Criminal Justice Act 2003
Part 1Amendments of Police and Criminal Evidence Act 1984
1Extension of powers to stop and search
2Warrants to enter and search
3Arrestable offences
4Bail elsewhere than at police station
5Drug testing for under-eighteens
6Use of telephones for review of police detention
7Limits on period of detention without charge
8Property of detained persons
9Taking fingerprints without consent
10Taking non-intimate samples without consent
11Codes of practice
12Amendments related to Part 1
Part 2Bail
13Grant and conditions of bail
14Offences committed on bail
15 Absconding by persons released on bail
16Appeal to Crown Court
17Appeals to High Court
18Appeal by prosecution
19Drug users: restriction on bail
20Supplementary amendments to the Bail Act 1976
21Interpretation of Part 2
Part 3Conditional cautions
22Conditional cautions
23The five requirements
23ZADuty to consult victims
23AFinancial penalties
23BVariation of conditions
24Failure to comply with conditions
24AArrest for failure to comply
24BApplication of PACE provisions
25Code of practice
26Assistance of National Probation Service
27Interpretation of Part 3
Part 4Charging etc
28Charging or release of persons in police detention
29New method of instituting proceedings
30Further provision about new method
31Removal of requirement to substantiate information on oath
Part 5Disclosure
32Initial duty of disclosure by prosecutor
33Defence disclosure
34Notification of intention to call defence witnesses
35Notification of names of experts instructed by defendant
36Further provisions about defence disclosure
37Continuing duty of disclosure by prosecutor
38Application by defence for disclosure
39Faults in defence disclosure
40Code of practice for police interviews of witnesses notified by accused
Part 6Allocation and sending of offences
41Allocation of offences triable either way, and sending cases to Crown Court
42Mode of trial for certain firearms offences: transitory arrangements
Part 7Trials on indictment without a jury
43Applications by prosecution for certain fraud cases to be conducted without a jury
44Application by prosecution for trial to be conducted without a jury where danger of jury tampering
45Procedure for applications under section44
46Discharge of jury because of jury tampering
47Appeals
48Further provision about trials without a jury
49Rules of court
50Application of Part 7 to Northern Ireland
Part 8Live links
51Live links in criminal proceedings
52Effect of, and rescission of, direction
53Magistrates' courts permitted to sit at other locations
54Warning to jury
55Rules of court
56Interpretation of Part 8
Part 9Prosecution appeals
Introduction
57Introduction
General right of appeal in respect of rulings
58General right of appeal in respect of rulings
59Expedited and non-expedited appeals
60Continuation of proceedings for offences not affected by ruling
61Determination of appeal by Court of Appeal
Right of appeal in respect of evidentiary rulings
62Right of appeal in respect of evidentiary rulings
63Condition that evidentiary ruling significantly weakens prosecution case
64Expedited and non-expedited appeals
65Continuation of proceedings for offences not affected by ruling
66Determination of appeal by Court of Appeal
Miscellaneous and supplemental
67Reversal of rulings
68Appeals to the House of Lords
69Costs
70Effect on time limits in relation to preliminary stages
71Restrictions on reporting
72Offences in connection with reporting
73Rules of court
74Interpretation of Part 9
Part 10Retrial for serious offences
Cases that may be retried
75Cases that may be retried
Application for retrial
76Application to Court of Appeal
77Determination by Court of Appeal
78New and compelling evidence
79Interests of justice
80Procedure and evidence
81Appeals
82Restrictions on publication in the interests of justice
83Offences in connection with publication restrictions
Retrial
84Retrial
Investigations
85Authorisation of investigations
86Urgent investigative steps
86AApplication of sections 85 and 86 to investigations by the Police Ombudsman
Arrest, custody and bail
87Arrest and charge
88Bail and custody before application
89Bail and custody before hearing
90Bail and custody during and after hearing
91Revocation of bail
Part 10: supplementary
92Functions of the DPP
93Rules of court
94Armed Forces: Part 10
95Interpretation of Part 10
96Application of Part 10 to Northern Ireland
97Application of Criminal Appeal Acts to proceedings under Part 10
Part 11Evidence
Chapter 1Evidence of bad character
Introductory
98“Bad character”
99Abolition of common law rules
Persons other than defendants
100Non-defendant’s bad character
Defendants
101Defendant’s bad character
102“Important explanatory evidence”
103“Matter in issue between the defendant and the prosecution”
104“Matter in issue between the defendant and a co-defendant”
105“Evidence to correct a false impression”
106“Attack on another person’s character”
107Stopping the case where evidence contaminated
108Offences committed by defendant when a child
General
109Assumption of truth in assessment of relevance or probative value
110Court’s duty to give reasons for rulings
111Rules of court
112Interpretation of Chapter 1
113Armed forces
Chapter 2Hearsay evidence
Hearsay: main provisions
114Admissibility of hearsay evidence
115Statements and matters stated
Principal categories of admissibility
116Cases where a witness is unavailable
117Business and other documents
118Preservation of certain common law categories of admissibility
119Inconsistent statements
120Other previous statements of witnesses
Supplementary
121Additional requirement for admissibility of multiple hearsay
122Documents produced as exhibits
123Capability to make statement
124Credibility
125Stopping the case where evidence is unconvincing
126Court’s general discretion to exclude evidence
Miscellaneous
127Expert evidence: preparatory work.
128Confessions
129Representations other than by a person
130Depositions
131Evidence at retrial
General
132Rules of court
133Proof of statements in documents
134Interpretation of Chapter 2
135Armed forces
136Repeals etc
Chapter 3Miscellaneous and supplemental
137Evidence by video recording
138Video evidence: further provisions
139Use of documents to refresh memory
140Interpretation of Chapter 3
141Saving
Part 12Sentencing
Chapter 1General provisions about sentencing
Matters to be taken into account in sentencing
142Purposes of sentencing
142APurposes etc. of sentencing: offenders under 18
143Determining the seriousness of an offence
144Reduction in sentences for guilty pleas
145Increase in sentences for racial or religious aggravation
146Increase in sentences for aggravation related to disability, sexual orientation or transgender identity
General restrictions on community sentences
147Meaning of “community sentence” etc.
148Restrictions on imposing community sentences
149Passing of community sentence on offender remanded in custody
150Community sentence not available where sentence fixed by law etc.
150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously fined
151Community order or youth rehabilitation order for persistent offender previously fined
General restrictions on discretionary custodial sentences
152General restrictions on imposing discretionary custodial sentences
153Length of discretionary custodial sentences: general provision
General limit on magistrates' court’s power to impose imprisonment
154General limit on magistrates' court’s power to impose imprisonment
155Consecutive terms of imprisonment
Procedural requirements for imposing community sentences and discretionary custodial sentences
156Pre-sentence reports and other requirements
157Additional requirements in case of mentally disordered offender
158Meaning of “pre-sentence report”
Disclosure of pre-sentence reports etc
159Disclosure of pre-sentence reports
160Other reports of local probation boards , providers of probation services and members of youth offending teams
Pre-sentence drug testing
161Pre-sentence drug testing
Surcharges
161ACourt’s duty to order payment of surcharge
161BAmount of surcharge
Fines
162Powers to order statement as to offender’s financial circumstances
163General power of Crown Court to fine offender convicted on indictment
164Fixing of fines
165Remission of fines
Savings for power to mitigate etc
166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders
Sentencing and allocation guidelines
167The Sentencing Guidelines Council
168Sentencing Guidelines Council: supplementary provisions
169The Sentencing Advisory Panel
170Guidelines relating to sentencing and allocation
171Functions of Sentencing Advisory Panel in relation to guidelines
172Duty of court to have regard to sentencing guidelines
173Annual report by Council
Duty of court to explain sentence
174Duty to give reasons for and to explain effect of sentence
Publication of information by Secretary of State
175Duty to publish information about sentencing
Interpretation of Chapter
176Interpretation of Chapter 1
Chapter 2Community orders: offenders aged 16 or over
177Community orders
178Power to provide for court review of community orders
179Breach, revocation or amendment of community order
180Transfer of community orders to Scotland or Northern Ireland
Chapter 3Suspended sentence orders
Prison sentences of less than 12 months
181Prison sentences of less than 12 months
182Licence conditions
Intermittent custody
183Intermittent custody
184Restrictions on power to make intermittent custody order
185Intermittent custody: licence conditions
186Further provisions relating to intermittent custody
Further provision about custody plus orders and intermittent custody orders
187Revocation or amendment of order
188Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Suspended sentences
189Suspended sentences of imprisonment
190Imposition of requirements by suspended sentence order
191Power to provide for review of suspended sentence order
192Periodic reviews of suspended sentence order
193Breach, revocation or amendment of suspended sentence order, and effect of further conviction
194Transfer of suspended sentence orders to Scotland or Northern Ireland
Interpretation of Chapter
195Interpretation of Chapter 3
Chapter 4Further provisions about orders under Chapters 2 and 3
Introductory
196Meaning of “relevant order” etc
197Meaning of “the responsible officer”
198Duties of responsible officer
Requirements available in case of all offenders
199Unpaid work requirement
200Obligations of person subject to unpaid work requirement
200ARehabilitation activity requirement
201Activity requirement
202Programme requirement
203Prohibited activity requirement
204Curfew requirement
205Exclusion requirement
206Residence requirement
206AForeign travel prohibition requirement
207Mental health treatment requirement
208Mental health treatment at place other than that specified in order
209Drug rehabilitation requirement
210Drug rehabilitation requirement: provision for review by court
211Periodic review of drug rehabilitation requirement
212Alcohol treatment requirement
212AAlcohol abstinence and monitoring requirement
213Supervision requirement
Requirements available only in case of offenders aged under 25
214Attendance centre requirement
Electronic monitoring
215Electronic monitoring requirement
215AData from electronic monitoring: code of practice
Provisions applying to relevant orders generally
216Local justice area to be specified in relevant order
217Requirement to avoid conflict with religious beliefs, etc
218Availability of arrangements in local area
219Provision of copies of relevant orders
220Duty of offender to keep in touch with responsible officer
220ADuty to obtain permission before changing residence
Powers of Secretary of State
221Provision of attendance centres
222Rules
223Power to amend limits
Chapter 5Dangerous offenders
Interpretation
224Meaning of “specified offence” etc.
Life sentences
224ALife sentence for second listed offence
225Life sentence ... for serious offences
226Detention for life ... for serious offences committed by those under 18
Extended sentences
226AExtended sentence for certain violent or sexual offences: persons 18 or over
226BExtended sentence for certain violent or sexual offences: persons under 18
227Extended sentence for certain violent or sexual offences: persons 18 or over
228Extended sentence for certain violent or sexual offences: persons under 18
229The assessment of dangerousness
230Imprisonment or detention for public protection: release on licence
Supplementary
231Appeals where previous convictions set aside
232Certificates of convictions for purposes of sections 225 and 227
232ACertificates of conviction
233Offences under service law
234Determination of day when offence committed
235Detention under sections 226, 226B and 228
236Conversion of sentences of detention into sentences of imprisonment
CHAPTER 5AOther offenders of particular concern
236ASpecial custodial sentence for certain offenders of particular concern
Chapter 6 Release, licences, supervision and recall
Preliminary
237Meaning of “fixed-term prisoner” etc
Power of court to recommend licence conditions
238Power of court to recommend licence conditions for certain prisoners
239The Parole Board
Effect of remand in custodyor on bail subject to certain types of condition
240Crediting of periods of remand in custody: terms of imprisonment and detention
240ZATime remanded in custody to count as time served: terms of imprisonment and detention
240A Time remanded on bail to count towards time served: terms of imprisonment and detention
241Effect of section 240ZA or direction under section 240A on release on licence
242Interpretation of sections 240ZA, 240A and 241
243Persons extradited to the United Kingdom
Unconditional release
243ADuty to release certain prisoners serving less than 12 months
Release on licence
244Duty to release prisoners
244ARelease on licence of prisoners serving sentence under section 236A
245Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
246Power to release prisoners on licence before required to do so
246ARelease on licence of prisoners serving extended sentence under section 226A or 226B
247Release on licence of prisoner serving extended sentence under section 227 or 228
248Power to release prisoners on compassionate grounds
249Duration of licence
250Licence conditions
251Licence conditions on re-release of prisoner serving sentence of less than 12 months
252Duty to comply with licence conditions
253Curfew condition to be included in licence under section 246, 255B or 255C
Recall after release
254Recall of prisoners while on licence
255Recall of prisoners released early under section 246
255ZAOffence of remaining unlawfully at large after recall
Further release after recall
255AFurther release after recall: introductory
255BAutomatic release
255CSpecified offence prisoners and those not suitable for automatic release
256Review by the Board
256AFurther review
Supervision of offenders
256AASupervision after end of sentence of prisoners serving less than 2 years
256ABSupervision requirements under section 256AA
256ACBreach of supervision requirements imposed under section 256AA
...
256BSupervision after release of certain young offenders serving less than 12 months
256CBreach of supervision requirements imposed under section 256B
256DDrug testing requirements
256EDrug appointment requirements
Additional days
257Additional days for disciplinary offences
Fine defaulters and contemnors
258Early release of fine defaulters and contemnors
Persons liable to removal from the United Kingdom
259Persons liable to removal from the United Kingdom
259APersons eligible for removal from the United Kingdom
260Early removal of prisoners liable to removal from United Kingdom
261Re-entry into United Kingdom of offender removed from prison early
262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
Consecutive or concurrent terms
263Concurrent terms
264Consecutive terms
264AConsecutive terms: intermittent custody
264BConsecutive terms: supplementary
Restriction on consecutive sentences for released prisoners
265Restriction on consecutive sentences for released prisoners
Drug testing requirements
266Release on licence etc: drug testing requirements
Supplemental
267Alteration by order of relevant proportion of sentence
267AApplication of Chapter 6 to pre-4 April 2005 cases
267BModification of Chapter 6 in certain transitional cases
268Interpretation of Chapter 6
Chapter 7Effect of life sentence
269Determination of minimum term in relation to mandatory life sentence
270Duty to give reasons
271Appeals
272Review of minimum term on a reference by Attorney General
273Life prisoners transferred to England and Wales
274Further provisions about references relating to transferred life prisoners
275Duty to release certain life prisoners
276Mandatory life sentences: transitional cases
277Interpretation of Chapter 7
Chapter 8Other provisions about sentencing
Deferment of sentence
278Deferment of sentence
Power to include drug treatment and testing requirement in certain orders in respect of young offenders
279Drug treatment and testing requirement in action plan order or supervision order
Alteration of penalties for offences
280Alteration of penalties for specified summary offences
281Alteration of penalties for other summary offences
282Increase in maximum term that may be imposed on summary conviction of offence triable either way
283Enabling powers: power to alter maximum penalties
284Increase in penalties for drug-related offences
285Increase in penalties for certain driving-related offences
286Increase in penalties for offences under section 174 of Road Traffic Act 1988
Firearms offences
287Minimum sentence for certain firearms offences
288Certain firearms offences to be triable only on indictment
289Power to sentence young offender to detention in respect of certain firearms offences: England and Wales
290Power to sentence young offender to detention in respect of certain firearms offences: Scotland
291Power by order to exclude application of minimum sentence to those under 18
292Sentencing for firearms offences in Northern Ireland
293Increase in penalty for offences relating to importation or exportation of certain firearms
Offenders transferred to mental hospital
294Duration of directions under Mental Health Act 1983 in relation to offenders
295Access to Parole Board for certain patients serving prison sentences
296Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
297Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
Term of detention and training order
298Term of detention and training order
Disqualification from working with children
299Disqualification from working with children
Fine defaulters
300Power to impose unpaid work requirement curfew requirement or attendance centre requirement on fine defaulter
301Fine defaulters: driving disqualification
Chapter 9Supplementary
302Execution of process between England and Wales and Scotland
303Sentencing: repeals
304Amendments relating to sentencing
305Interpretation of Part 12
Part 13Miscellaneous
Detention of suspected terrorists
306Limit on period of detention without charge of suspected terrorists
Enforcement of legislation on endangered species
307Enforcement of regulations implementing EU legislation on endangered species
Miscellaneous provisions about criminal proceedings
308Non-appearance of defendant: plea of guilty
309Preparatory hearings for serious offences not involving fraud
310Preparatory hearings to deal with severance and joinder of charges
311Reporting restrictions for preparatory hearings
312Awards of costs
313Extension of investigations by Criminal Cases Review Commission in England and Wales
314Extension of investigations by Criminal Cases Review Commission in Northern Ireland
315Appeals following reference by Criminal Cases Review Commission
316Power to substitute conviction of alternative offence on appeal in England and Wales
317Power to substitute conviction of alternative offence on appeal in Northern Ireland
318Substitution of conviction on different charge on appeal from court-martial
319Appeals against sentences in England and Wales
Outraging public decency
320Offence of outraging public decency triable either way
Jury service
321Jury service
Individual support orders
322Individual support orders
323Individual support orders: consequential amendments
Parenting orders and referral orders
324Parenting orders and referral orders
Assessing etc. risks posed by sexual or violent offenders
325Arrangements for assessing etc risks posed by certain offenders
326Review of arrangements
327Section 325: interpretation
327ADisclosure of information about convictions etc. of child sex offenders to members of the public
327BSection 327A: interpretation
Criminal record certificates
328Criminal record certificates: amendments of Part 5 of Police Act 1997
Civil proceedings brought by offenders
329Civil proceedings for trespass to the person brought by offender
Part 14General
330Orders and rules
330AOrders: Northern Ireland
331Further minor and consequential amendments
332Repeals
333Supplementary and consequential provision, etc.
334Provision for Northern Ireland
335Expenses
336Commencement
337Extent
338Channel Islands and Isle of Man
339Short title
SCHEDULES
SCHEDULE 1Amendments related to Part 1
The 1984 Act
1The 1984 Act is amended as follows.
2In section 18 (entry and search after arrest), for subsection...
3In section 21 (access and copying), at the end there...
4In section 22 (retention), at the end there is inserted—...
5In section 34 (limitation on police detention), for subsection (7)...
6In section 35(1) (designated police stations), for “section 30(3) and...
7In section 36 (custody officers at police stations), after subsection...
8In section 41(2) (calculation of periods of time), after paragraph...
9In section 45A(2)(a) (functions which may be performed by video-conferencing),...
10In section 47 (bail after arrest)— (a) in subsection (6),...
Criminal Justice Act 1987 (c. 38)
11In section 2 of the Criminal Justice Act 1987 (director’s...
12In subsection (7) of that section (meaning of appropriate person),...
13In subsection (8D) of that section (references to evidence obtained...
Criminal Justice and Police Act 2001 (c. 16)
14In section 56 of the Criminal Justice and Police Act...
Armed Forces Act 2001 (c. 19)
15Amendments related to Part 1
Police Reform Act 2002 (c. 30)
16Schedule 4 to the Police Reform Act 2002 (powers exercisable...
17In paragraph 17 (access to excluded and special procedure material)...
18In paragraph 20 (access and copying in case of things...
19After paragraph 24 (extended powers of seizure) there is inserted—...
20In paragraph 34 (powers of escort officer to take arrested...
SCHEDULE 2Charging or release of persons in police detention
1The Police and Criminal Evidence Act 1984 (c. 60) is...
2(1) Section 37 (duties of custody officers before charge) is...
3After that section there is inserted— Guidance (1) The Director of Public Prosecutions may issue guidance—
4In section 40 (review of police detention) in subsection (9)...
5In section 46A (power of arrest for failure to answer...
6(1) Section 47 (bail after arrest) is amended as follows....
SCHEDULE 3Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1Principal amendments
Magistrates' Courts Act 1980 (c. 43)
1The Magistrates' Courts Act 1980 is amended as follows.
2(1) Section 17A (initial indication as to plea) is amended...
3After section 17C there is inserted— Maximum penalty under section...
4In section 18 (initial procedure on information against adult for...
5For section 19 (court to begin by considering which mode...
6For section 20 (procedure where summary trial appears more suitable)...
7For section 21 (procedure where trial on indictment appears more...
8(1) Section 23 (power of court, with consent of legally...
9(1) Section 24 (summary trial of information against child or...
10After section 24 there is inserted— Child or young person...
11(1) Section 25 (power to change from summary trial to...
12For subsections (1) and (2) of section 26 (power to...
13Allocation of cases triable either way, and sending cases to the Crown Court
14Section 42 (restriction on justices sitting after dealing with bail)...
Crime and Disorder Act 1998 (c. 37)
15The Crime and Disorder Act 1998 is amended as follows....
16In section 50 (early administrative hearings), in subsection (1) (court...
17After section 50 there is inserted— Order of consideration for...
18For section 51 (no committal proceedings for indictable-only offences) there...
19(1) After section 52 there is inserted— Restrictions on reporting...
20(1) Schedule 3 (procedure where persons are sent for trial...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
21The Powers of Criminal Courts (Sentencing) Act 2000 is amended...
22Allocation of cases triable either way, and sending cases to the Crown Court
22A(1) Section 3 (committal for sentence on summary trial of...
23After section 3 there is inserted— Committal for sentence of...
24(1) Section 4 (committal for sentence on indication of guilty...
25After section 4 there is inserted— Committal for sentence on...
26For section 5 (power of Crown Court on committal for...
27After section 5 there is inserted— Power of Crown Court...
28In section 6 (committal for sentence in certain cases where...
Part 2minor and consequential amendments
Territorial Waters Jurisdiction Act 1878 (c. 73)
29In section 4 of the Territorial Waters Jurisdiction Act 1878...
Bankers' Books Evidence Act 1879 (c. 11)
30(1) The Bankers' Books Evidence Act 1879 is amended as...
Explosive Substances Act 1883 (c. 3)
31In section 6 of the Explosive Substances Act 1883 (inquiry...
Criminal Justice Act 1925 (c. 86)
32In section 49 of the Criminal Justice Act 1925 (interpretation,...
Children and Young Persons Act 1933 (c. 12)
33In section 42 of the Children and Young Persons Act...
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
34(1) Section 2 of the Administration of Justice (Miscellaneous Provisions)...
Criminal Justice Act 1948 (c. 58)
35(1) The Criminal Justice Act 1948 is amended as follows....
Prison Act 1952 (c. 52)
36Until their repeal by (respectively) section 59 of, and paragraph...
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
37Allocation of cases triable either way, and sending cases to the Crown Court
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
38Allocation of cases triable either way, and sending cases to the Crown Court
Geneva Conventions Act 1957 (c. 52)
39In section 5 of the Geneva Conventions Act 1957 (reduction...
Naval Discipline Act 1957 (c. 53)
40Allocation of cases triable either way, and sending cases to the Crown Court
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
41In paragraph 4 of the Schedule to the Backing of...
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
42In section 2 of the Criminal Procedure (Attendance of Witnesses)...
Criminal Justice Act 1967 (c. 80)
43(1) The Criminal Justice Act 1967 is amended as follows....
Criminal Appeal Act 1968 (c. 19)
44(1) The Criminal Appeal Act 1968 is amended as follows....
Firearms Act 1968 (c. 27)
45In Schedule 6 to the Firearms Act 1968 (prosecution and...
Theft Act 1968 (c. 60)
46In section 27 of the Theft Act 1968 (evidence and...
Criminal Justice Act 1972 (c. 71)
47In section 46 of the Criminal Justice Act 1972 (admissibility...
Bail Act 1976 (c. 63)
48(1) The Bail Act 1976 is amended as follows.
Interpretation Act 1978 (c. 30)
49In Schedule 1 to the Interpretation Act 1978 (words and...
Customs and Excise Management Act 1979 (c. 2)
50In section 147 of the Customs and Excise Management Act...
Magistrates' Courts Act 1980 (c. 43)
51(1) The Magistrates' Courts Act 1980 is amended as follows....
Criminal Attempts Act 1981 (c. 47)
52In section 2 of the Criminal Attempts Act 1981 (application...
Contempt of Court Act 1981 (c. 49)
53In section 4 of the Contempt of Court Act 1981...
Supreme Court Act 1981 (c. 54)
54(1) The Supreme Court Act 1981 is amended as follows....
Mental Health Act 1983 (c. 20)
55(1) The Mental Health Act 1983 is amended as follows....
Police and Criminal Evidence Act 1984 (c. 60)
56(1) The Police and Criminal Evidence Act 1984 is amended...
Prosecution of Offences Act 1985 (c. 23)
57(1) The Prosecution of Offences Act 1985 is amended as...
Criminal Justice Act 1987 (c. 38)
58(1) The Criminal Justice Act 1987 is amended as follows....
Coroners Act 1988 (c. 13)
59(1) The Coroners Act 1988 is amended as follows.
Criminal Justice Act 1988 (c. 33)
60(1) The Criminal Justice Act 1988 is amended as follows....
Road Traffic Offenders Act 1988 (c. 53)
61(1) The Road Traffic Offenders Act 1988 is amended as...
Criminal Justice Act 1991 (c. 53)
62(1) The Criminal Justice Act 1991 is amended as follows....
Sexual Offences (Amendment) Act 1992 (c. 34)
63In section 6 of the Sexual Offences (Amendment) Act 1992...
Criminal Justice and Public Order Act 1994 (c. 33)
64(1) The Criminal Justice and Public Order Act 1994 is...
Reserve Forces Act 1996 (c. 14)
65Allocation of cases triable either way, and sending cases to the Crown Court
Criminal Procedure and Investigations Act 1996 (c. 25)
66(1) The Criminal Procedure and Investigations Act 1996 is amended...
Sexual Offences (Protected Material) Act 1997 (c. 39)
67In section 9 of the Sexual Offences (Protected Material) Act...
Crime and Disorder Act 1998 (c. 37)
68The Crime and Disorder Act 1998 is amended as follows....
69In section 52 (provisions supplementing section 51)—
70In section 121 (short title, commencement and extent), in subsection...
71In paragraph 3 of Schedule 3 (reporting restrictions)—
72In paragraph 4 of Schedule 3 (power of justice to...
Youth Justice and Criminal Evidence Act 1999 (c. 23)
73(1) The Youth Justice and Criminal Evidence Act 1999 is...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
74(1) The Powers of Criminal Courts (Sentencing) Act 2000 is...
Proceeds of Crime Act 2002 (c. 29)
75(1) The Proceeds of Crime Act 2002 is amended as...
SCHEDULE 4Qualifying offences for purposes of section 62
Part 1List of offences
Offences Against the Person
Murder
1Murder.
Attempted murder
2An offence under section 1 of the Criminal Attempts Act...
Soliciting murder
3An offence under section 4 of the Offences against the...
Manslaughter
4Manslaughter.
Corporate manslaughter
4AAn offence under section 1 of the Corporate Manslaughter and...
Wounding or causing grievous bodily harm with intent
5An offence under section 18 of the Offences against the...
Kidnapping
6Kidnapping.
Sexual Offences
Rape
7An offence under section 1 of the Sexual Offences Act...
Attempted rape
8An offence under section 1 of the Criminal Attempts Act...
Intercourse with a girl under thirteen
9An offence under section 5 of the Sexual Offences Act...
Incest by a man with a girl under thirteen
10An offence under section 10 of the Sexual Offences Act...
Assault by penetration
11An offence under section 2 of the Sexual Offences Act...
Causing a person to engage in sexual activity without consent
12An offence under section 4 of the Sexual Offences Act...
Rape of a child under thirteen
13An offence under section 5 of the Sexual Offences Act...
Attempted rape of a child under thirteen
14An offence under section 1 of the Criminal Attempts Act...
Assault of a child under thirteen by penetration
15An offence under section 6 of the Sexual Offences Act...
Causing a child under thirteen to engage in sexual activity
16An offence under section 8 of the Sexual Offences Act...
Sexual activity with a person with a mental disorder impeding choice
17An offence under section 30 of the Sexual Offences Act...
Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity
18An offence under section 31 of the Sexual Offences Act...
Drugs Offences
Unlawful importation of Class A drug
19An offence under section 50(2) of the Customs and Excise...
Unlawful exportation of Class A drug
20An offence under section 68(2) of the Customs and Excise...
Fraudulent evasion in respect of Class A drug
21An offence under section 170(1) or (2) of the Customs...
Producing or being concerned in production of Class A drug
22An offence under section 4(2) of the Misuse of Drugs...
Supplying or offering to supply Class A drug
23An offence under section 4(3) of the Misuse of Drugs...
Theft Offences
Robbery
24An offence under section 8(1) of the Theft Act 1968...
Criminal Damage Offences
Arson endangering life
25An offence under section 1(2) of the Criminal Damage Act...
Causing explosion likely to endanger life or property
26An offence under section 2 of the Explosive Substances Act...
Intent or conspiracy to cause explosion likely to endanger life or property
27An offence under section 3(1)(a) of the Explosive Substances Act...
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
28An offence under section 51 or 52 of the International...
Grave breaches of the Geneva Conventions
29An offence under section 1 of the Geneva Conventions Act...
Directing terrorist organisation
30An offence under section 56 of the Terrorism Act 2000...
Hostage-taking
31An offence under section 1 of the Taking of Hostages...
Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security
Hijacking of aircraft
32An offence under section 1 of the Aviation Security Act...
Destroying, damaging or endangering the safety of an aircraft
33An offence under section 2 of the Aviation Security Act...
Hijacking of spacecraft
33AAn offence under paragraph 1 of Schedule 4 to the...
Destroying, damaging or endangering the safety of spacecraft
33BAn offence under paragraph 2 of Schedule 4 to the...
Hijacking of ships
34An offence under section 9 of the Aviation and Maritime...
Seizing or exercising control of fixed platforms
35An offence under section 10 of the Aviation and Maritime...
Destroying ships or fixed platforms or endangering their safety
36An offence under section 11 of the Aviation and Maritime...
Hijacking of Channel Tunnel trains
37An offence under article 4 of the Channel Tunnel (Security)...
Seizing or exercising control of the Channel Tunnel system
38An offence under article 5 of the Channel Tunnel (Security)...
Conspiracy
Conspiracy
39An offence under section 1 of the Criminal Law Act...
Part 2Supplementary
40A reference in Part 1 of this Schedule to an...
41A reference in Part 1 of this Schedule to an...
SCHEDULE 5Qualifying offences for purposes of Part 10
Part 1List of offences for England and Wales
Offences Against the Person
Murder
1Murder.
Attempted murder
2An offence under section 1 of the Criminal Attempts Act...
Soliciting murder
3An offence under section 4 of the Offences against the...
Manslaughter
4Manslaughter.
Corporate manslaughter
4AAn offence under section 1 of the Corporate Manslaughter and...
Kidnapping
5Kidnapping.
Sexual Offences
Rape
6An offence under section 1 of the Sexual Offences Act...
Attempted rape
7An offence under section 1 of the Criminal Attempts Act...
Intercourse with a girl under thirteen
8An offence under section 5 of the Sexual Offences Act...
Incest by a man with a girl under thirteen
9An offence under section 10 of the Sexual Offences Act...
Assault by penetration
10An offence under section 2 of the Sexual Offences Act...
Causing a person to engage in sexual activity without consent
11An offence under section 4 of the Sexual Offences Act...
Rape of a child under thirteen
12An offence under section 5 of the Sexual Offences Act...
Attempted rape of a child under thirteen
13An offence under section 1 of the Criminal Attempts Act...
Assault of a child under thirteen by penetration
14An offence under section 6 of the Sexual Offences Act...
Causing a child under thirteen to engage in sexual activity
15An offence under section 8 of the Sexual Offences Act...
Sexual activity with a person with a mental disorder impeding choice
16An offence under section 30 of the Sexual Offences Act...
Causing a person with a mental disorder impeding choice to engage in sexual activity
17An offence under section 31 of the Sexual Offences Act...
Drugs Offences
Unlawful importation of Class A drug
18An offence under section 50(2) of the Customs and Excise...
Unlawful exportation of Class A drug
19An offence under section 68(2) of the Customs and Excise...
Fraudulent evasion in respect of Class A drug
20An offence under section 170(1) or (2) of the Customs...
Producing or being concerned in production of Class A drug
21An offence under section 4(2) of the Misuse of Drugs...
Criminal Damage Offences
Arson endangering life
22An offence under section 1(2) of the Criminal Damage Act...
Causing explosion likely to endanger life or property
23An offence under section 2 of the Explosive Substances Act...
Intent or conspiracy to cause explosion likely to endanger life or property
24An offence under section 3(1)(a) of the Explosive Substances Act...
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
25An offence under section 51 or 52 of the International...
Grave breaches of the Geneva Conventions
26An offence under section 1 of the Geneva Conventions Act...
Directing terrorist organisation
27An offence under section 56 of the Terrorism Act 2000...
Hostage-taking
28An offence under section 1 of the Taking of Hostages...
Conspiracy
Conspiracy
29An offence under section 1 of the Criminal Law Act...
Part 2List of offences for Northern Ireland
Offences Against the Person
Murder
30Murder.
Attempted murder
31An offence under Article 3 of the Criminal Attempts and...
Soliciting murder
32An offence under section 4 of the Offences against the...
Manslaughter
33Manslaughter.
Corporate manslaughter
33AAn offence under section 1 of the Corporate Manslaughter and...
Kidnapping
34Kidnapping.
Sexual Offences
Rape
35Rape.
35AAn offence under Article 5 of the Sexual Offences (Northern...
Attempted rape
36An offence under section 2 of the Attempted Rape, etc.,...
36AAn offence under Article 3 of the Criminal Attempts and...
Intercourse with a girl under fourteen
37An offence under section 4 of the Criminal Law Amendment...
Incest by a man with a girl under fourteen
38An offence under section 1(1) of the Punishment of Incest...
Assault by penetration
38AAn offence under Article 6 of the Sexual Offences (Northern...
Causing a person to engage in sexual activity without consent
38BAn offence under Article 8 of the Sexual Offences (Northern...
Rape of a child under thirteen
38CAn offence under Article 12 of the Sexual Offences (Northern...
Attempted rape of a child under thirteen
38DAn offence under Article 3 of the Criminal Attempts and...
Assault of child under thirteen by penetration
38EAn offence under Article 13 of the Sexual Offences (Northern...
Causing a child under thirteen to engage in sexual activity by penetration
38FAn offence under Article 15 of the Sexual Offences (Northern...
Sexual activity with a person with a mental disorder impeding choice
38GAn offence under Article 43 of the Sexual Offences (Northern...
Causing a person with a mental disorder impeding choice to engage in sexual activity
38HAn offence under Article 44 of the Sexual Offences (Northern...
Drugs Offences
Unlawful importation of Class A drug
39An offence under section 50(2) of the Customs and Excise...
Unlawful exportation of Class A drug
40An offence under section 68(2) of the Customs and Excise...
Fraudulent evasion in respect of Class A drug
41An offence under section 170(1) or (2) of the Customs...
Producing or being concerned in production of Class A drug
42An offence under section 4(2) of the Misuse of Drugs...
Criminal Damage Offences
Arson endangering life
43An offence under Article 3(2) of the Criminal Damage (Northern...
Causing explosion likely to endanger life or property
44An offence under section 2 of the Explosive Substances Act...
Intent or conspiracy to cause explosion likely to endanger life or property
45An offence under section 3(1)(a) of the Explosive Substances Act...
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
46An offence under section 51 or 52 of the International...
Grave breaches of the Geneva Conventions
47An offence under section 1 of the Geneva Conventions Act...
Directing terrorist organisation
48An offence under section 56 of the Terrorism Act 2000...
Hostage-taking
49An offence under section 1 of the Taking of Hostages...
Conspiracy
Conspiracy
50An offence under Article 9 of the Criminal Attempts and...
Part 3Supplementary
51A reference in this Schedule to an offence includes a...
52A reference in this Schedule to an enactment includes a...
SCHEDULE 6Evidence of bad character: armed forces
1Sections 98 to 106, 109, 110 and 112, in so...
2Section 103, as it applies in relation to proceedings before...
3(1) Section 107 has effect in relation to proceedings before...
4Section 110, as it applies in relation to proceedings before...
5Section 111 has effect as if the expression“rules of court”...
6In this Schedule “ service court ” means—
SCHEDULE 7Hearsay evidence: armed forces
Application to proceedings before service courts
1Sections 114 to 121, 123, 124, 126, 127 to 129...
2(1) In their application to such proceedings those sections have...
3(1) Section 122 has effect in relation to proceedings before...
4(1) Section 125 has effect in relation to proceedings before...
Amendments
5Hearsay evidence: armed forces
6Hearsay evidence: armed forces
7Hearsay evidence: armed forces
Interpretation
8In this Schedule, and in any provision of this Part...
SCHEDULE 8Breach, revocation or amendment of community order
Part 1Preliminary
Interpretation
1In this Schedule— “the offender”, in relation to a community...
1A(1) In this Schedule “ enforcement officer ” means a...
2In this Schedule— (a) references to a drug rehabilitation requirement...
3For the purposes of this Schedule— (a) a requirement falling...
Orders made on appeal
4Where a community order has been made on appeal, it...
Part 2Breach of requirement of order
Duty to give warning
5(1) If the responsible officer is of the opinion that...
Breach of order after warning
6(1) If— (a) the responsible officer has given a warning...
Role of enforcement officer
6A(1) Where a matter is referred to an enforcement officer...
Issue of summons or warrant by justice of the peace
7(1) This paragraph applies to— (a) a community order made...
Issue of summons or warrant by Crown Court
8(1) This paragraph applies to a community order made by...
Powers of magistrates' court
9(1) If it is proved to the satisfaction of a...
Powers of Crown Court
10(1) Where under paragraph 8 or by virtue of paragraph...
Restriction of powers in paragraphs 9 and 10 where treatment required
11(1) An offender who is required by any of the...
Power to amend amounts of fines
11A(1) The Secretary of State may by order amend any...
Supplementary
12Breach, revocation or amendment of community order
Part 3Revocation of order
Revocation of order with or without re-sentencing: powers of magistrates' court
13(1) This paragraph applies where a community order, other than...
Revocation of order with or without re-sentencing: powers of Crown Court
14(1) This paragraph applies where— (a) there is in force...
Supplementary
15Breach, revocation or amendment of community order
Part 4Amendment of order
Amendment by reason of change of residence
16(1) This paragraph applies where, at any time while a...
16A(1) This paragraph applies where at any time while a...
Amendment of requirements of community order
17(1) The appropriate court may, on the application of the...
Amendment of treatment requirements of community order on report of practitioner
18(1) Where the medical practitioner or other person by whom...
Amendment in relation to review of drug rehabilitation requirement
19Where an officer of a provider of probation services is...
Extension of order
19A(1) The appropriate court may, on the application of the...
Extension of unpaid work requirement
20(1) Where— (a) a community order imposing an unpaid work...
Part 5Powers of court in relation to order following subsequent conviction
Powers of magistrates' court following subsequent conviction
21(1) This paragraph applies where— (a) an offender in respect...
22(1) Where an offender in respect of whom a community...
Powers of Crown Court following subsequent conviction
23(1) This paragraph applies where— (a) an offender in respect...
Part 6Supplementary
24(1) ... No application may be made under paragraph 13,...
25(1) Subject to sub-paragraph (2), where a court proposes to...
25A(1) This paragraph applies to any hearing relating to an...
26Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the...
27(1) On the making under this Schedule of an order...
SCHEDULE 9Transfer of community orders to Scotland or Northern Ireland
Part 1Scotland
1(1) Where the court considering the making of a community...
2(1) Where a court is considering the making or amendment...
Part 2Northern Ireland
3(1) Where the court considering the making of a community...
4(1) Where a court is considering the making or amendment...
Part 3General provisions
5In this Part of this Schedule— “corresponding order” means the...
6Where a community order is made or amended in accordance...
7In section 220 (duty of offender to keep in touch...
8Where a community order is made or amended in accordance...
9Before making or amending a community order in those circumstances...
10The home court may exercise in relation to the community...
11If at any time while legislation relating to corresponding orders...
12Where an offender is required by virtue of paragraph 11...
13Paragraph 12(b) does not enable the court to amend the...
14The preceding paragraphs of this Schedule have effect in relation...
15Where an offender is required by virtue of paragraph (a)...
SCHEDULE 10Revocation or amendment of custody plus orders and amendment of intermittent custody orders
...
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Revocation or amendment of custody plus orders and amendment of intermittent custody orders
SCHEDULE 11Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
SCHEDULE 12Breach or amendment of suspended sentence order, and effect of further conviction
Part 1Preliminary
Interpretation
1In this Schedule— “the offender”, in relation to a suspended...
1A(1) In this Schedule “ enforcement officer ” means a...
2In this Schedule— (a) any reference to a suspended sentence...
Orders made on appeal
3Where a suspended sentence order is made on appeal it...
Part 2Breach of community requirement or conviction of further offence
Duty to give warning in relation to community requirement
4(1) If the responsible officer is of the opinion that...
Breach of order after warning
5(1) If— (a) the responsible officer has given a warning...
Role of enforcement officer
5A(1) Where a matter is referred to an enforcement officer...
Issue of summons or warrant by justice of the peace
6(1) This paragraph applies to— (a) a suspended sentence order...
Issue of summons or warrant by Crown Court
7(1) This paragraph applies to a suspended sentence order made...
Powers of court on breach of community requirement or conviction of further offence
8(1) This paragraph applies where— (a) it is proved to...
Further provisions as to order that suspended sentence is to take effect
9(1) When making an order under paragraph 8(2)(a) or (b)...
Restriction of powers in paragraph 8 where treatment required
10(1) An offender who is required by any of the...
Court by which suspended sentence may be dealt with under paragraph 8(1)(b)
11(1) An offender may be dealt with under paragraph 8(1)(b)...
Procedure where court convicting of further offence does not deal with suspended sentence
12(1) If it appears to the Crown Court, where that...
Power to amend amount of fine
12A(1) The Secretary of State may by order amend the...
Part 3Amendment of suspended sentence order
Application of Part
12BThis Part of this Schedule applies only in relation to...
Cancellation of community requirements of suspended sentence order
13(1) Where at any time while a suspended sentence order...
Amendment by reason of change of residence
14(1) This paragraph applies where, at any time while a...
14A(1) This paragraph applies where at any time while a...
Amendment of community requirements of suspended sentence order
15(1) At any time during the supervision period, the appropriate...
Amendment of treatment requirements on report of practitioner
16(1) Where the medical practitioner or other person by whom...
Amendment in relation to review of drug rehabilitation requirement
17Where an officer of a provider of probation services is...
Extension of unpaid work requirement
18(1) Where— (a) a suspended sentence order imposing an unpaid...
Supplementary
19(1) No application may be made under paragraph 13, 15...
20(1) Subject to sub-paragraph (2), where a court proposes to...
21Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the provisions...
22(1) On the making under this Schedule of an order...
SCHEDULE 13Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 1Scotland
1(1) Where the court considering the making of a suspended...
2A suspended sentence order made or amended in accordance with...
3(1) Where a court makes or amends a suspended sentence...
4(1) In relation to the making or amendment of a...
5In this Part of this Schedule “local authority” means a...
Part 2Northern Ireland
6(1) Where the court considering the making of a suspended...
7A suspended sentence order made or amended in accordance with...
8(1) Where a court makes or amends a suspended sentence...
9(1) In relation to the making or amendment of a...
Part 3General provisions: breach or amendment
10This Part of this Schedule applies at any time while...
11In this Part of this Schedule— “home court” means— if...
12(1) Where this Part of this Schedule applies, Schedule 12...
13(1) Sub-paragraph (2) applies where it appears to the home...
14(1) The court before which an offender appears or is...
15(1) The home court may exercise any power under Part...
16Where by virtue of paragraph 15 any application is made...
17No court may amend or further amend a suspended sentence...
18The preceding paragraphs of this Schedule have effect in relation...
19On the making of an order amending a suspended sentence...
20(1) This paragraph applies where the home court is satisfied...
Part 4Supplementary
21Subsections (1) and (3) of section 245C of the Criminal...
22(1) Section 4 of the Summary Jurisdiction (Process) Act 1881...
SCHEDULE 14Persons to whom copies of requirements to be provided in particular cases
SCHEDULE 15Specified offences for purposes of Chapter 5 of Part 12
Part 1Specified violent offences
1Manslaughter.
2Kidnapping.
3False imprisonment.
4An offence under section 4 of the Offences against the...
5An offence under section 16 of that Act (threats to...
6An offence under section 18 of that Act (wounding with...
7An offence under section 20 of that Act (malicious wounding)....
8An offence under section 21 of that Act (attempting to...
9An offence under section 22 of that Act (using chloroform...
10An offence under section 23 of that Act (maliciously administering...
11An offence under section 27 of that Act (abandoning children)....
12An offence under section 28 of that Act (causing bodily...
13An offence under section 29 of that Act (using explosives...
14An offence under section 30 of that Act (placing explosives...
15An offence under section 31 of that Act (setting spring...
16An offence under section 32 of that Act (endangering the...
17An offence under section 35 of that Act (injuring persons...
18An offence under section 37 of that Act (assaulting officer...
19An offence under section 38 of that Act (assault with...
20An offence under section 47 of that Act (assault occasioning...
21An offence under section 2 of the Explosive Substances Act...
22An offence under section 3 of that Act (attempt to...
22AAn offence under section 4 of that Act (making or...
23An offence under section 1 of the Infant Life (Preservation)...
24An offence under section 1 of the Children and Young...
25An offence under section 1 of the Infanticide Act 1938...
26An offence under section 16 of the Firearms Act 1968...
27An offence under section 16A of that Act (possession of...
28An offence under section 17(1) of that Act (use of...
29An offence under section 17(2) of that Act (possession of...
30An offence under section 18 of that Act (carrying a...
31An offence under section 8 of the Theft Act 1968...
32An offence under section 9 of that Act of burglary...
33An offence under section 10 of that Act (aggravated burglary)....
34An offence under section 12A of that Act (aggravated vehicle-taking)...
35An offence of arson under section 1 of the Criminal...
36An offence under section 1(2) of that Act (destroying or...
37An offence under section 1 of the Taking of Hostages...
38An offence under section 1 of the Aviation Security Act...
39An offence under section 2 of that Act (destroying, damaging...
40An offence under section 3 of that Act (other acts...
41An offence under section 4 of that Act (offences in...
42An offence under section 127 of the Mental Health Act...
43An offence under section 1 of the Prohibition of Female...
44An offence under section 1 of the Public Order Act...
45An offence under section 2 of that Act (violent disorder)....
46An offence under section 3 of that Act (affray).
47An offence under section 134 of the Criminal Justice Act...
48An offence under section 1 of the Road Traffic Act...
48AAn offence under section 3ZC of that Act (causing death...
49An offence under section 3A of that Act (causing death...
50An offence under section 1 of the Aviation and Maritime...
51An offence under section 9 of that Act (hijacking of...
52An offence under section 10 of that Act (seizing or...
53An offence under section 11 of that Act (destroying fixed...
54An offence under section 12 of that Act (other acts...
55An offence under section 13 of that Act (offences involving...
56An offence under Part II of the Channel Tunnel (Security)...
57An offence under section 4 or 4A of the Protection...
58An offence under section 29 of the Crime and Disorder...
59An offence falling within section 31(1)(a) or (b) of that...
59AAn offence under section 54 of the Terrorism Act 2000...
59BAn offence under section 56 of that Act (directing terrorist...
59CAn offence under section 57 of that Act (possession of...
59DAn offence under section 59 of that Act (inciting terrorism...
60An offence under section 51 or 52 of the International...
60AAn offence under section 47 of the Anti-terrorism, Crime and...
60BAn offence under section 50 of that Act (assisting or...
60CAn offence under section 113 of that Act (use of...
61An offence under section 1 of the Female Genital Mutilation...
62An offence under section 2 of that Act (assisting a...
63An offence under section 3 of that Act (assisting a...
63AAn offence under section 5 of the Domestic Violence, Crime...
63BAn offence under section 5 of the Terrorism Act 2006...
63CAn offence under section 6 of that Act (training for...
63DAn offence under section 9 of that Act (making or...
63EAn offence under section 10 of that Act (use of...
63FAn offence under section 11 of that Act (terrorist threats...
63GAn offence under section 1 of the Modern Slavery Act...
63HAn offence under section 2 of that Act (human trafficking)...
64(1) Aiding, abetting, counselling or procuring the commission of an...
65(1) An attempt to commit murder. (2) Conspiracy to commit...
Part 2Specified sexual offences
66An offence under section 1 of the Sexual Offences Act...
67An offence under section 2 of that Act (procurement of...
68An offence under section 3 of that Act (procurement of...
69An offence under section 4 of that Act (administering drugs...
70An offence under section 5 of that Act (intercourse with...
71An offence under section 6 of that Act (intercourse with...
72An offence under section 7 of that Act (intercourse with...
73An offence under section 9 of that Act (procurement of...
74An offence under section 10 of that Act (incest by...
75An offence under section 11 of that Act (incest by...
76An offence under section 14 of that Act (indecent assault...
77An offence under section 15 of that Act (indecent assault...
78An offence under section 16 of that Act (assault with...
79An offence under section 17 of that Act (abduction of...
80An offence under section 19 of that Act (abduction of...
81An offence under section 20 of that Act (abduction of...
82An offence under section 21 of that Act (abduction of...
83An offence under section 22 of that Act (causing prostitution...
84An offence under section 23 of that Act (procuration of...
85An offence under section 24 of that Act (detention of...
86An offence under section 25 of that Act (permitting girl...
87An offence under section 26 of that Act (permitting girl...
88An offence under section 27 of that Act (permitting defective...
89An offence under section 28 of that Act (causing or...
90An offence under section 29 of that Act (causing or...
91An offence under section 32 of that Act (soliciting by...
92. . . . . . . . . ....
92AAn offence under section 33A of that Act (keeping a...
93An offence under section 128 of the Mental Health Act...
94An offence under section 1 of the Indecency with Children...
95An offence under section 4 of the Sexual Offences Act...
96An offence under section 5 of that Act (living on...
97An offence under section 9 of the Theft Act 1968...
98An offence under section 54 of the Criminal Law Act...
99An offence under section 1 of the Protection of Children...
100An offence under section 170 of the Customs and Excise...
101An offence under section 160 of the Criminal Justice Act...
102An offence under section 1 of the Sexual Offences Act...
103An offence under section 2 of that Act (assault by...
104An offence under section 3 of that Act (sexual assault)....
105An offence under section 4 of that Act (causing a...
106An offence under section 5 of that Act (rape of...
107An offence under section 6 of that Act (assault of...
108An offence under section 7 of that Act (sexual assault...
109An offence under section 8 of that Act (causing or...
110An offence under section 9 of that Act (sexual activity...
111An offence under section 10 of that Act (causing or...
112An offence under section 11 of that Act (engaging in...
113An offence under section 12 of that Act (causing a...
114An offence under section 13 of that Act (child sex...
115An offence under section 14 of that Act (arranging or...
116An offence under section 15 of that Act (meeting a...
116AAn offence under section 15A of that Act (sexual communication...
117An offence under section 16 of that Act (abuse of...
118An offence under section 17 of that Act (abuse of...
119An offence under section 18 of that Act (abuse of...
120An offence under section 19 of that Act (abuse of...
121An offence under section 25 of that Act (sexual activity...
122An offence under section 26 of that Act (inciting a...
123An offence under section 30 of that Act (sexual activity...
124An offence under section 31 of that Act (causing or...
125An offence under section 32 of that Act (engaging in...
126An offence under section 33 of that Act (causing a...
127An offence under section 34 of that Act (inducement, threat...
128An offence under section 35 of that Act (causing a...
129An offence under section 36 of that Act (engaging in...
130An offence under section 37 of that Act (causing a...
131An offence under section 38 of that Act (care workers:...
132An offence under section 39 of that Act (care workers:...
133An offence under section 40 of that Act (care workers:...
134An offence under section 41 of that Act (care workers:...
135An offence under section 47 of that Act (paying for...
136An offence under section 48 of that Act (causing or...
137An offence under section 49 of that Act (controlling a...
138An offence under section 50 of that Act (arranging or...
139An offence under section 52 of that Act (causing or...
140An offence under section 53 of that Act (controlling prostitution...
141An offence under section 57 of that Act (trafficking into...
142An offence under section 58 of that Act (trafficking within...
143An offence under section 59 of that Act (trafficking out...
143AAn offence under section 59A of that Act (trafficking for...
144An offence under section 61 of that Act (administering a...
145An offence under section 62 of that Act (committing an...
146An offence under section 63 of that Act (trespass with...
147An offence under section 64 of that Act (sex with...
148An offence under section 65 of that Act (sex with...
149An offence under section 66 of that Act (exposure).
150An offence under section 67 of that Act (voyeurism).
151An offence under section 69 of that Act (intercourse with...
152An offence under section 70 of that Act (sexual penetration...
152AAn offence under section 2 of the Modern Slavery Act...
153(1) Aiding, abetting, counselling or procuring the commission of an...
SCHEDULE 15AOffences specified for the purposes of sections 225(3A) and 227(2A)
Part 1Offences under the law of England and Wales
1Offences specified for the purposes of sections 225(3A) and 227(2A)
2Offences specified for the purposes of sections 225(3A) and 227(2A)
3Offences specified for the purposes of sections 225(3A) and 227(2A)
4Offences specified for the purposes of sections 225(3A) and 227(2A)
5Offences specified for the purposes of sections 225(3A) and 227(2A)
6Offences specified for the purposes of sections 225(3A) and 227(2A)
7Offences specified for the purposes of sections 225(3A) and 227(2A)
8Offences specified for the purposes of sections 225(3A) and 227(2A)
9Offences specified for the purposes of sections 225(3A) and 227(2A)
10Offences specified for the purposes of sections 225(3A) and 227(2A)
11Offences specified for the purposes of sections 225(3A) and 227(2A)
12Offences specified for the purposes of sections 225(3A) and 227(2A)
13Offences specified for the purposes of sections 225(3A) and 227(2A)
14Offences specified for the purposes of sections 225(3A) and 227(2A)
15Offences specified for the purposes of sections 225(3A) and 227(2A)
16Offences specified for the purposes of sections 225(3A) and 227(2A)
17Offences specified for the purposes of sections 225(3A) and 227(2A)
18Offences specified for the purposes of sections 225(3A) and 227(2A)
19Offences specified for the purposes of sections 225(3A) and 227(2A)
20Offences specified for the purposes of sections 225(3A) and 227(2A)
21Offences specified for the purposes of sections 225(3A) and 227(2A)
22Offences specified for the purposes of sections 225(3A) and 227(2A)
23Offences specified for the purposes of sections 225(3A) and 227(2A)
Part 2Offences under the law of Scotland
24Offences specified for the purposes of sections 225(3A) and 227(2A)
25Offences specified for the purposes of sections 225(3A) and 227(2A)
26Offences specified for the purposes of sections 225(3A) and 227(2A)
27Offences specified for the purposes of sections 225(3A) and 227(2A)
28Offences specified for the purposes of sections 225(3A) and 227(2A)
29Offences specified for the purposes of sections 225(3A) and 227(2A)
30Offences specified for the purposes of sections 225(3A) and 227(2A)
31Offences specified for the purposes of sections 225(3A) and 227(2A)
32Offences specified for the purposes of sections 225(3A) and 227(2A)
33Offences specified for the purposes of sections 225(3A) and 227(2A)
34Offences specified for the purposes of sections 225(3A) and 227(2A)
35Offences specified for the purposes of sections 225(3A) and 227(2A)
Part 3Offences under the law of Northern Ireland
36Offences specified for the purposes of sections 225(3A) and 227(2A)
37Offences specified for the purposes of sections 225(3A) and 227(2A)
38Offences specified for the purposes of sections 225(3A) and 227(2A)
39Offences specified for the purposes of sections 225(3A) and 227(2A)
40Offences specified for the purposes of sections 225(3A) and 227(2A)
41Offences specified for the purposes of sections 225(3A) and 227(2A)
42Offences specified for the purposes of sections 225(3A) and 227(2A)
43Offences specified for the purposes of sections 225(3A) and 227(2A)
44Offences specified for the purposes of sections 225(3A) and 227(2A)
45Offences specified for the purposes of sections 225(3A) and 227(2A)
46Offences specified for the purposes of sections 225(3A) and 227(2A)
47Offences specified for the purposes of sections 225(3A) and 227(2A)
48Offences specified for the purposes of sections 225(3A) and 227(2A)
49Offences specified for the purposes of sections 225(3A) and 227(2A)
49AOffences specified for the purposes of sections 225(3A) and 227(2A)
49BOffences specified for the purposes of sections 225(3A) and 227(2A)
49COffences specified for the purposes of sections 225(3A) and 227(2A)
49DOffences specified for the purposes of sections 225(3A) and 227(2A)
49EOffences specified for the purposes of sections 225(3A) and 227(2A)
49FOffences specified for the purposes of sections 225(3A) and 227(2A)
49GOffences specified for the purposes of sections 225(3A) and 227(2A)
49HOffences specified for the purposes of sections 225(3A) and 227(2A)
49IOffences specified for the purposes of sections 225(3A) and 227(2A)
49JOffences specified for the purposes of sections 225(3A) and 227(2A)
49KOffences specified for the purposes of sections 225(3A) and 227(2A)
49LOffences specified for the purposes of sections 225(3A) and 227(2A)
50Offences specified for the purposes of sections 225(3A) and 227(2A)
Part 4Offences under service law
51Offences specified for the purposes of sections 225(3A) and 227(2A)
52Offences specified for the purposes of sections 225(3A) and 227(2A)
Part 5Interpretation
53Offences specified for the purposes of sections 225(3A) and 227(2A)
SCHEDULE 15BOffences listed for the purposes of sections 224A, 226A and 246A
Part 1Offences under the law of England and Wales listed for the purposes of sections 224A(1), 224A(4), 226A and 246A
1Manslaughter.
2An offence under section 4 of the Offences against the...
3An offence under section 18 of that Act (wounding with...
3AAn offence under section 28 of that Act (causing bodily...
3BAn offence under section 29 of that Act (using explosives...
3CAn offence under section 2 of the Explosive Substances Act...
3DAn offence under section 3 of that Act (attempt to...
3EAn offence under section 4 of that Act (making or...
4An offence under section 16 of the Firearms Act 1968...
5An offence under section 17(1) of that Act (use of...
6An offence under section 18 of that Act (carrying a...
7An offence of robbery under section 8 of the Theft...
8An offence under section 1 of the Protection of Children...
8AAn offence under section 54 of the Terrorism Act 2000...
9An offence under section 56 of that Act (directing terrorist...
10An offence under section 57 of that Act (possession of...
11An offence under section 59 of that Act (inciting terrorism...
12An offence under section 47 of the Anti-terrorism, Crime and...
13An offence under section 50 of that Act (assisting or...
14An offence under section 113 of that Act (use of...
15An offence under section 1 of the Sexual Offences Act...
16An offence under section 2 of that Act (assault by...
17An offence under section 4 of that Act (causing a...
18An offence under section 5 of that Act (rape of...
19An offence under section 6 of that Act (assault of...
20An offence under section 7 of that Act (sexual assault...
21An offence under section 8 of that Act (causing or...
22An offence under section 9 of that Act (sexual activity...
23An offence under section 10 of that Act (causing or...
24An offence under section 11 of that Act (engaging in...
25An offence under section 12 of that Act (causing a...
26An offence under section 14 of that Act (arranging or...
27An offence under section 15 of that Act (meeting a...
28An offence under section 25 of that Act (sexual activity...
29An offence under section 26 of that Act (inciting a...
30An offence under section 30 of that Act (sexual activity...
31An offence under section 31 of that Act (causing or...
32An offence under section 34 of that Act (inducement, threat...
33An offence under section 35 of that Act (causing a...
34An offence under section 47 of that Act (paying for...
35An offence under section 48 of that Act (causing or...
36An offence under section 49 of that Act (controlling a...
37An offence under section 50 of that Act (arranging or...
38An offence under section 62 of that Act (committing an...
39An offence under section 5 of the Domestic Violence, Crime...
40An offence under section 5 of the Terrorism Act 2006...
40AAn offence under section 6 of that Act (training for...
41An offence under section 9 of that Act (making or...
42An offence under section 10 of that Act (misuse of...
43An offence under section 11 of that Act (terrorist threats...
43AAn offence under section 1 of the Modern Slavery Act...
43BAn offence under section 2 of that Act (human trafficking)....
44(1) An attempt to commit an offence specified in the...
Part 2Further offences under the law of England and Wales listed for the purposes of sections 224A(4), 226A and 246A
45Murder.
46(1) Any offence that— (a) was abolished (with or without...
Part 3Offences under service law listed for the purposes of sections 224A(4), 226A and 246A
47An offence under section 70 of the Army Act 1955,...
48(1) An offence under section 42 of the Armed Forces...
Part 4Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A
49A civilian offence for which the person was convicted in...
49AA member State service offence which, if committed in England...
49BIn this Part of this Schedule— “ civilian offence ”...
Part 5Interpretation
50In this Schedule “ imprisonment for life ” includes custody...
SCHEDULE 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
SCHEDULE 17
Part 1Violent offences
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
60A
61
62
Part 2Sexual offences
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
SCHEDULE 18Release of prisoners serving sentences of imprisonment or detention for public protection
Release on licence
1(1) Section 31 of the Crime (Sentences) Act 1997 (c....
2After that section there is inserted— Imprisonment or detention for...
3In section 34(2) of that Act (meaning of “life sentence”),...
Determination of tariffs
4Release of prisoners serving sentences of imprisonment or detention for public protection
SCHEDULE 18ASentence under section 236A: offences
Terrorism offences
1An offence under section 4 of the Offences against the...
2An offence under section 28 of that Act (causing bodily...
3An offence under section 29 of that Act (using explosives...
4An offence under section 2 of the Explosive Substances Act...
5An offence under section 3 of that Act (attempt to...
6An offence under section 4 of that Act (making or...
7An offence under section 54 of the Terrorism Act 2000...
8An offence under section 56 of that Act (directing terrorist...
9An offence under section 57 of that Act (possession of...
10An offence under section 59 of that Act (inciting terrorism...
11An offence under section 47 of the Anti-terrorism, Crime and...
12An offence under section 50 of that Act (assisting or...
13An offence under section 113 of that Act (use of...
14An offence under section 5 of the Terrorism Act 2006...
15An offence under section 6 of that Act (training for...
16An offence under section 9 of that Act (making or...
17An offence under section 10 of that Act (use of...
18An offence under section 11 of that Act (terrorist threats...
Sexual offences
19An offence under section 5 of the Sexual Offences Act...
20An offence under section 6 of that Act (assault of...
Accessories and inchoate offences
21(1) Aiding, abetting, counselling or procuring the commission of an...
22An offence in the following list that has a terrorist...
Abolished offences
23An offence that— (a) was abolished before the coming into...
Meaning of “terrorist connection”
24For the purposes of this Schedule, an offence has a...
SCHEDULE 19The Parole Board: supplementary provisions
Status and Capacity
1(1) The Board is not to be regarded as the...
Membership
2(1) The Board is to consist of a chairman and...
Payments to members
3(1) The Board may pay to each member such remuneration...
Proceedings
4(1) Subject to the provisions of section 239(5), the arrangements...
Staff
5(1) The Board may appoint such number of employees as...
6(1) Employment with the Board shall continue to be included...
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 is to...
Presumption of authenticity of documents issued by Board
9Any document purporting to be an instrument issued by the...
Accounts and audit
10(1) It is the duty of the Board—
Reports
11The Board must as soon as practicable after the end...
SCHEDULE 19ASupervision default orders
PART 1Requirements etc
Application of provisions of Chapter 4 of Part 12
1The provisions of Chapter 4 of Part 12 listed in...
2Those provisions are— (a) section 199(1) to (3) (unpaid work...
3(1) The modifications mentioned in paragraph 1 are as follows....
Powers of Secretary of State in relation to provisions of Chapter 4 of Part 12
4The Secretary of State's power to make orders under section...
5(1) The Secretary of State's power to make rules under...
6The Secretary of State may by order amend paragraph 3(2)...
PART 2Breach, revocation or amendment
Proceedings for breach
7(1) If the supervisor in relation to a person subject...
Issue of summons or warrant by justice of the peace
8(1) If at any time while a supervision default order...
Powers of magistrates' court to deal with breach
9(1) This paragraph applies if it is proved to the...
Amendment or revocation of order by magistrates' court
10(1) Where a person is subject to a supervision default...
Amendment of local justice area specified in order
11(1) This paragraph applies where, at any time while a...
Revocation of order on imposition of further sentence
12(1) This paragraph applies where— (a) the Crown Court or...
13Where— (a) the Crown Court or a magistrates' court orders...
SCHEDULE 20Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
SCHEDULE 20AApplication of Chapter 6 of Part 12 to pre-4 April 2005 cases
1In this Schedule— “ the 1991 Act ” means the...
2Paragraphs 3 to 9 apply in relation to any person...
3(1) Any relevant period is to be treated, for the...
4(1) Section 246(4) applies as if— (a) the reference in...
5(1) Where the person has been released on licence under...
6(1) Where a person has been recalled under Part 2...
7Rules made by virtue of section 42 of the 1991...
8(1) A person removed from prison under section 46A of...
8ASection 268(1A) (definition of “the requisite custodial period”) has effect...
9An order made under section 47 of the 1991 Act...
10Section 264 applies as if the definition of “custodial period”...
SCHEDULE 20BModifications of Chapter 6 of Part 12 in certain transitional cases
Part 1Introductory
Interpretation
1(1) The following provisions apply for the purposes of this...
Explanation of dates
2The following dates (which are mentioned in this Schedule) are...
Part 2Prisoners serving 1991 Act sentences etc
3(1) This Part applies to certain persons serving a 1991...
Duty to release on licence at two-thirds of sentence
4(1) This paragraph applies to a person in relation to...
5(1) As soon as a person to whom paragraph 4...
Duty to release on direction of Parole Board
6(1) After a person to whom paragraph 4 applies has...
Release on licence at one-half of sentence: section 85 extended sentence prisoners
7(1) This paragraph applies to a person if—
8(1) As soon as a person to whom paragraph 7...
Duty to release unconditionally at three-quarters of sentence
9(1) This paragraph applies to a person if—
10As soon as a person to whom paragraph 9 applies...
Duty to release on licence at three-quarters of sentence
11(1) This paragraph applies to a person who—
12As soon as a person to whom paragraph 11 applies...
Release on licence: re-release of section 85 extended sentence prisoners
13(1) This paragraph applies to a person who—
14(1) If a person to whom paragraph 13 applies is...
Release of section 227 or 228 extended sentence prisoners: Parole Board direction
15(1) This paragraph applies to a person (“P”) who is...
Licence to remain in force to three-quarters of sentence
16(1) This paragraph applies to a person to whom paragraph...
17(1) Where a person to whom paragraph 16 applies is...
Period for which licence to remain in force: section 85 extended sentence prisoners
18This paragraph applies to a person who—
19(1) Where a person to whom paragraph 18 applies is...
Concurrent or consecutive terms
20Paragraphs 21 and 22 apply where a person (“P”) is...
21(1) This paragraph applies if each of the sentences is...
22(1) This paragraph applies where two or more sentences are...
Part 3Prisoners serving 1967 Act sentences
23(1) This Part applies to certain persons serving a 1967...
Sentence of more than 12 months imposed before 1 October 1992
24(1) This paragraph applies to a person if—
25(1) It is the duty of the Secretary of State...
26(1) Where a person to whom paragraph 24 applies is...
Extended sentence of more than 12 months imposed before 1 October 1992
27(1) This paragraph applies to a person if—
28(1) It is the duty of the Secretary of State...
Additional days
29(1) Prison rules made by virtue of section 257 may...
Concurrent or consecutive terms
30Paragraphs 31 to 33 apply where a person (“P”) is...
31(1) This paragraph applies where each of the sentences is...
32(1) This paragraph applies where— (a) one or more of...
33(1) This paragraph applies where two or more sentences are...
Part 4Provisions applying generally
Licence conditions
34(1) This paragraph applies to any licence (a “Parole Board...
Fine defaulters and contemnors
35(1) This paragraph applies to any person if—
Early removal of prisoners liable to removal from UK
36(1) This paragraph applies to any person who—
37(1) If a person to whom paragraph 36 applies—
SCHEDULE 21Determination of minimum term in relation to mandatory life sentence
Interpretation
1In this Schedule— “child” means a person under 18 years;...
2Section 28 of the Crime and Disorder Act 1998 (c....
3For the purposes of this Schedule— (a) an offence is...
Starting points
4(1) If— (a) the court considers that the seriousness of...
5(1) If— (a) the case does not fall within paragraph...
5A(1) If— (a) the case does not fall within paragraph...
6If the offender was aged 18 or over when he...
7If the offender was aged under 18 when he committed...
Aggravating and mitigating factors
8Having chosen a starting point, the court should take into...
9Detailed consideration of aggravating or mitigating factors may result in...
10Aggravating factors (additional to those mentioned in paragraph 4(2) ,...
11Mitigating factors that may be relevant to the offence of...
12Nothing in this Schedule restricts the application of—
SCHEDULE 22Mandatory life sentences: transitional cases
Interpretation
1In this Schedule— “the commencement date” means the day on...
Existing prisoners notified by Secretary of State
2Paragraph 3 applies in relation to any existing prisoner who,...
3(1) On the application of the existing prisoner, the High...
4(1) In dealing with an application under paragraph 3, the...
Existing prisoners not notified by Secretary of State
5Paragraph 6 applies in relation to any existing prisoner who,...
6The Secretary of State must refer the prisoner’s case to...
7In considering under subsection (3) or (4) of section 269...
8In dealing with a reference under paragraph 6, the High...
Sentences passed on or after commencement date in respect of offences committed before that date
9Paragraph 10 applies where— (a) on or after the commencement...
10The court— (a) may not make an order under subsection...
Proceedings in High Court
11(1) An application under paragraph 3 or a reference under...
Giving of reasons
12(1) Where the High Court makes an order under paragraph...
13Where the High Court makes an order under subsection (2)...
Right of appeal
14(1) A person who has made an application under paragraph...
Review of minimum term on reference by Attorney General
15Section 36 of the Criminal Justice Act 1988 (c. 33)...
Modification of early release provisions
16(1) In relation to an existing prisoner, section 28 of...
17In section 34(1) of the Crime (Sentences) Act 1997 (c....
Transferred life prisoners
18In relation to an existing prisoner who immediately before the...
SCHEDULE 23Deferment of sentence
1For sections 1 and 2 of the Sentencing Act (deferment...
2In section 159 of the Sentencing Act (execution of process...
SCHEDULE 24
1
2
3
SCHEDULE 25Summary offences no longer punishable with imprisonment
Vagrancy Act 1824 (c. 83)
1The offence under section 3 of the Vagrancy Act 1824...
2The following offences under section 4 of that Act (rogues...
Railway Regulation Act 1842 (c. 55)
3An offence under section 17 of the Railway Regulation Act...
London Hackney Carriages Act 1843 (c. 86)
4An offence under section 28 of the London Hackney Carriages...
Town Police Clauses Act 1847 (c. 89)
5An offence under section 26 of the Town Police Clauses...
6An offence under section 28 of that Act (offences relating...
7An offence under section 29 of that Act (drunken persons,...
8An offence under section 36 of that Act (keeping places...
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)
9An offence under section 2 of the Ecclesiastical Courts Jurisdiction...
Town Gardens Protection Act 1863 (c. 13)
10An offence under section 5 of the Town Gardens Protection...
Public Stores Act 1875 (c. 25)
11An offence under section 8 of the Public Stores Act...
North Sea Fisheries Act 1893 (c. 17)
12Summary offences no longer punishable with imprisonment
13Summary offences no longer punishable with imprisonment
Seamen’s and Soldiers' False Characters Act 1906 (c. 5)
14Summary offences no longer punishable with imprisonment
Aliens Restriction (Amendment) Act 1919 (c. 92)
15An offence under section 3(2) of the Aliens Restriction (Amendment)...
Children and Young Persons Act 1933 (c. 12)
16An offence under section 4 of the Children and Young...
Protection of Animals Act 1934 (c. 21)
17An offence under section 2 of the Protection of Animals...
Public Health Act 1936 (c. 49)
18An offence under section 287 of the Public Health Act...
Essential Commodities Reserves Act 1938 (c. 51)
19An offence under section 4(2) of the Essential Commodities Reserves...
London Building Acts (Amendment) Act 1939 (c. xcvii)
20An offence under section 142 of the London Building Acts...
Cancer Act 1939 (c. 13)
21An offence under section 4 of the Cancer Act 1939...
Civil Defence Act 1939 (c. 31)
22An offence under section 77 of the Civil Defence Act...
Hill Farming Act 1946 (c. 73)
23An offence under section 19(2) or (3) of the Hill...
Polish Resettlement Act 1947 (c. 19)
24An offence under paragraph 7 of the Schedule to the...
Agriculture Act 1947 (c. 48)
25An offence under section 14(7) of the Agriculture Act 1947,...
26An offence under section 95 of that Act (failure to...
Civil Defence Act 1948 (c. 5)
27An offence under section 4 of the Civil Defence Act...
Agricultural Wages Act 1948 (c. 47)
28An offence under section 12 of the Agricultural Wages Act...
Wireless Telegraphy Act 1949 (c. 54)
29Summary offences no longer punishable with imprisonment
Prevention of Damage by Pests Act 1949 (c. 55)
30An offence under section 22(5) of the Prevention of Damage...
Coast Protection Act 1949 (c. 74)
31An offence under section 25(9) of the Coast Protection Act...
Pet Animals Act 1951 (c. 35)
32An offence under the Pet Animals Act 1951 (offences relating...
Cockfighting Act 1952 (c. 59)
33An offence under section 1 of the Cockfighting Act 1952...
Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)
34An offence under the Agricultural Land (Removal of Surface Soil)...
Accommodation Agencies Act 1953 (c. 23)
35An offence under section 1 of the Accommodation Agencies Act...
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
36Summary offences no longer punishable with imprisonment
37Summary offences no longer punishable with imprisonment
38Summary offences no longer punishable with imprisonment
39Summary offences no longer punishable with imprisonment
40Summary offences no longer punishable with imprisonment
41Summary offences no longer punishable with imprisonment
42Summary offences no longer punishable with imprisonment
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
43Summary offences no longer punishable with imprisonment
44Summary offences no longer punishable with imprisonment
45Summary offences no longer punishable with imprisonment
46Summary offences no longer punishable with imprisonment
47Summary offences no longer punishable with imprisonment
48Summary offences no longer punishable with imprisonment
49Summary offences no longer punishable with imprisonment
Naval Discipline Act 1957 (c. 53)
50Summary offences no longer punishable with imprisonment
51Summary offences no longer punishable with imprisonment
Agricultural Marketing Act 1958 (c. 47)
52An offence under section 45 of the Agricultural Marketing Act...
Rivers (Prevention of Pollution) Act 1961 (c. 50)
53An offence under section 12(1) of the Rivers (Prevention of...
Betting, Gaming and Lotteries Act 1963 (c. 2)
54Summary offences no longer punishable with imprisonment
Children and Young Persons Act 1963 (c. 37)
55An offence under section 40 of the Children and Young...
Animal Boarding Establishments Act 1963 (c. 43)
56An offence under the Animal Boarding Establishments Act 1963 (offences...
Agriculture and Horticulture Act 1964 (c. 28)
57An offence under Part 3 of the Agriculture and Horticulture...
Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60)
58An offence under paragraph 1(3) or 2(4) of Schedule 1...
Riding Establishments Act 1964 (c. 70)
59An offence under the Riding Establishments Act 1964 (offences relating...
Industrial and Provident Societies Act 1965 (c. 12)
60An offence under section 16 of the Industrial and Provident...
61An offence under section 48 of that Act (production of...
Cereals Marketing Act 1965 (c. 14)
62An offence under section 17(1) of the Cereals Marketing Act...
Gas Act 1965 (c. 36)
63An offence under paragraph 9 of Schedule 6 to the...
Armed Forces Act 1966 (c. 45)
64An offence under section 8 of the Armed Forces Act...
Agriculture Act 1967 (c. 22)
65An offence under section 6(9) of the Agriculture Act 1967...
66An offence under section 14(2) of that Act (levy schemes:...
67An offence under section 69 of that Act (false statements...
Sea Fisheries (Shellfish) Act 1967 (c. 83)
68An offence under section 14(2) of the Sea Fisheries (Shellfish)...
Theatres Act 1968 (c. 54)
69An offence under section 13(1) or (2) of the Theatres...
Theft Act 1968 (c. 60)
70Summary offences no longer punishable with imprisonment
Agriculture Act 1970 (c. 40)
71An offence under section 106(8) of the Agriculture Act 1970...
Breeding of Dogs Act 1973 (c. 60)
72An offence under the Breeding of Dogs Act 1973 (offences...
Slaughterhouses Act 1974 (c. 3)
73An offence under section 4(5) of the Slaughterhouses Act 1974...
National Health Service Act 1977 (c. 49)
74Summary offences no longer punishable with imprisonment
Magistrates' Courts Act 1980 (c. 43)
75An offence under section 84(3) of the Magistrates' Courts Act...
Animal Health Act 1981 (c. 22)
76An offence under paragraph 6 of Schedule 1 to the...
Fisheries Act 1981 (c. 29)
77An offence under section 5(4) of the Fisheries Act 1981...
Civil Aviation Act 1982 (c. 16)
78An offence under section 82 of the Civil Aviation Act...
Mental Health Act 1983 (c. 20)
79An offence under section 103 of the Mental Health Act...
80An offence under section 129 of that Act (obstruction).
Building Act 1984 (c. 55)
81An offence under section 96(3) of the Building Act 1984...
Surrogacy Arrangements Act 1985 (c. 49)
82An offence under section 2 of the Surrogacy Arrangements Act...
Animals (Scientific Procedures) Act 1986 (c. 14)
83An offence under section 22(3), 23 or 25(3) of the...
Motor Cycle Noise Act 1987 (c. 34)
84An offence under paragraph 1 of Schedule 1 to the...
Human Organ Transplants Act 1989 (c. 31)
85An offence under section 2 of the Human Organ Transplants...
Town and Country Planning Act 1990 (c. 8)
86An offence under paragraph 14(4) of Schedule 15 to the...
Environmental Protection Act 1990 (c. 43)
87An offence under section 118(1)(g), (h) or (i) of the...
Criminal Justice Act 1991 (c. 53)
88An offence under section 20A of the Criminal Justice Act...
Deer Act 1991 (c. 54)
89An offence under section 10(3) of the Deer Act 1991...
Water Industry Act 1991 (c. 56)
90An offence under section 206(2) of the Water Industry Act...
91An offence that falls within paragraph 5(5) of Schedule 6...
Social Security Administration Act 1992 (c. 5)
92An offence under section 105 of the Social Security Administration...
93An offence under section 182 of that Act (illegal possession...
Local Government Finance Act 1992 (c. 14)
94An offence under section 27(5) of the Local Government Finance...
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
95An offence under section 240 of the Trade Union and...
Merchant Shipping Act 1995 (c. 21)
96An offence under section 57 of the Merchant Shipping Act...
Reserve Forces Act 1996 (c. 14)
97An offence under section 75(5) of the Reserve Forces Act...
98An offence under section 82(1) of that Act (offences in...
99An offence under section 87(1) of that Act (offences in...
100An offence under section 99 of that Act (false pretence...
101An offence under paragraph 5(1) of Schedule 1 to that...
Housing Act 1996 (c. 52)
102An offence under paragraph 23 or 24 of Schedule 1...
Broadcasting Act 1996 (c. 55)
103An offence under section 144 of the Broadcasting Act 1996...
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
104An offence under section 8 or 9(6) of the Breeding...
Transport Act 2000 (c. 38)
105An offence under section 82(2) of the Transport Act 2000...
SCHEDULE 26Increase in maximum term for certain summary offences
Railway Regulation Act 1840 (c. 97)
1In section 16 of the Railway Regulation Act 1840 (obstructing...
Licensing Act 1872 (c. 94)
2In section 12 of the Licensing Act 1872 (penalty for...
Regulation of Railways Act 1889 (c. 57)
3In section 5 of the Regulation of Railways Act 1889...
Witnesses (Public Inquiries) Protection Act 1892 (c. 64)
4In section 2 of the Witnesses (Public Inquiries) Protection Act...
Licensing Act 1902 (c. 28)
5In section 2 of the Licensing Act 1902 (penalty for...
Emergency Powers Act 1920 (c. 55)
6In section 2 of the Emergency Powers Act 1920 (emergency...
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
7In section 1 of the Judicial Proceedings (Regulation of Reports)...
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
8In section 7 of the Public Order Act 1936 (enforcement),...
Cinematograph Films (Animals) Act 1937 (c. 59)
9In section 1 of the Cinematograph Films (Animals) Act 1937...
House to House Collections Act 1939 (c. 44)
10In section 8 of the House to House Collections Act...
Fire Services Act 1947 (c. 41)
11In section 31 of the Fire Services Act 1947 (false...
National Assistance Act 1948 (c. 29)
12(1) The National Assistance Act 1948 is amended as follows....
Docking and Nicking of Horses Act 1949 (c. 70)
13(1) The Docking and Nicking of Horses Act 1949 is...
Protection of Animals (Amendment) Act 1954 (c. 40)
14In section 2 of the Protection of Animals (Amendment) Act...
Children and Young Persons (Harmful Publications) Act 1955 (c. 28)
15In section 2 of the Children and Young Persons (Harmful...
Agriculture Act 1957 (c. 57)
16In section 7 of the Agriculture Act 1957 (penalties)—
Animals (Cruel Poisons) Act 1962 (c. 26)
17In section 1 of the Animals (Cruel Poisons) Act 1962...
Plant Varieties and Seeds Act 1964 (c. 14)
18In section 27 of the Plant Varieties and Seeds Act...
Agriculture Act 1967 (c. 22)
19Increase in maximum term for certain summary offences
Firearms Act 1968 (c. 27)
20(1) Part 1 of Schedule 6 to the Firearms Act...
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
21In section 7 of the Agriculture (Miscellaneous Provisions) Act 1968...
Agriculture Act 1970 (c. 40)
22(1) The Agriculture Act 1970 is amended as follows.
Slaughterhouses Act 1974 (c. 3)
23(1) The Slaughterhouses Act 1974 is amended as follows.
Criminal Law Act 1977 (c. 45)
24In section 8 of the Criminal Law Act 1977 (trespassing...
Refuse Disposal (Amenity) Act 1978 (c. 3)
25In section 2 of the Refuse Disposal (Amenity) Act 1978...
Customs and Excise Management Act 1979 (c. 2)
26(1) The Customs and Excise Management Act 1979 is amended...
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
27In section 2 of the Licensed Premises (Exclusion of Certain...
Criminal Attempts Act 1981 (c. 47)
28In section 9 of the Criminal Attempts Act 1981 (interference...
British Nationality Act 1981 (c. 61)
29In section 46 of the British Nationality Act 1981 (offences...
Civil Aviation Act 1982 (c. 16)
30(1) The Civil Aviation Act 1982 is amended as follows....
Anatomy Act 1984 (c. 14)
31In section 11 of the Anatomy Act 1984 (offences), in...
Public Health (Control of Disease) Act 1984 (c. 22)
32(1) The Public Health (Control of Disease) Act 1984 is...
County Courts Act 1984 (c. 28)
33(1) The County Courts Act 1984 is amended as follows....
Animal Health and Welfare Act 1984 (c. 40)
34In section 10 of the Animal Health and Welfare Act...
Police and Criminal Evidence Act 1984 (c. 60)
35In section 63C of the Police and Criminal Evidence Act...
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
36In section 8 of the Sporting Events (Control of Alcohol...
Public Order Act 1986 (c. 64)
37(1) The Public Order Act 1986 is amended as follows....
Road Traffic Offenders Act 1988 (c. 53)
38(1) Part 1 of Schedule 2 to the Road Traffic...
Official Secrets Act 1989 (c. 6)
39In section 10 of the Official Secrets Act 1989 (penalties),...
Human Organ Transplants Act 1989 (c. 31)
40In section 1 of the Human Organ Transplants Act 1989...
Football Spectators Act 1989 (c. 37)
41Increase in maximum term for certain summary offences
Food Safety Act 1990 (c. 16)
42In section 35 of the Food Safety Act 1990 (punishment...
Deer Act 1991 (c. 54)
43In section 9 of the Deer Act 1991 (penalties for...
Social Security Administration Act 1992 (c. 5)
44In section 112 of the Social Security Administration Act 1992...
Criminal Justice and Public Order Act 1994 (c. 33)
45(1) The Criminal Justice and Public Order Act 1994 is...
London Local Authorities Act 1995 (c. x)
46In section 24 of the London Local Authorities Act 1995...
Police Act 1996 (c. 16)
47In section 89 of the Police Act 1996 (assaults on...
Treasure Act 1996 (c. 24)
48In section 8 of the Treasure Act 1996 (duty of...
Education Act 1996 (c. 56)
49(1) The Education Act 1996 is amended as follows.
Government of Wales Act 1998 (c. 38)
50Increase in maximum term for certain summary offences
Access to Justice Act 1999 (c. 22)
51In section 21 of the Access to Justice Act 1999...
Greater London Authority Act 1999 (c. 29)
52In section 64 of the Greater London Authority Act 1999...
Immigration and Asylum Act 1999 (c. 33)
53(1) The Immigration and Asylum Act 1999 is amended as...
Financial Services and Markets Act 2000 (c. 8)
54(1) The Financial Services and Markets Act 2000 is amended...
Terrorism Act 2000 (c. 11)
55(1) The Terrorism Act 2000 is amended as follows.
Criminal Justice and Police Act 2001 (c. 16)
56(1) The Criminal Justice and Police Act 2001 is amended...
Police Reform Act 2002 (c. 30)
57In section 46 of the Police Reform Act 2002 (offences...
Nationality, Immigration and Asylum Act 2002 (c. 41)
58In section 137 of the Nationality, Immigration and Asylum Act...
Anti-social Behaviour Act 2003 (c. 38)
59In section 40 of the Anti-social Behaviour Act 2003 (closure...
SCHEDULE 27Enabling powers: alteration of maximum penalties etc.
Plant Health Act 1967 (c. 8)
1(1) Section 3 of the Plant Health Act 1967 (control...
Agriculture Act 1967 (c. 22)
2. . . . . . . . . ....
European Communities Act 1972 (c. 68)
3(1) Paragraph 1 of Schedule 2 to the European Communities...
Slaughterhouses Act 1974 (c. 3)
4In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties...
Anatomy Act 1984 (c. 14)
5(1) Section 11 of the Anatomy Act 1984 (offences) is...
Environmental Protection Act 1990 (c. 43)
6(1) Section 141 of the Environmental Protection Act 1990 (power...
Scotland Act 1998 (c. 46)
7(1) Section 113 of the Scotland Act 1998 (subordinate legislation:...
Regulatory Reform Act 2001 (c. 6)
8. . . . . . . . . ....
SCHEDULE 28Increase in penalties for drug-related offences
Misuse of Drugs Act 1971 (c. 38)
1(1) Schedule 4 to the Misuse of Drugs Act 1971...
Customs and Excise Management Act 1979 (c. 2)
2In Schedule 1 to the Customs and Excise Management Act...
Criminal Justice (International Co-operation) Act 1990 (c. 5)
3In section 19 of the Criminal Justice (International Co-operation) Act...
SCHEDULE 29
1
2
3
4
5
6
SCHEDULE 30Disqualification from working with children
1The Criminal Justice and Court Services Act 2000 (c. 43)...
2After section 29 there is inserted— Disqualification at discretion of...
3(1) Section 30 (supplemental provisions) is amended as follows.
4In section 31 (appeals), in subsection (1), after paragraph (b)...
5(1) Section 33 (conditions for application under section 32) is...
SCHEDULE 31Default orders: modification of provisions relating to community orders
General
1Any reference to the offender is, in relation to a...
Unpaid work requirement
2(1) In its application to a default order, paragraph 2...
Curfew requirement
3(1) In its application to a default order, paragraph 9...
Attendance centre requirement
3AIn its application to a default order, section 214(2) (attendance...
Change of residence
3B(1) In its application to a default order, section 215...
3CSection 216 of the Sentencing Code (duty to obtain permission...
Enforcement, revocation and amendment of default order
3B(1) In its application to a default order, section 220(1)...
Power to alter amount of money or number of hours or days
5The Secretary of State may by order amend paragraph 2...
Transfer of default orders to Scotland or Northern Ireland
6In its application to a default order, Schedule 11 to...
7After paragraph 8 there is inserted— Nothing in paragraph 8 affects the application of section 300(7)...
8In paragraph 10, after paragraph (b) there is inserted—
SCHEDULE 32Amendments relating to sentencing
Part 1General
Piracy Act 1837 (c. 88)
1Section 3 of the Piracy Act 1837 (punishment for offence...
Children and Young Persons Act 1933 (c. 12)
2(1) Section 49 of the Children and Young Persons Act...
Prison Act 1952 (c. 52)
3In section 53 of the Prison Act 1952 (interpretation), for...
Criminal Justice Act 1967 (c. 80)
4The Criminal Justice Act 1967 is amended as follows.
5In section 32 (amendments of Costs in Criminal Cases Act...
6In section 104 (general provisions as to interpretation)_
Criminal Appeal Act 1968 (c. 19)
7The Criminal Appeal Act 1968 is amended as follows.
8(1) Section 10 (appeal against sentence in cases dealt with...
9In section 11 (supplementary provisions as to appeal against sentence),...
10In Schedule 2 (procedural and other provisions applicable on order...
Firearms Act 1968 (c. 27)
11The Firearms Act 1968 is amended as follows.
12(1) Section 21 (possession of firearms by persons previously convicted...
13(1) Section 52 (forfeiture and disposal of firearms; cancellation of...
Social Work (Scotland) Act 1968 (c. 49)
14Amendments relating to sentencing
Children and Young Persons Act 1969 (c. 54)
15Amendments relating to sentencing
Immigration Act 1971 (c. 77)
16In section 7 of the Immigration Act 1971 (exemption from...
Thames Barrier and Flood Prevention Act 1972 (c. xiv)
17In section 56 of the Thames Barrier and Flood Prevention...
Rehabilitation of Offenders Act 1974 (c. 53)
18(1) Section 5 of the Rehabilitation of Offenders Act 1974...
Armed Forces Act 1976 (c. 52)
19Amendments relating to sentencing
Bail Act 1976 (c. 63)
20The Bail Act 1976 is amended as follows.
21(1) Section 2 (other definitions) is amended as follows.
22In section 4 (general right to bail of accused persons...
23In Part 3 of Schedule 1 (interpretation), in the definition...
Criminal Law Act 1977 (c. 45)
24In section 3 of the Criminal Law Act 1977 (penalties...
Magistrates' Courts Act 1980 (c. 43)
25The Magistrates' Courts Act 1980 is amended as follows.
26In section 11 (non appearance of accused), in subsection (3),...
27In section 33 (maximum penalties on summary conviction in pursuance...
28In section 85 (power to remit fine), in subsection (2A),...
29Amendments relating to sentencing
30In section 133 (consecutive terms of imprisonment), in subsection (1),...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
31In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland)...
Public Passenger Vehicles Act 1981 (c. 14)
32(1) In Schedule 3 to the Public Passenger Vehicles Act...
Criminal Attempts Act 1981 (c. 47)
33. . . . . . . . . ....
Criminal Justice Act 1982 (c. 48)
34The Criminal Justice Act 1982 is amended as follows.
35In section 32 (early release of prisoners), in subsection (1)(a),...
36(1) Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland):...
Mental Health Act 1983 (c. 20)
37The Mental Health Act 1983 is amended as follows.
38In section 37 (powers of courts to order hospital admission...
39In section 45A (powers of higher courts to direct hospital...
Repatriation of Prisoners Act 1984 (c. 47)
40The Repatriation of Prisoners Act 1984 is amended as follows....
41In section 2 (transfer out of the United Kingdom), in...
42In section 3 (transfer into the United Kingdom), subsection (9)...
43(1) The Schedule (operation of certain enactments in relation to...
Police and Criminal Evidence Act 1984 (c. 60)
44In section 38 of the Police and Criminal Evidence Act...
Criminal Justice Act 1988 (c. 33)
45The Criminal Justice Act 1988 is amended as follows.
46In section 36 (reviews of sentencing), in subsection (2), for...
47In section 50 (suspended and partly suspended sentences on certain...
Firearms (Amendment) Act 1988 (c. 45)
48The Firearms (Amendment) Act 1988 is amended as follows.
49In section 1 (prohibited weapons and ammunition), in subsection (4A)...
50In section 27(4) (which relates to Northern Ireland), after “Except...
Road Traffic Act 1988 (c. 52)
51In section 164 of the Road Traffic Act 1988 (power...
Road Traffic Offenders Act 1988 (c. 53)
52The Road Traffic Offenders Act 1988 is amended as follows....
53In section 27 (production of licence), in subsection (3), for...
54In section 46 (combination of disqualification and endorsement with probation...
Football Spectators Act 1989 (c. 37)
55The Football Spectators Act 1989 is amended as follows.
56In section 7 (disqualification for membership of scheme), subsection (9)...
57Amendments relating to sentencing
58Amendments relating to sentencing
Children Act 1989 (c. 41)
59The Children Act 1989 is amended as follows.
60(1) Section 68 (persons disqualified from being foster parents) is...
61(1) In Schedule 9A (child minding and day care for...
Criminal Justice Act 1991 (c. 53)
62The Criminal Justice Act 1991 is amended as follows.
63Section 65 (supervision of young offenders after release) is omitted....
64(1) Schedule 3 (reciprocal enforcement of certain orders) is amended...
Aggravated Vehicle-Taking Act 1992 (c. 11)
65In section 1 of the Aggravated Vehicle-Taking Act 1992 (new...
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
66In section 10 of the Prisoners and Criminal Proceedings (Scotland)...
Criminal Justice and Public Order Act 1994 (c. 33)
67In section 25 of the Criminal Justice and Public Order...
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
68(1) In Schedule 3 to the Goods Vehicles (Licensing of...
Criminal Procedure (Scotland) Act 1995 (c. 46)
69Amendments relating to sentencing
70Amendments relating to sentencing
71Amendments relating to sentencing
72Amendments relating to sentencing
Education Act 1996 (c. 56)
73Amendments relating to sentencing
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))
74The Criminal Justice (Northern Ireland) Order 1996 is amended as...
75In Article 2 (interpretation) after paragraph (8) there is inserted—...
76In Article 4 (absolute and conditional discharge), in paragraph (1),...
77In Article 10 (probation orders), in paragraph (1) for “(not...
78(1) Article 13 (community service orders) is amended as follows....
79In Article 15 (orders combining probation and community service), in...
80Amendments relating to sentencing
81Amendments relating to sentencing
Crime (Sentences) Act 1997 (c. 43)
82The Crime (Sentences) Act 1997 is amended as follows.
83(1) Section 31 (duration and conditions of licences) is amended...
84In section 32 (recall of life prisoners while on licence)...
85(1) Schedule 1 (transfers of prisoners within the British Islands)...
86In Schedule 2 (repatriation of prisoners to the British Islands)...
Crime and Disorder Act 1998 (c. 37)
87The Crime and Disorder Act 1998 is amended as follows....
88In section 18 (interpretation etc. of Chapter 1)—
89(1) Section 38 (local provision of youth justice services) is...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
90The Powers of Criminal Courts (Sentencing) Act 2000 is amended...
91(1) Section 6 (committal for sentence in certain cases where...
92In section 7 (power of Crown Court on committal for...
93In section 12 (absolute and conditional discharge)—
94In the heading to Part 4, and the heading to...
95For section 33 there is substituted— Meaning of “youth community...
96(1) Section 36B (electronic monitoring of requirements in community orders)...
97Amendments relating to sentencing
98Amendments relating to sentencing
99Amendments relating to sentencing
100Amendments relating to sentencing
101Amendments relating to sentencing
102(1) Section 60 (attendance centre orders) is amended as follows....
103Amendments relating to sentencing
104Amendments relating to sentencing
105Amendments relating to sentencing
106(1) Section 73 (reparation orders) is amended as follows.
107In section 74 (requirements and provisions of reparation order, and...
108In section 76 (meaning of custodial sentence), in subsection (1)...
109(1) Section 82A (determination of tariffs) is amended as follows....
110(1) Section 91 (offenders under 18 convicted of certain serious...
111(1) Section 100 (detention and training orders) is amended as...
112In section 106 (interaction of detention and training orders with...
113After section 106 there is inserted— Interaction with sentences of...
114In section 110 (required custodial sentence for third class A...
115In section 111 (minimum of three years for third domestic...
116Sections 116 and 117 (return to prison etc. where offence...
117In section 130 (compensation orders against convicted persons), in subsection...
118In section 136 (power to order statement as to financial...
119(1) Section 138 (fixing of fine or compensation to be...
120In section 146 (driving disqualification for any offence), in subsection...
121In section 154 (commencement of Crown Court sentence), in subsection...
122Amendments relating to sentencing
123(1) Section 163 (interpretation) is amended as follows.
124In section 164 (further interpretative provision) for subsection (3) there...
125Amendments relating to sentencing
126In Schedule 5 (breach, revocation and amendment of attendance centre...
127Amendments relating to sentencing
128Amendments relating to sentencing
129Amendments relating to sentencing
Child Support, Pensions and Social Security Act 2000 (c. 19)
130Amendments relating to sentencing
131Amendments relating to sentencing
132Amendments relating to sentencing
Criminal Justice and Court Services Act 2000 (c. 43)
133The Criminal Justice and Court Services Act 2000 is amended...
134In section 1 (purposes of Chapter 1 of Part 1...
135In section 42 (interpretation of Part 2), in subsection (2)(a),...
136(1) Section 62 (release on licence etc: conditions as to...
137In section 69 (duties of local probation boards in connection...
138Amendments relating to sentencing
International Criminal Court Act 2001 (c. 17)
139(1) Schedule 7 to the International Criminal Court Act 2001...
Armed Forces Act 2001 (c. 19)
140Amendments relating to sentencing
Proceeds of Crime Act 2002 (c. 29)
141In section 38 of the Proceeds of Crime Act 2002...
Sexual Offences Act 2003 (c. 42)
142The Sexual Offences Act 2003 is amended as follows.
143In section 131 (application of Part 2 to young offenders),...
144In section 133 (general interpretation), at the end of paragraph...
Part 2Offences: abolition of imprisonment and conversion to summary offence
Vagrancy Act 1824 (c. 83)
145In section 3 of the Vagrancy Act 1824 (idle and...
146(1) Section 4 of that Act (rogues and vagabonds) is...
London Hackney Carriages Act 1843 (c. 86)
147In section 28 of the London Hackney Carriages Act 1843,...
Town Police Clauses Act 1847 (c. 89)
148In section 26 of the Town Police Clauses Act 1847,...
149In section 28 of that Act, after “for each offence”,...
150In section 29 of that Act, after “for every such...
151In section 36 of that Act, after “liable”, there is...
Seamen’s and Soldiers' False Characters Act 1906 (c. 5)
152Amendments relating to sentencing
Aliens Restriction (Amendment) Act 1919 (c. 92)
153In section 3(2) of the Aliens Restriction (Amendment) Act 1919,...
Polish Resettlement Act 1947 (c. 19)
154In the Schedule to the Polish Resettlement Act 1947, in...
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
155Amendments relating to sentencing
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
156Amendments relating to sentencing
Naval Discipline Act 1957 (c. 53)
157Amendments relating to sentencing
Slaughterhouses Act 1974 (c. 3)
158In section 4 of the Slaughterhouses Act 1974, after subsection...
Water Industry Act 1991 (c. 56)
159In Schedule 6 to the Water Industry Act 1991, in...
Water Resources Act 1991 (c. 57)
160In section 205(6) of the Water Resources Act 1991, for...
Transport Act 2000 (c. 38)
161In section 82(4) of the Transport Act 2000, after “subsection...
Reserve Forces Act 1996 (c. 14)
162Amendments relating to sentencing
SCHEDULE 33Jury service
1The Juries Act 1974 (c. 23) is amended as follows....
2For section 1 (qualification for jury service) there is substituted—...
3Section 9(1) (certain persons entitled to be excused from jury...
4In section 9(2) (discretionary excusal) after “may” there is inserted...
5After section 9(2) (discretionary excusal) there is inserted—
6In section 9(3) (discretionary excusal) after “above” there is inserted...
7In section 9A(1) (discretionary deferral) after “may” there is inserted...
8After section 9A(1) (discretionary deferral) there is inserted—
9For section 9A(2) (discretionary deferral) there is substituted—
10After section 9A(2) (discretionary deferral) there is inserted—
11In section 9A(3) (discretionary deferral) after “above” there is inserted...
12After section 9A (discretionary deferral) there is inserted— Requirement to...
13In section 19 (payment for jury service), after subsection (1)...
14In section 20 (offences), for subsection (5)(d) there is substituted—...
15For Schedule 1 (ineligibility and disqualification for and excusal from...
SCHEDULE 34Parenting orders and referral orders
Crime and Disorder Act 1998 (c. 37)
1In section 8 of the Crime and Disorder Act 1998...
2(1) Section 9 of that Act (parenting orders: supplemental) is...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3In section 19(5) of the Powers of Criminal Courts (Sentencing)...
4In section 22 of that Act (referral orders: attendance at...
5(1) Section 28 of that Act (which introduces Schedule 1)...
6In Schedule 1 to that Act (youth offender panels: further...
SCHEDULE 34AChild sex offences for purposes of section 327A
Offences under provisions repealed by Sexual Offences Act 2003
1An offence under— (a) section 5 or 6 of the...
2An offence under any of— (a) section 1 of that...
3An offence under section 1 of the Indecency with Children...
4An offence under section 9 of the Theft Act 1968...
5An offence under section 54 of the Criminal Law Act...
6An offence under section 3 of the Sexual Offences (Amendment)...
Other offences
7An offence under any of— (a) sections 5 to 8...
8An offence under any of— (a) sections 1 to 4...
9An offence under section 62 or 63 of that Act...
10An offence under section 66 or 67 of that Act...
11An offence under— (a) section 1 of the Protection of...
12An offence under section 170 of the Customs and Excise...
13An offence under section 63 of the Criminal Justice and...
13AAn offence under section 62(1) of the Coroners and Justice...
13BAn offence under section 69 of the Serious Crime Act...
General
14A reference in this Schedule to an offence (“ offence...
15A reference in this Schedule to an offence (“ offence...
SCHEDULE 35Criminal record certificates: amendments of Part 5 of Police Act 1997
1The Police Act 1997 (c. 50) is amended as follows....
2Criminal record certificates: amendments of Part 5 of Police Act 1997
3(1) Section 113 (criminal record certificates) is amended as follows....
4(1) Section 115 (enhanced criminal record certificates) is amended as...
5In section 116 (enhanced criminal record certificates: judicial appointments and...
6(1) Section 120 (registered persons) is amended as follows.
7After section 120 there is inserted— Regulations about registration (1) The Secretary of State may by regulations make further...
8At the end of the sidenote to section 120A (refusal...
9After section 120A there is inserted— Refusal, cancellation or suspension...
10After section 122 there is inserted— Delegation of functions of...
11After section 124 (offences: disclosure) there is inserted— Further offences:...
12In section 125 (regulations)— (a) subsection (3) is omitted, and...
SCHEDULE 36Further minor and consequential amendments
Part 1Bail
Bail Act 1976 (c. 63)
1The Bail Act 1976 is amended as follows.
2(1) Section 5(6A)(a) (supplementary provisions about decisions on bail) is...
3In Part 3 of Schedule 1 (interpretation) for paragraph 2...
Supreme Court Act 1981 (c. 54)
4(1) Section 81 of the Supreme Court Act 1981 (bail)...
Police and Criminal Evidence Act 1984 (c. 60)
5In section 38(2A) of the Police and Criminal Evidence Act...
Part 2Charging etc
Criminal Law Act 1977 (c. 45)
6In section 39 of the Criminal Law Act 1977 (service...
Magistrates' Courts Act 1980 (c. 43)
7The Magistrates' Courts Act 1980 is amended as follows.
8(1) Section 1 (issue of summons to accused or warrant...
9In section 150(1) (interpretation of other terms) after the definition...
Prosecution of Offences Act 1985 (c. 23)
10(1) Section 15 of the Prosecution of Offences Act 1985...
Criminal Justice and Public Order Act 1994 (c. 33)
11(1) Section 51 of the Criminal Justice and Public Order...
Drug Trafficking Act 1994 (c. 37)
12(1) Section 60 of the Drug Trafficking Act 1994 (prosecution...
Merchant Shipping Act 1995 (c. 21)
13(1) Section 145 of the Merchant Shipping Act 1995 (interpretation...
Terrorism Act 2000 (c. 11)
14(1) Paragraph 11 of Schedule 4 to the Terrorism Act...
Proceeds of Crime Act 2002 (c. 29)
15(1) Section 85 of the Proceeds of Crime Act 2002...
Crime (International Co-operation) Act 2003 (c. 32)
16After section 4 of the Crime (International Co-operation) Act 2003...
Part 3Disclosure
Prosecution of Offences Act 1985 (c. 23)
17In section 22B of the Prosecution of Offences Act 1985...
Criminal Justice Act 1987 (c. 38)
18In section 9 of the Criminal Justice Act 1987 (preparatory...
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
19In Article 8 of the Criminal Justice (Serious Fraud) (Northern...
Criminal Procedure and Investigations Act 1996 (c. 25)
20The Criminal Procedure and Investigations Act 1996 is amended as...
21In section 3 (primary disclosure by prosecutor), for the heading...
22In section 4 (primary disclosure: further provisions), in the heading...
23In section 5 (compulsory disclosure by accused), subsections (6) to...
24In section 6 (voluntary disclosure by accused), subsection (3) is...
25Section 7 (secondary disclosure by prosecutor) shall cease to have...
26Section 9 (continuing duty of prosecutor to disclose) shall cease...
27In section 10 (prosecutor’s failure to observe time limits), in...
28In section 12 (time limits)— (a) in subsection (1), for...
29In section 13 (time limits: transitional), for subsection (2) there...
30In section 14 (public interest: review for summary trials), in...
31In section 15 (public interest: review in other cases), in...
32In section 16 (applications: opportunity to be heard), in paragraph...
33In section 17 (confidentiality of disclosed information), in subsection (1)(a),...
34In section 19 (rules of court) in subsection (2)(b) and...
35In section 20 (other statutory rules as to disclosure)—
36In section 31 (preparatory hearings in complex cases etc.), paragraphs...
37(1) Section 77 (orders and regulations) is amended as follows....
38In Schedule 4 (modifications for Northern Ireland), in paragraph 7,...
Sexual Offences (Protected Material) Act 1997 (c. 39)
39In section 9(4) of the Sexual Offences (Protected Material) Act...
Part 4Trials on indictment without a jury
Indictments Act 1915 (c. 90)
40(1) Section 5 of the Indictments Act 1915 (orders for...
Criminal Law Act 1967 (c. 58)
41In section 6(4) of the Criminal Law Act 1967 (trial...
Criminal Justice Act 1967 (c. 80)
42In section 17 of the Criminal Justice Act 1967 (entry...
Criminal Law Act (Northern Ireland) 1967 (c. 18)
43In section 6(3) of the Criminal Law Act (Northern Ireland)...
Criminal Appeal Act 1968 (c. 19)
44In section 7(2)(c) of the Criminal Appeal Act 1968 (power...
Judicature (Northern Ireland) Act 1978 (c. 23)
45(1) Section 48 of the Judicature (Northern Ireland) Act 1978...
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
46In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act...
Supreme Court Act 1981 (c. 54)
47(1) Section 76 of the Supreme Court Act 1981 (committal...
Police and Criminal Evidence Act 1984 (c. 60)
48(1) Section 77 of the Police and Criminal Evidence Act...
Prosecution of Offences Act 1985 (c. 23)
49The Prosecution of Offences Act 1985 is amended as follows....
50In section 7A(6)(a) (powers of non-legal staff) for “by a...
51(1) Section 22 (power of Secretary of State to set...
Criminal Justice Act 1987 (c. 38)
52The Criminal Justice Act 1987 is amended as follows.
53(1) Section 7 (power to order preparatory hearing) is amended...
54(1) Section 9 (the preparatory hearing) is amended as follows....
55(1) Section 10 (later stages of trial) is amended as...
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
56The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is...
57(1) Article 6 (power to order preparatory hearing) is amended...
58(1) Article 8 (the preparatory hearing) is amended as follows....
59(1) Article 9 (later stages of trial) (as originally enacted)...
60(1) Article 9 (later stages of trial) (as substituted by...
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
61(1) Article 75 of the Police and Criminal Evidence (Northern...
Criminal Justice and Public Order Act 1994 (c. 33)
62The Criminal Justice and Public Order Act 1994 is amended...
63In section 35(2) (effect of accused’s silence at trial) after...
64In section 51(10)(b) (intimidation of witnesses, jurors and others) after...
Criminal Procedure and Investigations Act 1996 (c. 25)
65The Criminal Procedure and Investigations Act 1996 is amended as...
66(1) Section 29 (power to order preparatory hearing) is amended...
67In section 31(4)(b) (the preparatory hearing) for “the jury” there...
68(1) Section 34 (later stages of trial) is amended as...
69In section 35(2) (appeals to Court of Appeal) for “no...
70In section 36(2) (appeals to House of Lords) for “no...
71(1) Section 39 (meaning of pre-trial hearing) is amended as...
72(1) Schedule 4 (modifications for Northern Ireland) is amended as...
Crime and Disorder Act 1998 (c. 37)
73In paragraph 2(2) of Schedule 3 to the Crime and...
Youth Justice and Criminal Evidence Act 1999 (c. 23)
74The Youth Justice and Criminal Evidence Act 1999 is amended...
75In section 32 (warning to jury) after “indictment” there is...
76In section 39(1) (warning to jury) after “indictment” there is...
Anti-terrorism, Crime and Security Act 2001 (c. 24)
77In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime...
Proceeds of Crime Act 2002 (c. 29)
78In section 316(9)(c) of the Proceeds of Crime Act 2002...
Part 5Evidence
Criminal Procedure Act 1865 (c. 18)
79In section 6 of the Criminal Procedure Act 1865 (witness’s...
Criminal Evidence Act 1898 (c. 36)
80In section 1 of the Criminal Evidence Act 1898 (defendant...
Army Act 1955 (c. 18)
81Further minor and consequential amendments
Air Force Act 1955 (c. 19)
82Further minor and consequential amendments
Naval Discipline Act 1957 (c. 53)
83Further minor and consequential amendments
Armed Forces Act 1976 (c. 52)
84Further minor and consequential amendments
Police and Criminal Evidence Act 1984 (c. 60)
85(1) Section 74 of the Police and Criminal Evidence Act...
Part 6Miscellaneous
Criminal Appeal Act 1968 (c. 19)
86The Criminal Appeal Act 1968 is amended as follows.
87In section 31(1) (powers of Court of Appeal exercisable by...
88In section 31A (powers of Court of Appeal exercisable by...
89In section 45 (construction of references to Court of Appeal)—...
90(1) Section 51 (interpretation) is amended as follows.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
91The Criminal Appeal (Northern Ireland) Act 1980 is amended as...
92(1) Section 19 (legal aid) is amended as follows.
93(1) Section 28 (costs) is amended as follows.
94For section 31(3) (definition of defendant and prosecutor) there is...
95In section 45 (powers of Court of Appeal exercisable by...
Criminal Justice Act 1988 (c. 33)
96In section 36 of the Criminal Justice Act 1988 (reviews...
Criminal Appeal Act 1995 (c. 35)
97In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
98. . . . . . . . . ....
SCHEDULE 37Repeals
Part 1Repeals relating to amendments of Police and Criminal Evidence Act 1984
Part 2Bail
Part 3Disclosure
Part 4Allocation and sending of offences
Part 5Evidence of bad character
Part 6Hearsay evidence
Part 7Sentencing: general
Part 8Life sentences
Part 9Alteration of penalties for summary offences
Part 10Jury service
Part 11Repeals relating to amendments of Part 5 of Police Act 1997
Part 12Miscellaneous
SCHEDULE 38Transitory, transitional and saving provisions
Sentencing of offenders aged 18 but under 21
1If any provision of Part 12 (“the relevant provision”) is...
. . .
2Transitory, transitional and saving provisions
3Transitory, transitional and saving provisions
Drug treatment and testing orders
4A drug treatment and testing order made under section 52...
Drug testing as part of supervision of young offenders after release
5(1) Until the coming into force of the repeal by...
Intermittent custody
6If section 183 (intermittent custody) is to come into force...
Transfer to Scotland of community orders and suspended sentence orders
7(1) Until the coming into force of the repeal by...

Royal arms

Criminal Justice Act 2003

2003 CHAPTER 44

An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; 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:—