SCh. 10 para. 64 wholly in force at 3.2.1995; Sch. 10 para. 64 not in force at Royal Assent see s. 172; Sch. 10 para. 64 in force for specified purposes at 9.1.1995 by S.I. 1994/3192, art. 2, Sch.; Sch. 10 para. 64 so far as not already in force comes into force at 3.2.1995 by S.I. 1995/127, art. 2(1), Sch. 1 ANNEX B
The provisions of Sch. 10 are co-extensive with the enactments they affect, see s. 172(16)
Sch. 10 para. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 10 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 10 para. 13 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I
Sch. 10 para. 14 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I
Sch. 10 para. 17 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I
Sch. 10 para. 27 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(4), Sch. 9 Pt. I
Sch. 10 para. 31 repealed (31.7.1996) by S.I. 1996/1141 (N.I. 6), art. 32(3), Sch. 5; S.R. 1996/267, rule 2
Sch. 10 para. 35(3) repealed (4.12.2000 for certain purposes, otherwise prosp.) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/3075, art. 2(c)(iii) (with art. 3)
Sch. 10 para. 42 repealed (1.4.2000) by 1998 c. 37, s. 120(2), Sch. 10 (with Sch. 9); S.I. 1999/3426, art. 3(c)
Sch. 10 para. 47 repealed (31.3.1996) by 1995 c. 20, s. 117(2), Sch. 7 Pt. I; S.I. 1996/517, art. 3(2) (subject to transitional provisions in
Sch. 10 para. 49 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 10 para. 62 (excluding sub-para. (4)(a)(b)) repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16, Pt. I; S.I. 2001/421, art. 2
Sch. 10 para. 63 repealed (19.2.2001) by 2000 c. 11 s. 125, Sch. 16, Pt. I: S.I.2001/421, art. 2
Sch. 10 para. 65 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 10 para. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 10 para. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Section 168(2).
In section 1 of the
In section 1 of the
A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;
proviso (b) shall be omitted.
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In section 37(1) of the
Section 49 of the
Part III of the
In section 29—
The institutions for young offenders to which subsection (1) above applies are the following: a remand centre, young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.
In section 30—
The institutions for young offenders to which subsection (3) above applies are the following: a young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.
sections 1 and 3 of the Criminal Justice and Public Order Act 1994.
the expression “
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to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;
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This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.
The
In section 21 (possession of firearms by persons previously convicted of crime)—
For the purposes of subsection (2) above, “ in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison; in the case of a person who has been subject to a secure training order— the date on which he is released from detention under the order; the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or the date halfway through the total period specified by the court in making the order, whichever is the later.
This section also applies to a constable who is a member of a police force maintained in England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland.
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knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury,
Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994
a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;
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This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).
The
In section 7(2) (interpretation of terms used in the Act)—
the words from “references” to “only);” shall be omitted; and
Section 4 of the
In subsection (1)—
in paragraph (a)—
in paragraph (b)—
The
In section 4—
The
In Article 4(1)—
In section 24(1)(a) of the Magistrates’ Courts Act 1980 (exception to summary trial of children or young persons) the words “he has attained the age of 14 and” shall be omitted.
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prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;
In section 6 of the
Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act).
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Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions.
The
A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
No prosecution for an offence under this Act shall be brought after the expiry of the period of three years beginning with the date of the commission of the offence or one year beginning with the date of its discovery by the prosecutor, whichever is earlier. In Scotland, the reference in subsection (1) above to the date of discovery by the prosecutor shall be construed as a reference to the date on which evidence sufficient in the opinion of the Lord Advocate to warrant proceedings came to his knowledge. For the purposes of subsection (2) above— a certificate signed by the Lord Advocate or on his behalf and stating the date on which evidence came to his knowledge shall be conclusive evidence of that fact; a certificate purporting to be signed as mentioned in paragraph (a) above shall be presumed to be so signed unless the contrary is proved; and a prosecution shall be deemed to be brought on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.
In section 17 of the
section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);
In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)—
If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent— before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.
In section 62 of the
If an intimate sample is taken from a person at a police station— before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.
In section 63 of the
If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent— before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.
Buggery with a person under the age of 16.
The
In Article 4—
in paragraph (1)—
in sub-paragraph (b), the words “be called upon to” shall be omitted;
Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, 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.
in paragraph (4)—
paragraphs (9) and (10) shall be omitted.
a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates’ court to the Crown Court under Article 3 of that Order); and
This Article applies in relation to officers of customs and excise as it applies in relation to constables.
a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates’ court to the Crown Court under Article 3 of that Order); and
This Article applies in relation to officers of customs and excise as it applies in relation to constables.
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In consequence of the foregoing amendments—
Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.
Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.
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The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown. It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act. The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State. The Board shall include among its members— a person who holds or has held judicial office; a registered medical practitioner who is a psychiatrist; a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders. A member of the Board— shall hold and vacate office in accordance with the terms of his appointment; may resign his office by notice in writing addressed to the Secretary of State; and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment. The Board may pay to each member such remuneration and allowances as the Secretary of State may determine. The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine. If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine. A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury. Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine. The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board. The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member. The Board may appoint such number of employees as it may determine. The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board. Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury. The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board. Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”. The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament. The Secretary of State shall pay to the Board— any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses. Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament. The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose. Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown. It shall be the duty of the Board— to keep proper accounts and proper records in relation to the accounts; to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates. The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament. In this paragraph, “ The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.
In section 4 of the
to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to supervision by a probation officer under a secure training order (within the meaning of section 1 of the Criminal Justice and Public Order Act 1994) naming as that petty sessions area the petty sessions area within which the person to be supervised resides for the time being;
In section 17 of the
Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(6) of the Criminal Justice and Public Order Act 1994.