Criminal Justice Act 1991
Part I Powers of Courts to deal with Offenders
Custodial sentences
1 Restrictions on imposing custodial sentences.
2 Length of custodial sentences.
3 Procedural requirements for custodial sentences.
4 Additional requirements in the case of mentally disordered offenders.
5 Suspended and extended sentences of imprisonment.
Community sentences
6 Restrictions on imposing community sentences.
7 Procedural requirements for community sentences.
Probation and community service orders
8 Probation orders.
9 Additional requirements which may be included in such orders.
10 Community service orders.
11 Orders combining probation and community service.
Curfew orders
12 Curfew orders.
13 Electronic monitoring of curfew orders.
Orders: supplemental
14 Enforcement etc. of community orders.
15 Regulation of community orders.
16 Reciprocal enforcement of certain orders.
Financial penalties
17 Increase of certain maxima.
18 Fixing of certain fines by reference to units.
19 Fixing of fines in other cases.
20 Statements as to offenders’ means.
20AFalse statements as to financial circumstances.
Financial penalties: supplemental
21 Remission of fines fixed under section 18.
22 Default in paying fines fixed under that section.
23 Default in other cases.
24 Recovery of fines etc. by deductions from universal credit and income support.
Miscellaneous
25 Committals for sentence.
26 Alteration of certain penalties.
27 Treatment of offenders under 1983 Act.
Supplemental
28 Savings for mitigation and mentally disordered offenders.
29 Effect of previous convictions etc.
30 Rules, regulations and orders.
31 Interpretation of Part I.
Part II Early Release of Prisoners
Preliminary
32 The Parole Board.
New arrangements for early release
33 Duty to release short-term and long-term prisoners.
33A Duty to release prisoners: special cases.
34 Duty to release discretionary life prisoners.
34A Power to release short-term prisoners on licence.
35 Power to release long-term and life prisoners.
36 Power to release prisoners on compassionate grounds.
37Duration and conditions of licences.
37A Curfew condition to be included in licence under section 34A.
Misbehaviour after release
38 Breach of licence conditions by short-term prisoners.
38A Breach of curfew condition.
39 Recall of long-term and life prisoners while on licence.
40 Convictions during currency of original sentences.
40A Release on licence following return to prison.
Remand time and additional days
41 Remand time to count towards time served.
42 Additional days for disciplinary offences.
Special cases
43 Young offenders.
44 Extended sentences for sexual or violent offenders.
44A Re-release of prisoners serving extended sentences.
45 Fine defaulters and contemnors.
46 Persons liable to removal from the United Kingdom.
46AEarly removal of persons liable to removal from United Kingdom
46BRe-entry into United Kingdom of offender removed early from prison
47 Persons extradited to the United Kingdom.
48Life prisoners transferred to England and Wales.
Supplemental
49 Alteration by order of relevant proportions of sentences.
50 Transfer by order of certain functions to Board.
51 Interpretation of Part II.
Part III Children and Young Persons
Children’s evidence
52 Competence of children as witnesses.
53 Notices of transfer in certain cases involving children.
54 Video recordings of testimony from child witnesses.
55 Further amendments of enactments relating to children’s evidence.
Responsibilities of parent or guardian
56 Attendance at court of parent or guardian.
57 Responsibility of parent or guardian for financial penalties.
58 Binding over of parent or guardian.
Detention etc. pending trial
59 Detention at a police station.
60 Remands and committals to local authority accommodation.
61 Provision by local authorities of secure accommodation.
61A Cost of secure accommodation.
62 Transitory provisions pending provision of secure accommodation.
Young offenders
63 Custodial sentences under 1982 Act.
64 Custodial sentences under 1933 Act.
65 Supervision of young offenders after release.
66 Supervision orders.
67 Attendance centre orders.
Miscellaneous
68 Persons aged 17 to be treated as young persons for certain purposes.
69 Non-appearance of persons aged 16 or 17: plea of guilty.
70 Renaming of juvenile courts etc.
71 Amendments to service law.
72 Repeal of certain provisions not brought in force.
Part IV Provision of Services
Probation services
73 Inspectors of probation.
74 Default power where probation committee fails to discharge statutory duty.
75 The inner London probation area.
Court security
76 Provision of court security officers.
77 Powers and duties of court security officers.
78 Protection of court security officers.
79 Duties of responsible authorities.
Prisoner escorts
80 Arrangements for the provision of prisoner escorts.
81 Monitoring etc. of prisoner escort arrangements.
82 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
83Breaches of discipline by prisoners under escort.
Contracted out prisons
84Contracting out prisons etc.
85 Officers of contracted out prisons.
86 Powers and duties of prisoner custody officers employed at contracted out prisons.
86APower of prisoner custody officers to detain suspected offenders
86BPowers of authorised persons to perform custodial duties
87 Consequential modifications of 1952 Act.
88 Intervention by the Secretary of State.
Contracted out functions
88A Contracted out functions at directly managed prisons.
Supplemental
89 Certification of prisoner custody officers
90 Protection of prisoner custody officers.
91 Wrongful disclosure of information.
92 Interpretation of Part IV.
Part V Financial and Other Provisions
Cash limits
93 Cash limits for magistrates’ courts.
94 Cash limits for probation services.
Miscellaneous
95 Information for financial and other purposes.
96 Grants out of money provided by Parliament.
97 Grants by probation committees.
Part VI Supplemental
98 Expenses etc. under Act.
99 General interpretation.
100 Minor and consequential amendments.
101 Transitional provisions, savings and repeals.
102 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Amendments of 1973 Act
Part I Provisions Inserted as Sections 1A to 1C
Discharge Absolute and conditional discharge. (1) Where a court by or before which a person...
Part II Provisions Inserted as Schedule 1A
Schedule 1A Additional Requirements in Probation Orders Requirements as to...
SCHEDULE 2 Enforcement etc. of Community Orders
Part I Preliminary
1(1) In this Schedule “relevant order” means any of the...
Part II Breach of Requirement of Order
Issue of summons or warrant
2(1) If at any time while a relevant order is...
Powers of magistrates’ court
3(1) If it is proved to the satisfaction of a...
Powers of Crown Court
4(1) Where under paragraph 2 or by virtue of paragraph...
Exclusions
5(1) Without prejudice to paragraphs 7 and 8 below, an...
Supplemental
6(1) Any exercise by a court of its powers under...
6A(1) Where a relevant order was made by a magistrates’...
Part III Revocation of Order
Revocation of order with or without re-sentencing
7(1) This paragraph applies where a relevant order made by...
8(1) This paragraph applies where— (a) a relevant order made...
8A(1) This paragraph applies where a probation order is in...
Revocation of order following custodial sentence
9(1) This paragraph applies where— (a) an offender in respect...
10Where by virtue of paragraph 9(2)(b) above an offender is...
Supplemental
11(1) On the making under this Part of this Schedule...
11AParagraph 6A above shall apply for the purposes of paragraphs...
11BWhere under this Part of this Schedule a relevant order...
Part IV Amendment of Order
Amendment by reason of change of residence
12(1) This paragraph applies where, at any time while a...
Amendment of requirements of probation or curfew order
13(1) Without prejudice to the provisions of paragraph 12 above,...
Amendment of certain requirements of probation order
14(1) Where the medical practitioner or other person by whom...
Amendment of drug treatment and testing order
14A(1) Without prejudice to the provisions of section 63(2), (7)...
Extension of community service order
15Where— (a) a community service order is in force in...
Supplemental
16No order may be made under paragraph 12 above, and...
17(1) Subject to sub-paragraph (2) below, where a court proposes...
18(1) On the making under this Part of this Schedule...
SCHEDULE 3 Reciprocal Enforcement of Certain Orders
Part I Transfer of Community Orders to Scotland or Northern Ireland
Probation orders: Scotland
1(1) Where a court considering the making of a probation...
Probation orders: Northern Ireland
2(1) Where a court considering the making of a probation...
Community service orders: Scotland
3(1) Where a court considering the making of a community...
Community service orders: Northern Ireland
4(1) Where a court considering the making of a community...
Combination orders: Scotland
5Paragraphs 1 and 3 above shall apply in relation to...
General
6(1) Where a community order is made or amended in...
Part II Transfer of Corresponding Orders from Scotland
Probation orders
7(1) The Criminal Procedure (Scotland) Act 1975 shall be amended...
Community service orders
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision requirements
9Section 72 of the Social Work (Scotland) Act 1968 (supervision...
Part III Transfer of Probation Orders from Northern Ireland
10(1) Where ... a court in Northern Ireland considering the...
11(1) Where a probation order is made or amended in...
SCHEDULE 4 Increase of Certain Maxima
Part I Substitution of Other Amounts
Part II Substitution of Levels on Standard Scale
Part III Substitution of Statutory Maximum
Part IV Provisions Substituted for Schedule 6A to 1980 Act
Schedule 6A Fines that may be Altered under Section 143...
Part V Other Amendments
1In section 27 of the 1973 Act (breach of requirement...
2In section 97 of the 1980 Act (maximum fine for...
3In section 12 of the Contempt of Court Act 1981...
4In section 14 of that Act (maximum fine for contempt...
SCHEDULE 5 The Parole Board
Status and capacity
1(1) The Board shall not be regarded as the servant...
Membership
2(1) The Board shall consist of a chairman and not...
Payments to members
3(1) The Board may pay to each member such remuneration...
Proceedings
4(1) Subject to the provisions of section 32(5) of this...
Staff
5(1) The Board may appoint such number of employees as...
Reports
6(1) Employment with the Board shall be included among the...
Financial provisions
7(1) The Secretary of State shall pay to the Board—...
Authentication of Board’s seal
8The application of the seal of the Board shall be...
Presumption of authenticity of documents issued by Board
9Any document purporting to be an instrument issued by the...
Accounts and audit
10(1) It shall be the duty of the Board—
Reports
11The Board shall as soon as practicable after the end...
SCHEDULE 6 Notices of Transfer: Procedure in lieu of Committal
Contents of notice of transfer
1(1) A notice of transfer shall specify the proposed place...
Remand
2(1) If a magistrates’ court has remanded in custody a...
Witnesses
3For the purposes of the Criminal Procedure (Attendance of Witnesses)...
Regulations
4(1) The Attorney General— (a) shall by regulations make provision...
Applications for dismissal
5(1) Where a notice of transfer has been given, any...
Reporting restrictions
6(1) Except as provided by this paragraph, it shall not...
Avoidance of delay
7(1) Where a notice of transfer has been given in...
Procedures for indictment of offenders
8(1) In subsection (2) of section 2 of the Administration...
Legal aid
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7
SCHEDULE 8 Amendments for Treating Persons Aged 17 as Young Persons
Children and Young Persons Act 1933 (c.12)
1(1) Section 31 of the 1933 Act shall be renumbered...
Prison Act 1952 (c.52)
2In section 43(3) of the 1952 Act (remand centres, young...
Children and Young Persons Act 1963 (c.37)
3In section 29(1) of the Children and Young Persons Act...
Children and Young Persons Act 1969 (c.54)
4(1) Section 29 of the 1969 Act shall be renumbered...
Rehabilitation of Offenders Act 1974 (c.53)
5In section 5(2) of the Rehabilitation of Offenders Act 1974...
Magistrates’ Courts Act 1980 (c.43)
6(1) Part I of the 1980 Act (criminal jurisdiction and...
SCHEDULE 9 Amendments to Service Law
Army Act 1955 (c.18) and Air Force Act 1955 (c.19)
1In section 71A of the Army Act 1955 and the...
2In section 71AA of those Acts (young service offenders: custodial...
3For subsection (2) of section 93 of those Acts (evidence...
4In paragraph 10 of Schedule 5A to those Acts (civilian...
Naval Discipline Act 1957 (c.53)
5In section 43A of the Naval Discipline Act 1957 (life...
6In section 43AA of that Act (young service offenders: custodial...
7For subsections (2) and (3) of section 60 of that...
8In paragraph 10 of Schedule 4A to that Act (civilian...
SCHEDULE 10 Certification of Prisoner Custody Officers
Preliminary
1In this Schedule— “certificate” means a certificate under section 89...
Issue of certificates
2(1) Any person may apply to the Secretary of State...
Suspension of certificate
3(1) This paragraph applies where at any time—
Revocation of certificate
4Where at any time it appears to the Secretary of...
False statements
5If any person, for the purpose of obtaining a certificate...
SCHEDULE 11 Minor and Consequential Amendments
Children and Young Persons Act 1933 (c.12)
1In section 38(2) of the 1933 Act (false evidence by...
Criminal Justice Act 1967 (c.80)
2(1) Section 67 of the 1967 Act (remand time to...
Criminal Appeal Act 1968 (c.19)
3In section 10(2) of the Criminal Appeal Act 1968 (appeal...
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Evidence Act 1968 (c.64)
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles (Excise) Act 1971 (c.10)
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts Act 1973 (c.62)
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juries Act 1974 (c.23)
18(1) In Schedule 1 to the Juries Act 1974, Group...
Solicitors Act 1974 (c.47)
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c.53)
20In section 1(4) of the Rehabilitation of Offenders Act 1974...
Bail Act 1976 (c.63)
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22(1) Paragraph 8 of Schedule 1 to that Act (restrictions...
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)
23In section 1(2) of the Licensed Premises (Exclusion of Certain...
Magistrates’ Courts Act 1980 (c.43)
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25In section 20(2)(b) of that Act (procedure where summary trial...
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27(1) In subsection (2) of section 143 of that Act...
28In paragraph 2(2) of Schedule 4 to that Act (maximum...
Contempt of Court Act 1981 (c.49)
29(1) Section 12(2) of the Contempt of Court Act 1981...
Criminal Justice Act 1982 (c.48)
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repatriation of Prisoners Act 1984 (c.47)
35(1) In section 2 of the Repatriation of Prisoners Act...
Prosecution of Offences Act 1985 (c.23)
36In section 22(11) of the Prosecution of Offences Act 1985...
Criminal Justice Act 1988 (c.33)
37In section 34 of the Criminal Justice Act 1988 (abolition...
Road Traffic Offenders Act 1988 (c.53)
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extradition Act 1989 (c.33)
39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to juvenile courts
40(1) Without prejudice to the generality of section 70(2) of...
References to juvenile court panels
41(1) Without prejudice to the generality of section 70(2) of...
SCHEDULE 12 Transitional Provisions and Savings
Custodial and community sentences
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community orders: supplemental
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial penalties
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6ASection 17 of this Act shall not apply in relation...
Increase of certain penalties
7Neither of subsections (3) and (4) of section 26 of...
Early release: general
8(1) In this paragraph and paragraphs 9 to 11 below—...
9(1) This paragraph applies where, in the case of an...
10Prison rules made by virtue of section 42 of this...
Early release of young persons detained under 1933 Act
11In relation to an existing prisoner or licensee whose sentence...
Early release of prisoners serving extended sentences
12(1) In relation to an existing prisoner or licensee on...
Early release of fine defaulters and contemnors
13Part II of this Act shall apply in relation to...
Responsibilities of parent or guardian
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remands and committals of children and young persons
15(1) In this paragraph— “section 23” means section 23 of...
16(1) Subsection (2)(a) of section 60 of this Act shall...
Custodial sentences for young offenders
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18Section 64 of this Act shall not apply in any...
Supervision of young offenders after release
19Section 65 of this Act shall not apply in relation...
Supervision orders
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attendance centre orders
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions for treating persons aged 17 as young persons
22(1) Paragraphs 1, 3, 4 and 6 of Schedule 8...
Renaming of juvenile courts etc.
23In relation to any time before the commencement of section...
Supplemental
24For the purposes of this Schedule proceedings for an offence...
SCHEDULE 13 Repeals

Royal arms

Criminal Justice Act 1991

1991 CHAPTER 53

An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—