Criminal Justice and Court Services Act 2000

Chapter II U.K. Miscellaneous

Young offenders: reprimands and warnings E+W

56 Reprimands and warnings. E+W

(1) In section 65 of the M1 Crime and Disorder Act 1998 (reprimands and warnings)—

(a) for subsection (5)(a) there is substituted—

“(a) where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and”,

(b) in subsection (6), after paragraph (a) there is inserted—

“(aa) the places where reprimands and warnings may be given”.

(2) In section 34 of the M2 Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—

“(b) that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the M3 Crime and Disorder Act 1998”.

Marginal Citations

M1 1998 c. 37.

M2 1984 c. 60.

M3 1998 c. 37.

Police powers: drugs E+W

57 Testing persons in police detention. E+W

(1) The M4 Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).

(2) After section 63A there is inserted—

“63B Testing for presence of Class A drugs.

(1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.

(2) The first condition is—

(a) that the person concerned has been charged with a trigger offence; or

(b) that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.

(3) The second condition is that the person concerned has attained the age of 18.

(4) The third condition is that a police officer has requested the person concerned to give the sample.

(5) Before requesting the person concerned to give a sample, an officer must—

(a) warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and

(b) in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.

(6) A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.

No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(7) Information obtained from a sample taken under this section may be disclosed—

(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the M5 Bail Act 1976) to the person concerned;

(b) where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;

(c) where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;

(d) for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.

(8) A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.

63C Testing for presence of Class A drugs: supplementary.

(1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.

(2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.

(4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.

(5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.

(6) In section 63B above—

• “Class A drug” and “misuse” have the same meanings as in the M6 Misuse of Drugs Act 1971;

• “specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”

(3) In section 38 (duties of custody officer after charge)—

(a) in subsection (1)(a), after sub-paragraph (iii) there is inserted—

“(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below”,

(b) at the end of subsection (2) there is inserted “ but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence ”.

(4) At the end of section 66 (codes of practice) there is inserted—

“(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.”

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 57(5) repealed (1.12.2005) by Drugs Act 2005 (c. 17), s. 24(3), Sch. 1 para. 5, Sch. 2; S.I. 2005/3053, art. 2(1)(f)

Commencement Information

I1 S. 57 partly in force; s. 57 not in force at Royal Assent, see s. 80; s. 57 in force for specified purposes at 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002 and 1.4.2003 by S.I. 2001/2232, art. 2(f), S.I. 2001/1149, art. 2, S.I. 2002/1862, art. 2 and S.I. 2003/709, art. 2

I2 S. 57 in force at 1.4.2004 for specified purposes by S.I. 2004/780, art. 2

I3 S. 57 in force at 1.4.2005 for specified purposes by S.I. 2005/596, art. 2

I4 S. 57 in force at 1.12.2005 in so far as not already in force by S.I. 2005/3054, art. 2

Marginal Citations

M4 1984 c. 60.

M5 1976 c. 63.

M6 1971 c. 38.

Bail E+W

58 Right to bail: relevance of drug misuse. E+W

In section 4 of the M7 Bail Act 1976 (general right to bail), after subsection (8) there is inserted—

“(9) In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the M8 Misuse of Drugs Act 1971).”

Commencement Information

I5 S. 58 wholly in force at 2.7.2001; s. 58 not in force at Royal Assent see s. 80; s. 58 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(g)

Marginal Citations

M7 1976 c. 63.

M8 1971 c. 38.

Detention U.K.

Prospective

59 Remand centres. E+W

In section 43(1) of the M9 Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.

Marginal Citations

M9 1952 c. 52.

60 Life sentences: tariffs. U.K.

(1) After section 82 of the M10 Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—

“ Life sentences U.K.

82A Determination of tariffs.

(1) This section applies if a court passes a life sentence in circumstances where—

(a) the sentence is not fixed by law; or

(b) the offender was aged under 18 when he committed the offence.

(2) The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M11 Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.

(3) The part of his sentence shall be such as the court considers appropriate taking into account—

(a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;

(b) the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and

(c) the early release provisions as compared with sections 33(2) and 35(1) of the M12 Criminal Justice Act 1991.

(4) If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender.

(5) If, in a case where an order under subsection (4) above is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.

(6) The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.

(7) In this section—

• “court” includes a court-martial;

• “life sentence” has the same meaning as in Chapter II of Part II of the M13 Crime (Sentences) Act 1997.

(8) So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply.”

(2) In section 90 of the M14 Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”; and, in the sidenote, after “murder” there is inserted “ etc. ”.

(3) This section has effect in relation to sentences passed after the coming into force of this section.

(4) In relation to any time before the coming into force of section 87 of the M15 Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for “of any direction which it would have given under section 87 below (crediting periods of remand in custody)” there were substituted “ which section 67 of the M16 Criminal M17 Justice Act 1967 would have had ”.

Extent Information

E1 S. 60 extends to U.K., see s. 81(1)(2)(b)

Marginal Citations

M10 2000 c. 6.

M11 1997 c. 43.

M12 1991 c. 53.

M13 1997 c. 43.

M14 2000 c. 6.

M15 2000 c. 6.

M16 2000 c. 6.

M17 1967 c. 80.

Prospective

61 Abolition of sentences of detention in a young offender institution, custody for life, etc. U.K.

(1) No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.

(2) No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.

(3) A person who—

(a) has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and

(b) is aged at least 18 but under 21,

may be detained in a young offender institution, or in a prison, determined by the Secretary of State.

(4) A person—

(a) who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and

(b) who is aged under 21,

may be detained in a young offender institution, or in a prison, determined by the Secretary of State.

(5) A person who has been sentenced to imprisonment and is aged under 21 may be detained—

(a) in a prison, or

(b) in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,

determined by the Secretary of State.

(6) A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

• “court” includes a court-martial and a Standing Civilian Court,

• “custodial order” means an order under—

  (a)

  section 71AA of, or paragraph 10 of Schedule 5A to, the M18 Army Act 1955,

  (b)

  section 71AA of, or paragraph 10 of Schedule 5A to, the M19 Air Force Act 1955,

  (c)

  section 43AA of, or paragraph 10 of Schedule 4A to, the M20 Naval Discipline Act 1957.

(9) On the coming into force of this section—

(a) paragraph (b) of the definition of “qualifying sentence” in section 30(1), and

(b) paragraph (b) of the definition of “relevant sentence” in section 69(7),

are omitted.

Extent Information

E2 S. 61 extends to U.K., see s. 81(1)(2)(c)

Textual Amendments

F2 S. 61(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

M18 1955 c. 18.

M19 1955 c. 19.

M20 1957 c. 53.

Release of prisoners on licence etc. E+W

62 Release on licence etc: conditions as to monitoring. E+W

(1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—

(a) the Secretary of State is required to, or may, release the person from prison, and

(b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).

(2) The conditions may include—

(a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release,

(b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).

[F3 (3) In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).]

(4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.

(5) In this section, “sentence of imprisonment” includes—

(a) a detention and training order,

(b) a sentence of detention in a young offender institution,

(c) a sentence of detention under section 90 of the M21 Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),

(d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),

(e) a sentence of custody for life under section 93 or 94 of that Act,[F4 , F5 ...

(f) a sentence of detention under section 226 [F6 , 226B] or 228 of the Criminal Justice Act 2003 [F7 (including one passed as a result of section 221 [F8 , 221A] or 222 of the Armed Forces Act 2006)]]

[F9 (g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,]

and “prison” shall be construed accordingly.

Textual Amendments

F3 S. 62(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F4 S. 62(5)(f) and word inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 136(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F5 Word in s. 62(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6 Word in s. 62(5)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 17; S.I. 2012/2906, art. 2(s)

F7 Words in s. 62(5)(f) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F8 Word in s. 62(5)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 18; S.I. 2012/2906, art. 2(t)

F9 S. 62(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 184(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M21 2000 c. 6.

F10 63 Supervision of young offenders after release. E+W

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

Textual Amendments

F10 S. 63 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

64 Release on licence etc: drug testing requirements. E+W

(1) This section applies where—

(a) the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed for a trigger offence, and

(b) the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed).

(2) For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.

(3) The requirement is that the person must provide, when instructed to do so by an officer of a local probation board [F11 , an officer of a provider of probation services] or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.

(4) The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.

(5) In this section, “sentence of imprisonment” includes—

(a) a detention and training order,

(b) a sentence of detention in a young offender institution,

(c) a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),

(d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),

(e) a sentence of custody for life under section 93 or 94 of that Act,

[F12 (g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,]

and “prison” shall be construed accordingly.

Textual Amendments

F11 Words in s. 64(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 18(2)

F12 S. 64(5)(g)(h) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 185(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I6 S. 64 wholly in force at 2.7.2001; s. 64 not in force at Royal Assent see s. 80; s. 64 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(i)

65 Short-term prisoners: release subject to curfew conditions. E+W

In section 34A of the M22 Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—

“(da) the prisoner is subject to the notification requirements of Part I of the M23 Sex Offenders Act 1997;”.

Marginal Citations

M22 1991 c. 53.

M23 1997 c. 51.

Sexual or violent offenders U.K.

F13 66 Amendments of the Sex Offenders Act 1997. U.K.

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

Textual Amendments

F13 S. 66 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 44(2), Sch. 7; S.I. 2004/874, art. 2

F14 67 Arrangements for assessing etc. risks posed by certain offenders. E+W

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

Textual Amendments

F14 S. 67 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/829, art. 2(1)(2)(l)(v) (with art. 2(5))

F15 68 Section 67: interpretation. E+W

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

Textual Amendments

F15 S. 68 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 12; S.I. 2004/829, art. 2(1)(2)(l)(v)

F16 69 Duties of local probation boards in connection with victims of certain offences. E+W

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

Textual Amendments

F16 S. 69 repealed (1.7.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 55, Sch. 11; S.I. 2005/1705, art. 2(d)(f)