Criminal Justice and Public Order Act 1994

A secure training order is an order that the offender in respect of whom it is made shall be subject to a period of detention in a secure training centre followed by a period of supervision.

The period of detention and supervision shall be such as the court determines and specifies in the order, being not less than six months nor more than two years.

The period of detention which the offender is liable to serve under a secure training order shall be one half of the total period specified by the court in making the order.

A secure training order is a custodial sentence for the purposes of sections 1 to 4 of the M4Criminal Justice Act 1991 (restrictions etc. as to custodial sentences).

Where a court makes a secure training order, it shall be its duty to state in open court that it is of the opinion that the conditions specified in subsection (5) above are satisfied.

In this section “imprisonable offence” means an offence (not being one for which the sentence is fixed by law) which is punishable with imprisonment in the case of a person aged 21 or over.

For the purposes of this section, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

The following provisions apply in relation to a person (“the offender”) in respect of whom a secure training order (“the order”) has been made under section 1.

The power conferred by subsection (2)(b) above may, subject to section 1(4), be exercised from time to time and the reference in subsection (2)(b) to the expiry of the period of the committal is, in the case of the initial extension, a reference to the expiry of the period of the committal under subsection (2)(a) above and, in the case of a further extension, a reference to the expiry of the period of the previous committal by virtue of this subsection.

The persons to whom subsections (2)(a)(ii) and (4)(b) apply are local authorities, voluntary organisations and persons carrying on a registered childrens’ home.

Where the Secretary of State is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds he may release the offender from the secure training centre; and the offender shall, on his release, be subject to supervision for the remainder of the term of the order.

A person detained in pursuance of directions or arrangements made for his detention shall be deemed to be in legal custody.

In this section “local authority”, “voluntary organisation” and “registered childrens’ home” have the same meaning as in the M5Children Act 1989.

The following provisions apply as respects the period of supervision of a person (“the offender”) subject to a secure training order.

The offender shall be under the supervision of a probation officer, a social worker of a local authority social services department or such other person as the Secretary of State may designate.

The category of person to supervise the offender shall be determined from time to time by the Secretary of State.

Where the supervision is to be provided by a social worker of a local authority social services department, the social worker shall be a social worker of the local authority within whose area the offender resides for the time being.

Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

The probation committee or local authority shall be entitled to recover from the Secretary of State the expenses reasonably incurred by them in discharging their duty under this section.

The Secretary of State may by statutory instrument make rules for regulating the supervision of the offender.

The power to make rules under subsection (9) above includes power to make provision in the rules by the incorporation by reference of provisions contained in other documents.

A statutory instrument made under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The sums required by the Secretary of State for making payments under subsection (6) shall be defrayed out of money provided by Parliament.

Where a secure training order has been made as respects an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 3(7)(b) the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.

Where accommodation for an offender in relation to whom the court decides to exercise their powers under subsection (3)(a) above is not immediately available, paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2 shall apply in relation to him as they apply in relation to an offender in respect of whom a secure training order is made.

For the purposes of this section references to a failure to comply include references to a contravention.

Section 43 of the M6Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them) shall be amended as follows.

In subsection (5), for the words “such centres” there shall be substituted the words “ centres of the descriptions specified in subsection (4) above ”.

Section 47 of the Prison Act 1952 (rules for the regulation and management of prisons and certain institutions for young offenders) shall be amended as follows.

In subsection (1), for the words between “remand centres” and “respectively”, there shall be substituted the words “ , young offender institutions or secure training centres ”.

In subsection (5), for the words between “remand centre” and “not” there shall be substituted the words “ , young offender institution or secure training centre ”.

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 secure training centre or part of a secure training centre.

While a contract for the running of a secure training centre or part of a secure training centre is in force the centre or part shall be run subject to and in accordance with the M7Prison Act 1952 and in accordance with secure training centre rules subject to such adaptations and modifications as the Secretary of State may specify in relation to contracted out secure training centres.

The director shall have such functions as are conferred on him by the M12Prison Act 1952 as it applies to secure training centres and as may be conferred on him by secure training centre rules.

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 secure training centre or otherwise) to facilitate the exercise by the monitor of all such functions as are mentioned in or imposed by subsection (3) above.

The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

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.

A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers in relation to any person who is in or is seeking to enter the centre (other than a person detained in the centre).

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.

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.

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, any sub-contractor of his, the director and the monitor.

The Secretary of State may enter into a contract with another person for any functions at a directly managed secure training centre to be performed by custody officers who are provided by that person and are authorised to perform custodial duties.

Section 9 shall apply in relation to a custody officer performing contracted out functions at a directly managed secure training centre as it applies in relation to such an officer performing custodial duties at a contracted out secure training centre.

In relation to a directly managed secure training centre, the reference in section 13(2) of the M13Prison Act 1952 (legal custody of prisoners) as it applies to secure training centres to an officer of the prison shall be construed as including a reference to a custody officer performing custodial duties at the secure training centre in pursuance of a contract under this section.

Any reference in subsections (1), (2) and (3) above to the performance of functions or custodial duties at a directly managed secure training centre includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a secure training centre.

The provisions of Schedule 1 to this Act (which make provision for escort arrangements for offenders detained at a secure training centre) shall have effect.

The provisions of Schedule 2 to this Act shall have effect with respect to the certification of custody officers.

For the purposes of this section, a custody officer shall not be regarded as acting in pursuance of 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).

Section 53 of the M14Children and Young Persons Act 1933 (which provides for the long term detention of children and young persons for certain grave crimes) shall be amended as follows.

Section 1B of the M17Criminal Justice Act 1982 (maximum length of detention in young offender institution for offenders aged 15, 16 or 17 years) shall be amended as follows.

In subsection (2)(b), for the words “12 months” there shall be substituted the words “ 24 months ”.

In subsection (4), for the words “12 months” there shall be substituted the words “ 24 months ”.

In subsection (5), for the words “12 months” in both places where they occur there shall be substituted the words “ 24 months ”.

Subsections (6) and (7) of section 12 of the Criminal Justice Act 1982 (which provide for the detention of young offenders sentenced to custody for life in a prison unless the Secretary of State otherwise directs) are hereby repealed.

In section 43(1) of the M18Prison Act 1952 (which relates to the institutions for the detention of young offenders which may be provided by the Secretary of State), in paragraph (aa), at the end, there shall be inserted the words “ or to custody for life ”.

Section 23 of the M19Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended by the insertion, in subsection (12), in the definition of “secure accommodation”, after the words “community home”, of the words “, a voluntary home or a registered children’s home”, and, at the end of that subsection, of the words “but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M20Criminal Justice Act 1991.”.

The Children Act 1989 shall be amended as follows.

In section 34(2) of the M39Criminal Justice Act 1988 (abolition of requirement of corroboration warning in respect of evidence of a child) the words from “in relation to” to the end shall be omitted.

Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by constables; and in subsection (1) above “officially informed” means informed by a constable or any such person.

This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.

In relation to any time before the commencement of section 44 of this Act, this section shall have effect as if the reference in subsection (2)(a) to the grant of an application for dismissal was a reference to the committal of the accused for trial.

Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.

Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question.

This section does not render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a failure to do so.

Where the age of any person is material for the purposes of subsection (1) above, his age shall for those purposes be taken to be that which appears to the court to be his age.

Subsections (1) and (2) above apply to the condition of clothing or footwear as they apply to a substance or mark thereon.

Subsections (1) and (2) above do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.

This section applies in relation to officers of customs and excise as it applies in relation to constables.

This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.

This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.

In relation to any time before the commencement of section 44 of this Act, this section shall have effect as if the reference in subsection (2)(a) to the grant of an application for dismissal was a reference to the committal of the accused for trial.

Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.

This section applies in relation to officers of customs and excise as it applies in relation to constables.

This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.

This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.

In relation to any time before the commencement of section 44 of this Act, this section shall have effect as if the reference in subsection (2)(a) to the grant of an application for dismissal was a reference to the committal of the accused for trial.

In sections 34(2), 35(3), 36(2) and 37(2), references to an offence charged include references to any other offence of which the accused could lawfully be convicted on that charge.

A person shall not have the proceedings against him transferred to the Crown Court for trial, have a case to answer or be convicted of an offence solely on an inference drawn from such a failure or refusal as is mentioned in section 34(2), 35(3), 36(2) or 37(2).

A judge shall not refuse to grant such an application as is mentioned in section 34(2)(b), 36(2)(b) and 37(2)(b) solely on an inference drawn from such a failure as is mentioned in section 34(2), 36(2) or 37(2).

Nothing in sections 34, 35, 36 or 37 prejudices the operation of a provision of any enactment which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

In this subsection, the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.

Nothing in sections 34, 35, 36 or 37 prejudices any power of a court, in any proceedings, to exclude evidence (whether by preventing questions being put or otherwise) at its discretion.

The Secretary of State may by order direct that any provision of sections 34 to 38 of this Act shall apply, subject to such modifications as he may specify, to any proceedings to which this section applies.

An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A person who is on bail in criminal proceedings shall not be qualified to serve as a juror in the Crown Court.

In this section “bail in criminal proceedings” has the same meaning as in the M54Bail Act 1976.

The amendment made by subsection (1) above shall not have effect in relation to a trial where a direction to the jury to consider their verdict has been given before the commencement of this section.

In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage or, in certain circumstances, an offence of aggravated vehicle-taking, is charged and it appears clear to the magistrates’ court that the value involved does not exceed the relevant sum, the court is to proceed as if the offence were triable only summarily) in the second paragraph (which states the relevant sum), for “£2,000” there shall be substituted “ £5,000 ”.

Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.

If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so.

A person does an act “to” another person with the intention of intimidating, or (as the case may be) harming, that other person not only where the act is done in the presence of that other and directed at him directly but also where the act is done to a third person and is intended, in the circumstances, to intimidate or (as the case may be) harm the person at whom the act is directed.

The harm that may be done or threatened may be financial as well as physical (whether to the person or a person’s property) and similarly as respects an intimidatory act which consists of threats.

The intention required by subsection (1)(c) and the motive required by subsection (2)(c) above need not be the only or the predominating intention or motive with which the act is done or, in the case of subsection (2), threatened.

If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.

If, in proceedings against a person for an offence under subsection (2) above, it is proved that he did or threatened to do an act falling within paragraph (a) within the relevant period with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the motive required by paragraph (c) of that subsection.

This section is in addition to, and not in derogation of, any offence subsisting at common law.

Section 9 of the M70Supreme Court Act 1981 (which provides for certain judges to act on request in courts other than that to which they were appointed) shall have effect with the amendments specified in subsections (2) to (5) below.

In subsection (5), for the words “subsection (6)” there shall be substituted the words “ subsections (6) and (6A) ”.

The further amendments specified in subsections (7) to (9) below (which supplement the foregoing amendments) shall have effect.

Subsection (1) above does not have effect in relation to expenses allowed by the Master (Taxing Office) under section 28(2)(a) of the M74Criminal Appeal (Northern Ireland) Act 1980 before the date on which that subsection comes into force.

Section 62 of the M75Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall be amended as follows.

In subsection (3), after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.

Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.

In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.

In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.

Section 64 of the M78Police and Criminal Evidence Act 1984 (which prescribes the situations in which fingerprints and samples must be destroyed) shall be amended as follows.

In subsections (1), (2) and (3), after the words “they must” there shall be inserted the words “ , except as provided in subsection (3A) below, ”.

Section 65 of the Police and Criminal Evidence Act 1984 (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows.

In section 32 of that Act (powers of search upon arrest), in subsection (4), at the end, there shall be inserted “ but they do authorise a search of a person’s mouth ”.

The power conferred by subsection (1) above may be exercised by a chief inspector or an inspector if he reasonably believes that incidents involving serious violence are imminent and no superintendent is available.

If it appears to the officer who gave the authorisation or to a superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any incident falling within the authorisation, he may direct that the authorisation shall continue in being for a further six hours.

A constable may, in the exercise of those powers, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

A person who fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped and similarly as respects a pedestrian who is stopped and searched under this section.

The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.

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

If it appears to F19an officer of or above the rank ofsuperintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any F20activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further F2124 hours.

If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

A constable may, in the exercise of F24the powers conferred by subsection (4) above, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.

If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

Any authorisation under this section shall be in writing signed by the officer giving it and shall specify F26the grounds on which it is given andthe locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped F27. . ..

A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.

For the purposes of this section, a person carries a dangerous instrument or an offensive weapon if he has it in his possession.

The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.

If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises.

In this section “British Transport Police Force” and “policed premises” each has the same meaning as in section 60.

The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.

This section does not extend to Scotland.

Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section.

The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

Regulations under this section may make different provisions for different classes of things or for different circumstances.

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.

Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection.

A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

In this section, “trespasser” and “vehicle” have the same meaning as in section 61.

A direction under subsection (1) may be communicated to the person to whom it applies by any constable at the scene.

The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority’s area.

In this section—

The Secretary of State may by order amend the definition of “relevant site manager” in subsection (6) by adding a person or description of person.

An order under subsection (7) must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.

The relevant period is the period of 3 months starting with the day on which the direction is given.

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

The relevant period is the period of 3 months starting with the day on which the direction is given.

The constable may seize and remove the vehicle.

In their application to common land sections 62A to 62C have effect with these modifications.

In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.

Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section.

“Occupier”, “trespass”, “trespassing” and “trespasser” have the meanings given by section 61 in relation to England and Wales.

“The relevant land” means the land in respect of which a direction under section 62A(1) is given.

“Vehicle” has the meaning given by section 61.

A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere.

A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.

Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.

A direction under subsection (2) above does not apply to an exempt person.

In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

Until 1st April 1996, in this section “local authority” means, in Wales, a district council.

If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below.

A constable who is so authorised to enter land for any purpose may enter the land without a warrant.

Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person.

The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering.

No direction may be given under subsection (1) above to an exempt person.

If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

In this section, “exempt person” has the same meaning as in section 63.

Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property.

The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.

An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.

Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property.

In a case where forfeiture under subsection (1) above has been by order of a Scottish court, a claimant such as is mentioned in subsection (5) above may, in such manner as may be prescribed by act of adjournal, apply to that court for an order for the return of the property in question.

No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property.

No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies.

An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.

The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded.

The regulations may also provide for the investment of money and for the audit of accounts.

The power to make regulations under subsection (10) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Any vehicles which have been seized and removed by a constable under section 62(1) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.

Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.

Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.

Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.

Any charges under subsection (4) above shall be recoverable as a simple contract debt.

Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.

The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Activity on any occasion on the part of a person or persons on land is “lawful” for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.

A person guilty of an offence under this section is 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.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

In this section “lawful activity” and “land” have the same meaning as in section 68.

Section 6 of the M103Criminal Law Act 1977 (which penalises violence by a person for securing entry into premises where a person on the premises is opposed and is known to be opposed to entry) shall be amended as follows.

In subsection (2), at the beginning, there shall be inserted the words “ Subject to subsection (1A) above, ”.

Subsection (3) (which is superseded by the provision made by subsection (2) above) shall be omitted.

In subsection (7), at the end, there shall be inserted the words “ and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises. ”.

This section applies where an interim possession order has been made in respect of any premises and served in accordance with rules of court; and references to “the order” and “the premises” shall be construed accordingly.

Subject to subsection (3), a person who is present on the premises as a trespasser at any time during the currency of the order commits an offence.

A person who was in occupation of the premises at the time of service of the order but leaves them commits an offence if he re-enters the premises as a trespasser or attempts to do so after the expiry of the order but within the period of one year beginning with the day on which it was served.

A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

A person who is in occupation of the premises at the time of service of the order shall be treated for the purposes of this section as being present as a trespasser.

A constable in uniform may arrest without a warrant anyone who is, or whom he reasonably suspects to be, guilty of an offence under this section.

Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them.

A direction under subsection (1) operates to require persons who re-enter the land within the said period with vehicles or other property to leave and remove the vehicles or other property as it operates in relation to the persons and vehicles or other property on the land when the direction was given.

In proceedings for an offence under this section it is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with a vehicle was due to illness, mechanical breakdown or other immediate emergency.

Until 1st April 1996, in this section “local authority” means, in Wales, a county council or a district council.

A magistrates’ court may, on a complaint made by a local authority, if satisfied that persons and vehicles in which they are residing are present on land within that authority’s area in contravention of a direction given under section 77, make an order requiring the removal of any vehicle or other property which is so present on the land and any person residing in it.

The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

A person who wilfully obstructs any person in the exercise of any power conferred on him by an order under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 55(2) of the M110Magistrates’ Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.

Section 77(6) of this Act applies also for the interpretation of this section.

The following provisions apply in relation to the service of notice of a direction under section 77 and of a summons under section 78, referred to in those provisions as a “ relevant document ”.

Where it is impracticable to serve a relevant document on a person named in it, the document shall be treated as duly served on him if a copy of it is fixed in a prominent place to the vehicle concerned; and where a relevant document is directed to the unnamed occupants of vehicles, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every vehicle on the land in question at the time when service is thus effected.

A local authority shall take such steps as may be reasonably practicable to secure that a copy of any relevant document is displayed on the land in question (otherwise than by being fixed to a vehicle) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

Notice of any relevant document shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of such land shall be entitled to appear and to be heard in the proceedings.

Section 77(6) applies also for the interpretation of this section.

Part II of the M111Caravan Sites Act 1968 (duty of local authorities to provide sites for gipsies and control of unauthorised encampments) together with the definition in section 16 of that Act of “gipsies” is hereby repealed.

The repeal by subsection (1) above of section 8 of the said Act of 1968 shall not affect the validity of directions given under subsection (3)(a) of that section; and in the case of directions under subsection (3)(c), the council may elect either to withdraw the application or request the Secretary of State to determine the application and if they so request the application shall be treated as referred to him under section 77 of the M113Town and Country Planning Act 1990.

The repeal by subsection (1) above of the definition of “gipsies” in section 16 of the said Act of 1968 shall not affect the interpretation of that word in the definition of “protected site” in section 5(1) of the M114Mobile Homes Act 1983 or in any document embodying the terms of any planning permission granted under the Town and Country Planning Act 1990 before the commencement of this section.

Section 70 of the M115Local Government, Planning and Land Act 1980 (power to pay grant to local authorities in respect of capital expenditure in providing gipsy caravan sites) is hereby repealed so far as it extends to England and Wales except for the purposes of applications for grant received by the Secretary of State before the commencement of this section.

The M122Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.

The M124Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.

The M125Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.

The M127Police and Criminal Evidence Act 1984 shall be amended as follows.

The M130Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as provided in subsections (5) and (6) below.

In section 160(3) of the M132Criminal Justice Act 1988 (which makes a person convicted of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding six months or ” and at the end the words “ , or both ”.

In Article 15(3) of the M133Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which makes a person convicted in Northern Ireland of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding 6 months or ” and at the end the words “ , or both ”.

The following provisions of the M135Video Recordings Act 1984 (which create offences for which section 15(1) and (3) prescribe maximum fines of, in the case of sections 9 and 10, £20,000 and, in the case of other offences, level 5) shall be amended as follows.

The amendments made by this section shall not apply to offences committed before this section comes into force.

Section 2 of the M136Video Recordings Act 1984 (exempted works) shall be amended as follows.

In subsection (1), after the words “subsection (2)” there shall be inserted the words “ or (3) ”.