1998 c. 37, s. 103(3) (with Sch. 9 para. 12); S.I. 1998/3263, art.2(a).

F81 S. 39(5A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 84; S.I. 1998/2327, art. 2(1)(y)(2)(aa).

Modifications etc. (not altering text)

C19 S. 39 modified (1.10.1992) by S.I. 1992/1829, art. 3.

Ss. 35-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

Ss. 37-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(4), Sch. 5 para. 9(1)(b); S.I. 1997/2200, art. 2(1).

Ss. 37-40 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para.9(4), Sch. 5 para. 10(1)(c); S.I. 1997/2200, art. 2(1).

S. 39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a)(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(a)(b); S.I. 1997/2200, art. 2(1).

Commencement Information

I14 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.

F82 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F82 S. 40 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[F83 40A F83 Release on licence following return to prison. E+W

(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 [F84 section 116 of the Powers of Criminal Courts (Sentencing) Act 2000]]; 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.

Textual Amendments

F83 S. 40A inserted (30.9.1998) by 1998 c. 37, s. 105 (with Sch. 9 para. 14(1)); S.I. 1998/2327, art. 2(1)(w).

F84 Words in s. 40A(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), para. 139

Modifications etc. (not altering text)

C20 S. 40A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(6)(9); S.I. 1998/2327, art. 2(1)(z)

Remand time and additional days E+W

41 Remand time to count towards time served. E+W

(1) This section applies to any person whose sentence falls to be reduced under section 67 of the M15 Criminal 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.

Modifications etc. (not altering text)

C21 Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

S. 41 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).

Commencement Information

I15 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.

Marginal Citations

M15 1967 c. 80.

42 Additional days for disciplinary offences. E+W

(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.

Modifications etc. (not altering text)

C22 Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

Commencement Information

I16 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.

Special cases E+W

43 Young offenders. E+W

(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 [F85 section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000], as it applies to persons serving equivalent sentences of imprisonment.

F86 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in this Part to prisoners F86 . . ., or to prison or imprisonment, shall be construed in accordance with [F87 subsection (1)]. . . 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, [F87 section 37(4A)] above shall have effect as if the reference to supervision by [F88 an officer of a local probation board] included a reference to supervision by a social worker of a local authority social services department.

Textual Amendments

F85 Words in s. 43(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 140

F86 S. 43(2) and words in s. 43(3) repealed (1.10.1997) and the repeal of the words "and 2" in s. 43(3) is expressed to be brought into force (1.10.1997) as regards the words "or 2" by 1997 c. 43, s. 56(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f).

F87 Words in s. 43(3)(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 87(1)(2); S.I. 1998/2327, art. 2(1)(y)(2)(bb).

F88 Words in s. 43(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

Modifications etc. (not altering text)

C23 S. 43 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(b); S.I. 1997/2200, art. 2(1).

Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1)

Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1)

Commencement Information

I17 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.

[F89 [F90 44 Extended sentences for sexual or violent offenders. E+W

(1) This section applies to a prisoner serving an extended sentence within the meaning of [F91 section 85 of the Powers of Criminal (Sentencing) Act 2000].

(2) Subject to the provisions of this section and section 51(2D) below, this Part, except [F91 section] 40A, shall have effect as if the term of the extended sentence did not include the extension period.

(3) Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(4) Where, apart from this subsection, the prisoner would be released unconditionally—

(a) he shall be released on licence; and

(b) the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(5) The extension period shall be taken to begin as follows—

(a) for the purposes of subsection (3) above, on the date given by section 37(1) above;

(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.

(6) Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.

(7) For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.

(8) In this section “extension period” has the same meaning as in [F91 section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.]]]

Textual Amendments

F89 S. 44 substituted (30.9.1998) by 1998 c. 37, s. 59; S.I. 1998/2327, art. 2(1)(n).

F90 S. 44 repealed (as it applies to persons sentenced for sexual offences committed before 30th September 1998) (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F91 Words in s. 44(1)(2)(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 141(1)(2)(3)

Modifications etc. (not altering text)

C24 S. 44 modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(7)(9); S.I. 1998/2327, art. 2(1)(z).

C25 S. 44(3) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)

C26 S. 44(4) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)

[F92 44A Re-release of prisoners serving extended sentences. E+W

(1) This section applies to a prisoner serving an extended sentence within the meaning of [F93 section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000]] 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.

Textual Amendments

F92 S. 44A inserted (30.9.1998) by 1998 c. 37, s. 60; S.I. 1998/2327, art. 2(1)(n).

F93 Words s. 44A(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 142

F94 45 Fine defaulters and contemnors. E+W

(1) Subject to subsection (2) below, this Part ([F95 except sections 33A, 34A [F96 and 35]] above) applies to persons committed to prison or to be detained under [F96 section 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 [F97 subsections (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 [F97 section 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) F98 . . .

(b) any revocation under section [F99 section 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.”

Textual Amendments

F94 Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).

Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

F95 Words in s. 45(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(1); S.I. 1998/2327, art. 2(1)(y)(2)(cc).

F96 Words in s. 45(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 143

F97 Words in s. 45(3) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(2)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(cc).

F98 Words in s. 45(4) repealed (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 88(3)(a), Sch. 10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(b)(d).

F99 Words in s. 45(4) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(3)(b); S.I. 1998/2327, art. 2(1)(y)(2)(cc).

Modifications etc. (not altering text)

C27 S. 45 modified (19.9.1998) by 1998 S.I. 1998/2327, art. 5(3)(e).

C28 S. 45(1) amended (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(8)(9); S.I. 1998/2327, art. 2(1)(z).

Commencement Information

I18 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.

46 Persons liable to removal from the United Kingdom. E+W

(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, [F100 section 37 above shall have effect as if subsection (4A) 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 M16 Immigration 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.

Textual Amendments

F100 Words in s. 46(2) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.89; S.I. 1998/2327, art.2(1)(y)(2)(dd).

Modifications etc. (not altering text)

C29 Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).

Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).

Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).

S. 46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(b); S.I. 1997/2200, art. 2(1).

C30 S. 46(3)(a) extended (2.10.2000) by S.I. 2000/2444, art. 5

Commencement Information

I19 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.

Marginal Citations

M16 1971 c. 77.

Valid from 14/06/2004

46A Early removal of persons liable to removal from United Kingdom E+W

(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.

Valid from 14/06/2004

46B Re-entry into United Kingdom of offender removed early from prison E+W

(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.

47 Persons extradited to the United Kingdom. E+W

(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 M17 Extradition 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 M18 Backing of Warrants (Republic of Ireland) Act 1965;

  (v)

  [F101 in 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;]

• “extradition arrangements” has the meaning given by section 3 of the M19 Extradition Act 1989;

• “designated Commonwealth country” has the meaning given by section 5(1) of that Act.

Textual Amendments

F101 Para. (v) inserted (3.2.1995) in the definition of "extradited to the United Kingdom" in s. 47(4) by 1994 c. 33, s. 168(1), Sch. 9 para. 48(1); S.I. 1995/127, art. 2(1), Sch. 1, Appendix 1.

Modifications etc. (not altering text)

C31 S. 47 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x)) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).

Commencement Information

I20 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.

Marginal Citations

M17 1989 c. 33.

M18 1965 c. 45.

M19 1989 c. 33.

[F102 48 Life prisoners transferred to England and Wales. E+W

(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) an order made by the Secretary of State under section 26 of the M20 Criminal Justice Act 1961 or section 2 of the M21 Colonial Prisoners Removal Act 1884; or

(ii) a warrant issued by the Secretary of State under the M22 Repatriation 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.]

Textual Amendments

F102 S. 48 repealed (1.10.1997) by 1997 c. 43, s. 56(2), 57 (2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(g)(by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 6 the entries relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).

Commencement Information

I21 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.

Marginal Citations

M20 1961 c. 39.

M21 1884 c. 31.

M22 1984 c. 47.

Supplemental E+W

49 Alteration by order of relevant proportions of sentences. E+W

(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.

Commencement Information

I22 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.

50 Transfer by order of certain functions to Board. E+W

(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 [F103 (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).

[F104 (3) In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.]

F105 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F103 Words in s. 50(1) substituted (3.11.1994) by 1994 c. 33, s. 150.

F104 S. 50(3) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.91; S.I. 1998/2327, art.2(1)(y)(2)(ee).

F105 S. 50(4) repealed (3.11.1994) by 1994 c. 33, s. 150, 168(3), Sch. 11.

Commencement Information

I23 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.

51 Interpretation of Part II. E+W

(1) In this Part—

• “the Board” means the Parole Board;

• F106 . . .

• F106 . . .

• “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 [F107 the Powers of Criminal Courts (Sentencing) Act 2000].

[F108 (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 if—

(a) the sentences were passed on the same occasion; or

(b) where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

(2A) Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.

(2B) Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—

(a) nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;

(b) nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;

(c) on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; F109 . . .

F109 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the M23 Crime (Sentences) Act 1997), nothing in this Part shall—

(a) require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or

(b) require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.

(2D) Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of [F110 section 85 of the Powers of Criminal Courts (Sentencing) Act 2000]) included the extension period (within the meaning of that section).]

F111 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F112 (4) Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.]

Textual Amendments

F106 Definitions in s. 51(1) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f) (subject to transitional provisions and savings in art. 5)

F107 S. 51(1): words in definition of

“sexual offence”

and

“violent offence”

substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(2)

F108 S. 51(2)(2A)(2B)(2C)(2D) substituted for s. 51(2) (30.9.1998) by 1998 c. 37, s. 101(1) (with Sch. 9 para. 11); S.I. 1998/2327, art. 2(1)(v)(z).

F109 S. 51(2B)(d) and word “and”immediately preceding it repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F110 Words in s. 51(2D) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(3)

F111 S. 51(3) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f) (subject to transitional provisions and savings in art. 5)

F112 S. 51(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(4)

Commencement Information

I24 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.

Marginal Citations

M23 1997 c.43.

Part III E+W Children and Young Persons

Children’s evidence E+W

52 Competence of children as witnesses. E+W

(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.”

F113 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 S. 52(2) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch. 1, Appendix C.

Commencement Information

I25 S. 52 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

53 Notices of transfer in certain cases involving children. E+W

(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 person charged to be committed 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,

a notice (“notice of transfer”) certifying that opinion may be [F114 given] by or [F114 to] behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

(2) A notice of transfer shall be [F115 given] before the magistrates’ court begins to inquire into the case as examining justices.

(3) On the [F116 giving]of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by [F117 paragraph 2 of Schedule 3 to the Access to Justice Act 1999].

(4) The decision to [F118 give]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.

[F119 (8) This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.]

Textual Amendments

F114 Words in s. 53(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(a); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A.

F115 Words in s. 53(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(b); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A.

F116 Words in s. 53(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(c); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A.

F117 Words in s. 53(3) substituted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 47 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii) (with transitional provisions and savings in Sch. 2 para. 2)

F118 Words in s. 53(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(d); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A.

F119 S. 53(8) inserted (4.1.1998 for certain purposes, otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 93; S.I. 1998/2327, art. 4(2)(c) (subject to art. 3); S.I. 2000/3283, art. 2(c).

Modifications etc. (not altering text)

C32 S. 53(7) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 19(a); S.I. 2008/2504, art. 2(a)

Commencement Information

I26 S. 53 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

54 Video recordings of testimony from child witnesses. E+W

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.”

Commencement Information

I27 S. 54 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

55 Further amendments of enactments relating to children’s evidence. E+W

(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.”

Commencement Information

I28 S. 55 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Responsibilities of parent or guardian E+W

56 Attendance at court of parent or guardian. E+W

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.”

Commencement Information

I29 S. 56 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

F120 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F120 S. 57 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F121 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F121 S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Detention etc. pending trial E+W

59 Detention at a police station. E+W

In section 38 of the M24 Police 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.”

Commencement Information

I30 S. 59 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M24 1984 c. 60.

60 Remands and committals to local authority accommodation. E+W

(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 M25 Children 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.

Commencement Information

I31 S. 60 wholly in force at 1.6.1999; s. 60(3) in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1), Sch. 1; s. 60(1)(2)(a) in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2; s. 60(2)(b)(c) in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.

S. 60(2)(b)(c) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3(which art. 2(5), Sch. 3 was revoked (16.1999) by S.I. 1999/1280, art. 2)

Marginal Citations

M25 1989 c. 41.

61 Provision by local authorities of secure accommodation. E+W

(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); F122 . . .

F122 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F123 or by making arrangements with [F124 persons carrying on an appropriate children’s home for the provision or use 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 [F125 and expressions, other than “local authority”, used in the M26 Children Act 1989 have the same meanings as in that Act.].

Textual Amendments

F122 S. 61(b) and the word “or”immediately preceding it repealed (1.4.2000) by 1998 c. 37, s. 120(1), 121(2), Sch. 10; S.I. 1999/3426, art. 3(c)(v)

F123 Words in s. 61(2) inserted (30.5.1995) by 1994 c. 33, s. 19(3)(a); S.I. 1995/1378, art. 2.

F124 Words in s. 61(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 17; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, arts. 2, 3 (with arts. 3(4)-(10) and subject to transitional provisions in Schs. 1-3)

F125 Words in s. 61(5) inserted (30.5.1995) by 1994 c. 33, s. 19(3)(b); S.I. 1995/1378, art. 2.

Commencement Information

I32 S. 61 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M26 1989 c. 41.

[F126 61A Cost of secure accommodation. E+W

(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.]

Textual Amendments

F126 S. 61A inserted (3.2.1995) by 1994 c. 33, ss.21, 172(2); S.I. 1995/127, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

C33 S. 61A: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(f)

62 F127 Transitory provisions pending provision of secure accommodation. E+W

(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.

Textual Amendments

F127 S. 62 repealed and superseded (1.6.1999) by 1998 c. 37, ss. 98(7), 120(1), Sch. 10; S.I. 1999/1279, art. 2

Young offenders E+W

F128 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F128 S. 63 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F129 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F129 S. 64 repealed (9.1.1995) by 1993 c. 33, s. 168(3), Sch.11; S.I. 1994/3192, art.2, Sch.

65 Supervision of young offenders after release. E+W

(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 [F130 section 91 of the Powers of Criminal Courts (Sentencing) Act 2000], he shall be under the supervision of

[F131 (a) [F132 an officer of a local probation board];

(b) a social worker of a local authority social services department; or

(c) in the case of a person under the age of 18 years on his release, a member of a youth offending team.]

[F133 (1A) Where the supervision is to be provided by [F132 a n officer of a local probation board], [F132 the officer of a local probation board] shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

(1B) Where the supervision is to be provided by—

(a) a social worker of a local authority social services department; 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.

[F134 (5A) 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.]

(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.

[F135 (9) 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.]

Textual Amendments

F130 Words in s. 65(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 145

F131 S. 65(1)(a)(b)(c) substituted for words in s. 65(1) (30.9.1998 for areas specified in S.I. 1998/2327, Sch. 1 and subject to art. 9 of that S.I., otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 94(1); S.I. 1998/2327, arts. 3(1)(b), 9, Sch. 1; S.I. 2000/924, art. 2(c)

F132 Words in s. 65(1)(a)(1A) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(b)(2); S.I. 2001/919, art. 2(f)(i)

F133 S. 65(1A)(1B) inserted (30.9.1998 for areas specified in S.I. 1998/2327, Sch. 1 and subject to art. 9 of that S.I., and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 94(2); S.I. 1998/2327, arts. 3(1)(b), 9, Sch. 1; S.I. 2000/924, art. 2(c)

F134 S. 65(5A)-(5D) inserted (1.2.2001 as regards subsections (5A)(a)(b), and (5C) in so far as it applies to subsections (5A)(a)(b) and 20.6.2001 for sppecified purposes and otherwise 2.7.2001 as regards subsections (5A)(c)(5B)(5D) and (5C) insofar as it applies to (5A)(c)) by 2000 c. 43, s. 63(2); S.I. 2000/3302, art. 3; S.I. 2001/2232, art. 2(h)(i)-(iv)

F135 S. 65(9)(10) inserted (20.6.2001 for specified purposes and otherwise 2.7.2001) by 2000 c. 43, s. 63(3); S.I. 2001/2232, art. 2(h)(v)(vi)

Modifications etc. (not altering text)

C34 S. 65 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1, Pt. II paras. 8(2)(4), 9(2)(4), Sch. 5 paras. 9(1)(a)(b), 10(1)(b)(c); S.I. 1997/2200, art. 2(1).

s. 65 modified (25.8.2000) by 2000 c. 6, ss. 99(2), 168(1)

Commencement Information

I33 S. 65 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

F136 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F136 S. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F137 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F137 S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Miscellaneous E+W

68 Persons aged 17 to be treated as young persons for certain purposes. E+W

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 M27 Rehabilitation 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.

Commencement Information

I34 S. 68 wholly in force (except for specified purposes see S.I. 1992/333, art. 2(4)) at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

Marginal Citations

M27 1974 c. 53.

69 Non-appearance of persons aged 16 or 17: plea of guilty. E+W

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.”

Commencement Information

I35 S. 69 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

70 Renaming of juvenile courts etc. E+W

(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.

Commencement Information

I36 S. 70 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

71 Amendments to service law. E+W

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).

Commencement Information

I37 S. 71 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

72 Repeal of certain provisions not brought in force. E+W

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 M28 Police and Criminal Evidence Act 1984, subsections (11) to (14) (duties of custody officer as respects young persons),

shall cease to have effect.

Commencement Information

I38 S. 72 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.

Marginal Citations

M28 1984 c. 60.

Part IV E+W Provision of Services

Modifications etc. (not altering text)

C35 Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)

Probation services E+W

F138 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F138 S. 73 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F139 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F139 S. 74 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F140 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F140 S. 75 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Court security E+W

76 Provision of court security officers. E+W

(1) In relation to each petty sessions area [F141 outside Greater London], 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 [F142 paying 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 [F142 paying 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.

(3) Before making any determination under subsection (1) or (2) above F143 . . ., the committee shall consult with the [F144 paying authority or authorities].

(4) Where, [F145 any 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 [F146 Lord Chancellor], whose decision shall be binding on the committee and the authority.

[F147 (4A) In relation to each petty sessions area within Greater London, the Greater London Magistrates’ Courts Authority shall from time to time determine—

(a) whether court security officers should be provided; and

(b) if so, how many such officers should be provided.

(4B) As soon as practicable after making a determination under subsection (4A)(b) above, the Greater London Magistrates’ Courts 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.]

F148 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F149 (6) 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 [F150 the Justices of the Peace Act 1997]].

Textual Amendments

F141 Words in s. 76(1) inserted (1.4.2001) by 1999 c. 22, s. 83(3), Sch. 12 para. 7 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (with transitional provisions and savings in Sch. 2 para. 2)

F142 Words in s. 76(1)(b)(2) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(2); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F143 Words in s. 76(3) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. II para. 33(3)(a), Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(u)

F144 Words in s. 76(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(3)(b); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F145 Words in s. 76(4) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(4); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F146 Words in s. 76(4)(5) substituted (1.4.1992) by S.I. 1992/709, art. 2(3), Sch. 1.

F147 S. 76(4A)(4B) inserted (1.4.2001) by 1999 c. 22, s. 83(3), Sch. 12 para. 7 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(i) (with transitional provisions and savings in Sch. 2 para. 2)

F148 S. 76(5) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(6) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(i) (with transitional provisions and savings in Sch. 2 para. 2)

F149 S. 76(6) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(6); S.I. 1995/685, arts. 4(1)(l), 7(2)(i)

F150 Words in s. 76(6) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 29(2)

Modifications etc. (not altering text)

C36 S. 76 amended (temp.)(1.4.1995) by S.I. 1995/685, art. 6(2)(c)

S. 76 modified (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(d)(ii)

C37 Functions of the Secretary of State under s. 76(4)(5) transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 2(1)(c), Sch. 1.

S. 76(3)(4) excluded (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(e)

Commencement Information

I39 S. 76 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

77 Powers and duties of court security officers. E+W

(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, [F151 justices’ chief executive] or justices’ clerk who is exercising any functions in the court-house; and

(b) any officer or staff [F151 of the magistrates’ courts committee authorised by such a justices’ chief executive or clerk] 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).

Textual Amendments

F151 Words in s. 77(5)(a)(b) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 34(a)(b); S.I. 1995/685, arts. 4(1), 7(2)(j)

Commencement Information

I40 S. 77 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

78 Protection of court security officers. E+W

(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.

Commencement Information

I41 S. 77 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

[F152 79 Duties of responsible authorities. E+W

(1) In section 55(2) (duties of local authorities outside Greater London) of the Justices of the M29 Peace 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;”.]

Textual Amendments

F152 S. 79 repealed (1.4.1995 so far as it applies to s. 55(2) of the 1979 Act and otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, arts. 4(n), 8(v)

Commencement Information

I42 S. 79 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

Marginal Citations

M29 1979 c. 55.

Prisoner escorts E+W

80 Arrangements for the provision of prisoner escorts. E+W

(1) The Secretary of State may make arrangements for any of the following functions, namely—

[F153 (a) the delivery of prisoners from one set of relevant premises to another;]

(b) the custody of prisoners held on [F154 the premises of any court] (whether or not they would otherwise be in the custody of the court) and their production before the court;

[F155 (c) the custody of prisoners temporarily held in a prison in the course of delivery 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.

[F156 (1A) In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.]

(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 [F157 a warrant or a hospital order or remand], is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with [F157 the warrant, order or remand] 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.

[F158 (4) In this section—

• “hospital” has the same meaning as in the M30 Mental Health Act 1983;

• “hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the M31 Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M32 Criminal Appeal Act 1968;

• “hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

• “warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.]

Textual Amendments

F153 S. 80(1)(a) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(a).

F154 Words in s. 80(1)(b) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(b).

F155 S. 80(1)(c) substituted (3.11.1994) for s. 80(1)(c)(d) by 1994 c. 33, s. 93(1)(c).

F156 S. 80(1A) inserted (3.11.1994) by 1994 c. 33, s. 93(2).

F157 Words in s. 80(3) substituted (3.11.1994) by 1994 c. 33, s. 93(3).

F158 S. 80(4) inserted (3.11.1994) by 1994 c. 33, s. 93(4).

Modifications etc. (not altering text)

C38 S. 80: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(g)

Commencement Information

I43 S. 80 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

M30 1983 c. 20.

M31 1964 c. 84.

M32 1968 c. 19.

81 Monitoring etc. of prisoner escort arrangements. E+W

(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.

Modifications etc. (not altering text)

C39 S. 81(1)(a)(2): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(b)

Commencement Information

I44 S. 81 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

82 Powers and duties of prisoner custody officers acting in pursuance of such arrangements. E+W

(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.

[F159 (4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

(a) in the case of the Crown Court, under [F160 section 142 of the Powers of Criminal Courts (Sentencing) Act 2000]](power of Court to order search of persons before it); or

(b) in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

(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.

Textual Amendments

F159 S. 82(4) substituted (3.11.1994) by 1994 c. 33, s. 94(1)

F160 Words in s. 82(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 146

Commencement Information

I45 S. 82 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[83 F161 Breaches of discipline by prisoners under escort. E+W

(1) This section applies 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.

(2) For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed 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 during the period for which the prisoner custody officer was so responsible.

(3) In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

(4) Nothing in this section 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.

(5) In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.]

Textual Amendments

F161 S. 83 substituted (3.11.1994) by 1994 c. 33, s.95.

Contracted out prisons E+W

[84 F162 Contracting out prisons etc. E+W

(1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

(2) While a contract under this section for the running of a prison or part of a prison is in force—

(a) the prison or part 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; and

(b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3) Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a) Part II of the M33 Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the M34 Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c) section 19(1), (2) and (3) of the M35 Landlord and Tenant Act 1927 and the M36 Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d) the M37 Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4) In this Part—

• “contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

• “the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

• “sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.]

Textual Amendments

F162 S. 84 substituted (3.11.1994) by 1994 c. 33, s.96.

Marginal Citations

M33 1954 c. 56.

M34 1925 c. 20.

M35 1927 c. 36

M36 1988 c. 26.

M37 1986 c. 5.

85 Officers of contracted out prisons. E+W

(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 [F163 or a prison officer who is temporarily attached to the prison].

(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 [F164 or prison officers who are temporarily attached to the prison].

(5) [F165 The contractor and any sub-contractor of his shall each]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.

Textual Amendments

F163 Words in s. 85(1) inserted (3.11.1994) by 1994 c. 33, s. 97(1).

F164 Words in s. 85(4)(b) inserted (3.11.1994) by 1994 c. 33, s. 97(2).

F165 Words in s. 85(5) substituted (3.11.1994) by 1994 c. 33, s. 101(1).

Commencement Information

I46 S. 85 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

86 Powers and duties of prisoner custody officers employed at contracted out prisons. E+W

(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.

Commencement Information

I47 S. 86 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Valid from 01/11/2007

[F166 86A Power of prisoner custody officers to detain suspected offenders E+W

(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).

(2) 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.

(4) 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.]

Textual Amendments

F166 S. 86(A) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(1), 41(1); S.I. 2007/3001, art. 2(1)(b)

Modifications etc. (not altering text)

C40 S. 86A(2) modified (temp.) (1.11.2007) by The Offender Management Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007 (S.I. 2007/3001), art. 2(2)

C41 S. 86A(4) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 19(b); S.I. 2008/2504, art. 2(a)

Valid from 01/11/2007

[F167 86B Powers of authorised persons to perform custodial duties E+W

(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

• “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.]

Textual Amendments

F167 S. 86(B) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 18(2), 41(1); S.I. 2007/3001, art. 2(1)(c)

87 Consequential modifications of 1952 Act. E+W

(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.

[F168 (3) Section 8 (powers of prison officers) [F169 and section 8A (powers of search by authorised employees)]] shall not apply in relation to a prisoner custody officer performing custodial duties at the prison.

(4) In sections 10(5), 12(3), 13(1) [F170 16A][F171 16B]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.

[F172 (4A) Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.]

[(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 [F173 or a prison officer who is temporarily attached to 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 [F173 or a prison officer who is temporarily attached to 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.

Textual Amendments

F168 S. 87(3) substituted (3.11.1994) by 1994 c. 33, s. 97(3).

F169 Words in s. 87(3) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 68; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B

F170 Words in s. 87(4) inserted (9.1.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 69; S.I. 1994/3192, art. 2, Sch.

F171 Words in s. 87(4) inserted (21.5.1997) by 1997 c. 38, ss.2, 3(2).

F172 S. 87(4A) inserted (3.11.1994) by 1994 c. 33, s. 97(4).

F173 Words in s. 87(6)(7) inserted (3.11.1994) by 1994 c. 33, s. 97(5).

Modifications etc. (not altering text)

C42 S. 87 has effect (9.7.1992) by S.I. 1992/1656, art. 3 as if s. 87(5) were omitted (which S.I. is revoked (24.2.1993) by S.I. 1993/368, art. 2.)

S. 87 has effect (24.02.1993) by S.I. 1993/368, art. 4 as if subsection (5) were omitted.

Commencement Information

I48 S. 87 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

88 Intervention by the Secretary of State. E+W

(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) [F174 the contractor and any sub-contractor of his shall each] 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, [F175 any sub-contractor of his,]the director and the controller.

Textual Amendments

F174 Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2).

F175 Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3).

Commencement Information

I49 S. 88 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[F176 Contracted out functions] E+W

Textual Amendments

F176 S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

[F177 88A Contracted out functions at directly managed prisons. E+W

(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.]

Textual Amendments

F177 S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

Supplemental E+W

89 Certification of prisoner custody officers E+W

(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 [F178 contracted out or directly managed prison];

• “escort functions” means the functions specified in section 80(1) above.

Textual Amendments

F178 Words in s. 89(3) substituted (3.11.1994) by 1994 c. 33, s. 101(4).

Modifications etc. (not altering text)

C43 S. 89: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)

Commencement Information

I50 S. 89 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

90 Protection of prisoner custody officers. E+W

(1) Any person who assaults a prisoner custody officer

[F179 (a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

(c) performing contracted out functions at a directly managed 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 M38 Firearms 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

[F179 (a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

(c) performing contracted out functions at a directly managed 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).

Textual Amendments

F179 Words in s. 90(1)(3) substituted (3.11.1994) by 1994 c. 33, s. 101(5).

Commencement Information

I51 S. 90 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

M38 1968 c. 27.

91 Wrongful disclosure of information. E+W

(1) A person who

[F180 (a) 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; or

(b) is or has been employed to perform contracted out functions at a directly managed 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.

Textual Amendments

F180 Words in s. 91(1) substituted (3.11.1994) by 1994 c. 33, s. 101(6).

Commencement Information

I52 S. 91 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

92 Interpretation of Part IV. E+W

(1) In this Part [F181 unless the context otherwise requires]—

• “contracted out prison” and “the contractor” have the meanings given by [F182 section 84(4)] above;

• [F183 “contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) 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;

• [F183 “prison officer” means an officer of a directly managed prison;

• “prison rules” means rules made under section 47 of the 1952 Act;]

• [F184 “prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;]

• “prisoner custody officer” has the meaning given by section 89(1) above;

• “prisoner escort arrangements” has the meaning given by section 80(2) above.

• [F183 “sub-contractor” has the meaning given by section 84(4) above.]

[F185 (1A) Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.]

(2) Unless the contrary intention appears, expressions used in sections 76 to 79 above which are also used in [F186 the Justices of the Peace Act 1997] 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 [F187 remanded or committed to local authority accommodation under section 23 of the 1969 Act] 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 [F187 section 80(1)(c) or (e) or (1A)] above to a prison included a reference to such accommodation.

[F188 (4) In sections 80, 82 and 83 above, “prison”—

(a) so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the M39 Prisons (Scotland) Act 1989; and

(b) so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.]

Textual Amendments

F181 Words in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(a).

F182 Words in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 101(7)(b).

F183 Definitions in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(c)-(e).

F184 Definition in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 93(5).

F185 S. 92(1A) inserted (3.11.1994) by 1994 c. 33, s. 98.

F186 Words in s. 92(2) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 29(3).

F187 Words in s. 92(3) substituted (3.11.1994) by 1994 c. 33, s. 93(6).

F188 S. 92(4) inserted (3.11.1994) by 1994 c. 33, s. 93(7).

Commencement Information

I53 S. 92 partly in force; s. 92(3) not in force; s. 92(1) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 92(2) in force at 1.4.1992 see S.I. 1992/333, art. 2(1), Sch. 1.

S. 92(3) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3.

Marginal Citations

M39 1989 c. 45.

Part V E+W Financial and Other Provisions

Cash limits E+W

93 Cash limits for magistrates’ courts. E+W

F189 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”

F190 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 S. 93(1) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(w)

F190 S. 93(3)(4) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I.

Commencement Information

I54 S. 93 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

F191 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F191 S. 94 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Miscellaneous E+W

95 Information for financial and other purposes. E+W

(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.

Commencement Information

I55 S. 95 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

F192 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F192 S. 96 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F193 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F193 S. 97 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Part VI U.K. Supplemental

98 Expenses etc. under Act. E+W

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 F194 . . .;

(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.

Textual Amendments

F194 Words in s. 98(a) repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Commencement Information

I56 S. 98 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

99 General interpretation. U.K.

(1) In this Act—

• “the 1933 Act” means the M40 Children and Young Persons Act 1933;

• “the 1952 Act” means the M41 Prison Act 1952;

• “the 1967 Act” means the M42 Criminal Justice Act 1967;

• “the 1969 Act” means the M43 Children and Young Persons Act 1969;

• “the 1973 Act” means the M44 Powers of Criminal Courts Act 1973;

• F195 . . .

• “the 1980 Act” means the M45 Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M46 Criminal Justice Act 1982;

• “the 1983 Act” means the M47 Mental Health Act 1983;

• “the 1988 Act” means the M48 Criminal Justice Act 1988;

• “child”, unless the contrary intention appears, means a person under the age of fourteen years;

• [F196 “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

• “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.

• [F197 “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

(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.

Textual Amendments

F195 Definition in s. 99(1) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I.

F196 S. 99(1): definition of

“local probation board”

inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 110; S.I. 2001/919, art. 2(f)(ii)

F197 Definition of “youth offending team” in s. 99(1) inserted (30.9.1998 for areas specified in S.I. 1998/2327, art. 3(1), Sch. 1 and subject to art. 9 of that S.I., otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 95; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)

Commencement Information

I57 S. 99 wholly in force; s. 99(1) (save for the definitions of "child" and "young person") in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 99 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch . 2.

Marginal Citations

M40 1933 c. 12.

M41 1952 c. 52.

M42 1967 c. 80.

M43 1969 c. 54.

M44 1973 c. 62.

M45 1980 c. 43.

M46 1982 c. 48.

M47 1983 c. 20.

M48 1988 c. 33.

100 Minor and consequential amendments. U.K.

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).

Commencement Information

I58 S. 100 wholly in force at 1.6.1999; S. 100 in force for certain purposes at 14.10.1991 and for further purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1)(4) and Schs. 1 and 3; s. 100 in force for certain purposes at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1; s. 100 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 100 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.

S. 100 shall come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is revoked (1.6.1999) by S.I. 1999/1280, art. 2)

101 Transitional provisions, savings and repeals. U.K.

(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 M49 Interpretation 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.

Commencement Information

I59 S. 101 partly in force; s. 101(1) in force for certain purposes 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 101(1) in force for certain purposes at 25.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2) and Sch. 2; s. 101(2) in force for certain purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 101 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 101 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.

S. 101 to come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is repealed (1.6.1999) by S.I. 1999/1280, art. 2)

Marginal Citations

M49 1978 c. 30.

102 Short title, commencement and extent. U.K.

(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, F198 . . . and, so far as relating to the M50 Social Work (Scotland) Act 1968, Schedule 13,

also extend to Scotland; and section 23(2) above and, in so far as relating to the M51 Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

(6) This section, section 16 above, Schedule 3 to this Act, F199 . . . and, so far as relating to the M52 Social 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.

[F200 (7A) Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.]

(8) Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the M53 Army Act 1955, the M54 Air Force Act 1955, the M55 Naval Discipline Act 1957 or the M56 Armed Forces Act 1991.

Subordinate Legislation Made

P1 S. 102(2)(3) power exercised by S.I. 1991/2208

S. 102(2)(3) power exercised by S.I. 1991/2706

P2 S. 102(2)(3) power exercised (21.2.1992): different dates appointed for specified provisions by S.I. 1999/333, art. 2(1)(2) (as amended by S.I. 1999/2118)

S. 102(2)(3) power partly exercised (11.12.1994): 9.1.1995 appointed day by 1994/3191

P3 S. 102(2) power partly exercised (4.5.1999): 1.6.1999 appointed for specific provisions by S.I. 1999/1280, art. 3, Sch.

Textual Amendments

F198 Words in s. 102(5)(c) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F199 Words in s. 102(6) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F200 S. 102(7A) inserted (3.11.1994) by 1994 c. 33, s. 101(8).

Commencement Information

I60 S. 102 so far as not in force wholly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1

Marginal Citations

M50 1968 c. 49.

M51 1975 c. 21.

M52 1968 c. 49.

M53 1955 c. 18.

M54 1955 c. 19.

M55 1957 c. 53.

M56 1991 c. 62.