Criminal Justice and Immigration Act 2008

SCHEDULES

Section 1

SCHEDULE 1 E+W Further provisions about youth rehabilitation orders

Part 1 E+W Provisions to be included in youth rehabilitation orders

Imposition of requirements E+W

1 E+W Subsection (1) of section 1 has effect subject to the following provisions of Part 2 of this Schedule which relate to particular requirements—

(a) paragraph 8(3) and (4) (activity requirement),

(b) paragraph 10(3) (unpaid work requirement),

(c) paragraph 11(3) and (4) (programme requirement),

(d) paragraph 12(3) (attendance centre requirement),

(e) paragraph 13(2) (prohibited activity requirement),

(f) paragraph 16(2), (4) and (7) (residence requirement),

(g) paragraphs 17(3) and (4) and 19 (local authority residence requirement),

(h) paragraph 20(3) (mental health treatment requirement),

(i) paragraph 22(2) and (4) (drug treatment requirement),

(j) paragraph 23(3) (drug testing requirement),

(k) paragraph 24(2) and (4) (intoxicating substance treatment requirement), and

(l) paragraph 25(4) (education requirement).

Commencement Information

I1 Sch. 1 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Electronic monitoring requirement E+W

2 (1) Sub-paragraph (2) applies to a youth rehabilitation order which— E+W

(a) imposes a curfew requirement (whether by virtue of paragraph 3(4)(b) or otherwise), or

(b) imposes an exclusion requirement.

(2) The order must also impose an electronic monitoring requirement unless—

(a) in the particular circumstances of the case, the court considers it inappropriate for the order to do so, or

(b) the court is prevented by paragraph 26(3) or (6) from including such a requirement in the order.

(3) Subsection (2)(a) of section 1 has effect subject to paragraph 26(3) and (6).

Commencement Information

I2 Sch. 1 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Youth rehabilitation order with intensive supervision and surveillance E+W

3 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied. E+W

(2) The court, if it makes a youth rehabilitation order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180.

(3) Such an activity requirement is referred to in this Part of this Act as “an extended activity requirement”.

(4) A youth rehabilitation order which imposes an extended activity requirement must also impose—

(a) a supervision requirement, and

(b) a curfew requirement (and, accordingly, if so required by paragraph 2, an electronic monitoring requirement).

(5) A youth rehabilitation order which imposes an extended activity requirement (and other requirements in accordance with sub-paragraph (4)) is referred to in this Part of this Act as “a youth rehabilitation order with intensive supervision and surveillance” (whether or not it also imposes any other requirement mentioned in section 1(1)).

Commencement Information

I3 Sch. 1 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Youth rehabilitation order with fostering E+W

4 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied. E+W

(2) If the court is satisfied—

(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) that the imposition of a fostering requirement (see paragraph 18) would assist in the offender's rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement.

(3) But a court may not impose a fostering requirement unless—

(a) it has consulted the offender's parents or guardians (unless it is impracticable to do so), and

(b) it has consulted the local authority which is to place the offender with a local authority foster parent.

(4) A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement.

(5) This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions to imposing fostering requirement).

(6) A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).

Commencement Information

I4 Sch. 1 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Intensive supervision and surveillance and fostering: further provisions E+W

5 (1) A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement. E+W

(2) Nothing in—

(a) section 1(4)(b), or

(b) section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences),

prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender if the offender fails to comply with an order under section 161(2) of the Criminal Justice Act 2003 (pre-sentence drug testing).

Commencement Information

I5 Sch. 1 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 2 E+W Requirements

Activity requirement E+W

6 (1) In this Part of this Act “activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must do any or all of the following— E+W

(a) participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified;

(b) participate in an activity, or activities, specified in the order on such number of days as may be so specified;

(c) participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order;

(d) in accordance with paragraph 7, engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order.

(2) Subject to paragraph 3(2), the number of days specified in the order under sub-paragraph (1) must not, in aggregate, be more than 90.

(3) A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates to require the offender, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

(a) in the case of a requirement such as is mentioned in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, or

(b) in the case of a requirement such as is mentioned in sub-paragraph (1)(b), to participate in an activity specified in the order,

and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

(4) Where the order requires the offender to participate in a residential exercise, it must specify, in relation to the exercise—

(a) a place, or

(b) an activity.

(5) A requirement to participate in a residential exercise operates to require the offender, in accordance with instructions given by the responsible officer—

(a) if a place is specified under sub-paragraph (4)(a)—

(i) to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, and

(ii) to reside there for that period,

(b) if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified,

and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

Commencement Information

I6 Sch. 1 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Activity requirement: instructions of responsible officer under paragraph 6(1)(d) E+W

7 (1) Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating to any day must require the offender to do either of the following— E+W

(a) present himself or herself to a person or persons of a description specified in the instructions at a place so specified;

(b) participate in an activity specified in the instructions.

(2) Any such instructions operate to require the offender, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.

(3) If the order so provides, instructions under paragraph 6(1)(d) may require the offender to participate in a residential exercise for a period comprising not more than 7 days, and, for that purpose—

(a) to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, or

(b) to participate for that period in an activity specified in the instructions.

(4) Instructions such as are mentioned in sub-paragraph (3)—

(a) may not be given except with the consent of a parent or guardian of the offender, and

(b) operate to require the offender, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under sub-paragraph (3)(a) or (b) (as the case may be).

Commencement Information

I7 Sch. 1 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Activity requirement: further provisions E+W

8 (1) Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions— E+W

(a) paragraph 6(3),

(b) paragraph 6(5),

(c) paragraph 7(2), or

(d) paragraph 7(4)(b),

may require the offender to engage in activities otherwise than at that place.

(2) An activity specified—

(a) in an order under paragraph 6(1)(b), or

(b) in instructions given under paragraph 6(1)(d),

may consist of or include an activity whose purpose is that of reparation, such as an activity involving contact between an offender and persons affected by the offences in respect of which the order was made.

(3) A court may not include an activity requirement in a youth rehabilitation order unless—

(a) it has consulted a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services,

(b) it is satisfied that it is feasible to secure compliance with the requirement, and

(c) it is satisfied that provision for the offender to participate in the activities proposed to be specified in the order can be made under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside.

(4) A court may not include an activity requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the responsible officer, unless that other person consents to its inclusion.

Commencement Information

I8 Sch. 1 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Supervision requirement E+W

9 E+W In this Part of this Act “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period for which the order remains in force, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such times and places as may be determined by the responsible officer.

Commencement Information

I9 Sch. 1 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Unpaid work requirement E+W

10 (1) In this Part of this Act “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with this paragraph. E+W

(2) The number of hours which a person may be required to work under an unpaid work requirement must be specified in the youth rehabilitation order and must be, in aggregate—

(a) not less than 40, and

(b) not more than 240.

(3) A court may not impose an unpaid work requirement in respect of an offender unless—

(a) after hearing (if the court thinks necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such a requirement, and

(b) the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.

(4) In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services.

(5) An offender in respect of whom an unpaid work requirement of a youth rehabilitation order is in force must perform for the number of hours specified in the order such work at such times as the responsible officer may specify in instructions.

(6) Subject to paragraph 17 of Schedule 2, the work required to be performed under an unpaid work requirement of a youth rehabilitation order must be performed during the period of 12 months beginning with the day on which the order takes effect.

(7) Unless revoked, a youth rehabilitation order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.

Commencement Information

I10 Sch. 1 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Programme requirement E+W

11 (1) In this Part of this Act “programme requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must participate in a systematic set of activities (“a programme”) specified in the order at a place or places so specified on such number of days as may be so specified. E+W

(2) A programme requirement may require the offender to reside at any place specified in the order under sub-paragraph (1) for any period so specified if it is necessary for the offender to reside there for that period in order to participate in the programme.

(3) A court may not include a programme requirement in a youth rehabilitation order unless—

(a) the programme which the court proposes to specify in the order has been recommended to the court by—

(i) a member of a youth offending team,

(ii) an officer of a local probation board, or

(iii) an officer of a provider of probation services,

as being suitable for the offender, and

(b) the court is satisfied that the programme is available at the place or places proposed to be specified.

(4) A court may not include a programme requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion.

(5) A requirement to participate in a programme operates to require the offender—

(a) in accordance with instructions given by the responsible officer to participate in the programme at the place or places specified in the order on the number of days so specified, and

(b) while at any of those places, to comply with instructions given by, or under the authority of, the person in charge of the programme.

Commencement Information

I11 Sch. 1 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Attendance centre requirement E+W

12 (1) In this Part of this Act “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at an attendance centre specified in the order for such number of hours as may be so specified. E+W

(2) The aggregate number of hours for which the offender may be required to attend at an attendance centre—

(a) if the offender is aged 16 or over at the time of conviction, must be—

(i) not less than 12, and

(ii) not more than 36;

(b) if the offender is aged 14 or over but under 16 at the time of conviction, must be—

(i) not less than 12, and

(ii) not more than 24;

(c) if the offender is aged under 14 at the time of conviction, must not be more than 12.

(3) A court may not include an attendance centre requirement in a youth rehabilitation order unless it—

(a) has been notified by the Secretary of State that—

(i) an attendance centre is available for persons of the offender's description, and

(ii) provision can be made at the centre for the offender, and

(b) is satisfied that the attendance centre proposed to be specified is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

(4) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(5) The subsequent hours are to be fixed by the officer in charge of the centre—

(a) in accordance with arrangements made by the responsible officer, and

(b) having regard to the offender's circumstances.

(6) An offender may not be required under this paragraph to attend at an attendance centre—

(a) on more than one occasion on any day, or

(b) for more than three hours on any occasion.

(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement—

(a) to attend at the centre at the beginning of the period, and

(b) during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.

Commencement Information

I12 Sch. 1 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Prohibited activity requirement E+W

13 (1) In this Part of this Act “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from participating in activities specified in the order— E+W

(a) on a day or days so specified, or

(b) during a period so specified.

(2) A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—

(a) a member of a youth offending team,

(b) an officer of a local probation board, or

(c) an officer of a provider of probation services.

(3) The requirements that may by virtue of this paragraph be included in a youth rehabilitation order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).

Commencement Information

I13 Sch. 1 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Curfew requirement E+W

14 (1) In this Part of this Act “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for periods specified in the order, at a place so specified. E+W

(2) A youth rehabilitation order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than 2 hours or more than 12 hours in any day.

(3) A youth rehabilitation order imposing a curfew requirement may not specify periods which fall outside the period of 6 months beginning with the day on which the requirement first takes effect.

(4) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

Commencement Information

I14 Sch. 1 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Exclusion requirement E+W

15 (1) In this Part of this Act “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified. E+W

(2) The period specified must not be more than 3 months.

(3) An exclusion requirement—

(a) may provide for the prohibition to operate only during the periods specified in the order, and

(b) may specify different places for different periods or days.

(4) In this paragraph “place” includes an area.

Commencement Information

I15 Sch. 1 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Residence requirement E+W

16 (1) In this Part of this Act, “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside— E+W

(a) with an individual specified in the order, or

(b) at a place specified in the order.

(2) A court may not by virtue of sub-paragraph (1)(a) include in a youth rehabilitation order a requirement that the offender reside with an individual unless that individual has consented to the requirement.

(3) In this paragraph, a residence requirement falling within sub-paragraph (1)(b) is referred to as “a place of residence requirement”.

(4) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender was aged 16 or over at the time of conviction.

(5) If the order so provides, a place of residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.

(6) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(7) A court may not specify a hostel or other institution as the place where an offender must reside for the purposes of a place of residence requirement except on the recommendation of—

(a) a member of a youth offending team,

(b) an officer of a local probation board,

(c) an officer of a provider of probation services, or

(d) a social worker of a local authority.

Commencement Information

I16 Sch. 1 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Local authority residence requirement E+W

17 (1) In this Part of this Act, “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside in accommodation provided by or on behalf of a local authority specified in the order for the purposes of the requirement. E+W

(2) A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a person specified in the order.

(3) A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless it is satisfied—

(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) that the imposition of that requirement will assist in the offender's rehabilitation.

(4) A court may not include a local authority residence requirement in a youth rehabilitation order unless it has consulted—

(a) a parent or guardian of the offender (unless it is impracticable to consult such a person), and

(b) the local authority which is to receive the offender.

(5) A youth rehabilitation order which imposes a local authority residence requirement must specify, as the local authority which is to receive the offender, the local authority in whose area the offender resides or is to reside.

(6) Any period specified in a youth rehabilitation order as a period for which the offender must reside in accommodation provided by or on behalf of a local authority must—

(a) not be longer than 6 months, and

(b) not include any period after the offender has reached the age of 18.

Commencement Information

I17 Sch. 1 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Fostering requirement E+W

18 (1) In this Part of this Act “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a period specified in the order, the offender must reside with a local authority foster parent. E+W

(2) A period specified in a youth rehabilitation order as a period for which the offender must reside with a local authority foster parent must—

(a) end no later than the end of the period of 12 months beginning with the date on which the requirement first has effect (but subject to paragraphs 6(9), 8(9) and 16(2) of Schedule 2), and

(b) not include any period after the offender has reached the age of 18.

(3) A youth rehabilitation order which imposes a fostering requirement must specify the local authority which is to place the offender with a local authority foster parent under section 23(2)(a) of the Children Act 1989 (c. 41).

(4) The authority so specified must be the local authority in whose area the offender resides or is to reside.

(5) If at any time during the period specified under sub-paragraph (1), the responsible officer notifies the offender—

(a) that no suitable local authority foster parent is available, and

(b) that the responsible officer has applied or proposes to apply under Part 3 or 4 of Schedule 2 for the revocation or amendment of the order,

the fostering requirement is, until the determination of the application, to be taken to require the offender to reside in accommodation provided by or on behalf of a local authority.

(6) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

(7) A court may not include a fostering requirement in a youth rehabilitation order unless the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent.

(8) In this paragraph, “local authority foster parent” has the same meaning as it has in the Children Act 1989.

Commencement Information

I18 Sch. 1 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Pre-conditions to imposing local authority residence requirement or fostering requirement E+W

19 (1) A court may not include a local authority residence requirement or a fostering requirement in a youth rehabilitation order in respect of an offender unless— E+W

(a) the offender was legally represented at the relevant time in court, or

(b) either of the conditions in sub-paragraph (2) is satisfied.

(2) Those conditions are—

(a) that the offender was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of the offender's conduct, or

(b) that the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(3) In this paragraph—

• “the proceedings” means—

  (a)

  the whole proceedings, or

  (b)

  the part of the proceedings relating to the imposition of the local authority residence requirement or the fostering requirement;

• “the relevant time” means the time when the court is considering whether to impose that requirement.

Commencement Information

I19 Sch. 1 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Mental health treatment requirement E+W

20 (1) In this Part of this Act “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a [F1 registered psychologist ] (or both, for different periods) with a view to the improvement of the offender's mental condition. E+W

(2) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a) treatment as a resident patient in [F2 a] care home within the meaning of the Care Standards Act 2000 (c. 14) [F3 , an independent hospital] or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;

(b) treatment as a non-resident patient at such institution or place as may be specified in the order;

(c) treatment by or under the direction of such registered medical practitioner or [F4 registered psychologist] (or both) as may be so specified;

but the order must not otherwise specify the nature of the treatment.

(3) A court may not include a mental health treatment requirement in a youth rehabilitation order unless—

(a) the court is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20), that the mental condition of the offender—

(i) is such as requires and may be susceptible to treatment, but

(ii) is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act,

(b) the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident patient, arrangements for the reception of the offender), and

(c) the offender has expressed willingness to comply with the requirement.

(4) While the offender is under treatment as a resident patient in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

[F5 (4A) In sub-paragraph (2) “independent hospital”—

(a) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

(b) in relation to Wales, has the same meaning as in the Care Standards Act 2000.]

(5) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 have effect with respect to proof of an offender's mental condition for the purposes of sub-paragraph (3)(a) as they have effect with respect to proof of an offender's mental condition for the purposes of section 37(2)(a) of that Act.

[F6 (6) In this paragraph and paragraph 21, “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.]

Textual Amendments

F1 Words in Sch. 1 para. 20(1) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 10(a)(i) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

F2 Word in Sch. 1 para. 20(2)(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 20(a)(i)

F3 Words in Sch. 1 para. 20(2)(a) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 20(a)(ii)

F4 Words in Sch. 1 para. 20(2)(c) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 10(a)(ii) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

F5 Sch. 1 para. 20(4A) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 20(b)

F6 Sch. 1 para. 20(6) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 10(a)(iii) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

Commencement Information

I20 Sch. 1 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Mental health treatment at place other than that specified in order E+W

21 (1) Where the registered medical practitioner or [F7 registered psychologist] by whom or under whose direction an offender is being treated in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which— E+W

(a) is not specified in the youth rehabilitation order, and

(b) is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or [F7 registered psychologist],

the medical practitioner or psychologist may make arrangements for the offender to be treated accordingly.

(2) Such arrangements as are mentioned in sub-paragraph (1) may only be made if the offender has expressed willingness for the treatment to be given as mentioned in that sub-paragraph.

(3) Such arrangements as are mentioned in sub-paragraph (1) may provide for part of the treatment to be provided to the offender as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the youth rehabilitation order.

(4) Where any such arrangements as are mentioned in sub-paragraph (1) are made for the treatment of an offender—

(a) the registered medical practitioner or [F8 registered psychologist] by whom the arrangements are made must give notice in writing to the offender's responsible officer, specifying the institution or place in or at which the treatment is to be carried out, and

(b) the treatment provided for by the arrangements is deemed to be treatment to which the offender is required to submit in pursuance of the youth rehabilitation order.

Textual Amendments

F7 Words in Sch. 1 para. 21(1) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 10(b)(i) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

F8 Words in Sch. 1 para. 21(4)(a) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 10(b)(ii) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

Commencement Information

I21 Sch. 1 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Drug treatment requirement E+W

22 (1) In this Part of this Act, “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience (“the treatment provider”), with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs. E+W

(2) A court may not include a drug treatment requirement in a youth rehabilitation order unless it is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, drugs, and

(b) that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4) A court may not include a drug treatment requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside,

(b) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(c) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and

(d) the offender has expressed willingness to comply with the requirement.

(5) In this paragraph “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

Commencement Information

I22 Sch. 1 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Drug testing requirement E+W

23 (1) In this Part of this Act, “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, for the purpose of ascertaining whether there is any drug in the offender's body during any treatment period, the offender must, during that period, provide samples in accordance with instructions given by the responsible officer or the treatment provider. E+W

(2) In sub-paragraph (1)—

• “drug” has the same meaning as in paragraph 22,

• “treatment period” means a period specified in the youth rehabilitation order as a period during which the offender must submit to treatment as mentioned in sub-paragraph (1) of that paragraph, and

• “the treatment provider” has the meaning given by that sub-paragraph.

(3) A court may not include a drug testing requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside,

(b) the order also imposes a drug treatment requirement, and

(c) the offender has expressed willingness to comply with the requirement.

(4) A youth rehabilitation order which imposes a drug testing requirement—

(a) must specify for each month the minimum number of occasions on which samples are to be provided, and

(b) may specify—

(i) times at which and circumstances in which the responsible officer or treatment provider may require samples to be provided, and

(ii) descriptions of the samples which may be so required.

(5) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests carried out otherwise than by the responsible officer on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer.

Commencement Information

I23 Sch. 1 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Intoxicating substance treatment requirement E+W

24 (1) In this Part of this Act, “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience, with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances. E+W

(2) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless it is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, intoxicating substances, and

(b) that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless—

(a) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(b) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and

(c) the offender has expressed willingness to comply with the requirement.

(5) In this paragraph “intoxicating substance” means—

(a) alcohol, or

(b) any other substance or product (other than a drug) which is, or the fumes of which are, capable of being inhaled or otherwise used for the purpose of causing intoxication.

(6) In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

Commencement Information

I24 Sch. 1 para. 24 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Education requirement E+W

25 (1) In this Part of this Act “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a period or periods specified in the order, with approved education arrangements. E+W

(2) For this purpose, “approved education arrangements” means arrangements for the offender's education—

(a) made for the time being by the offender's parent or guardian, and

(b) approved by the [F9 local authority] specified in the order.

(3) The [F9 local authority] so specified must be the [F9 local authority] for the area in which the offender resides or is to reside.

(4) A court may not include an education requirement in a youth rehabilitation order unless—

(a) it has consulted the [F9 local authority] proposed to be specified in the order with regard to the proposal to include the requirement, and

(b) it is satisfied—

(i) that, in the view of that [F9 local authority] , arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and

(ii) that, having regard to the circumstances of the case, the inclusion of the education requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(5) Any period specified in a youth rehabilitation order as a period during which an offender must comply with approved education arrangements must not include any period after the offender has ceased to be of compulsory school age.

(6) In this paragraph, “ [F9 local authority] ” and “parent” have the same meanings as in the Education Act 1996 (c. 56).

Textual Amendments

F9 Words in Sch. 1 para. 25 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 63(2)(a)

Commencement Information

I25 Sch. 1 para. 25 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Electronic monitoring requirement E+W

26 (1) In this Part of this Act “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period specified in the order or determined by the responsible officer in accordance with the order. E+W

(2) Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the youth rehabilitation order, the responsible officer must, before the beginning of that period, notify—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person falling within sub-paragraph (3)(b),

of the time when the period is to begin.

(3) Where—

(a) it is proposed to include an electronic monitoring requirement in a youth rehabilitation order, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure that the monitoring takes place,

the requirement may not be included in the order without that person's consent.

(4) A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(5) The person who is made responsible for the monitoring must be of a description specified in an order made by the Secretary of State.

(6) A court may not include an electronic monitoring requirement in a youth rehabilitation order unless the court—

(a) has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i) in the local justice area proposed to be specified in the order, and

(ii) for each requirement mentioned in the first column of the Table in sub-paragraph (7) which the court proposes to include in the order, in the area in which the relevant place is situated, and

(b) is satisfied that the necessary provision can be made under the arrangements currently available.

(7) For the purposes of sub-paragraph (6), “relevant place”, in relation to a requirement mentioned in the first column of the following Table which the court proposes to include in the order, means the place mentioned in relation to it in the second column of the Table.

Proposed requirement of youth rehabilitation order	Relevant place
Curfew requirement.	The place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirement.	The place (within the meaning of paragraph 15) which the court proposes to specify in the order.
Attendance centre requirement.	The attendance centre which the court proposes to specify in the order.

Commencement Information

I26 Sch. 1 para. 26(1)-(4) (6) (7) in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

I27 Sch. 1 para. 26(5) in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(g)

Power to amend limits E+W

27 (1) The Secretary of State may by order amend— E+W

(a) paragraph 10(2) (unpaid work requirement), or

(b) paragraph 14(2) (curfew requirement),

by substituting, for the maximum number of hours for the time being specified in that provision, such other number of hours as may be specified in the order.

(2) The Secretary of State may by order amend any of the provisions mentioned in sub-paragraph (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order.

(3) Those provisions are—

(a) paragraph 14(3) (curfew requirement);

(b) paragraph 15(2) (exclusion requirement);

(c) paragraph 17(6) (local authority residence requirement);

(d) paragraph 18(2) (fostering requirement).

(4) An order under this paragraph which amends paragraph 18(2) may also make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of Schedule 2.

Commencement Information

I28 Sch. 1 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 3 E+W Provisions applying where court proposes to make youth rehabilitation order

Family circumstances E+W

28 E+W Before making a youth rehabilitation order, the court must obtain and consider information about the offender's family circumstances and the likely effect of such an order on those circumstances.

Commencement Information

I29 Sch. 1 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc. E+W

29 (1) Before making— E+W

(a) a youth rehabilitation order imposing two or more requirements, or

(b) two or more youth rehabilitation orders in respect of associated offences,

the court must consider whether, in the circumstances of the case, the requirements to be imposed by the order or orders are compatible with each other.

(2) Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4).

(3) The court must ensure, as far as practicable, that any requirement imposed by a youth rehabilitation order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c) any conflict with the requirements of any other youth rehabilitation order to which the offender may be subject.

(4) The Secretary of State may by order provide that sub-paragraph (3) is to have effect with such additional restrictions as may be specified in the order.

Commencement Information

I30 Sch. 1 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Date of taking effect and other existing orders E+W

30 (1) Subject to [F10 sub-paragraphs (1A) and (2) ], a youth rehabilitation order takes effect on F11 ... the day on which the order is made. E+W

[F12 (1A) A court making a youth rehabilitation order may order that it is to take effect instead on a later date.]

(2) [F13 In particular, if ] a detention and training order is in force in respect of an offender, a court making a youth rehabilitation order in respect of the offender may order that it is to take effect instead—

(a) when the period of supervision begins in relation to the detention and training order in accordance with section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), or

(b) on the expiry of the term of the detention and training order.

(3) In sub-paragraph (2)—

(a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (c. 52) (detention and training orders made by service courts); and

(b) the reference to section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 includes that provision as applied by section 213(1) of the Armed Forces Act 2006.

(4) A court must not make a youth rehabilitation order in respect of an offender at a time when—

(a) another youth rehabilitation order, or

(b) a reparation order made under section 73(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),

is in force in respect of the offender, unless when it makes the order it revokes the earlier order.

(5) Where the earlier order is revoked under sub-paragraph (4), paragraph 24 of Schedule 2 (provision of copies of orders) applies to the revocation as it applies to the revocation of a youth rehabilitation order.

Textual Amendments

F10 Words in Sch. 1 para. 30(1) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(4)(a)(i) (with s. 180)

F11 Words in Sch. 1 para. 30(1) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(4)(a)(ii), Sch. 23 Pt. 9 (with s. 180)

F12 Sch. 1 para. 30(1A) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(4)(b) (with s. 180)

F13 Words in Sch. 1 para. 30(2) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(4)(c) (with s. 180)

Commencement Information

I31 Sch. 1 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Concurrent and consecutive orders E+W

31 (1) This paragraph applies where the court is dealing with an offender who has been convicted of two or more associated offences. E+W

(2) If, in respect of one of the offences, the court makes an order of any of the following kinds—

(a) a youth rehabilitation order with intensive supervision and surveillance,

(b) a youth rehabilitation order with fostering, or

(c) any other youth rehabilitation order,

it may not make an order of any other of those kinds in respect of the other offence, or any of the other offences.

(3) If the court makes two or more youth rehabilitation orders with intensive supervision and surveillance, or with fostering, both or all of the orders must take effect at the same time (in accordance with paragraph 30(1) or (2)).

(4) Where the court includes requirements of the same kind in two or more youth rehabilitation orders, it must direct, in relation to each requirement of that kind, whether—

(a) it is to be concurrent with the other requirement or requirements of that kind, or any of them, or

(b) it and the other requirement or requirements of that kind, or any of them, are to be consecutive.

(5) But the court may not direct that two or more fostering requirements are to be consecutive.

(6) Where the court directs that two or more requirements of the same kind are to be consecutive—

(a) the number of hours, days or months specified in relation to one of them is additional to the number of hours, days, or months specified in relation to the other or others, but

(b) the aggregate number of hours, days or months specified in relation to both or all of them must not exceed the maximum number which may be specified in relation to any one of them.

(7) For the purposes of sub-paragraphs (4) and (6), requirements are of the same kind if they fall within the same paragraph of Part 2 of this Schedule.

Commencement Information

I32 Sch. 1 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 4 E+W Provisions applying where court makes youth rehabilitation order etc.

Date for compliance with requirements to be specified in order E+W

32 (1) A youth rehabilitation order must specify a date, not more than 3 years after the date on which the order takes effect, by which all the requirements in it must have been complied with. E+W

(2) A youth rehabilitation order which imposes two or more different requirements falling within Part 2 of this Schedule may also specify an earlier date or dates in relation to compliance with any one or more of them.

(3) In the case of a youth rehabilitation order with intensive supervision and surveillance, the date specified for the purposes of sub-paragraph (1) must not be earlier than 6 months after the date on which the order takes effect.

Commencement Information

I33 Sch. 1 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Local justice area to be specified in order E+W

33 E+W A youth rehabilitation order must specify the local justice area in which the offender resides or will reside.

Commencement Information

I34 Sch. 1 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Provision of copies of orders E+W

34 (1) The court by which any youth rehabilitation order is made must forthwith provide copies of the order— E+W

(a) to the offender,

(b) if the offender is aged under 14, to the offender's parent or guardian, and

(c) to a member of a youth offending team assigned to the court, to an officer of a local probation board assigned to the court or to an officer of a provider of probation services.

(2) Sub-paragraph (3) applies where a youth rehabilitation order—

(a) is made by the Crown Court, or

(b) is made by a magistrates' court which does not act in the local justice area specified in the order.

(3) The court making the order must—

(a) provide to the magistrates' court acting in the local justice area specified in the order—

(i) a copy of the order, and

(ii) such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order, and

(b) provide a copy of the order to the local probation board acting for that area or (as the case may be) a provider of probation services operating in that area.

(4) Where a youth rehabilitation order imposes any requirement specified in the first column of the following Table, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Table with a copy of so much of the order as relates to that requirement.

Requirement	Person to whom copy of requirement is to be given
An activity requirement specifying a place under paragraph 6(1)(a).	The person in charge of that place.
An activity requirement specifying an activity under paragraph 6(1)(b).	The person in charge of that activity.
An activity requirement specifying a residential exercise under paragraph 6(1)(c).	The person in charge of the place or activity specified under paragraph 6(4) in relation to that residential exercise.
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 12(1).
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected.
A residence requirement requiring residence with an individual.	The individual specified under paragraph 16(1)(a).
A place of residence requirement (within the meaning of paragraph 16) relating to residence in an institution.	The person in charge of the institution.
A local authority residence requirement.	The local authority specified under paragraph 17(1).
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (2)(a) or (b) of paragraph 20, or the person specified under sub-paragraph (2)(c) of that paragraph.
A drug treatment requirement.	The treatment provider specified under paragraph 22(1).
A drug testing requirement.	The treatment provider specified under paragraph 22(1).
An intoxicating substance treatment requirement	The person specified under paragraph 24(1).
An education requirement.	The [F14 local authority] specified under paragraph 25(2).
An electronic monitoring requirement.	Any person who by virtue of paragraph 26(4) will be responsible for the electronic monitoring. Any person without whose consent the requirement could not have been included in the order.

Textual Amendments

F14 Words in Sch. 1 para. 34(4) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 63(2)(b)

Commencement Information

I35 Sch. 1 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Power to provide for court review of orders E+W

35 (1) The Secretary of State may by order— E+W

(a) enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court,

(b) enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and

(c) make provision as to the timing and conduct of reviews and as to the powers of the court on a review.

(2) An order under this paragraph may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of suspended sentence orders) in relation to suspended sentence orders.

(3) An order under this paragraph may repeal or amend any provision of—

(a) this Part of this Act, or

(b) Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing).

Commencement Information

I36 Sch. 1 para. 35 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(g)

Order made by Crown Court: direction in relation to further proceedings E+W

36 (1) Where the Crown Court makes a youth rehabilitation order, it may include in the order a direction that further proceedings relating to the order be in a youth court or other magistrates' court (subject to paragraph 7 of Schedule 2). E+W

(2) In sub-paragraph (1), “further proceedings”, in relation to a youth rehabilitation order, means proceedings—

(a) for any failure to comply with the order within the meaning given by paragraph 1(2)(b) of Schedule 2, or

(b) on any application for amendment or revocation of the order under Part 3 or 4 of that Schedule.

Commencement Information

I37 Sch. 1 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Section 2

SCHEDULE 2 E+W Breach, revocation or amendment of youth rehabilitation orders

Modifications etc. (not altering text)

C1 Sch. 2 modified by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6A) (as inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 44(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v))

Part 1 E+W Preliminary

Interpretation E+W

1 (1) In this Schedule, “the offender”, in relation to a youth rehabilitation order, means the person in respect of whom the order is made. E+W

(2) In this Schedule—

(a) any reference (however expressed) to an offender's compliance with a youth rehabilitation order is a reference to the offender's compliance with—

(i) the requirement or requirements imposed by the order, and

(ii) if the order imposes an attendance centre requirement, rules made under section 222(1)(d) or (e) of the Criminal Justice Act 2003 (c. 44) (“attendance centre rules”), and

(b) any reference (however expressed) to the offender's failure to comply with the order is a reference to any failure of the offender to comply—

(i) with a requirement imposed by the order, or

(ii) if the order imposes an attendance centre requirement, with attendance centre rules.

(3) For the purposes of this Schedule—

(a) a requirement falling within any paragraph of Part 2 of Schedule 1 is of the same kind as any other requirement falling within that paragraph, and

(b) an electronic monitoring requirement is a requirement of the same kind as any requirement falling within Part 2 of Schedule 1 to which it relates.

Commencement Information

I38 Sch. 2 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Orders made on appeal E+W

2 E+W Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is to be treated—

(a) if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, as having been made by the Crown Court.

Commencement Information

I39 Sch. 2 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 2 E+W Breach of requirement of order

Duty to give warning E+W

3 (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with a youth rehabilitation order, the responsible officer must give the offender a warning under this paragraph unless under paragraph 4(1) or (3) the responsible officer causes an information to be laid before a justice of the peace in respect of the failure. E+W

(2) A warning under this paragraph must—

(a) describe the circumstances of the failure,

(b) state that the failure is unacceptable, and

(c) state that the offender will be liable to be brought before a court—

(i) in a case where the warning is given during the warned period relating to a previous warning under this paragraph, if during that period the offender again fails to comply with the order, or

(ii) in any other case, if during the warned period relating to the warning, the offender fails on more than one occasion to comply with the order.

(3) The responsible officer must, as soon as practicable after the warning has been given, record that fact.

(4) In this paragraph, “warned period”, in relation to a warning under this paragraph, means the period of 12 months beginning with the date on which the warning was given.

Commencement Information

I40 Sch. 2 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Breach of order E+W

4 (1) If the responsible officer— E+W

(a) has given a warning (“the first warning”) under paragraph 3 to the offender in respect of a youth rehabilitation order,

(b) during the warned period relating to the first warning, has given another warning under that paragraph to the offender in respect of a failure to comply with the order, and

(c) is of the opinion that, during the warned period relating to the first warning, the offender has again failed without reasonable excuse to comply with the order,

the responsible officer must cause an information to be laid before a justice of the peace in respect of the failure mentioned in paragraph (c).

(2) But sub-paragraph (1) does not apply if the responsible officer is of the opinion that there are exceptional circumstances which justify not causing an information to be so laid.

(3) If—

(a) the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with a youth rehabilitation order, and

(b) sub-paragraph (1) does not apply (in a case not within sub-paragraph (2)),

the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.

(4) In this paragraph, “warned period” has the same meaning as in paragraph 3.

Commencement Information

I41 Sch. 2 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Issue of summons or warrant by justice of the peace E+W

5 (1) If at any time while a youth rehabilitation order is in force it appears on information to a justice of the peace that an offender has failed to comply with a youth rehabilitation order, the justice may— E+W

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(2) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) if the youth rehabilitation order was made by the Crown Court and does not include a direction under paragraph 36 of Schedule 1, before the Crown Court, and

(b) in any other case, before the appropriate court.

(3) In sub-paragraph (2), “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(4) In sub-paragraph (3), “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the local justice area specified in the youth rehabilitation order.

(5) Sub-paragraphs (6) and (7) apply where the offender does not appear in answer to a summons issued under this paragraph.

(6) If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a) unless the summons was issued under this sub-paragraph, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b) in any case, issue a warrant for the arrest of the offender.

(7) If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I42 Sch. 2 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of magistrates' court E+W

6 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and

(b) it is proved to the satisfaction of the court that the offender has failed without reasonable excuse to comply with the youth rehabilitation order.

(2) The court may deal with the offender in respect of that failure in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding—

(i) £250, if the offender is aged under 14, or

(ii) £1,000, in any other case;

(b) by amending the terms of the youth rehabilitation order so as to impose any requirement which could have been included in the order when it was made—

(i) in addition to, or

(ii) in substitution for,

any requirement or requirements already imposed by the order;

(c) by dealing with the offender, for the offence in respect of which the order was made, in any way in which the court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(3) Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

(4) In dealing with the offender under sub-paragraph (2), the court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5) A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(6) Any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1.

(7) Where—

(a) the court is dealing with the offender under sub-paragraph (2)(b), and

(b) the youth rehabilitation order does not contain an unpaid work requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “ 20 ”.

(8) The court may not under sub-paragraph (2)(b) impose—

(a) an extended activity requirement, or

(b) a fostering requirement,

if the order does not already impose such a requirement.

(9) Where—

(a) the order imposes a fostering requirement (the “original requirement”), and

(b) under sub-paragraph (2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(10) Where—

(a) the court deals with the offender under sub-paragraph (2)(b), and

(b) it would not otherwise have the power to amend the youth rehabilitation order under paragraph 13 (amendment by reason of change of residence),

that paragraph has effect as if references in it to the appropriate court were references to the court which is dealing with the offender.

(11) Where the court deals with the offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(12) Sub-paragraphs (13) to (15) apply where—

(a) the court is dealing with the offender under sub-paragraph (2)(c), and

(b) the offender has wilfully and persistently failed to comply with a youth rehabilitation order.

(13) The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b).

(14) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b) the offence mentioned in sub-paragraph (2)(c) was punishable with imprisonment,

the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences).

(15) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (13) or paragraph 8(12), and

(b) the offence mentioned in sub-paragraph (2)(c) was not punishable with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months.

(16) An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (2)(c).

Commencement Information

I43 Sch. 2 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power of magistrates' court to refer offender to Crown Court E+W

7 (1) Sub-paragraph (2) applies if— E+W

(a) the youth rehabilitation order was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b) a youth court or other magistrates' court would (apart from that sub-paragraph) be required, or has the power, to deal with the offender in one of the ways mentioned in paragraph 6(2).

(2) The court may instead—

(a) commit the offender in custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3) Where a court deals with the offender's case under sub-paragraph (2) it must send to the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the youth rehabilitation order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

Commencement Information

I44 Sch. 2 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of Crown Court E+W

8 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 7(2), and

(b) it is proved to the satisfaction of that court that the offender has failed without reasonable excuse to comply with the youth rehabilitation order.

(2) The Crown Court may deal with the offender in respect of that failure in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding—

(i) £250, if the offender is aged under 14, or

(ii) £1,000, in any other case;

(b) by amending the terms of the youth rehabilitation order so as to impose any requirement which could have been included in the order when it was made—

(i) in addition to, or

(ii) in substitution for,

any requirement or requirements already imposed by the order;

(c) by dealing with the offender, for the offence in respect of which the order was made, in any way in which the Crown Court could have dealt with the offender for that offence.

(3) Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

(4) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5) A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(6) Any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1.

(7) Where—

(a) the court is dealing with the offender under sub-paragraph (2)(b), and

(b) the youth rehabilitation order does not contain an unpaid work requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “ 20 ”.

(8) The court may not under sub-paragraph (2)(b) impose—

(a) an extended activity requirement, or

(b) a fostering requirement,

if the order does not already impose such a requirement.

(9) Where—

(a) the order imposes a fostering requirement (the “original requirement”), and

(b) under sub-paragraph (2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(10) Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(11) Sub-paragraphs (12) to (14) apply where—

(a) an offender has wilfully and persistently failed to comply with a youth rehabilitation order; and

(b) the Crown Court is dealing with the offender under sub-paragraph (2)(c).

(12) The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b).

(13) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b) the offence mentioned in sub-paragraph (2)(c) was punishable with imprisonment,

the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences).

(14) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of paragraph 6(13) or sub-paragraph (12), and

(b) the offence mentioned in sub-paragraph (2)(c) was not punishable with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the Crown Court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months.

(15) In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I45 Sch. 2 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Restriction of powers in paragraphs 6 and 8 where treatment required E+W

9 (1) Sub-paragraph (2) applies where a youth rehabilitation order imposes any of the following requirements in respect of an offender— E+W

(a) a mental health treatment requirement;

(b) a drug treatment requirement;

(c) an intoxicating substance treatment requirement.

(2) The offender is not to be treated for the purposes of paragraph 6 or 8 as having failed to comply with the order on the ground only that the offender had refused to undergo any surgical, electrical or other treatment required by that requirement if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Commencement Information

I46 Sch. 2 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power to amend amounts of fines E+W

10 (1) The Secretary of State may by order amend any sum for the time being specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii) (as the case may be) has been substituted by an order under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, the date on which this Act was passed.

(4) An order under sub-paragraph (1) (a “fine amendment order”) must not have effect in relation to any youth rehabilitation order made in respect of an offence committed before the fine amendment order comes into force.

Commencement Information

I47 Sch. 2 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 3 E+W Revocation of order

Revocation of order with or without re-sentencing: powers of appropriate court E+W

11 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of any offender,

(b) the order—

(i) was made by a youth court or other magistrates' court, or

(ii) was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(c) the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2) If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the appropriate court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) deal with the offender, for the offence in respect of which the order was made, in any way in which the appropriate court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(3) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender's making good progress or responding satisfactorily to supervision or treatment (as the case requires).

(4) In dealing with an offender under sub-paragraph (2)(b), the appropriate court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(5) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

(6) No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(7) If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the appropriate court.

(8) In this paragraph, “the appropriate court” means—

(a) if the offender is aged under 18 when the application under sub-paragraph (1) was made, a youth court acting in the local justice area specified in the youth rehabilitation order, and

(b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

Commencement Information

I48 Sch. 2 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Revocation of order with or without re-sentencing: powers of Crown Court E+W

12 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender,

(b) the order—

(i) was made by the Crown Court, and

(ii) does not contain a direction under paragraph 36 of Schedule 1, and

(c) the offender or the responsible officer makes an application to the Crown Court under this sub-paragraph.

(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) deal with the offender, for the offence in respect of which the order was made, in any way in which the Crown Court could have dealt with the offender for that offence.

(3) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender's making good progress or responding satisfactorily to supervision or treatment (as the case requires).

(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5) No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(6) If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the Crown Court.

Commencement Information

I49 Sch. 2 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 4 E+W Amendment of order

Amendment by appropriate court E+W

13 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender,

(b) the order—

(i) was made by a youth court or other magistrates' court, or

(ii) was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(c) an application for the amendment of the order is made to the appropriate court by the offender or the responsible officer.

(2) If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court—

(a) must, if the application under sub-paragraph (1)(c) was made by the responsible officer, or

(b) may, in any other case,

amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order.

(3) Sub-paragraph (2) is subject to paragraph 15.

(4) The appropriate court may by order amend the youth rehabilitation order—

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind which could have been included in the order when it was made.

(5) Sub-paragraph (4) is subject to paragraph 16.

(6) In this paragraph, “the appropriate court” means—

(a) if the offender is aged under 18 when the application under sub-paragraph (1) was made, a youth court acting in the local justice area specified in the youth rehabilitation order, and

(b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

Commencement Information

I50 Sch. 2 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Amendment by Crown Court E+W

14 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender,

(b) the order—

(i) was made by the Crown Court, and

(ii) does not contain a direction under paragraph 36 of Schedule 1, and

(c) an application for the amendment of the order is made to the Crown Court by the offender or the responsible officer.

(2) If the Crown Court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court—

(a) must, if the application under sub-paragraph (1)(c) was made by the responsible officer, or

(b) may, in any other case,

amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order.

(3) Sub-paragraph (2) is subject to paragraph 15.

(4) The Crown Court may by order amend the youth rehabilitation order—

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind which could have been included in the order when it was made.

(5) Sub-paragraph (4) is subject to paragraph 16.

Commencement Information

I51 Sch. 2 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Exercise of powers under paragraph 13(2) or 14(2): further provisions E+W

15 (1) In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a youth rehabilitation order, means a requirement contained in the order which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the local justice area specified in the youth rehabilitation order. E+W

(2) A court may not under paragraph 13(2) or 14(2) amend a youth rehabilitation order which contains specific area requirements unless, in accordance with paragraph 13(4) or, as the case may be, 14(4), it either—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender resides in the new local justice area mentioned in paragraph 13(2) or (as the case may be) 14(2).

(3) If—

(a) the application under paragraph 13(1)(c) or 14(1)(c) was made by the responsible officer, and

(b) the youth rehabilitation order contains specific area requirements,

the court must, unless it considers it inappropriate to do so, so exercise its powers under paragraph 13(4) or, as the case may be, 14(4) that it is not prevented by sub-paragraph (2) from amending the order under paragraph 13(2) or, as the case may be, 14(2).

(4) The court may not under paragraph 13(2) or, as the case may be, 14(2) amend a youth rehabilitation order imposing a programme requirement unless the court is satisfied that a programme which—

(a) corresponds as nearly as practicable to the programme specified in the order for the purposes of that requirement, and

(b) is suitable for the offender,

is available in the new local justice area.

Commencement Information

I52 Sch. 2 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Exercise of powers under paragraph 13(4) or 14(4): further provisions E+W

16 (1) Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1. E+W

(2) Where—

(a) a youth rehabilitation order imposes a fostering requirement (the “original requirement”), and

(b) under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(3) The court may not under paragraph 13(4) or 14(4) impose—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(4) If an offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 13(4) or 14(4), the court may—

(a) revoke the youth rehabilitation order, and

(b) deal with the offender, for the offence in respect of which the order was made, in any way in which that court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(5) In dealing with the offender under sub-paragraph (4)(b), the court must take into account the extent to which the offender has complied with the order.

Commencement Information

I53 Sch. 2 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Extension of unpaid work requirement E+W

17 E+W Where—

(a) a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender, and

(b) on the application of the offender or the responsible officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of 12 months specified in paragraph 10(6) of Schedule 1.

Commencement Information

I54 Sch. 2 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 5 E+W Powers of court in relation to order following subsequent conviction

Powers of magistrates' court following subsequent conviction E+W

18 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender, and

(b) the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates' court (“the convicting court”).

(2) Sub-paragraphs (3) and (4) apply where—

(a) the youth rehabilitation order—

(i) was made by a youth court or other magistrates' court, or

(ii) was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b) the convicting court is dealing with the offender for the further offence.

(3) The convicting court may revoke the order.

(4) Where the convicting court revokes the order under sub-paragraph (3), it may deal with the offender, for the offence in respect of which the order was made, in any way in which it could have dealt with the offender for that offence (had the offender been before that court to be dealt with for the offence).

(5) The convicting court may not exercise its powers under sub-paragraph (3) or (4) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made.

(6) In dealing with an offender under sub-paragraph (4), the sentencing court must take into account the extent to which the offender has complied with the order.

(7) A person sentenced under sub-paragraph (4) for an offence may appeal to the Crown Court against the sentence.

(8) Sub-paragraph (9) applies where—

(a) the youth rehabilitation order was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b) the convicting court would, but for that sub-paragraph, deal with the offender for the further offence.

(9) The convicting court may, instead of proceeding under sub-paragraph (3)—

(a) commit the offender in custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(10) Sub-paragraph (11) applies if the youth rehabilitation order was made by the Crown court and does not contain a direction under paragraph 36 of Schedule 1.

(11) The convicting court may—

(a) commit the offender in custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(12) Where the convicting court deals with an offender's case under sub-paragraph (9) or (11), it must send to the Crown Court such particulars of the case as may be desirable.

Commencement Information

I55 Sch. 2 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of Crown Court following subsequent conviction E+W

19 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender, and

(b) the offender—

(i) is convicted by the Crown Court of an offence, or

(ii) is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11) or having been committed by the magistrates' court to the Crown Court for sentence.

(2) The Crown Court may revoke the order.

(3) Where the Crown Court revokes the order under sub-paragraph (2), the Crown Court may deal with the offender, for the offence in respect of which the order was made, in any way in which the court which made the order could have dealt with the offender for that offence.

(4) The Crown Court must not exercise its powers under sub-paragraph (2) or (3) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made.

(5) In dealing with an offender under sub-paragraph (3), the Crown Court must take into account the extent to which the offender has complied with the order.

(6) If the offender is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7) In sub-paragraph (6), “further offence” and “the convicting court” have the same meanings as in paragraph 18.

Commencement Information

I56 Sch. 2 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 6 E+W Supplementary

Appearance of offender before court E+W

20 (1) Subject to sub-paragraph (2), where, otherwise than on the application of the offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this Schedule, the court— E+W

(a) must summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(2) Sub-paragraph (1) does not apply where a court proposes to make an order—

(a) revoking a youth rehabilitation order,

(b) cancelling, or reducing the duration of, a requirement of a youth rehabilitation order, or

(c) substituting a new local justice area or place for one specified in a youth rehabilitation order.

Commencement Information

I57 Sch. 2 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Warrants E+W

21 (1) Sub-paragraph (2) applies where an offender is arrested in pursuance of a warrant issued by virtue of this Schedule and cannot be brought immediately before the court before which the warrant directs the offender to be brought (“the relevant court”). E+W

(2) The person in whose custody the offender is—

(a) may make arrangements for the offender's detention in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must within that period bring the offender before a magistrates' court.

(3) In the case of a warrant issued by the Crown Court, section 81(5) of the Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates' court) does not apply.

(4) A person who is detained under arrangements made under sub-paragraph (2)(a) is deemed to be in legal custody.

(5) In sub-paragraph (2)(a) “place of safety” has the same meaning as in the Children and Young Persons Act 1933.

(6) Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the offender is brought before a court (“the alternative court”) which is not the relevant court.

(7) If the relevant court is a magistrates' court—

(a) the alternative court may—

(i) direct that the offender be released forthwith, or

(ii) remand the offender, and

(b) for the purposes of paragraph (a), section 128 of the Magistrates' Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(8) If the relevant court is the Crown Court, section 43A of that Act (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a) the words “issued by the Crown Court” were omitted, and

(b) the reference to section 81(5) of the Supreme Court Act 1981 were a reference to sub-paragraph (2)(b).

(9) Any power to remand the offender in custody which is conferred by section 43A or 128 of the Magistrates' Courts Act 1980 is to be taken to be a power—

(a) if the offender is aged under 18, to remand the offender to accommodation provided by or on behalf of a local authority, and

(b) in any other case, to remand the offender to a prison.

(10) Where the court remands the offender to accommodation provided by or on behalf of a local authority, the court must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

Commencement Information

I58 Sch. 2 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Adjournment of proceedings E+W

22 (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, must not resume the hearing unless it is satisfied that the offender, the responsible officer and, if the offender is aged under 14, a parent or guardian of the offender have had adequate notice of the time and place of the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980 (c. 43).

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I59 Sch. 2 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Restrictions on imposition of intensive supervision and surveillance or fostering E+W

23 E+W Subsection (4), and the provisions mentioned in subsection (6), of section 1 apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b) or 14(4)(b) to impose a requirement as they apply in relation to any power conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation order which includes such a requirement.

Commencement Information

I60 Sch. 2 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Provision of copies of orders etc. E+W

24 (1) Where a court makes an order under this Schedule revoking or amending a youth rehabilitation order, the proper officer of the court must forthwith— E+W

(a) provide copies of the revoking or amending order to the offender and, if the offender is aged under 14, to the offender's parent or guardian,

(b) provide a copy of the revoking or amending order to the responsible officer,

(c) in the case of an amending order which substitutes a new local justice area, provide copies of the amending order to—

(i) the local probation board acting for that area or (as the case may be) a provider of probation services operating in that area, and

(ii) the magistrates' court acting in that area,

(d) in the case of an amending order which imposes or cancels a requirement specified in the first column of the Table in paragraph 34(4) of Schedule 1, provide a copy of so much of the amending order as relates to that requirement to the person specified in relation to that requirement in the second column of that Table,

(e) in the case of an order which revokes a requirement specified in the first column of that Table, provide a copy of the revoking order to the person specified in relation to that requirement in the second column of that Table, and

(f) if the court is a magistrates' court acting in a local justice area other than the area specified in the youth rehabilitation order, provide a copy of the revoking or amending order to a magistrates' court acting in the local justice area specified in the order.

(2) Where under sub-paragraph (1)(c) the proper officer of the court provides a copy of an amending order to a magistrates' court acting in a different area, the officer must also provide to that court such documents and information relating to the case as appear likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(3) In this paragraph “proper officer” means—

(a) in relation to a magistrates' court, the designated officer for the court, and

(b) in relation to the Crown Court, the appropriate officer.

Commencement Information

I61 Sch. 2 para. 24 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power to amend maximum period of fostering requirement E+W

25 E+W The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by substituting, for—

(a) the period of 18 months specified in the provision, or

(b) any other period which may be so specified by virtue of a previous order under this paragraph,

such other period as may be specified in the order.

Commencement Information

I62 Sch. 2 para. 25 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Section 3

SCHEDULE 3 E+W+N.I. Transfer of youth rehabilitation orders to Northern Ireland

Part 1 E+W+N.I. Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland E+W+N.I.

1 (1) This paragraph applies where a court considering the making of a youth rehabilitation order is satisfied that the offender— E+W+N.I.

(a) resides in Northern Ireland, or

(b) will reside there when the order takes effect.

(2) The court may not make a youth rehabilitation order in respect of the offender unless it appears to the court that—

(a) in the case of an order imposing a requirement mentioned in sub-paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are satisfied, or

(b) in any other case, that the conditions in sub-paragraphs (3) and (4) are satisfied.

(3) The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b).

(4) The condition in this sub-paragraph is satisfied if suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order.

(5) The condition in this sub-paragraph is satisfied in relation to an order imposing a requirement mentioned in sub-paragraph (6) if—

(a) arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order takes effect, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(6) The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) an electronic monitoring requirement.

(7) The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.

Commencement Information

I63 Sch. 3 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland E+W+N.I.

2 (1) This paragraph applies where the appropriate court for the purposes of paragraph 13(2) of Schedule 2 (amendment by reason of change of residence) or the Crown Court is satisfied that an offender in respect of whom a youth rehabilitation order is in force is residing or proposes to reside in Northern Ireland. E+W+N.I.

(2) The power of the court to amend the order under Part 4 of Schedule 2 includes power to amend it by requiring it to be complied with in Northern Ireland if it appears to the court that—

(a) in the case of an order which once amended will impose a requirement mentioned in sub-paragraph (6), that the conditions in sub-paragraphs (3), (4) and (5) are satisfied, or

(b) in any other case, that the conditions in sub-paragraphs (3) and (4) are satisfied.

(3) The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b).

(4) The condition in this sub-paragraph is satisfied if suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order.

(5) The condition in this sub-paragraph is satisfied in relation to an order that will impose a requirement mentioned in sub-paragraph (6) if—

(a) arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the amendment to the order takes effect, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(6) The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) an electronic monitoring requirement.

(7) The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.

Commencement Information

I64 Sch. 3 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2 E+W+N.I.

3 E+W+N.I. A youth rehabilitation order made or amended in accordance with paragraph 1 or 2 must—

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment takes effect, and

(b) specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland,

and paragraph 33 of Schedule 1 (local justice area to be specified in order) does not apply in relation to an order so made or amended.

Commencement Information

I65 Sch. 3 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

4 (1) Before making or amending a youth rehabilitation order in accordance with paragraph 1 or 2, the court must explain to the offender in ordinary language— E+W+N.I.

(a) the requirements of the legislation in Northern Ireland relating to the order to be specified under paragraph 3(b),

(b) the powers of the home court under that legislation, as modified by Part 2 of this Schedule, and

(c) its own powers under Part 2 of this Schedule.

(2) The court which makes or amends the order must—

(a) provide the persons mentioned in sub-paragraph (3) with a copy of the order as made or amended, and

(b) provide the home court with such other documents and information relating to the case as it considers likely to be of assistance to that court;

and sub-paragraphs (1) to (3) of paragraph 34 of Schedule 1 (provision of copies of orders) do not apply.

(3) The persons referred to in sub-paragraph (2)(a) are—

(a) the offender,

(b) where the offender is aged under 14—

(i) the offender's parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority,

(c) the body which is to make suitable arrangements for the offender's supervision under the order, and

(d) the home court.

(4) In sub-paragraph (3)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) references to an offender who is looked after by an authority are to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(5) In this paragraph, “home court” has the meaning given by paragraph 8.

Commencement Information

I66 Sch. 3 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Modifications to Part 1 E+W+N.I.

5 (1) Where a court is considering the making or amendment of a youth rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth rehabilitation orders) has effect subject to the following modifications. E+W+N.I.

(2) The following provisions of Schedule 1 are omitted—

(a) in paragraph 8(3)(a) (activity requirement: further provisions), the words “a member of a youth offending team or”,

(b) paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement),

(c) paragraph 16(7) (residence requirement: restriction on requiring residence at hostel or institution), and

(d) paragraphs 18(7), 22(4)(a), 23(3)(a) and 26(6) and (7) (availability of arrangements in local area: fostering requirement, drug treatment and testing requirements and electronic monitoring requirement).

(3) In paragraph 12 of Schedule 1 (attendance centre requirement) any reference to an attendance centre has effect as a reference to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).

(4) In paragraph 20 of that Schedule (mental health treatment requirement), for sub-paragraph (2)(a) there is substituted—

“(a) treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”.

[F15 (5) The references to a local authority in paragraph 25 of that Schedule (education requirement) (except in sub-paragraph (6) of that paragraph) have effect as references to an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).]

(6) In paragraph 26 of that Schedule (electronic monitoring requirements: common provisions) sub-paragraph (5) is omitted.

[F16 (6A) The reference in the second column of the Table in paragraph 34(4) of that Schedule (additional persons to whom court must give a copy of the order) to the local authority specified under paragraph 25(2) of that Schedule has effect as a reference to the Education and Library Board specified under that paragraph.]

(7) Paragraph 36 of that Schedule has effect as if it required the Crown Court, where it makes a direction under that paragraph, to specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England or Wales for the purposes of Part 2 of this Schedule.

(8) Any reference to the responsible officer has effect as a reference to the person who is to be responsible for the offender's supervision under the order.

Textual Amendments

F15 Sch. 3 para. 5(5) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 63(3)

F16 Sch. 3 para. 5(6A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 63(4)

Commencement Information

I67 Sch. 3 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Meaning of “supervision” E+W+N.I.

6 E+W+N.I. In this Part of this Schedule “supervision”, in relation to a youth rehabilitation order which a court is considering making or amending in accordance with paragraph 1 or 2, means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to corresponding orders of the kind which the court proposes to specify under paragraph 3(b).

Commencement Information

I68 Sch. 3 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Part 2 E+W+N.I. Provisions relating to an order made or amended under Part 1

Application of this Part E+W+N.I.

7 E+W+N.I. This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I69 Sch. 3 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Interpretation E+W+N.I.

8 E+W+N.I. In this Part of this Schedule, in relation to the youth rehabilitation order—

• “corresponding order” means the order specified under paragraph 3(b);

• “home court” means—

  (a)

  the court of summary jurisdiction acting for the petty sessions district in Northern Ireland in which the offender resides or proposes to reside, or

  (b)

  where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 11, the Crown Court in Northern Ireland;

• “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

• “the relevant court in England or Wales” means—

  (a)

  the court in England and Wales which made or which last amended the order, or

  (b)

  if the order was made by the Crown Court and includes a direction under paragraph 36 of Schedule 1, such youth court or other magistrates' court as may be specified in the order;

• “the relevant officer” means the person responsible for the offender's supervision under the order.

Commencement Information

I70 Sch. 3 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Effect of the youth rehabilitation order in Northern Ireland E+W+N.I.

9 (1) The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly. E+W+N.I.

(2) Sub-paragraph (1) is subject to paragraphs 12 to 16.

Commencement Information

I71 Sch. 3 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Duty of offender to keep in touch with relevant officer E+W+N.I.

10 E+W+N.I. In section 5(5) (duty of offender to keep in touch with responsible officer), references to the responsible officer are to be read as references to the relevant officer.

Commencement Information

I72 Sch. 3 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction E+W+N.I.

11 E+W+N.I. Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside.

Commencement Information

I73 Sch. 3 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Powers of the home court in respect of the youth rehabilitation order E+W+N.I.

12 E+W+N.I. The home court may exercise in relation to the youth rehabilitation order any power which it could exercise in relation to a corresponding order made by a court in Northern Ireland, by virtue of the legislation relating to such orders which has effect there, except the following—

(a) any power to discharge or revoke the order (other than a power to revoke the order where the offender has been convicted of a further offence and the court has imposed a custodial sentence),

(b) any power to deal with the offender for the offence in respect of which the order was made, and

(c) in the case of a youth rehabilitation order imposing a curfew requirement, any power to vary the order by substituting for the period specified in it any longer period than the court which made the order could have specified.

Commencement Information

I74 Sch. 3 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

13 (1) The home court may require the offender to appear before the relevant court in England or Wales if sub-paragraph (2) or (3) applies. E+W+N.I.

(2) This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate acting for the petty sessions district for the time being specified in the order that the offender has failed to comply with one or more requirements of the order.

(3) This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for a power conferred by any of paragraphs 11 to 14 of Schedule 2 to be exercised.

Commencement Information

I75 Sch. 3 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

14 E+W+N.I. Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales—

(a) the home court must send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable, and

(b) a certificate purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the failure before the relevant court in England or Wales.

Commencement Information

I76 Sch. 3 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Powers of court in England or Wales before which the offender is required to appear E+W+N.I.

15 E+W+N.I. Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales, that court may—

(a) issue a warrant for the offender's arrest, and

(b) exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales,

and any enactment relating to the exercise of such powers has effect accordingly, and with any reference to the responsible officer being read as a reference to the relevant officer.

Commencement Information

I77 Sch. 3 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

16 (1) Paragraph 15(b) does not enable the relevant court in England or Wales to amend the youth rehabilitation order unless it appears to the court that the conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any requirement to be imposed. E+W+N.I.

(2) The preceding paragraphs of this Schedule have effect in relation to the amendment of the youth rehabilitation order by virtue of paragraph 15(b) as they have effect in relation to the amendment of such an order by virtue of paragraph 2(2).

Commencement Information

I78 Sch. 3 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland E+W+N.I.

17 (1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction. E+W+N.I.

(2) The Secretary of State may by order make such amendments to any of the preceding provisions of this Schedule as appear expedient in consequence of the change.

Commencement Information

I79 Sch. 3 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Section 6

SCHEDULE 4 E+W Youth rehabilitation orders: consequential and related amendments

Part 1 E+W Consequential amendments

Children and Young Persons Act 1933 (c. 12) E+W

1 E+W The Children and Young Persons Act 1933 has effect subject to the following amendments.

Commencement Information

I80 Sch. 4 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

2 (1) Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows. E+W

(2) In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

(3) After subsection (7A) insert—

“(7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.”

Commencement Information

I81 Sch. 4 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

3 (1) Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows. E+W

(2) In subsection (2), for paragraphs (c) and (d) substitute—

“(c) proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d) proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).”

(3) In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

(4) In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

(5) In subsection (13), omit paragraph (c)(i).

Commencement Information

I82 Sch. 4 para. 3(1) (2) (4) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ii)

Criminal Appeal Act 1968 (c. 19) E+W

4 E+W In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

“(b) having been given a suspended sentence or made the subject of—

(i) an order for conditional discharge,

(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or

(iii) a community order within the meaning of Part 12 of the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further dealt with for the offence.”

Commencement Information

I83 Sch. 4 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Firearms Act 1968 (c. 27) E+W

5 E+W The Firearms Act 1968 has effect subject to the following amendments.

Commencement Information

I84 Sch. 4 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

6 E+W In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I85 Sch. 4 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

7 E+W In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I86 Sch. 4 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Health Services and Public Health Act 1968 (c. 46) E+W

8 E+W The Health Services and Public Health Act 1968 has effect subject to the following amendments.

Commencement Information

I87 Sch. 4 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

9 E+W In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—

(a) in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

(b) after that paragraph, insert—

“(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I88 Sch. 4 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

10 E+W In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—

“(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I89 Sch. 4 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Social Work (Scotland) Act 1968 (c. 49) E+W

11 E+W The Social Work (Scotland) Act 1968 has effect subject to the following amendments.

Commencement Information

I90 Sch. 4 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

12 E+W In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.

Commencement Information

I91 Sch. 4 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

13 E+W In section 94(1) (interpretation)—

(a) for the definition of “probation order” substitute—

““probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,”,

(b) in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

(c) at the end insert—

““youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I92 Sch. 4 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Children and Young Persons Act 1969 (c. 54) E+W

14 E+W The Children and Young Persons Act 1969 has effect subject to the following amendments.

Commencement Information

I93 Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

15 E+W Omit section 25 (transfers between England or Wales and Northern Ireland).

Commencement Information

I94 Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

16 (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows. E+W

(2) In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

(3) In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

Commencement Information

I95 Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

17 (1) Section 32 (detention of absentees) is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b) for paragraph (b) substitute—

“(b) from local authority accommodation—

(i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

(ii) to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

(iii) to which he has been remanded or committed under section 23(1) of this Act,”.

(3) For subsection (1C) substitute—

“(1C) In this section “the responsible person” means, as the case may be—

(a) the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

(b) the authority specified under paragraph 17(5) of Schedule 1 to that Act;

(c) the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

(d) the authority designated under section 23 of this Act.”

(4) After subsection (1C) insert—

“(1D) If a child or young person—

(a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E) A person so arrested shall be conducted to—

(a) the place where he is required to reside, or

(b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.”

(5) In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

(6) In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

(7) In subsection (2B)—

(a) after “subsection (1A)” insert “ or (1D) ”, and

(b) at the end insert “ or the responsible officer, as the case may be. ”

(8) In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

(9) In subsection (4), after “(1A)” insert “ , (1D) ”.

Commencement Information

I96 Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

18 E+W In section 70(1) (interpretation)—

(a) omit the definition of “supervision order”,

(b) after the definition of “local authority accommodation” insert—

““local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;”, and

(c) after the definition of “youth offending team” insert—

““youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”.

Commencement Information

I97 Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

19 E+W In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Commencement Information

I98 Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Rehabilitation of Offenders Act 1974 (c. 53) E+W

20 E+W The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.

Commencement Information

I99 Sch. 4 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

21 E+W In section 5(5) (rehabilitation periods for particular sentences) after paragraph (d) insert—

“(da) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I100 Sch. 4 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

22 E+W In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—

“(d) in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;”.

Commencement Information

I101 Sch. 4 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Bail Act 1976 (c. 63) E+W

23 E+W In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—

(a) omit the words “to be dealt with”, and

(b) for paragraph (a), substitute—

“(a) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or”.

Commencement Information

I102 Sch. 4 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Magistrates' Courts Act 1980 (c. 43) E+W

24 E+W In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Commencement Information

I103 Sch. 4 para. 24 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(iv)

Prospective

Contempt of Court Act 1981 (c. 49) E+W

25 E+W In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982 E+W

26 E+W Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

Commencement Information

I104 Sch. 4 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

27 (1) Paragraph 7 (transfer to England and Wales) is amended as follows. E+W

(2) In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(3) In sub-paragraph (2)(b)—

(a) after “a community order” insert “ or a youth rehabilitation order ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4) In sub-paragraph (3)—

(a) for “A community service order” substitute “ An adult community service order ”, and

(b) in paragraph (b)—

(i) omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

(ii) for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

(5) After sub-paragraph (3) insert—

“(4) A youth community service order made or amended in accordance with this paragraph shall—

(a) specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b) require—

(i) the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

(ii) a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

(5) The person appointed under sub-paragraph (4)(b) must be—

(a) where the appointment is made by a local probation board, an officer of that board;

(b) where the appointment is made by a provider of probation services, an officer of that provider;

(c) where the appointment is made by a youth offending team, a member of that team.”

Commencement Information

I105 Sch. 4 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

28 (1) Paragraph 9 (general provision) is amended as follows. E+W

(2) In sub-paragraph (3)—

(a) in paragraph (a)—

(i) for “a community service order” substitute “ an adult community service order ”;

(ii) omit “under section 177 of the Criminal Justice Act 2003”;

(iii) for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

(b) before “and” at the end of that paragraph insert—

“(aa) a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;”.

(3) In sub-paragraph (4)(a)—

(a) after “community orders” insert “ or youth rehabilitation orders ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4) In sub-paragraph (5)—

(a) after “community order” insert “ or youth rehabilitation order ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(5) In sub-paragraph (6)—

(a) after “community orders” insert “ or youth rehabilitation orders ”,

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

(c) in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I106 Sch. 4 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

29 E+W After that paragraph insert—

“Community service orders relating to persons residing in England and Wales: interpretation E+W

10 In paragraphs 7 and 9 above—

• “adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

• “community order” means an order made under section 177 of the Criminal Justice Act 2003;

• “youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

• “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I107 Sch. 4 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Mental Health Act 1983 (c. 20) E+W

30 E+W In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a) in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b) in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Commencement Information

I108 Sch. 4 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Child Abduction Act 1984 (c. 37) E+W

31 E+W In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

(a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b) in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I109 Sch. 4 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Prosecution of Offences Act 1985 (c. 23) E+W

32 (1) Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows. E+W

(2) In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

(3) After subsection (3B) insert—

“(3C) For the purposes of subsection (3B)(b)(i)—

• “community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003;

• “mental health treatment requirement” means—

  (a)

  in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and

  (b)

  in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;

• “youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I110 Sch. 4 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Children Act 1989 (c. 41) E+W

33 E+W The Children Act 1989 has effect subject to the following amendments.

Commencement Information

I111 Sch. 4 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

34 (1) Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows. E+W

(2) In subsection (2)(c)—

(a) in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

(b) for sub-paragraph (ii), substitute—

“(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or

(iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,”.

(3) After subsection (2) insert—

“(2A) In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

• “local authority residence requirement”;

• “youth rehabilitation order”;

• “youth rehabilitation order with fostering”.”

Commencement Information

I112 Sch. 4 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

35 E+W In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—

“(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or”.

Commencement Information

I113 Sch. 4 para. 35 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

36 E+W In section 105(6) (interpretation)—

(a) in paragraph (b), omit from the words “or an” to the end of the paragraph, and

(b) after that paragraph insert—

“(ba) in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or”.

Commencement Information

I114 Sch. 4 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

37 (1) Part 3 of Schedule 3 (education supervision orders) is amended as follows. E+W

(2) In paragraph 13(2), for paragraph (c) substitute—

“(c) a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);”.

(3) In paragraph 14—

(a) in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b) in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

Commencement Information

I115 Sch. 4 para. 37 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

38 E+W In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—

“(a) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I116 Sch. 4 para. 38 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice Act 1991 (c. 53) E+W

39 E+W Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

Commencement Information

I117 Sch. 4 para. 39 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

40 (1) Paragraph 10 is amended as follows. E+W

(2) In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute “—

(i) the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii) a youth offending team established by a local authority for the area in which he resides or will reside,”, and

(3) In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute “—

(i) an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii) a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;”.

Commencement Information

I118 Sch. 4 para. 40 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

41 (1) Paragraph 11 is amended as follows. E+W

(2) In sub-paragraph (2)—

(a) for “a probation order” substitute “ an adult probation order ”,

(b) in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

(c) in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

(3) After that sub-paragraph insert—

“(2A) Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

(a) the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

(b) the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.”

(4) In sub-paragraph (3)—

(a) for paragraph (a) substitute—

“(a) the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;”;

(b) in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

(5) In sub-paragraph (4)—

(a) after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

(b) omit “under section 177 of the Criminal Justice Act 2003”, and

(c) for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

(6) In sub-paragraph (5)—

(a) after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

(b) for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

(c) in paragraph (b) for the words from “of the” to “board” substitute “of—

(i) the offender, or

(ii) the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),”.

(7) In sub-paragraph (8)—

(a) after “In this paragraph” insert—

““adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

“community order” means an order made under section 177 of the Criminal Justice Act 2003;”;

(b) at the end insert—

““youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I119 Sch. 4 para. 41 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice and Public Order Act 1994 (c. 33) E+W

42 E+W In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.

Commencement Information

I120 Sch. 4 para. 42 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Procedure (Scotland) Act 1995 (c. 46) E+W

F17 43 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I121 Sch. 4 para. 43 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F17 44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I122 Sch. 4 para. 44 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F17 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I123 Sch. 4 para. 45 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F17 46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I124 Sch. 4 para. 46 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Education Act 1996 (c. 56) E+W

47 E+W In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I125 Sch. 4 para. 47 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Crime and Disorder Act 1998 (c. 37) E+W

48 E+W The Crime and Disorder Act 1998 has effect subject to the following amendments.

Commencement Information

I126 Sch. 4 para. 48 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

49 E+W In section 38(4) (local provision of youth justice services)—

(a) in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,

(b) after paragraph (f) insert—

“(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);

(fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);”,

(c) omit paragraph (g), and

(d) in paragraph (h), omit “or a supervision order”.

Commencement Information

I127 Sch. 4 para. 49 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

50 E+W In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.

Commencement Information

I128 Sch. 4 para. 50 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

51 E+W The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

Commencement Information

I129 Sch. 4 para. 51 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

52 E+W In section 19(4)(a) (making of referral orders: effect on court's other sentencing powers), for “community sentence” substitute “ sentence which consists of or includes a youth rehabilitation order ”.

Commencement Information

I130 Sch. 4 para. 52 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

53 E+W In section 73 (reparation orders)—

(a) for subsection (4)(b) substitute—

“(b) to make in respect of him a youth rehabilitation order or a referral order.”

(b) after subsection (4) insert—

“(4A) The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.

(4B) Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.”

Commencement Information

I131 Sch. 4 para. 53 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

54 E+W In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.

Commencement Information

I132 Sch. 4 para. 54 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(vi)

55 E+W In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.

Commencement Information

I133 Sch. 4 para. 55 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

56 E+W In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “ a youth rehabilitation order ”.

Commencement Information

I134 Sch. 4 para. 56 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

57 E+W In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—

(a) after “under—” insert—

“(za) paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),”, and

(b) omit paragraphs (a) to (c), and

(c) in paragraph (d) omit “action plan order or”.

Commencement Information

I135 Sch. 4 para. 57 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(viii)

58 E+W In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “ on the offender a sentence which consists of or includes a youth rehabilitation order ”.

Commencement Information

I136 Sch. 4 para. 58 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ix)

59 E+W In section 159 (execution of process between England and Wales and Scotland)—

(a) after “Schedule 1 to this Act,” insert “ or ”,

(b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

(c) omit “paragraph 1(1) of Schedule 5 to this Act”, and

(d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.

Commencement Information

I137 Sch. 4 para. 59(a)(b)(d) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(x)

60 (1) Section 160 (rules and orders) is amended as follows. E+W

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3)(a)—

(a) omit “40(2)(a),” and

(b) for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “ or 103(2) ”.

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 para. 60(2) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

F19 Sch. 4 para. 60(4) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

Commencement Information

I138 Sch. 4 para. 60(1) (3) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xi)

I139 Sch. 4 para. 60(2)(4) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xi) (Sch. 4 para. 60(2)(4) already repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180))

61 E+W In section 163 (general definitions)—

(a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

(b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

(c) at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I140 Sch. 4 para. 61(a) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xii)

I141 Sch. 4 para. 61(b)(c) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xii)

62 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. E+W

(2) In the heading to the Schedule omit “action plan orders and”.

(3) In the cross-heading before paragraph 2, omit “action plan order or”.

(4) In paragraph 2—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), omit sub-paragraphs (ii) and (iii), and

(ii) in each of paragraphs (b) and (c), omit “action plan order or”,

(c) in each of sub-paragraphs (5) and (7), omit “action plan order or”, and

(d) in sub-paragraph (8), omit “or action plan order” in both places where it occurs.

(5) Omit paragraphs 3 and 4.

(6) In the cross-heading before paragraph 5, omit “action plan order or”.

(7) In paragraph 5—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ” and, in paragraph (a), omit “action plan order or”, and

(b) in sub-paragraph (3), for “an action plan order or” substitute “ a ”.

(8) In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”.

(9) In paragraph 7(b), for “an action plan order or” substitute “ a ”.

Commencement Information

I142 Sch. 4 para. 62 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

63 E+W In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.

Commencement Information

I143 Sch. 4 para. 63 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

64 E+W In Schedule 11 (transitional provisions)—

(a) in paragraph 4, omit—

(i) paragraph (a) of sub-paragraph (1),

(ii) sub-paragraph (2), and

(iii) sub-paragraph (3), and

(b) omit paragraph 5.

Commencement Information

I144 Sch. 4 para. 64 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Child Support, Pensions and Social Security Act 2000 (c. 19) E+W

F20 65 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F20 66 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F20 67 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

Criminal Justice and Court Services Act 2000 (c. 43) E+W

68 E+W The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.

Commencement Information

I145 Sch. 4 para. 68 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

69 E+W In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.

Commencement Information

I146 Sch. 4 para. 69 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

70 E+W In section 70 (interpretation, etc.) omit subsection (5).

Commencement Information

I147 Sch. 4 para. 70 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Criminal Justice Act 2003 (c. 44) E+W

71 E+W Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.

Commencement Information

I148 Sch. 4 para. 71 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

72 (1) Section 147 (meaning of “community sentence” etc.) is amended as follows. E+W

(2) In subsection (1)—

(a) omit paragraph (b), and

(b) after that paragraph insert—

“(c) a youth rehabilitation order.”

(3) Omit subsection (2).

Commencement Information

I149 Sch. 4 para. 72 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

73 (1) Section 148 (restrictions on imposing community sentences) is amended as follows. E+W

(2) In subsection (2)—

(a) omit “which consists of or includes a community order”, and

(b) in paragraph (a), after “community order” insert “ , or, as the case may be, youth rehabilitation order, comprised in the sentence ”.

(3) After that subsection insert—

“(2A) Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).”

(4) Omit subsection (3).

Commencement Information

I150 Sch. 4 para. 73 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

74 E+W In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “ youth rehabilitation order ”.

Commencement Information

I151 Sch. 4 para. 74 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

75 E+W In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “ youth rehabilitation order ”.

Commencement Information

I152 Sch. 4 para. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

76 (1) Section 151 (community order for persistent offender previously fined) is amended as follows. E+W

(2) In the title, after “community order” insert “ or youth rehabilitation order ”.

(3) In subsections (1)(a) and [F21 (1A)(b) ], for “16” substitute “ 18 ”.

(4) After subsection (2) insert—

“(2A) Subsection (2B) applies where—

(a) a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”

(5) In subsection (3)—

(a) after “(2)” insert “ and (2B) ”; and

(b) in paragraph (a) for “or [F22 (1A)(c) ]” substitute “ [F22 (1A)(c) ] or (2A)(b) ”.

(6) In subsections (4), (5) and (6), for “and [F23 (1A)(c) ]” substitute “ [F23 (1A)(c) ] and (2A)(b) ”.

(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “ or (2B) ”.

Textual Amendments

F21 Word in Sch. 4 para. 76(3) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(a) (with s. 180)

F22 Word in Sch. 4 para. 76(5)(b) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

F23 Word in Sch. 4 para. 76(6) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

Commencement Information

I153 Sch. 4 para. 76 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

77 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows. E+W

(2) In subsection (1)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), ”, and

(b) after “153(2),” insert “ or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering), ”.

(3) In subsection (2) omit “or (3)(a)”.

(4) In subsection (3)(b)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008, ”, and

(b) after “community order” insert “ or youth rehabilitation order ”.

Commencement Information

I154 Sch. 4 para. 77 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

78 E+W In section 161 (pre-sentence drug testing)—

(a) in subsection (1), omit “aged 14 or over”, and

(b) omit subsection (7).

Commencement Information

I155 Sch. 4 para. 78 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

79 (1) Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows. E+W

(2) In subsection (1), after paragraph (d) add—

“(e) paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f) paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),”.

(3) In subsections (3) and (5), for “(d)” substitute “ (f) ”.

Commencement Information

I156 Sch. 4 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

80 (1) Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (b), after “that section” insert “ or any other statutory provision ”,

(b) in paragraph (c), after “community sentence” insert “ , other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering, ”, and

(c) after paragraph (c) insert—

“(ca) where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb) where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,”.

(3) After subsection (4) insert—

“(4A) Subsection (4B) applies where—

(a) a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b) the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B) That statement must include—

(a) a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b) a statement by the court why it is of that opinion.”

Commencement Information

I157 Sch. 4 para. 80 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

81 E+W In section 176 (interpretation of Chapter 1)—

(a) omit the definition of “youth community order”, and

(b) at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;

“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.”

Commencement Information

I158 Sch. 4 para. 81 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

82 E+W In section 177(1) (community orders) for “16” substitute “ 18 ”.

Commencement Information

I159 Sch. 4 para. 82 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

83 E+W In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.

Commencement Information

I160 Sch. 4 para. 83 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

84 E+W In section 199 (unpaid work requirement)—

(a) in subsection (3), for “appropriate officer” substitute “ officer of a local probation board or an officer of a provider of probation services ”, and

(b) omit subsection (4).

Commencement Information

I161 Sch. 4 para. 84 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

85 E+W In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I162 Sch. 4 para. 85 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

86 E+W In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ by an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I163 Sch. 4 para. 86 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

87 E+W In section 203(2), for paragraphs (a) and (b) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I164 Sch. 4 para. 87 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

88 E+W In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “ by an officer of a local probation board or an officer of a provider of probation services, and ”.

Commencement Information

I165 Sch. 4 para. 88 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

89 E+W In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).

Commencement Information

I166 Sch. 4 para. 89 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

90 E+W In section 214 (attendance centre requirement), after subsection (6) add—

“(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.”

Commencement Information

I167 Sch. 4 para. 90 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

91 E+W In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “ any ”.

Commencement Information

I168 Sch. 4 para. 91 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

92 E+W In section 221(2) (provision of attendance centres)—

(a) omit “or” at the end of paragraph (a),

(b) after that paragraph insert—

“(aa) attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”, and

(c) omit paragraph (b).

Commencement Information

I169 Sch. 4 para. 92(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiv)

93 E+W In section 222(1)(e) (rules), after “attendance centre requirements” insert “ , or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I170 Sch. 4 para. 93 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

94 E+W Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).

Commencement Information

I171 Sch. 4 para. 94 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

95 E+W In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).

Commencement Information

I172 Sch. 4 para. 95 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

96 E+W In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).

Commencement Information

I173 Sch. 4 para. 96 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

97 E+W Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).

Commencement Information

I174 Sch. 4 para. 97 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Violent Crime Reduction Act 2006 (c. 38) E+W

98 E+W In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—

“(b) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I175 Sch. 4 para. 98 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv) (with art. 4)

Offender Management Act 2007 (c. 21) E+W

99 E+W In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—

(a) after paragraph (a) insert—

“(aa) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”, and

(b) after paragraph (b) insert—

“(c) a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)”.

Commencement Information

I176 Sch. 4 para. 99 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Part 2 E+W Related amendments

Children and Young Persons Act 1933 (c. 12) E+W

100 E+W In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003 ”.

Commencement Information

I177 Sch. 4 para. 100 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children and Young Persons Act 1969 (c. 54) E+W

101 (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,

(b) in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

(3) In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b) in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

Commencement Information

I178 Sch. 4 para. 101 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Bail Act 1976 (c. 63) E+W

102 E+W In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—

“(za) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),

(zb) Schedule 8 to that Act (breach of reparation order),”.

Commencement Information

I179 Sch. 4 para. 102 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Magistrates' Courts Act 1980 (c. 43) E+W

103 E+W In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), at the end insert—

“In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order)

£1,000”.

Commencement Information

I180 Sch. 4 para. 103 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Child Abduction Act 1984 (c. 37) E+W

104 E+W In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b) in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Commencement Information

I181 Sch. 4 para. 104 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children Act 1989 (c. 41) E+W

105 E+W In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—

“(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);”.

Commencement Information

I182 Sch. 4 para. 105 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

106 E+W The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

Commencement Information

I183 Sch. 4 para. 106 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

107 E+W In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—

“Power to adjourn hearing and remand offender E+W

9ZA (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in proceedings under this Part of this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5) The persons referred to in sub-paragraph (4)(b) are—

(a) the offender,

(b) if the offender is aged under 14, a parent or guardian of the offender, and

(c) a member of the youth offending team specified under section 18(1)(a) as responsible for implementing the order.

(6) If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7) In sub-paragraph (6)—

• “local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

• “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

• “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9) This paragraph—

(a) applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I184 Sch. 4 para. 107 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

108 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. E+W

(2) Omit paragraph 1 and the heading before that paragraph.

(3) In paragraph 2(1), for “the appropriate court,” substitute—

“(a) a youth court acting in the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act,”.

(4) In paragraph 5—

(a) in sub-paragraphs (1) and (3), for “appropriate court” substitute “ relevant court ”, and

(b) at the end insert—

“(4) In this paragraph, “the relevant court” means—

(a) a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act, or

(b) in the case of an application made both under this paragraph and under paragraph 2(1), the court mentioned in paragraph 2(1).”

(5) In paragraph 6—

(a) in sub-paragraph (1), for “the appropriate court” substitute “ a court ”,

(b) in sub-paragraph (4), for “the appropriate court” substitute “ the court before which the warrant directs the offender to be brought (“the relevant court”) ”,

(c) in sub-paragraph (5), for “the appropriate court” substitute “ the relevant court ”, and

(d) in sub-paragraph (7), for “the appropriate court”, in each place it occurs, substitute “ the relevant court ”.

(6) After paragraph 6 insert—

“Power to adjourn hearing and remand offender E+W

6A (1) This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5) The persons referred to in sub-paragraph (4)(b) are—

(a) the offender,

(b) if the offender is aged under 14, a parent or guardian of the offender, and

(c) the responsible officer.

(6) If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7) In sub-paragraph (6)—

• “local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

• “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

• “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8) The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I185 Sch. 4 para. 108 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Criminal Justice Act 2003 (c. 44) E+W

109 E+W In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment of community order), after paragraph 25 insert—

“25A (1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the offender and the responsible officer have had adequate notice of the time and place for the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I186 Sch. 4 para. 109 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Section 13(2)

SCHEDULE 5 E+W Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

Commencement Information

I187 Sch. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 4 (with Sch. 2 para. 2)

“SCHEDULE 15A E+W Offences specified for the purposes of sections 225(3A) and 227(2A)

Part 1 E+W Offences under the law of England and Wales

1 Murder.

2 Manslaughter.

3 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

4 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

5 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

6 An offence under section 5 of that Act (intercourse with a girl under 13).

7 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).

8 An offence under section 17(1) of that Act (use of a firearm to resist arrest).

9 An offence under section 18 of that Act (carrying a firearm with criminal intent).

10 An offence of robbery under section 8 of the Theft Act 1968 (c. 60) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

11 An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape).

12 An offence under section 2 of that Act (assault by penetration).

13 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent) if the offender was liable on conviction on indictment to imprisonment for life.

14 An offence under section 5 of that Act (rape of a child under 13).

15 An offence under section 6 of that Act (assault of a child under 13 by penetration).

16 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.

17 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice) if the offender was liable on conviction on indictment to imprisonment for life.

18 An offence under section 31 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.

19 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender was liable on conviction on indictment to imprisonment for life.

20 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc.) if the offender was liable on conviction on indictment to imprisonment for life.

21 An offence under section 47 of that Act (paying for sexual services of a child) if the offender was liable on conviction on indictment to imprisonment for life.

22 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence) if the offender was liable on conviction on indictment to imprisonment for life.

23 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(5) Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 2 E+W Offences under the law of Scotland

24 Murder.

25 Culpable homicide.

26 Rape.

27 Assault where the assault—

(a) is aggravated because it caused severe injury or endangered the victim's life, or

(b) was carried out with intent to rape or ravish the victim.

28 Sodomy where the person against whom the offence was committed did not consent.

29 Lewd, indecent or libidinous behaviour or practices.

30 Robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968 (c. 27).

31 An offence under section 16 of the Firearms Act 1968 (possession of firearm with intent to endanger life).

32 An offence under section 17(1) of that Act (use of a firearm to resist arrest).

33 An offence under section 18 of that Act (carrying a firearm with criminal intent).

34 An offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (unlawful intercourse with a girl under 13).

35 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 3 E+W Offences under the law of Northern Ireland

36 Murder.

37 Manslaughter.

38 Rape.

39 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

40 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

41 An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) (intercourse with a girl under 14).

42 An offence of robbery under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)).

43 An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with intent to endanger life).

44 An offence under Article 18(1) of that Order (use of a firearm to resist arrest).

45 An offence under Article 19 of that Order (carrying a firearm with criminal intent).

46 An offence under Article 58 of the Firearms (Northern Ireland) Order 2004 (possession of firearm with intent to endanger life).

47 An offence under Article 59 of that Order (use of a firearm to resist arrest).

48 An offence under Article 60 of that Order (carrying a firearm with criminal intent).

49 An offence under section 47 of the Sexual Offences Act 2003 (paying for sexual services of a child) if the offender was liable on conviction on indictment to imprisonment for life.

50 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.

(5) Aiding, abetting, counselling or procuring the commission of a listed offence.

Part 4 E+W Offences under service law

51 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

52 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Part 5 E+W Interpretation

53 In this Schedule, “imprisonment for life” includes custody for life and detention for life.”

Section 23

SCHEDULE 6 E+W Credit for period of remand on bail: transitional provisions

1 E+W A period specified under paragraph 2 is to be treated as being a relevant period within the meaning of section 67 of the Criminal Justice Act 1967 (c. 80).

Commencement Information

I188 Sch. 6 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 14

2 (1) This paragraph applies where— E+W

(a) a court sentences an offender to a term of imprisonment for an offence that was committed before 4th April 2005,

(b) the offender was remanded on bail by a court in the course of or in connection with proceedings for the offence, or any related offence, after the coming into force of paragraph 1, and

(c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2) Subject to sub-paragraph (4), the court must by order specify the credit period.

(3) The “credit period” is the number days represented by half of the sum of—

(a) the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and

(b) the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject),

rounded up to the nearest whole number.

(4) Sub-paragraph (2) does not apply if and to the extent that—

(a) rules made by the Secretary of State so provide, or

(b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.

(5) Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does not specify the credit period under sub-paragraph (2), it may in accordance with either of those paragraphs by order specify a lesser period.

(6) Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to—

(a) sentences of imprisonment for consecutive terms;

(b) sentences of imprisonment for terms which are wholly or partly concurrent;

(c) periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.

(7) In considering whether it is of the opinion mentioned in sub-paragraph (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.

(8) Where the court specifies a period under sub-paragraph (2) or (5) it shall state in open court—

(a) the number of days on which the offender was subject to the relevant conditions, and

(b) the number of days in the period specified.

(9) Sub-paragraph (10) applies where the court—

(a) does not specify the credit period under sub-paragraph (2) but does specify a lesser period under sub-paragraph (5), or

(b) does not specify a period under either sub-paragraph (2) or (5).

(10) The court shall state in open court—

(a) that its decision is in accordance with rules made under paragraph (a) of sub-paragraph (4), or

(b) that it is of the opinion mentioned in paragraph (b) of that sub-paragraph and what the circumstances are.

(11) In this paragraph—

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 (c. 63) for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and

• “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

Modifications etc. (not altering text)

C2 Sch. 6 para. 2(2) excluded (3.11.2008) by Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), arts. 1(1), 2(2) (with art. 2(1))

C3 Sch. 6 para. 2(2) excluded (3.11.2008) by Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), arts. 1(1), 3(2) (with art. 3(1))

C4 Sch. 6 para. 2(2) excluded (3.11.2008) by Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), arts. 1(1), 4(2) (with art. 4(1))

Commencement Information

I189 Sch. 6 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 14

Prospective

Section 39(6)

SCHEDULE 7 E+W+N.I. Youth default orders: modification of provisions applying to youth rehabilitation orders

General E+W

1 E+W Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.

Unpaid work requirement E+W

2 F24 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) [F25 In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3)] there were substituted—

“(a) not less than 20, and

(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £200	40
An amount exceeding £200 but not exceeding £500	60
An amount exceeding £500	100”.

[F26 (3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.]

Textual Amendments

F24 Sch. 7 para. 2(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F25 Words in Sch. 7 para. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F26 Sch. 7 para. 2(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C5 Sch. 7 para. 2(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Attendance centre requirement E+W

3 (1) In its application to a youth default order, [F27 paragraph 14 of Schedule 6 to the Sentencing Code] (attendance centre requirement) is modified as follows. E+W

(2) [F28 Sub-paragraph (3)] has effect as if—

(a) in paragraph (a), for the words following “conviction” there were substituted F29 “... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24”,

(b) in paragraph (b), for the words following “conviction” there were substituted F30 “... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24”,

(c) in paragraph (c), for “must not be more than 12” there were substituted F31 “... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	10
An amount exceeding £500	12”.

Textual Amendments

F27 Words in Sch. 7 para. 3(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F28 Words in Sch. 7 para. 3(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F29 Words in Sch. 7 para. 3(2)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F30 Words in Sch. 7 para. 3(2)(b) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F31 Words in Sch. 7 para. 3(2)(c) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C6 Sch. 7 para. 3(2) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Curfew requirement E+W

4 (1) In its application to a youth default order, [F32 paragraph 18 of Schedule 6 to the Sentencing Code] (curfew requirement) is modified as follows. E+W

(2) That paragraph has effect as if after [F33 sub-paragraph (4)] there were inserted—

[F34 “(4A)] In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

TABLE

Amount	Number of days
An amount not exceeding £200	20
An amount exceeding £200 but not exceeding £500	30
An amount exceeding £500 but not exceeding £1,000	60
An amount exceeding £1,000 but not exceeding £2,000	90
An amount exceeding £2,000	180”.

Textual Amendments

F32 Words in Sch. 7 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F33 Words in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F34 Word in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Enforcement, revocation and amendment of youth default order E+W

5 (1) In its application to a youth default order, [F35 Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order)] is modified as follows. E+W

(2) Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.

(3) Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.

(4) [F36 Paragraph 3] has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.

[F37 (5) The following provisions are omitted—

(a) in paragraph 6—

(i) sub-paragraph (5)(a),

(ii) the words “add or” in sub-paragraph (5)(b), and

(iii) sub-paragraph (11);

(b) paragraph 9;

(c) paragraph 11;

(d) paragraph 12(8);

(e) paragraph 21(6);

(f) paragraph 23(2)(b).]

Textual Amendments

F35 Words in Sch. 7 para. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F36 Words in Sch. 7 para. 5(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F37 Sch. 7 para. 5(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Power to alter amount of money or number of hours or days E+W

6 E+W The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of youth default order to Northern Ireland E+W

7 (1) In its application to a youth default order, [F38 Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland)] is modified as follows. E+W+N.I.

(2) [F39 Paragraph 15] has effect as if, after sub-paragraph (2) there were inserted—

“(3) Nothing in sub-paragraph (1) affects the application of section 39(7) [F40 of the Criminal Justice and Immigration Act 2008] to a youth default order made or amended in accordance with [F41 Part 1 of this Schedule].”

[F42 (3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

“(5A) The home court may not impose a fine on the offender.”]

Textual Amendments

F38 Words in Sch. 7 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F39 Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F40 Words in Sch. 7 para. 7(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F41 Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(iii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F42 Sch. 7 para. 7(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Section 47

SCHEDULE 8 E+W Appeals in criminal cases

Part 1 E+W Amendments of Criminal Appeal Act 1968

1 E+W The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.

Commencement Information

I190 Sch. 8 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Time limit on grant of certificates of fitness for appeal E+W

2 E+W In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the conviction, ”.

Commencement Information

I191 Sch. 8 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

3 E+W In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—

(a) after “if” insert “ , within 28 days from the date on which the sentence was passed, ”, and

(b) for “the sentence” substitute “ it ”.

Commencement Information

I192 Sch. 8 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

4 E+W In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the verdict, ”.

Commencement Information

I193 Sch. 8 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

5 E+W In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the accused did the act or made the omission charged, ”.

Commencement Information

I194 Sch. 8 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Powers of Court to substitute different sentence E+W

6 (1) Section 4 (sentence when appeal allowed on part of indictment) is amended as follows. E+W

(2) For the heading substitute “ Power to re-sentence where appellant remains convicted of related offences ”.

(3) For subsection (1) substitute—

“(1) This section applies where—

(a) two or more related sentences are passed,

(b) the Court of Appeal allow an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but

(c) the appellant remains convicted of one or more of those offences.”

(4) In subsection (2)—

(a) for “in respect of any count on which the appellant remains convicted” substitute “ in respect of any related offence of which the appellant remains convicted ”, and

(b) omit “for the offence of which he remains convicted on that count”.

(5) In subsection (3)—

(a) for “on the indictment as a whole” substitute “ (taken as a whole) for all the related offences of which he remains convicted ”, and

(b) for “for all offences of which he was convicted on the indictment” substitute “ for all the related offences ”.

(6) After subsection (3) insert—

“(4) For the purposes of subsection (1)(a), two or more sentences are related if—

(a) they are passed on the same day,

(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or

(c) they are passed on different days but in respect of counts on the same indictment.

(5) Where—

(a) two or more sentences are related to each other by virtue of subsection (4)(a) or (b), and

(b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (4)(c),

all the sentences are to be treated as related for the purposes of subsection (1)(a).”

Commencement Information

I195 Sch. 8 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)

Interim hospital orders E+W

7 E+W The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—

(a) section 6(5) and the definition of interim hospital order in section 6(7),

(b) section 11(6),

(c) section 14(5) and the definition of interim hospital order in section 14(7), and

(d) section 16B(3).

Commencement Information

I196 Sch. 8 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

8 E+W Before section 31 (but after the cross-heading preceding it) insert—

“30A Effect of interim hospital orders

(1) This section applies where the Court of Appeal—

(a) make an interim hospital order by virtue of any provision of this Part, or

(b) renew an interim hospital order so made.

(2) The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.”

Commencement Information

I197 Sch. 8 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

9 E+W In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—

“(2ZA) The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.”

Commencement Information

I198 Sch. 8 para. 9 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

Evidence E+W

10 (1) Section 23 (evidence) is amended as follows. E+W

(2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

(3) In that subsection, for paragraph (b) substitute—

“(b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and”.

(4) After subsection (1) insert—

“(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a) the Court;

(b) the appellant;

(c) the respondent.”

(5) In subsection (4) after “an appeal” insert “ , or an application for leave to appeal, ”.

(6) After subsection (5) insert—

“(6) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.”

Commencement Information

I199 Sch. 8 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Powers of single judge E+W

11 (1) Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows. E+W

(2) In the heading, omit “under Part 1”.

(3) After subsection (2C) insert—

“(2D) The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court.

(2E) The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.”

Commencement Information

I200 Sch. 8 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Appeals against procedural directions E+W

12 E+W In section 31C (appeals against procedural directions), omit subsections (1) and (2).

Commencement Information

I201 Sch. 8 para. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 6)

Detention of defendant pending appeal to Supreme Court E+W

13 (1) Section 37 (detention of defendant on appeal by Crown) is amended as follows. E+W

(2) In subsection (2) for the words from “may make” to the end substitute “shall make—

(a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or

(b) an order that he be released without bail.”

(3) After subsection (2) insert—

“(2A) The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.”

(4) In subsection (3) for “this section” substitute “ subsection (2)(a) ”.

(5) In subsection (4) for “this section” (in each place where it occurs) substitute “ subsection (2)(a) ”.

(6) In subsection (4A) for “this section” (in the first place where it occurs) substitute “ subsection (2)(a) ”.

(7) For subsection (5) substitute—

“(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a) the Court of Appeal have made an order under subsection (2)(b), or

(b) the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).”

Commencement Information

I202 Sch. 8 para. 13 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 714)

Part 2 E+W Amendments of Criminal Appeal (Northern Ireland) Act 1980

14 E+W The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.

Commencement Information

I203 Sch. 8 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Time limit on grant of certificates of fitness for appeal E+W

15 E+W In section 1 (appeal against conviction), in paragraph (b) after “if” insert “ , within 28 days from the date of the conviction, ”.

Commencement Information

I204 Sch. 8 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

16 E+W In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the finding, ”.

Commencement Information

I205 Sch. 8 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

17 E+W In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the person did the act or made the omission charged, ”.

Commencement Information

I206 Sch. 8 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Powers of Court to substitute different sentence E+W

18 (1) Section 4 (alteration of sentence on appeal against conviction) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) Subsection (1A) applies where—

(a) two or more related sentences are passed,

(b) the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but

(c) the appellant remains convicted of one or more of those offences.

(1A) The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.”

(3) After subsection (2) insert—

“(3) For the purposes of subsection (1)(a), two or more sentences are related if—

(a) they are passed on the same day,

(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or

(c) they are passed on different days but in respect of counts on the same indictment.

(4) Where—

(a) two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and

(b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c),

all the sentences are to be treated as related for the purposes of subsection (1)(a).”

Commencement Information

I207 Sch. 8 para. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 8)

Interim hospital orders E+W

19 E+W Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.

Commencement Information

I208 Sch. 8 para. 19 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

20 (1) For the cross-heading preceding section 30 substitute— “ Supplementary ”. E+W

(2) Before section 30 (but after the cross-heading preceding it) insert—

“29A Effect of interim hospital orders

(1) This section applies where the Court of Appeal—

(a) makes an interim hospital order by virtue of any provision of this Part, or

(b) renews an interim hospital order so made.

(2) The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.”

Commencement Information

I209 Sch. 8 para. 20 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

21 E+W In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—

“(3ZA) The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court.”

Commencement Information

I210 Sch. 8 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

Evidence E+W

22 (1) Section 25 (evidence) is amended as follows. E+W

(2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

(3) In that subsection, for paragraph (b) substitute—

“(b) order any witness to attend and be examined before the Court (whether or not he was called at the trial); and”.

(4) After subsection (1) insert—

“(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a) the Court;

(b) the appellant;

(c) the respondent.”

(5) After subsection (3) insert—

“(4) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.”

Commencement Information

I211 Sch. 8 para. 22 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

23 E+W In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

Commencement Information

I212 Sch. 8 para. 23 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Detention of defendant pending appeal to Supreme Court E+W

24 (1) Section 36 (detention of defendant on appeal by Crown) is amended as follows. E+W

(2) In subsection (1) for the words from “may make” to the end substitute “shall make—

(a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or

(b) an order that he be released without bail.”

(3) After subsection (1) insert—

“(1A) The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.”

(4) In subsection (2) for “subsection (1)” substitute “ subsection (1)(a) ”.

(5) In subsection (3) for “this section” (in each place where it occurs) substitute “ subsection (1)(a) ”.

(6) In subsection (3A) for “this section” (in the first place where it occurs) substitute “ subsection (1)(a) ”.

(7) For subsection (4) substitute—

“(4) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a) the Court of Appeal has made an order under subsection (1)(b), or

(b) the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).”

Commencement Information

I213 Sch. 8 para. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1014)

Powers of single judge E+W

25 (1) Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows. E+W

(2) After subsection (3C) insert—

“(3D) The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.”

Commencement Information

I214 Sch. 8 para. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Part 3 E+W Amendments of other Acts

Detention of defendant pending appeal from High Court to Supreme Court E+W

26 (1) Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows. E+W

(2) In subsection (1) for the words from “may make” to the end substitute “shall make—

(a) an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or

(b) an order that the defendant be released without bail.”

(3) After subsection (1) insert—

“(1A) The court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.”

(4) In subsection (3) for “subsection (1)” substitute “ subsection (1)(a) ”.

(5) In subsection (4) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

(6) In subsection (4A) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

(7) For subsection (5) substitute—

“(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a) the court has made an order under subsection (1)(b), or

(b) the court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).”

Commencement Information

I215 Sch. 8 para. 26 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1114)

Variation of sentences by Crown Court E+W

27 (1) Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows. E+W

(2) In subsection (2)—

(a) for “28 days” substitute “ 56 days ”, and

(b) omit the words from “or, where subsection (3) applies,” to the end.

(3) After subsection (2) insert—

“(2A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.”

(4) Subsection (3) is omitted.

Commencement Information

I216 Sch. 8 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 12)

28 (1) Section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (alteration of Crown Court sentence) is amended as follows. E+W

(2) In subsection (1)—

(a) for “28 days” substitute “ 56 days ”, and

(b) omit the words from “or, where subsection (2) below applies,” to the end.

(3) After subsection (1) insert—

“(1A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.”

(4) Subsections (2) and (3) are omitted.

Commencement Information

I217 Sch. 8 para. 28 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 13)

Section 48

SCHEDULE 9 E+W Alternatives to prosecution for persons under 18

1 E+W The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.

Commencement Information

I218 Sch. 9 para. 1 in force at 1.2.2009 by S.I. 2009/140, art. 2(e)(i)

2 (1) Section 65 (reprimands and warnings) is amended as follows. E+W

(2) In subsection (1)—

(a) for paragraph (b) substitute—

“(b) the constable considers that there is sufficient evidence to charge the offender with the offence;”,

(b) in paragraph (d), after “an offence” insert “ or given a youth conditional caution in respect of an offence ”, and

(c) for paragraph (e) substitute

“(e) the constable does not consider that the offender should be prosecuted or given a youth conditional caution.”

(3) In subsection (3)(b) after “to be brought” insert “ or a youth conditional caution to be given ”.

(4) In subsection (6), in paragraph (a)(i) after “to be brought” insert “ or a youth conditional caution to be given ”.

(5) In subsection (7) for “In this section” substitute “ In this Chapter ”.

(6) For subsection (8) (cautions not to be given to children or young persons) substitute—

“(8) No caution, other than a youth conditional caution, shall be given to a child or young person.”

Commencement Information

I219 Sch. 9 para. 2 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(c)(2)

3 E+W After section 66 insert—

“Young offenders: youth conditional cautions E+W

66A Youth conditional cautions

(1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—

(a) the offender has not previously been convicted of an offence, and

(b) each of the five requirements in section 66B is satisfied.

(2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

(3) The conditions which may be attached to such a caution are those which have one or more of the following objects—

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence;

(c) punishing the offender.

(4) The conditions that may be attached to a youth conditional caution include—

(a) (subject to section 66C) a condition that the offender pay a financial penalty;

(b) a condition that the offender attend at a specified place at specified times.

“Specified” means specified by a relevant prosecutor.

(5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(6) The Secretary of State may by order amend subsection (5) by substituting a different figure.

(7) In this section, “authorised person” means—

(a) a constable,

(b) an investigating officer, or

(c) a person authorised by a relevant prosecutor for the purposes of this section.

66B The five requirements

(1) The first requirement is that the authorised person has evidence that the offender has committed an offence.

(2) The second requirement is that a relevant prosecutor decides—

(a) that there is sufficient evidence to charge the offender with the offence, and

(b) that a youth conditional caution should be given to the offender in respect of the offence.

(3) The third requirement is that the offender admits to the authorised person that he committed the offence.

(4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

(5) If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.

(6) The fifth requirement is that the offender signs a document which contains—

(a) details of the offence,

(b) an admission by him that he committed the offence,

(c) his consent to being given the youth conditional caution, and

(d) the conditions attached to the caution.

66C Financial penalties

(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

(3) The amount that may be prescribed in respect of any offence must not exceed £100.

(4) The Secretary of State may by order amend subsection (3) by substituting a different figure.

(5) Where a financial penalty condition is attached to a youth conditional caution, a relevant prosecutor must also specify—

(a) the amount of the penalty, and

(b) the person to whom the financial penalty is to be paid and how it may be paid.

(6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).

(7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

66D Variation of conditions

A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a youth conditional caution by—

(a) modifying or omitting any of the conditions;

(b) adding a condition.

66E Failure to comply with conditions

(1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.

(2) The document mentioned in section 66B(6) is to be admissible in such proceedings.

(3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect.

(4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

(5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

66F Restriction on sentencing powers where youth conditional caution given

Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted—

(a) may not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and

(b) where it does make such an order, must state in open court that it is of that opinion and why it is.

66G Code of practice on youth conditional cautions

(1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions.

(2) The code may, in particular, make provision as to—

(a) the circumstances in which youth conditional cautions may be given,

(b) the procedure to be followed in connection with the giving of such cautions,

(c) the conditions which may be attached to such cautions and the time for which they may have effect,

(d) the category of constable or investigating officer by whom such cautions may be given,

(e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A,

(f) the form which such cautions are to take and the manner in which they are to be given and recorded,

(g) the places where such cautions may be given,

(h) the provision which may be made by a relevant prosecutor under section 66C(5)(b),

(i) the monitoring of compliance with conditions attached to such cautions,

(j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),

(k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).

(3) After preparing a draft of the code the Secretary of State—

(a) must publish the draft,

(b) must consider any representations made to him about the draft, and

(c) may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

(4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

(5) When he has done so he may bring the code into force by order.

(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Interpretation of Chapter 1 E+W

66H Interpretation

In this Chapter—

(a) “appropriate adult” has the meaning given by section 65(7);

(b) “authorised person” has the meaning given by section 66A(7);

(c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30);

(d) “the offender” has the meaning given by section 66A(1);

(e) “relevant prosecutor” means—

(i) the Attorney General,

(ii) the Director of the Serious Fraud Office,

(iii) the Director of Revenue and Customs Prosecutions,

(iv) the Director of Public Prosecutions,

(v) the Secretary of State, or

(vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;

(f) “youth conditional caution” has the meaning given by section 66A(2).”

Commencement Information

I220 Sch. 9 para. 3 in force at 1.2.2009 for specified purposes by S.I. 2009/140, art. 2(e)(ii)

I221 Sch. 9 para. 3 in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(h)

I222 Sch. 9 para. 3 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(c)(2)

4 (1) Section 114 (orders and regulations) is amended as follows. E+W

(2) In subsection (2) (which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “ 10(6), 66C(1) or 66H(e)(vi) ”.

(3) After subsection (2) insert—

“(2A) Subsection (2) also applies to a statutory instrument containing—

(a) an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or

(b) an order under section 66G(5) other than the first such order.”

(4) In subsection (3) (which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “ , 66A(6) ”.

(5) After subsection (3) insert—

“(3A) Subsection (3) also applies to—

(a) an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and

(b) the first order under section 66G(5).”

Commencement Information

I223 Sch. 9 para. 4 in force at 1.2.2009 by S.I. 2009/140, art. 2(e)(iii)

Section 49

SCHEDULE 10 E+W Protection for spent cautions under Rehabilitation of Offenders Act 1974

1 E+W The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

Commencement Information

I224 Sch. 10 para. 1 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

2 E+W In section 6(6) for “the Schedule” substitute “ Schedule 1 ”.

Commencement Information

I225 Sch. 10 para. 2 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

3 E+W After section 8 (defamation actions) there is inserted—

“8A Protection afforded to spent cautions

(1) Schedule 2 to this Act (protection for spent cautions) shall have effect.

(2) In this Act “caution” means—

(a) a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons);

(b) any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;

(c) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18);

(d) anything corresponding to a caution, reprimand or warning falling within paragraphs (a) to (c) (however described) which is given to a person in respect of an offence under the law of a country outside England and Wales.”

Commencement Information

I226 Sch. 10 para. 3 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

4 E+W After section 9 (unauthorised disclosure of spent convictions) insert—

“9A Unauthorised disclosure of spent cautions

(1) In this section—

(a) “official record” means a record which—

(i) contains information about persons given a caution for any offence or offences; and

(ii) is kept for the purposes of its functions by any court, police force, Government department or other public authority in England and Wales;

(b) “caution information” means information imputing that a named or otherwise identifiable living person (“the named person”) has committed, been charged with or prosecuted or cautioned for any offence which is the subject of a spent caution; and

(c) “relevant person” means any person who, in the course of his official duties (anywhere in the United Kingdom), has or at any time has had custody of or access to any official record or the information contained in it.

(2) Subject to the terms of any order made under subsection (5), a relevant person shall be guilty of an offence if, knowing or having reasonable cause to suspect that any caution information he has obtained in the course of his official duties is caution information, he discloses it, otherwise than in the course of those duties, to another person.

(3) In any proceedings for an offence under subsection (2) it shall be a defence for the defendant to show that the disclosure was made—

(a) to the named person or to another person at the express request of the named person;

(b) to a person whom he reasonably believed to be the named person or to another person at the express request of a person whom he reasonably believed to be the named person.

(4) Any person who obtains any caution information from any official record by means of any fraud, dishonesty or bribe shall be guilty of an offence.

(5) The Secretary of State may by order make such provision as appears to him to be appropriate for excepting the disclosure of caution information derived from an official record from the provisions of subsection (2) in such cases or classes of case as may be specified in the order.

(6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.

(8) Proceedings for an offence under subsection (2) shall not be instituted except by or on behalf of the Director of Public Prosecutions.”

Commencement Information

I227 Sch. 10 para. 4 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

5 E+W The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1.

Commencement Information

I228 Sch. 10 para. 5 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

6 E+W After that Schedule insert—

“SCHEDULE 2 E+W Protection for spent cautions

Preliminary E+W

1 (1) For the purposes of this Schedule a caution shall be regarded as a spent caution—

(a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution;

(b) in any other case, at the time the caution is given.

(2) In sub-paragraph (1)(a) “the relevant period for the caution” means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given.

(3) If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given—

(a) the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and

(b) if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence.

2 (1) In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following—

(a) the offence which was the subject of the caution or the conduct constituting that offence;

(b) any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution);

(c) any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end);

(d) any judicial review proceedings relating to the caution;

(e) in the case of a warning under section 65 of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section 66(2) of that Act;

(f) in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions.

(2) Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned.

(3) In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4.

Protection relating to spent cautions and ancillary circumstances E+W

3 (1) A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary—

(a) no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and

(b) a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary circumstances.

(2) Nothing in sub-paragraph (1) applies in relation to any proceedings for the offence which are not part of the ancillary circumstances relating to the caution.

(3) Where a question seeking information with respect to a person's previous cautions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—

(a) the question shall be treated as not relating to spent cautions or to any ancillary circumstances, and the answer may be framed accordingly; and

(b) the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent caution or any ancillary circumstances in his answer to the question.

(4) Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent caution or any ancillary circumstances (whether the caution is his own or another's).

(5) A caution which has become spent or any ancillary circumstances, or any failure to disclose such a caution or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment.

(6) This paragraph has effect subject to paragraphs 4 to 6.

4 The Secretary of State may by order—

(a) make provision for excluding or modifying the application of either or both of paragraphs (a) or (b) of paragraph 3(3) in relation to questions put in such circumstances as may be specified in the order;

(b) provide for exceptions from the provisions of sub-paragraphs (4) and (5) of paragraph 3, in such cases or classes of case, and in relation to cautions of such a description, as may be specified in the order.

5 Nothing in paragraph 3 affects—

(a) the operation of the caution in question; or

(b) the operation of any enactment by virtue of which, in consequence of any caution, a person is subject to any disqualification, disability, prohibition or other restriction or effect, the period of which extends beyond the rehabilitation period applicable to the caution.

6 (1) Section 7(2), (3) and (4) apply for the purposes of this Schedule as follows.

(2) Subsection (2) (apart from paragraphs (b) and (d)) applies to the determination of any issue, and the admission or requirement of any evidence, relating to a person's previous cautions or to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto.

(3) Subsection (3) applies to evidence of a person's previous cautions and ancillary circumstances as it applies to evidence of a person's convictions and the circumstances ancillary thereto; and for this purpose subsection (3) shall have effect as if—

(a) any reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph; and

(b) the words “or proceedings to which section 8 below applies” were omitted.

(4) Subsection (4) applies for the purpose of excluding the application of paragraph 3(1); and for that purpose subsection (4) shall have effect as if the words “(other than proceedings to which section 8 below applies)” were omitted.

(5) References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3(1).”

Commencement Information

I229 Sch. 10 para. 6 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)

Section 51

SCHEDULE 11 E+W Electronic monitoring of persons released on bail subject to conditions

1 E+W The Bail Act 1976 (c. 63) has effect subject to the following amendments.

Commencement Information

I230 Sch. 11 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

2 E+W In section 3 (general provisions) for subsection (6ZAA) substitute—

“(6ZAA) The requirements which may be imposed under subsection (6) include electronic monitoring requirements.

The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases).

(6ZAB) In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.”

Commencement Information

I231 Sch. 11 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

3 (1) Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows. E+W

(2) In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “ Conditions for the imposition of electronic monitoring requirements: children and young persons ”.

(3) For subsection (1) substitute—

“(1) A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met.”

(4) For subsection (4) substitute—

“(4) The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.'”

(5) In subsection (5), for “such a requirement” substitute “ electronic monitoring requirements ”.

(6) Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.

Commencement Information

I232 Sch. 11 para. 3 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

4 E+W After section 3AA insert—

“3AB Conditions for the imposition of electronic monitoring requirements: other persons

(1) A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met.

(2) The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.

(3) The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(4) If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case.

3AC Electronic monitoring: general provisions

(1) Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.

(2) A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.

(3) The Secretary of State may make rules for regulating—

(a) the electronic monitoring of persons on bail;

(b) without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.

(4) The rules may make different provision for different cases.

(5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.

(6) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

(8) Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.”

Commencement Information

I233 Sch. 11 para. 4 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15

Section 52

SCHEDULE 12 E+W Bail for summary offences and certain other offences to be tried summarily

1 E+W The Bail Act 1976 (c. 63) is amended as follows.

Commencement Information

I234 Sch. 12 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

2 E+W In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “ (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply) ”.

Commencement Information

I235 Sch. 12 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

3 E+W After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—

“9A Bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980

(1) This section applies whenever—

(a) a magistrates' court is considering whether to withhold or grant bail in relation to a person aged under 18 who is accused of a scheduled offence; and

(b) the trial of that offence has not begun.

(2) The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused person, the value involved does not exceed the relevant sum for the purposes of section 22.

(3) The duty in subsection (2) does not apply in relation to an offence if—

(a) a determination under subsection (4) has already been made in relation to that offence; or

(b) the accused person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies.

(4) If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect.

(5) In this section—

(a) “relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);

(b) “scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and

(c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.”

Commencement Information

I236 Sch. 12 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

4 E+W Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.

Commencement Information

I237 Sch. 12 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

5 (1) Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph. E+W

(2) In that sub-paragraph at the beginning insert “ Subject to sub-paragraph (2), ”.

(3) After that sub-paragraph insert—

“(2) But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—

(a) a summary offence; or

(b) an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—

(i) a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or

(ii) a determination has been made under section 9A(4) of this Act to the same effect.”

Commencement Information

I238 Sch. 12 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

6 E+W After Part 1 insert—

“Part 1A E+W Defendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply

Defendants to whom Part 1A applies E+W

1 The following provisions of this Part apply to the defendant if—

(a) the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but

(b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.

Exceptions to right to bail E+W

2 The defendant need not be granted bail if—

(a) it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and

(b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.

3 The defendant need not be granted bail if—

(a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and

(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail.

4 The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—

(a) physical or mental injury to any person other than the defendant; or

(b) any person other than the defendant to fear physical or mental injury.

5 The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.

6 The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.

7 The defendant need not be granted bail if —

(a) having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and

(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).

8 The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.

Application of paragraphs 6A to 6C of Part 1 E+W

9 Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.”

Commencement Information

I239 Sch. 12 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

Section 53

SCHEDULE 13 E+W Allocation of cases triable either way etc.

1 E+W Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.

2 E+W In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “ for sentence ”.

3 E+W In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—

“(c) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.”

4 E+W In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “ summary trial ”.

5 (1) Paragraph 9 is amended as follows. E+W

(2) In sub-paragraph (3) after “(1A)” insert “ , (1B) ”.

(3) After sub-paragraph (3) insert—

“(4) In subsection (3) for “the said Act of 2000” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.”

6 E+W Paragraph 13 is omitted.

7 E+W Paragraph 22 is omitted.

8 E+W Before paragraph 23 insert—

“22A (1) Section 3 (committal for sentence on summary trial of offence triable either way) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for the words from “greater punishment” to the end of the paragraph substitute “ the Crown Court should, in the court's opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment ”, and

(b) omit paragraph (b) (and the word “or” immediately preceding it).

(3) In subsection (4), after “section” insert “ 17D or ”.

(4) In subsection (5), in paragraph (b) omit the words “paragraph (b) and”.”

9 E+W In paragraph 23, in subsection (5) of the first of the sections inserted by that paragraph (section 3A), for “a specified offence” substitute “ an offender convicted of a specified offence ”.

10 E+W In paragraph 24 after sub-paragraph (4) insert—

“(4A) In subsection (2) for “committed” substitute “ sent ”.”

Section 68

SCHEDULE 14 E+W+N.I. Special rules relating to providers of information society services

Domestic service providers: extension of liability E+W+N.I.

1 (1) This paragraph applies where a service provider is established in England and Wales or Northern Ireland (a “domestic service provider”). E+W+N.I.

(2) Section 63(1) applies to a domestic service provider who—

(a) is in possession of an extreme pornographic image in an EEA state other than the United Kingdom, and

(b) is in possession of it there in the course of providing information society services,

as well as to persons (of any description) who are in possession of such images in England and Wales or Northern Ireland.

(3) In the case of an offence under section 63, as it applies to a domestic service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in England and Wales or Northern Ireland, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place.

(4) Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 3 to 5.

Commencement Information

I240 Sch. 14 para. 1 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Non-UK service providers: restriction on institution of proceedings E+W+N.I.

2 (1) This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). E+W+N.I.

(2) Proceedings for an offence under section 63 may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of proceedings—

(a) is necessary for the purposes of the public interest objective;

(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective; and

(c) is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public policy.

Commencement Information

I241 Sch. 14 para. 2 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Exceptions for mere conduits E+W+N.I.

3 (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in— E+W+N.I.

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Commencement Information

I242 Sch. 14 para. 3 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Exception for caching E+W+N.I.

4 (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. E+W+N.I.

(2) The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(c) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Commencement Information

I243 Sch. 14 para. 4 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Exception for hosting E+W+N.I.

5 (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if— E+W+N.I.

(a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(2) “Offending material” means material the possession of which constitutes an offence under section 63.

(3) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Commencement Information

I244 Sch. 14 para. 5 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Interpretation E+W+N.I.

6 (1) This paragraph applies for the purposes of this Schedule. E+W+N.I.

(2) “Extreme pornographic image” has the same meaning as in section 63.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) For the purpose of construing references in this Schedule to a service provider who is established in a part of the United Kingdom or in some other EEA state—

(a) a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and

(ii) is a national of an EEA state or a company or firm mentioned in Article 48 of the EEC Treaty;

(b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

Commencement Information

I245 Sch. 14 para. 6 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)

Section 73

SCHEDULE 15 E+W Sexual offences: grooming and adoption

Meeting a child following sexual grooming E+W

1 E+W In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—

“(a) A has met or communicated with another person (B) on at least two occasions and subsequently—

(i) A intentionally meets B,

(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii) B travels with the intention of meeting A in any part of the world,

(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,”.

Commencement Information

I246 Sch. 15 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 35

Adoption E+W

2 E+W The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.

3 E+W In section 27(1)(b) (family relationships) after “but for” insert “ section 39 of the Adoption Act 1976 or ”.

4 E+W In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “ section 39 of the Adoption Act 1976 or ”.

5 (1) Section 64 (sex with an adult relative: penetration) is amended as follows. E+W

(2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

(3) In subsection (3) after “In subsection (2)—” insert—

“(za) “parent” includes an adoptive parent;

(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.

(4) After that subsection insert—

“(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.”

(5) After subsection (5) insert—

“(6) Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.”

6 (1) Section 65 (sex with an adult relative: consenting to penetration) is amended as follows. E+W

(2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

(3) In subsection (3) after “In subsection (2)—” insert—

“(za) “parent” includes an adoptive parent;

(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.

(4) After that subsection insert—

“(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.”

(5) After subsection (5) insert—

“(6) Nothing in—

(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or

(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),

is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.”

7 E+W In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “ or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative) ”.

Section 74

SCHEDULE 16 E+W Hatred on the grounds of sexual orientation

1 E+W Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.

Commencement Information

I247 Sch. 16 para. 1 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

2 E+W In the heading for Part 3A at the end insert “ or grounds of sexual orientation ”.

Commencement Information

I248 Sch. 16 para. 2 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

3 E+W In the italic cross-heading before section 29A at the end insert “ and “hatred on the grounds of sexual orientation” .

Commencement Information

I249 Sch. 16 para. 3 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

4 E+W After that section insert—

“29AB Meaning of “hatred on the grounds of sexual orientation”

In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).”

Commencement Information

I250 Sch. 16 para. 4 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

5 E+W In the italic cross-heading before section 29B at the end insert “ or hatred on the grounds of sexual orientation ”.

Commencement Information

I251 Sch. 16 para. 5 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

6 (1) Section 29B (use of words or behaviour or display of written material) is amended as follows. E+W

(2) In subsection (1), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

(3) Omit subsection (3).

Commencement Information

I252 Sch. 16 para. 6(3) in force at Royal Assent, see s. 153(1)(j)

I253 Sch. 16 para. 6(1) (2) in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

7 E+W In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

Commencement Information

I254 Sch. 16 para. 7 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

8 E+W In section 29D(1) (public performance of play), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

Commencement Information

I255 Sch. 16 para. 8 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

9 E+W In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

Commencement Information

I256 Sch. 16 para. 9 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

10 E+W In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

Commencement Information

I257 Sch. 16 para. 10 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

11 E+W In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “ thereby to stir up religious hatred or hatred on the grounds of sexual orientation ”.

Commencement Information

I258 Sch. 16 para. 11 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

12 (1) Section 29H (powers of entry and search) is amended as follows. E+W

(2) In subsection (1), omit “in England and Wales”.

(3) Omit subsection (2).

13 (1) Section 29I (power to order forfeiture) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and

(b) omit paragraph (b).

(3) Omit subsection (4).

14 E+W After section 29J insert—

“29JA Protection of freedom of expression (sexual orientation)

In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.”

15 E+W In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “ , in the Scottish Parliament or in the National Assembly for Wales ”.

16 (1) Section 29L (procedure and punishment) is amended as follows. E+W

(2) In subsections (1) and (2), omit “in England and Wales”.

(3) In subsection (3), in paragraph (b), for “six months” substitute “ 12 months ”.

(4) After that subsection insert—

“(4) In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.”

17 E+W In section 29N (interpretation), after the definition of “dwelling” insert—

““hatred on the grounds of sexual orientation” has the meaning given by section 29AB;”.

Commencement Information

I259 Sch. 16 para. 17 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)

Section 75

SCHEDULE 17 E+W Offences relating to nuclear material and nuclear facilities

Part 1 E+W Amendments of Nuclear Material (Offences) Act 1983

1 E+W The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.

Commencement Information

I260 Sch. 17 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

2 (1) Section 1 (extended scope of certain offences) is amended as follows. E+W

(2) In subsection (1)(b) (offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “ section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.

(3) After subsection (1) insert—

“(1A) If—

(a) a person, whatever his nationality, does outside the United Kingdom an act directed at a nuclear facility, or which interferes with the operation of such a facility,

(b) the act causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material, and

(c) had he done that act in any part of the United Kingdom, it would have made him guilty of an offence mentioned in subsection (1)(a) or (b) above,

the person shall in any part of the United Kingdom be guilty of such of the offences mentioned in subsection (1)(a) and (b) as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.”

(4) Omit subsection (2) (definition of “act”).

Commencement Information

I261 Sch. 17 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

3 E+W After section 1 insert—

“1A Increase in penalties for offences committed in relation to nuclear material etc.

(1) If—

(a) a person is guilty of an offence to which subsection (2), (3) or (4) applies, and

(b) the penalty provided by this subsection would not otherwise apply,

the person shall be liable, on conviction on indictment, to imprisonment for life.

(2) This subsection applies to an offence mentioned in section 1(1)(a) or (b) where the act making the person guilty of the offence was done in England and Wales or Northern Ireland and either—

(a) the act was done in relation to or by means of nuclear material, or

(b) the act—

(i) was directed at a nuclear facility, or interfered with the operation of such a facility, and

(ii) caused death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

(3) This subsection applies to an offence mentioned in section 1(1)(c) or (d) where the act making the person guilty of the offence—

(a) was done in England and Wales or Northern Ireland, and

(b) was done in relation to or by means of nuclear material.

(4) This subsection applies to an offence mentioned in section 1(1)(a) to (d) where the offence is an offence in England and Wales or Northern Ireland by virtue of section 1(1) or (1A).

1B Offences relating to damage to environment

(1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2) or (3) he is guilty of an offence.

(2) A person contravenes this subsection if without lawful authority—

(a) he receives, holds or deals with nuclear material, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of that material, or

(ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, damage would be caused to the environment by means of that material.

(3) A person contravenes this subsection if without lawful authority—

(a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of the emission of ionising radiation or the release of radioactive material, or

(ii) being reckless as to whether, as a result of his act, damage would be caused to the environment by means of such an emission or release.

(4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

1C Offences of importing or exporting etc. nuclear material: extended jurisdiction

(1) If a person, whatever his nationality, outside the United Kingdom contravenes subsection (2) below he shall be guilty of an offence.

(2) A person contravenes this subsection if he is knowingly concerned in—

(a) the unlawful export or shipment as stores of nuclear material from one country to another, or

(b) the unlawful import of nuclear material into one country from another.

(3) For the purposes of subsection (2)—

(a) the export or shipment as stores of nuclear material from a country, or

(b) the import of nuclear material into a country,

is unlawful if it is contrary to any prohibition or restriction on the export, shipment as stores or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.

(4) A statement in a certificate issued by or on behalf of the government of a country outside the United Kingdom to the effect that a particular export, shipment as stores or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be evidence (in Scotland, sufficient evidence) that the export, shipment or import was unlawful for the purposes of subsection (2).

(5) In any proceedings a document purporting to be a certificate of the kind mentioned in subsection (4) above shall be taken to be such a certificate unless the contrary is proved.

(6) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(7) In this section “country” includes territory.

1D Offences under section 1C: investigations and proceedings etc.

(1) Where the Commissioners for Her Majesty's Revenue and Customs investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that an offence under section 1C above has been committed, or

(b) whether a person should be prosecuted for such an offence,

the matter is to be treated as an assigned matter within the meaning of CEMA 1979 (see section 1(1) of that Act).

(2) Section 138 of CEMA 1979 (provisions as to arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence under section 1C above as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under the customs and excise Acts.

(3) Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to legal proceedings) apply in relation to an offence under section 1C above, and to the penalty and proceedings for the offence, as they apply in relation to offences, penalties and proceedings under the customs and excise Acts.

(4) In this section—

• “CEMA 1979” means the Customs and Excise Management Act 1979;

• “the customs and excise Acts”, “shipment” and “stores” have the same meanings as in CEMA 1979 (see section 1(1) of that Act).”

Commencement Information

I262 Sch. 17 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

4 E+W For section 2 substitute—

“2 Offences involving preparatory acts and threats

(1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence.

(2) A person contravenes this subsection if without lawful authority—

(a) he receives, holds or deals with nuclear material, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or

(ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material.

(3) A person contravenes this subsection if without lawful authority—

(a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or

(ii) being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release.

(4) A person contravenes this subsection if he—

(a) makes a threat of a kind falling within subsection (5), and

(b) intends that the person to whom the threat is made shall fear that it will be carried out.

(5) A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either—

(a) by means of nuclear material, or

(b) by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility.

(6) The consequences mentioned in subsection (5) are—

(a) relevant injury or damage, or

(b) damage to the environment.

(7) A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above.

(8) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

(9) In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above.

2A Inchoate and secondary offences: extended jurisdiction

(1) If a person, whatever his nationality—

(a) does an act outside the United Kingdom, and

(b) his act, if done in any part of the United Kingdom, would constitute an offence falling within subsection (2),

he shall be guilty in that part of the United Kingdom of the offence.

(2) The offences are—

(a) attempting to commit a nuclear offence;

(b) conspiring to commit a nuclear offence;

(c) inciting the commission of a nuclear offence;

(d) aiding, abetting, counselling or procuring the commission of a nuclear offence.

(3) In subsection (2) a “nuclear offence” means any of the following (wherever committed)—

(a) an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material;

(b) an offence mentioned in section 1(1)(a) or (b) above, the commission of which involves (or would have involved) an act—

(i) directed at a nuclear facility, or which interferes with the operation of such a facility, and

(ii) which causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material;

(c) an offence under section 1B, 1C or 2(1) and (2) or (3) above;

(d) an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of the Customs and Excise Management Act 1979 the commission of which is (or would have been) in connection with a prohibition or restriction relating to the exportation, shipment as stores or importation of nuclear material;

(e) for the purposes of subsection (2)(b) to (d)—

(i) a blackmail offence, the commission of which is in relation to or by means of nuclear material;

(ii) an offence under section 2(1) and (4) or (7) above;

(iii) an offence of attempting to commit an offence mentioned in paragraphs (a) to (d).

(4) In subsection (3) “a blackmail offence” means—

(a) an offence under section 21 of the Theft Act 1968,

(b) an offence under section 20 of the Theft Act (Northern Ireland) 1969, or

(c) an offence of extortion.

(5) In subsection (2)(c) the reference to incitement is—

(a) a reference to incitement under the law of Scotland, or

(b) in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.”

Commencement Information

I263 Sch. 17 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

5 E+W After section 3 (supplemental) insert—

“3A Application to activities of armed forces

(1) Nothing in this Act applies in relation to acts done by the armed forces of a country or territory—

(a) in the course of an armed conflict, or

(b) in the discharge of their functions.

(2) If in any proceedings a question arises whether an act done by the armed forces of a country or territory was an act falling within subsection (1), a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, such an act shall be conclusive of that question.

(3) In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) shall be taken to be such a certificate unless the contrary is proved.”

Commencement Information

I264 Sch. 17 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

6 (1) Section 6 (material to which the Act applies) is amended as follows. E+W

(2) Before subsection (1) insert—

“(A1) This section applies for the purposes of this Act.”

(3) In subsection (1), omit “in this Act”.

(4) After subsection (1) insert—

“(1A) “A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of.

(1B) For the purposes of subsections (1) and (1A)—

(a) nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and

(b) a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.”

(5) In subsection (2) (question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “ or facility ”.

(6) For subsection (5) substitute—

“(5) “Act” includes omission.

(6) “The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005).

(7) “The environment” includes land, air and water and living organisms supported by any of those media.

(8) “Radioactive material” means nuclear material or any other radioactive substance which—

(a) contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and

(b) is capable, owing to its radiological or fissile properties, of—

(i) causing bodily injury to a person,

(ii) causing damage or destruction to property,

(iii) endangering a person's life, or

(iv) causing damage to the environment.”

(7) For the sidenote, substitute “ Interpretation ”.

Commencement Information

I265 Sch. 17 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

7 E+W In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “ any British overseas territory ”.

Commencement Information

I266 Sch. 17 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

Part 2 E+W Amendments of Customs and Excise Management Act 1979

8 (1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows. E+W

(2) In section 1 (interpretation) in subsection (1) insert at the appropriate place—

““nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act);”.

(3) In section 50 (penalty for improper importation of goods)—

(a) in subsection (4) (penalty for offence) for “or (5B)” substitute “ , (5B) or (5C) ”;

(b) after subsection (5B) insert—

“(5C) In the case of an offence under subsection (2) or (3) above in connection with a prohibition or restriction relating to the importation of nuclear material, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.”

(4) In section 68 (offences in relation to exportation of prohibited or restricted goods)—

(a) in subsection (3) (penalty for offence) for “or (4A)” substitute “ , (4A) or (4B) ”;

(b) after subsection (4A) insert—

“(4B) In the case of an offence under subsection (2) above in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.”

(5) In section 170 (penalty for fraudulent evasion of duty, etc.)—

(a) in subsection (3) (penalty for offence) for “or (4B)” substitute “ , (4B) or (4C) ”;

(b) after subsection (4B) insert—

“(4C) In the case of an offence under subsection (1) or (2) above in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.”

Commencement Information

I267 Sch. 17 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

9 (1) Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory. E+W

(2) Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.

Commencement Information

I268 Sch. 17 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)

Section 91(1)

SCHEDULE 18 E+W+N.I. Penalties suitable for enforcement in England and Wales or Northern Ireland

Person residing in England and Wales E+W+N.I.

1 E+W+N.I. The financial penalty is suitable for enforcement in England and Wales if the certificate states that the person required to pay the penalty is normally resident in England and Wales.

Commencement Information

I269 Sch. 18 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person residing in Northern Ireland E+W+N.I.

2 E+W+N.I. The financial penalty is suitable for enforcement in Northern Ireland if the certificate states that the person required to pay the penalty is normally resident in Northern Ireland.

Commencement Information

I270 Sch. 18 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales E+W+N.I.

3 E+W+N.I. The financial penalty is suitable for enforcement in England and Wales if—

(a) the certificate states that the person required to pay the penalty has property or a source of income in England and Wales, and

(b) the certificate does not state—

(i) that the person has property or a source of income in Northern Ireland or Scotland, or

(ii) that the person is normally resident in the United Kingdom.

Commencement Information

I271 Sch. 18 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in Northern Ireland E+W+N.I.

4 E+W+N.I. The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland, and

(b) the certificate does not state—

(i) that the person has property or a source of income in England and Wales or Scotland, or

(ii) that the person is normally resident in the United Kingdom.

Commencement Information

I272 Sch. 18 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales and Northern Ireland E+W+N.I.

5 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in England and Wales,

(b) the certificate also states that the person has property or a source of income in Northern Ireland, and

(c) the certificate does not state—

(i) that the person has property or a source of income in Scotland, or

(ii) that the person is normally resident in the United Kingdom.

(2) [F43 If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the] financial penalty is suitable for enforcement in England and Wales unless it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3).

(3) The financial penalty is suitable for enforcement in Northern Ireland if the Lord Chancellor thinks that it is more appropriate for the penalty to be enforced in Northern Ireland than in England and Wales.

[F44 (4) If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless it is suitable for enforcement in England and Wales by virtue of sub-paragraph (5).

(5) The financial penalty is suitable for enforcement in England and Wales if the Department of Justice thinks that it is more appropriate for the penalty to be enforced in England and Wales than in Northern Ireland.]

Textual Amendments

F43 Words in Sch. 18 para. 5(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(2)(a) (with arts. 28-31)

F44 Sch. 18 para. 5(4)(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(2)(b) (with arts. 28-31)

Commencement Information

I273 Sch. 18 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales and Scotland E+W+N.I.

6 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in England and Wales,

(b) the certificate also states that the person has property or a source of income in Scotland, and

(c) the certificate does not state—

(i) that the person has property or a source of income in Northern Ireland, or

(ii) that the person is normally resident in the United Kingdom.

(2) The financial penalty is suitable for enforcement in England and Wales unless sub-paragraph (3) [F45 or (4)] applies.

(3) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland [F46 or by the Department of Justice under section 90A] ), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.

[F47 (4) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the Department of Justice under section 90A,

(b) the Department of Justice was not given the certificate by the central authority for Scotland, and

(c) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.]

Textual Amendments

F45 Words in Sch. 18 para. 6(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(a) (with arts. 28-31)

F46 Words in Sch. 18 para. 6(3)(a) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(b) (with arts. 28-31)

F47 Sch. 18 para. 6(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(3)(c) (with arts. 28-31)

Commencement Information

I274 Sch. 18 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in Northern Ireland and Scotland E+W+N.I.

7 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in Northern Ireland,

(b) the certificate also states that the person has property or a source of income in Scotland, and

(c) the certificate does not state —

(i) that the person has property or a source of income in England and Wales, or

(ii) that the person is normally resident in the United Kingdom.

(2) The financial penalty is suitable for enforcement in Northern Ireland unless sub-paragraph (3) [F48 or (4)] applies.

(3) This sub-paragraph applies if—

(a) the [F49 Department of Justice] was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland [F50 or by the Lord Chancellor under section 90A] ), and

(b) the [F49 Department of Justice] thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.

[F51 (4) This sub-paragraph applies if—

(a) the Department of Justice was given the certificate by the Lord Chancellor under section 90A,

(b) the Lord Chancellor was not given the certificate by the central authority for Scotland, and

(c) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.]

Textual Amendments

F48 Words in Sch. 18 para. 7(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(a) (with arts. 28-31)

F49 Words in Sch. 18 para. 7(3)(a) (b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(b) (with arts. 28-31)

F50 Words in Sch. 18 para. 7(3)(a) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(c) (with arts. 28-31)

F51 Sch. 18 para. 7(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(4)(d) (with arts. 28-31)

Commencement Information

I275 Sch. 18 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Person having property etc. in England and Wales, Scotland and Northern Ireland E+W+N.I.

8 (1) This paragraph applies if— E+W+N.I.

(a) the certificate states that the person required to pay the financial penalty has property or a source of income in Northern Ireland,

(b) the certificate also states that the person has property or a source of income in England and Wales and in Scotland, and

(c) the certificate does not state that the person is normally resident in the United Kingdom.

(2) [F52 If the certificate was given to the Lord Chancellor by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Department of Justice under section 90A), the] financial penalty is suitable for enforcement in England and Wales unless—

(a) the penalty is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3) or (4), or

(b) sub-paragraph (5) applies.

(3) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales or Scotland.

(4) The financial penalty is suitable for enforcement in Northern Ireland if—

(a) the Lord Chancellor was given the certificate by the central authority for Scotland, and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales.

(5) This sub-paragraph applies if—

(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales or Northern Ireland.

[F53 (6) If the certificate was given to the Department of Justice by the competent authority or central authority of another member State or by the central authority for Scotland (and not by the Lord Chancellor under section 90A), the financial penalty is suitable for enforcement in Northern Ireland unless—

(a) it is suitable for enforcement in England and Wales by virtue of sub-paragraph (7) or (8), or

(b) sub-paragraph (9) applies.

(7) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland or Scotland.

(8) The financial penalty is suitable for enforcement in England and Wales if—

(a) the Department of Justice was given the certificate by the central authority for Scotland, and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in England and Wales than in Northern Ireland.

(9) This sub-paragraph applies if—

(a) the Department of Justice was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and

(b) the Department of Justice thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland or England and Wales.]

Textual Amendments

F52 Words in Sch. 18 para. 8(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(a) (with arts. 28-31)

F53 Sch. 18 para. 8(6)-(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 95(5)(b) (with arts. 28-31)

Commencement Information

I276 Sch. 18 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Interpretation E+W+N.I.

9 E+W+N.I. Where the person required to pay the financial penalty is a body corporate, this Schedule applies as if—

(a) the reference in paragraph 1 to the person being normally resident in England and Wales were a reference to the person having its registered office in England and Wales,

(b) the reference in paragraph 2 to the person being normally resident in Northern Ireland were a reference to the person having its registered office in Northern Ireland, and

(c) any reference to the person being normally resident in the United Kingdom were a reference to the person having its registered office in the United Kingdom.

Commencement Information

I277 Sch. 18 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(q)

Section 91(2)

SCHEDULE 19 E+W+N.I. Grounds for refusal to enforce financial penalties

Part 1 E+W+N.I. The grounds for refusal

1 E+W+N.I. A penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).

Commencement Information

I278 Sch. 19 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

2 E+W+N.I. A penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.

Commencement Information

I279 Sch. 19 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

3 (1) The decision was made in respect of conduct— E+W+N.I.

(a) that is not specified in Part 2 of this Schedule, and

(b) would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part.

(2) In sub-paragraph (1), “the relevant part of the United Kingdom” means—

(a) in the application of this Schedule to England and Wales, England and Wales, and

(b) in the application of this Schedule to Northern Ireland, Northern Ireland.

Commencement Information

I280 Sch. 19 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

4 (1) The decision was made in respect of conduct— E+W+N.I.

(a) that occurred outside the territory of the issuing State, and

(b) would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred outside that part.

(2) In sub-paragraph (1), “the relevant part of the United Kingdom” has the same meaning as in paragraph 3(2).

Commencement Information

I281 Sch. 19 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

5 E+W+N.I. The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

Commencement Information

I282 Sch. 19 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

6 E+W+N.I. The certificate does not confirm that—

(a) if the proceedings in which the decision was made were conducted in writing, the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right;

(b) if those proceedings provided for a hearing to take place and the liable person did not attend, the liable person was informed of the proceedings or indicated an intention not to contest them.

Commencement Information

I283 Sch. 19 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

7 (1) The financial penalty is for an amount less than 70 euros. E+W+N.I.

(2) For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made.

(3) The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

[F54 (4) In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.]

Textual Amendments

F54 Sch. 19 para. 7(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 96 (with arts. 28-31)

Commencement Information

I284 Sch. 19 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 2 E+W+N.I. European framework list (financial penalties)

8 E+W+N.I. Participation in a criminal organisation.

Commencement Information

I285 Sch. 19 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

9 E+W+N.I. Terrorism.

Commencement Information

I286 Sch. 19 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

10 E+W+N.I. Trafficking in human beings.

Commencement Information

I287 Sch. 19 para. 10 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

11 E+W+N.I. Sexual exploitation of children and child pornography.

Commencement Information

I288 Sch. 19 para. 11 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

12 E+W+N.I. Illicit trafficking in narcotic drugs and psychotropic substances.

Commencement Information

I289 Sch. 19 para. 12 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

13 E+W+N.I. Illicit trafficking in weapons, munitions and explosives.

Commencement Information

I290 Sch. 19 para. 13 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

14 E+W+N.I. Corruption.

Commencement Information

I291 Sch. 19 para. 14 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

15 E+W+N.I. Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.

Commencement Information

I292 Sch. 19 para. 15 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

16 E+W+N.I. Laundering of the proceeds of crime.

Commencement Information

I293 Sch. 19 para. 16 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

17 E+W+N.I. Counterfeiting currency, including of the euro.

Commencement Information

I294 Sch. 19 para. 17 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

18 E+W+N.I. Computer-related crime.

Commencement Information

I295 Sch. 19 para. 18 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

19 E+W+N.I. Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

Commencement Information

I296 Sch. 19 para. 19 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

20 E+W+N.I. Facilitation of unauthorised entry and residence.

Commencement Information

I297 Sch. 19 para. 20 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

21 E+W+N.I. Murder, grievous bodily injury.

Commencement Information

I298 Sch. 19 para. 21 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

22 E+W+N.I. Illicit trade in human organs and tissue.

Commencement Information

I299 Sch. 19 para. 22 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

23 E+W+N.I. Kidnapping, illegal restraint and hostage-taking.

Commencement Information

I300 Sch. 19 para. 23 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

24 E+W+N.I. Racism and xenophobia.

Commencement Information

I301 Sch. 19 para. 24 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

25 E+W+N.I. Organised or armed robbery.

Commencement Information

I302 Sch. 19 para. 25 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

26 E+W+N.I. Illicit trafficking in cultural goods, including antiques and works of art.

Commencement Information

I303 Sch. 19 para. 26 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

27 E+W+N.I. Swindling.

Commencement Information

I304 Sch. 19 para. 27 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

28 E+W+N.I. Racketeering and extortion.

Commencement Information

I305 Sch. 19 para. 28 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

29 E+W+N.I. Counterfeiting and piracy of products.

Commencement Information

I306 Sch. 19 para. 29 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

30 E+W+N.I. Forgery of administrative documents and trafficking therein.

Commencement Information

I307 Sch. 19 para. 30 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

31 E+W+N.I. Forgery of means of payment.

Commencement Information

I308 Sch. 19 para. 31 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

32 E+W+N.I. Illicit trafficking in hormonal substances and other growth promoters.

Commencement Information

I309 Sch. 19 para. 32 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

33 E+W+N.I. Illicit trafficking in nuclear or radioactive materials.

Commencement Information

I310 Sch. 19 para. 33 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

34 E+W+N.I. Trafficking in stolen vehicles.

Commencement Information

I311 Sch. 19 para. 34 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

35 E+W+N.I. Rape.

Commencement Information

I312 Sch. 19 para. 35 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

36 E+W+N.I. Arson.

Commencement Information

I313 Sch. 19 para. 36 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

37 E+W+N.I. Crimes within the jurisdiction of the International Criminal Court.

Commencement Information

I314 Sch. 19 para. 37 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

38 E+W+N.I. Unlawful seizure of aircraft or ships.

Commencement Information

I315 Sch. 19 para. 38 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

39 E+W+N.I. Sabotage.

Commencement Information

I316 Sch. 19 para. 39 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

40 E+W+N.I. Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

Commencement Information

I317 Sch. 19 para. 40 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

41 E+W+N.I. Smuggling of goods.

Commencement Information

I318 Sch. 19 para. 41 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

42 E+W+N.I. Infringement of intellectual property rights.

Commencement Information

I319 Sch. 19 para. 42 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

43 E+W+N.I. Threats and acts of violence against persons, including violence during sport events.

Commencement Information

I320 Sch. 19 para. 43 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

44 E+W+N.I. Criminal damage.

Commencement Information

I321 Sch. 19 para. 44 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

45 E+W+N.I. Theft.

Commencement Information

I322 Sch. 19 para. 45 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

46 E+W+N.I. Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the treaty establishing the European Community or under Title VI of the Treaty on European Union.

Commencement Information

I323 Sch. 19 para. 46 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 3 E+W+N.I. Interpretation

47 (1) In this Schedule— E+W+N.I.

(a) “conduct” includes any act or omission;

(b) “liable person” means the person required to pay the financial penalty to which the certificate relates.

(2) If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.

Commencement Information

I324 Sch. 19 para. 47 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Section 118

SCHEDULE 20 E+W Closure orders: premises associated with persistent disorder or nuisance

Commencement Information

I325 Sch. 20 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(g)

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.

“Part 1A E+W Premises associated with persistent disorder or nuisance

11A Part 1A closure notice

(1) This section applies to premises if a police officer not below the rank of superintendent (“the authorising officer”) or the local authority has reasonable grounds for believing—

(a) that at any time during the relevant period a person has engaged in anti-social behaviour on the premises, and

(b) that the use of the premises is associated with significant and persistent disorder or persistent serious nuisance to members of the public.

(2) The authorising officer may authorise the issue of a Part 1A closure notice in respect of the premises if the officer is satisfied—

(a) that the local authority has been consulted; and

(b) that reasonable steps have been taken to establish the identity of any person who lives on the premises or who has control of or responsibility for, or an interest in, the premises.

(3) The local authority may authorise the issue of a Part 1A closure notice in respect of the premises if it is satisfied—

(a) that the appropriate chief officer has been consulted; and

(b) that reasonable steps have been taken to establish the identity of any person who lives on the premises or who has control of or responsibility for, or an interest in, the premises.

(4) An authorisation under subsection (2) or (3) may be given orally or in writing, but if it is given orally the authorising officer or local authority (as the case may be) must confirm it in writing as soon as it is practicable.

(5) A Part 1A closure notice must—

(a) give notice that an application will be made under section 11B for the closure of the premises;

(b) state that access to the premises by any person other than a person who habitually resides in the premises or the owner of the premises is prohibited;

(c) specify the date and time when, and the place at which, the application will be heard;

(d) explain the effects of an order made in pursuance of section 11B;

(e) state that failure to comply with the notice amounts to an offence; and

(f) give information about relevant advice providers.

(6) A Part 1A closure notice must be served by—

(a) a constable if its issue was authorised by the authorising officer, or

(b) an employee of the local authority if its issue was authorised by the authority.

(7) Service is effected by—

(a) fixing a copy of the notice to at least one prominent place on the premises,

(b) fixing a copy of the notice to each normal means of access to the premises,

(c) fixing a copy of the notice to any outbuildings which appear to the server of the notice to be used with or as part of the premises,

(d) giving a copy of the notice to at least one person who appears to the server of the notice to have control of or responsibility for the premises, and

(e) giving a copy of the notice to the persons identified in pursuance of subsection (2)(b) or (3)(b) (as the case may be) and to any other person appearing to the server of the notice to be a person of a description mentioned in that provision.

(8) The Part 1A closure notice must also be served on any person who occupies any other part of the building or other structure in which the premises are situated if the server of the notice reasonably believes, at the time of serving the notice under subsection (7), that the person's access to the other part of the building or structure will be impeded if a Part 1A closure order is made under section 11B.

(9) A person acting under subsection (7) may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (7)(a).

(10) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.

(11) In this section—

• “information about relevant advice providers” means information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters;

• “the relevant period” means the period of 3 months ending with the day on which the authorising officer or the local authority (as the case may be) considers whether to authorise the issue of a Part 1A closure notice in respect of the premises.

11B Part 1A closure order

(1) If a Part 1A closure notice has been issued under section 11A an application must be made under this section to a magistrates' court for the making of a Part 1A closure order.

(2) An application under subsection (1) must be made by—

(a) a constable if the issue of the Part 1A closure notice was authorised by the authorising officer, or

(b) the local authority if the issue of the Part 1A closure notice was authorised by the authority.

(3) The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 11A(7)(a).

(4) The magistrates' court may make a Part 1A closure order if and only if it is satisfied that each of the following paragraphs applies—

(a) a person has engaged in anti-social behaviour on the premises in respect of which the Part 1A closure notice was issued;

(b) the use of the premises is associated with significant and persistent disorder or persistent serious nuisance to members of the public;

(c) the making of the order is necessary to prevent the occurrence of such disorder or nuisance for the period specified in the order.

(5) A Part 1A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period (not exceeding 3 months) as is specified in the order.

(6) But the order may include such provision as the court thinks appropriate relating to access to any part of the building or structure of which the premises form part.

(7) The magistrates' court may adjourn the hearing on the application for a period of not more than 14 days to enable—

(a) the occupier of the premises,

(b) the person who has control of or responsibility for the premises, or

(c) any other person with an interest in the premises,

to show why a Part 1A closure order should not be made.

(8) If the magistrates' court adjourns the hearing under subsection (7) it may order that the Part 1A closure notice continues in effect until the end of the period of the adjournment.

(9) A Part 1A closure order may be made in respect of the whole or any part of the premises in respect of which the Part 1A closure notice was issued.

11C Part 1A closure order: enforcement

(1) This section applies if a magistrates' court makes an order under section 11B.

(2) A relevant person may—

(a) enter the premises in respect of which the order is made;

(b) do anything reasonably necessary to secure the premises against entry by any person.

(3) A person acting under subsection (2) may use reasonable force.

(4) But a relevant person seeking to enter the premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of his identity and authority before entering the premises.

(5) A relevant person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of or repairs to the premises.

(6) In this section “a relevant person”—

(a) in relation to premises in respect of which a police Part 1A closure order has effect, means a constable or a person authorised by the appropriate chief officer;

(b) in relation to premises in respect of which a local authority Part 1A closure order has effect, means a person authorised by the local authority.

11D Closure of premises associated with persistent disorder or nuisance: offences

(1) A person who remains on or enters premises in contravention of a Part 1A closure notice commits an offence.

(2) A person who—

(a) obstructs a person acting under section 11A(7) or 11C(2),

(b) remains on closed premises, or

(c) enters closed premises,

commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) to imprisonment for a period not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(4) A person who has a reasonable excuse for entering or being on the premises does not commit an offence under subsection (1) or (2)(b) or (c) (as the case may be).

(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.

11E Part 1A closure order: extension and discharge

(1) At any time before the end of the period for which a Part 1A closure order is made or extended, a complaint may be made by—

(a) a constable if the order is a police Part 1A closure order, or

(b) the local authority if the order is a local authority Part 1A closure order,

to a justice of the peace for an extension or further extension of the period for which the order has effect.

(2) A complaint may not be made under subsection (1) in relation to a police Part 1A closure order unless the complaint is authorised by a police officer not below the rank of superintendent—

(a) who has reasonable grounds for believing that it is necessary to extend the period for which the order has effect for the purpose of preventing the occurrence of significant and persistent disorder or persistent serious nuisance to members of the public, and

(b) who is satisfied that the local authority has been consulted about the intention to make the complaint.

(3) A complaint may not be made under subsection (1) in relation to a local authority Part 1A closure order unless the local authority—

(a) has reasonable grounds for believing that it is necessary to extend the period for which the order has effect for the purpose of preventing the occurrence of significant and persistent disorder or persistent serious nuisance to members of the public, and

(b) is satisfied that the appropriate chief officer has been consulted about the intention to make the complaint.

(4) If a complaint is made to a justice of the peace under subsection (1), the justice may issue a summons directed to—

(a) any person on whom the Part 1A closure notice relating to the closed premises was served under subsection (7)(d) or (e) or (8) of section 11A, or

(b) any other person who appears to the justice to have an interest in the closed premises but on whom the Part 1A closure notice was not served,

requiring such person to appear before the magistrates' court to answer to the complaint.

(5) If the court is satisfied that the order is necessary to prevent the occurrence of significant and persistent disorder or persistent serious nuisance to members of the public for a further period, it may make an order extending the period for which the Part 1A closure order has effect by a period not exceeding 3 months.

(6) But a Part 1A closure order must not have effect for more than 6 months.

(7) Any of the following persons may make a complaint to a justice of the peace for an order that a Part 1A closure order is discharged—

(a) a constable if the Part 1A closure order is a police Part 1A closure order;

(b) the local authority if the Part 1A closure order is a local authority Part 1A closure order;

(c) a person on whom the Part 1A closure notice relating to the closed premises was served under subsection (7)(d) or (e) or (8) of section 11A;

(d) a person who has an interest in the closed premises but on whom the Part 1A closure notice was not served.

(8) If a complaint is made under subsection (7)—

(a) in relation to a police Part 1A closure order, by a person other than a constable, or

(b) in relation to a local authority Part 1A closure order, by a person other than the local authority,

the justice may issue a summons directed to such constable as the justice thinks appropriate or to the local authority (as the case may be) requiring the constable or authority to appear before the magistrates' court to answer to the complaint.

(9) The court may not make an order discharging a Part 1A closure order unless it is satisfied that the Part 1A closure order is no longer necessary to prevent the occurrence of significant and persistent disorder or persistent serious nuisance to members of the public.

(10) If a summons is issued in accordance with subsection (4) or (8), a notice stating the date, time and place at which the complaint will be heard must be served on—

(a) if the summons is issued under subsection (4), the persons to whom it is directed;

(b) if the summons is issued under subsection (8), the persons mentioned in subsection (7)(c) and (d) (other than the complainant);

(c) if the complaint relates to a police Part 1A closure order, such constable as the justice thinks appropriate (unless a constable is the complainant);

(d) if the complaint relates to a local authority Part 1A closure order, the local authority (unless it is the complainant).

11F Part 1A closure order: appeals

(1) This section applies to—

(a) an order under section 11B or 11E;

(b) a decision by a court not to make an order under either of those sections.

(2) An appeal against an order or decision to which this section applies must be brought to the Crown Court before the end of the period of 21 days beginning with the day on which the order or decision is made.

(3) An appeal against an order under section 11B or 11E(5) may be brought by—

(a) a person on whom the Part 1A closure notice relating to the closed premises was served under section 11A(7)(d) or (e), or

(b) a person who has an interest in the closed premises but on whom the Part 1A closure notice was not served.

(4) An appeal against the decision of a court not to make such an order may be brought by—

(a) a constable if the Part 1A closure order is (or, if made, would have been) a police Part 1A closure order, or

(b) the local authority if the Part 1A closure order is (or, if made, would have been) a local authority Part 1A closure order.

(5) On an appeal under this section the Crown Court may make such order as it thinks appropriate.

11G Part 1A closure order: access to other premises

(1) This section applies to any person who occupies or owns any part of a building or structure—

(a) in which closed premises are situated, and

(b) in respect of which the Part 1A closure order does not have effect.

(2) A person to whom this section applies may, at any time while a Part 1A closure order has effect, apply to—

(a) the magistrates' court in respect of an order made under section 11B or 11E, or

(b) the Crown Court in respect of an order made under section 11F.

(3) If an application is made under this section notice of the date, time and place of the hearing to consider the application must be given to—

(a) such constable as the court thinks appropriate;

(b) the local authority;

(c) any person on whom the Part 1A closure notice relating to the closed premises was served under subsection (7)(d) or (e) or (8) of section 11A; and

(d) any person who has an interest in the closed premises but on whom the Part 1A closure notice was not served.

(4) On an application under this section the court may make such order as it thinks appropriate in relation to access to any part of a building or structure in which closed premises are situated.

(5) It is immaterial whether any provision has been made as mentioned in section 11B(6).

11H Part 1A closure order: reimbursement of costs

(1) A police authority or a local authority which incurs expenditure for the purpose of clearing, securing or maintaining the premises in respect of which a Part 1A closure order has effect may apply to the court which made the order for an order under this section.

(2) On an application under this section the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1).

(3) But an application for an order under this section must not be entertained unless it is made before the end of the period of 3 months starting with the day the Part 1A closure order ceases to have effect.

(4) An application under this section must be served on—

(a) the police authority for the area in which the premises are situated if the application is made by the local authority;

(b) the local authority if the application is made by a police authority; and

(c) the owner of the premises.

11I Part 1A closure notice or order: exemption from liability

(1) A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of functions under this Part.

(2) A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of functions under this Part.

(3) Neither a local authority nor an employee of a local authority is liable for relevant damages in respect of anything done or omitted to be done by or on behalf of the authority in the performance or purported performance of functions under this Part.

(4) Subsections (1) to (3) do not apply—

(a) if the act or omission is shown to have been in bad faith;

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(5) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

(6) In this section “relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.

11J Part 1A closure notices and orders: compensation

(1) This section applies to any person who incurs financial loss in consequence of—

(a) the issue of a Part 1A closure notice, or

(b) a Part 1A closure order having effect.

(2) A person to whom this section applies may apply to—

(a) the magistrates' court which considered the application for a Part 1A closure order;

(b) the Crown Court if the Part 1A closure order was made or extended by an order made by that Court on an appeal under section 11F.

(3) An application under this section must not be entertained unless it is made not later than the end of the period of 3 months starting with whichever is the later of—

(a) the day the court decides not to make a Part 1A closure order;

(b) the day the Crown Court dismisses an appeal against a decision not to make a Part 1A closure order;

(c) the day the Part 1A closure order ceases to have effect.

(4) On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—

(a) that the person is not associated with such use of the premises as is mentioned in section 11A(1)(b),

(b) if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent such use of the premises,

(c) that the person has incurred financial loss as mentioned in subsection (1), and

(d) having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

(5) In this section “central funds” has the same meaning as in enactments providing for the payment of costs.

11K Guidance

(1) The Secretary of State may issue guidance relating to the discharge of any functions under or for the purposes of this Part.

(2) A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function.

11L Interpretation

(1) This section applies for the purposes of this Part.

(2) “Anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person.

(3) “The appropriate chief officer”, in relation to—

(a) any premises, or

(b) a Part 1A closure order relating to any premises,

means the chief officer of police for the area in which the premises are situated.

(4) “Closed premises” means premises in respect of which a Part 1A closure order has effect.

(5) “Local authority”, in relation to England, means—

(a) a district council;

(b) a London borough council;

(c) a county council for an area for which there is no district council;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Council of the Isles of Scilly.

(6) “Local authority”, in relation to Wales, means—

(a) a county council;

(b) a county borough council.

(7) References to the local authority in relation to—

(a) any premises,

(b) a Part 1A closure notice relating to any premises, or

(c) a Part 1A closure order relating to any premises,

are references to the local authority for the area in which the premises are situated

(8) “A local authority Part 1A closure order” means a Part 1A closure order made or extended on the application of the local authority.

(9) “The owner”, in relation to premises, means—

(a) a person who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion (apart from a mortgagee not in possession), or

(b) a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

(10) “A Part 1A closure notice” means a notice issued under section 11A.

(11) “A Part 1A closure order” means—

(a) an order made under section 11B;

(b) an order extended under section 11E;

(c) an order made or extended under section 11F which has the like effect as an order made or extended under section 11B or 11E (as the case may be).

(12) “A police Part 1A closure order” means a Part 1A closure order made or extended on the application of a constable.

(13) “Premises” includes—

(a) any land or other place (whether enclosed or not);

(b) any outbuildings which are or are used as part of premises.”

Section 122

SCHEDULE 21 N.I. Nuisance or disturbance on HSS premises

Offence of causing nuisance or disturbance on HSS premises N.I.

1 (1) A person commits an offence if— N.I.

(a) the person causes, without reasonable excuse and while on HSS premises, a nuisance or disturbance to an HSS staff member who is working there or is otherwise there in connection with work,

(b) the person refuses, without reasonable excuse, to leave the HSS premises when asked to do so by a constable or an HSS staff member, and

(c) the person is not on the HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

(2) A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) For the purposes of this paragraph—

(a) a person ceases to be on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

(b) a person is not on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

(4) In this paragraph—

• “hospital grounds” means land in the vicinity of a hospital and associated with it,

• “HSS premises” means—

  (a)

  any hospital vested in, or managed by, an HSS trust,

  (b)

  any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, an HSS trust), and

  (c)

  the hospital grounds,

• “HSS staff member” means a person employed by an HSS trust or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),

• “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and

• “vehicle” includes an air ambulance.

Commencement Information

I326 Sch. 21 para. 1(1)-(3) in force at 18.10.2010 by S.R. 2010/349, art. 2

I327 Sch. 21 para. 1(4) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)

Power to remove person causing nuisance or disturbance N.I.

2 (1) If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned. N.I.

(2) If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may—

(a) remove the person from the HSS premises concerned, or

(b) authorise an HSS staff member to do so.

(3) Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary).

(4) An authorised officer cannot remove a person under this paragraph or authorise another person to do so if the authorised officer has reason to believe that—

(a) the person to be removed requires medical advice, treatment or care for himself or herself, or

(b) the removal of the person would endanger the person's physical or mental health.

(5) In this paragraph—

• “authorised officer” means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

Commencement Information

I328 Sch. 21 para. 2(1)-(4) in force at 18.10.2010 by S.R. 2010/349, art. 2

I329 Sch. 21 para. 2(5) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)

Guidance about the power to remove etc. N.I.

3 (1) The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2. N.I.

(2) Such guidance may, in particular, relate to—

(a) the authorisation by HSS trusts of authorised officers,

(b) the authorisation by authorised officers of HSS staff members to remove persons under paragraph 2,

(c) training requirements for authorised officers and HSS staff members authorised by them to remove persons under paragraph 2,

(d) matters that may be relevant to a consideration by authorised officers for the purposes of paragraph 2 of whether offences are being, or have been, committed under paragraph 1,

(e) matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

(f) the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in paragraph 2,

(g) the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,

(h) arrangements for ensuring that persons on HSS premises are aware of the offence in paragraph 1 and the powers of removal in paragraph 2, or

(i) the keeping of records.

(3) Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate.

(4) An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2.

(5) In this paragraph—

• “authorised officer” has the same meaning as in paragraph 2, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

Commencement Information

I330 Sch. 21 para. 3(1)-(3) (5) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)

I331 Sch. 21 para. 3(4) in force at 18.10.2010 by S.R. 2010/349, art. 2

Section 126

SCHEDULE 22 E+W Police misconduct and performance procedures

Part 1 E+W Amendments of Police Act 1996

1 E+W The Police Act 1996 (c. 16) has effect subject to the following amendments.

Commencement Information

I332 Sch. 22 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 16(a)

General duty of Secretary of State E+W

2 E+W In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “ sections 84 and 85 ”.

Commencement Information

I333 Sch. 22 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 16(a)

Regulations for police forces E+W

3 (1) Section 50 (regulations for police forces) is amended as follows. E+W

(2) For subsection (3) substitute—

“(3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.”

(3) In subsection (4) omit “, subject to subsection (3)(b),”.

Commencement Information

I334 Sch. 22 para. 3 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)

I335 Sch. 22 para. 3 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Regulations for special constables E+W

4 (1) Section 51 (regulations for special constables) is amended as follows. E+W

(2) In subsection (2)(ba) (conduct of special constables) after “conduct” insert “ , efficiency and effectiveness ”.

(3) After subsection (2) insert—

“(2A) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.”

Commencement Information

I336 Sch. 22 para. 4 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)

I337 Sch. 22 para. 4 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Police Federations E+W

5 E+W In section 59(3) (representation only by another member of a police force except in certain circumstances) for “provided by” substitute “ provided in regulations made in accordance with ”.

Commencement Information

I338 Sch. 22 para. 5 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

Police Advisory Board E+W

6 (1) Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows. E+W

(2) In paragraph (a), for “regulations under section 50 or 52” substitute “ regulations or rules under section 50, 52, 84 or 85 ”.

(3) After “a draft of the regulations” insert “ or rules ”.

Commencement Information

I339 Sch. 22 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 47

Representation at disciplinary and other proceedings E+W

7 E+W For section 84 substitute—

“84 Representation etc. at disciplinary and other proceedings

(1) The Secretary of State shall by regulations make provision for or in connection with—

(a) enabling the officer concerned or a relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A);

(b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.

(2) Regulations under this section may in particular make provision—

(a) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be legally represented (by a relevant lawyer);

(b) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;

(c) for securing that—

(i) a relevant authority may be legally represented, and

(ii) the panel conducting the proceedings may receive advice from a relevant lawyer,

whether or not the officer concerned is legally represented.

(3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—

(a) for securing that the officer is notified of his right to such representation;

(b) specifying when the officer is to be so notified;

(c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.

(4) In this section—

• “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable to whom the proceedings relate;

• “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;

• “prescribed” means prescribed by regulations under this section;

• “relevant authority” means—

  (a)

  where the officer concerned is a member of a police force (other than a senior officer), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable;

  (b)

  where the officer concerned is a senior officer, the police authority for the police force of which the officer is a member;

• “relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);

• “senior officer” means a member of a police force holding a rank above that of chief superintendent.

(5) But in prescribed circumstances “relevant authority” also includes the Independent Police Complaints Commission.

(6) Regulations under this section may make different provision for different cases and circumstances.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008.

(9) A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I340 Sch. 22 para. 7 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)

I341 Sch. 22 para. 7 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Appeals against dismissal etc. E+W

8 (1) Section 85 (appeals against dismissal etc.) is amended as follows. E+W

(2) For subsections (1) and (2) substitute—

“(1) The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable may appeal to a police appeals tribunal.

(2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.”

(3) For subsection (4) substitute—

“(4) Rules made under this section may, in particular, make provision—

(a) for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing;

(b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—

(i) by a relevant lawyer within the meaning of section 84, or

(ii) by a person who falls within any description of persons prescribed by the rules;

(c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,

and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules.

(4A) Rules under this section may make different provision for different cases and circumstances.”

(4) For subsection (5) substitute—

“(5) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5A) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I342 Sch. 22 para. 8 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(c) (with art. 4)

I343 Sch. 22 para. 8 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Guidance concerning disciplinary proceedings etc. E+W

9 (1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) The Secretary of State may issue relevant guidance to—

(a) police authorities,

(b) chief officers of police,

(c) other members of police forces,

(d) special constables, and

(e) persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority.

(1ZA) “Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).”

(3) In subsection (1A), after “section 50” insert “ or 51 ”.

(4) In subsection (5), after “section 50” insert “ or 51 ”.

Commencement Information

I344 Sch. 22 para. 9 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

Prospective

Police officers engaged on service outside their force E+W

10 (1) Section 97 (police officers engaged on service outside their force) is amended as follows. E+W

(2) In subsection (6)—

(a) in paragraph (b), omit “or is required to resign as an alternative to dismissal”;

(b) in paragraph (c), omit “or is required to resign as an alternative to dismissal”.

(3) In subsection (7), omit “, or required to resign as an alternative to dismissal,”.

Police Appeals Tribunals E+W

11 (1) Schedule 6 (appeals to police appeals tribunals) is amended as follows. E+W

(2) In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—

“(b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.”

(3) In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—

“(1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer,

(c) one shall be a member of the relevant police authority, and

(d) one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.”

(4) Omit paragraph 6 (hearings).

(5) In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

“(1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—

(a) by way of substitution for the decision appealed against, and

(b) as from the date of that decision.”

(6) In paragraph 10 (interpretation)—

(a) for sub-paragraph (b) substitute—

“(b) “the relevant police authority” means the police authority which maintains—

(i) the police force of which the appellant is a member, or

(ii) the police force for the area for which the appellant is appointed as a special constable,

as the case may be.”

(b) for sub-paragraph (c) substitute—

“(c) “appropriate staff association” means—

(i) where the appellant was, immediately before the proceedings from which the appeal is brought, of the rank of chief superintendent or superintendent, the Police Superintendents' Association of England and Wales; and

(ii) in any other case, the Police Federation of England and Wales.”

Commencement Information

I345 Sch. 22 para. 11 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

Part 2 E+W Amendments of Ministry of Defence Police Act 1987

12 E+W The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.

Commencement Information

I346 Sch. 22 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)

Defence Police Federation E+W

13 E+W In section 3(4) (representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “ as provided in regulations made under ”.

Commencement Information

I347 Sch. 22 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)

Regulations relating to disciplinary matters E+W

14 (1) Section 3A (regulations relating to disciplinary matters) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) The Secretary of State may make regulations with respect to—

(a) the conduct of members of the Ministry of Defence Police and the maintenance of discipline;

(b) the suspension from duty of members of the Ministry of Defence Police.

(1A) Without prejudice to the powers conferred by subsection (1), regulations under this section shall—

(a) establish, or

(b) make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of the conduct of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.”

(3) For subsection (2) substitute—

“(2) The regulations may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—

(a) a person appointed in accordance with the regulations; or

(b) the Ministry of Defence Police Committee.”

Commencement Information

I348 Sch. 22 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)

Representation etc. at disciplinary proceedings E+W

15 E+W For section 4 substitute—

“4 Representation etc. at disciplinary proceedings

(1) The Secretary of State shall by regulations make provision for or in connection with—

(a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A;

(b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.

(2) Regulations under this section may in particular make provision—

(a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer;

(b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;

(c) for securing that—

(i) the relevant authority may be legally represented, and

(ii) the panel conducting the proceedings may receive advice from a relevant lawyer,

whether or not the officer concerned is legally represented.

(3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—

(a) for securing that the officer is notified of his right to such representation;

(b) specifying when the officer is to be so notified;

(c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.

(4) In this section—

• “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of the Ministry of Defence Police to whom the proceedings relate;

• “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;

• “prescribed” means prescribed by regulations under this section;

• “relevant authority” means—

  (a)

  where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police;

  (b)

  where the officer concerned is a senior officer, the Ministry of Defence Police Committee;

• “relevant lawyer” means—

  (a)

  in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and

  (b)

  in relation to Scotland or Northern Ireland, counsel or a solicitor;

• “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent.

(5) But in prescribed circumstances “relevant authority” also includes—

(a) in relation to England and Wales, the Independent Police Complaints Commission;

(b) in relation to Scotland, the Police Complaints Commissioner for Scotland;

(c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland.

(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008.

(8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I349 Sch. 22 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)

Appeals against dismissal etc. E+W

16 E+W For section 4A substitute—

“4A Appeals against dismissal etc.

(1) The Secretary of State shall by regulations—

(a) make provision specifying the cases in which a member of the Ministry of Defence Police may appeal to a police appeals tribunal;

(b) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77).

(2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.

(3) The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section.

(4) Regulations under this section may, in particular, make provision—

(a) for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing;

(b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—

(i) by a relevant lawyer, or

(ii) by a person who falls within any description of persons prescribed by the regulations;

(c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,

and regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations.

(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(7) In this section—

• “police appeals tribunal” means a tribunal constituted in accordance with regulations under this section;

• “relevant lawyer” has the same meaning as in section 4.”

Commencement Information

I350 Sch. 22 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)

Part 3 E+W Amendments of Railways and Transport Safety Act 2003

17 E+W The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.

Commencement Information

I351 Sch. 22 para. 17 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)

Police regulations: general E+W

18 (1) Section 36 (police regulations: general) is amended as follows. E+W

(2) In subsection (1) (power to make regulations about constables) after “conditions” insert “ of service ”.

(3) For subsection (2) substitute—

“(2) The Authority shall also make regulations similar to the provision made by and under—

(a) sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and

(b) Schedule 6 to that Act (appeals to police appeals tribunals).”

Commencement Information

I352 Sch. 22 para. 18 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)

Police regulations: special constables E+W

19 E+W After section 37(1) (power to make regulations about special constables) insert—

“(1A) The Authority shall also make regulations similar to the provision made by and under—

(a) sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and

(b) Schedule 6 to that Act (appeals to police appeals tribunals).”

Commencement Information

I353 Sch. 22 para. 19 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)

Police regulations by Secretary of State E+W

20 E+W For section 42(3) substitute—

“(3) If regulations under this section make provision for a matter specified in section 50(3) or section 51(2A) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under—

(a) sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and

(b) Schedule 6 to that Act (appeals to police appeals tribunals).”

Commencement Information

I354 Sch. 22 para. 20 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)

Regulations: further appeal E+W

21 E+W Omit section 43 (regulations: further appeal).

Commencement Information

I355 Sch. 22 para. 21 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)

Section 127

SCHEDULE 23 E+W Investigation of complaints of police misconduct etc.

1 E+W The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.

Commencement Information

I356 Sch. 23 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)

2 E+W In section 23(2) (regulations) after paragraph (q) insert—

“(r) for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Commission by a person who is not that person's legal representative but is of a description specified in the regulations.”

Commencement Information

I357 Sch. 23 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)

3 E+W Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.

Commencement Information

I358 Sch. 23 para. 3 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)

4 E+W In paragraph 6(4) (handling of complaints by appropriate authority: use of local resolution procedures) in each of paragraphs (a)(ii) and (b)(ii), for the words from “, a requirement to resign” to the end substitute “ or the giving of a final written warning. ”

Commencement Information

I359 Sch. 23 para. 4 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

5 E+W After paragraph 19 insert—

“Special procedure where investigation relates to police officer or special constable E+W

19A Paragraphs 19B to 19E apply to investigations of complaints or recordable conduct matters in cases where the person concerned (see paragraph 19B(11)) is a member of a police force or a special constable.

Assessment of seriousness of conduct under investigation E+W

19B (1) If, during the course of an investigation of a complaint, it appears to the person investigating that there is an indication that a person to whose conduct the investigation relates may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the person investigating must certify the investigation as one subject to special requirements.

(2) If the person investigating a complaint certifies the investigation as one subject to special requirements, the person must, as soon as is reasonably practicable after doing so, make a severity assessment in relation to the conduct of the person concerned to which the investigation relates.

(3) The person investigating a recordable conduct matter must make a severity assessment in relation to the conduct to which the investigation relates—

(a) as soon as is reasonably practicable after his appointment or designation, or

(b) in the case of a matter recorded in accordance with paragraph 21A(5) or 24B(2), as soon as is reasonably practicable after it is so recorded.

(4) For the purposes of this paragraph a “severity assessment”, in relation to conduct, means an assessment as to—

(a) whether the conduct, if proved, would amount to misconduct or gross misconduct, and

(b) if the conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take.

(5) An assessment under this paragraph may only be made after consultation with the appropriate authority.

(6) On completing an assessment under this paragraph, the person investigating the complaint or matter must give a notification to the person concerned that complies with sub-paragraph (7).

(7) The notification must—

(a) give the prescribed information about the results of the assessment;

(b) give the prescribed information about the effect of paragraph 19C and of regulations under paragraph 19D;

(c) set out the prescribed time limits for providing the person investigating the complaint or matter with relevant statements and relevant documents respectively for the purposes of paragraph 19C(2);

(d) give such other information as may be prescribed.

(8) Sub-paragraph (6) does not apply for so long as the person investigating the complaint or matter considers that giving the notification might prejudice—

(a) the investigation, or

(b) any other investigation (including, in particular, a criminal investigation).

(9) Where the person investigating a complaint or matter has made a severity assessment and considers it appropriate to do so, the person may revise the assessment.

(10) On revising a severity assessment, the person investigating the complaint or matter must notify the prescribed information about the revised assessment to the person concerned.

(11) In this paragraph and paragraphs 19C to 19E—

• “the person concerned”—

  (a)

  in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in paragraph 19B(1);

  (b)

  in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates;

• “relevant document”—

  (a)

  means a document relating to any complaint or matter under investigation, and

  (b)

  includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed;

• “relevant statement” means an oral or written statement relating to any complaint or matter under investigation.

Duty to consider submissions from person whose conduct is being investigated E+W

19C (1) This paragraph applies to—

(a) an investigation of a complaint that has been certified under paragraph 19B(1) as one subject to special requirements, or

(b) an investigation of a recordable conduct matter.

(2) If before the expiry of the appropriate time limit notified in pursuance of paragraph 19B(7)(c)—

(a) the person concerned provides the person investigating the complaint or matter with a relevant statement or a relevant document, or

(b) any person of a prescribed description provides that person with a relevant document,

that person must consider the statement or document.

Interview of person whose conduct is being investigated E+W

19D (1) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with any interview of the person concerned which is held during the course of an investigation within paragraph 19C(1)(a) or (b) by the person investigating the complaint or matter.

(2) Regulations under this paragraph may, in particular, make provision—

(a) for determining how the time at which an interview is to be held is to be agreed or decided,

(b) about the information that must be provided to the person being interviewed,

(c) for enabling that person to be accompanied at the interview by a person of a prescribed description.

Duty to provide certain information to appropriate authority E+W

19E (1) This paragraph applies during the course of an investigation within paragraph 19C(1)(a) or (b).

(2) The person investigating the complaint or matter must supply the appropriate authority with such information in that person's possession as the authority may reasonably request for the purpose mentioned in sub-paragraph (3).

(3) That purpose is determining, in accordance with regulations under section 50 or 51 of the 1996 Act, whether the person concerned should be, or should remain, suspended—

(a) from office as constable, and

(b) where that person is a member of a police force, from membership of that force.”

Commencement Information

I360 Sch. 23 para. 5 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)

I361 Sch. 23 para. 5 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

6 (1) Paragraph 20A (accelerated procedure in special cases) is amended as follows. E+W

(2) In sub-paragraph (1) (application of paragraph) for “a person appointed or designated to investigate” substitute “ the person investigating ”.

(3) In sub-paragraph (6) (investigation to continue after submission of report) for “appointed or designated to investigate” substitute “ investigating ”.

(4) In sub-paragraph (7) (definition of special conditions)—

(a) for paragraphs (a) and (b) substitute—

“(a) there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct;”;

(b) in paragraph (c), for “is the subject matter of the investigation” substitute “ it is ”.

(5) Omit sub-paragraph (8) (interpretation).

Commencement Information

I362 Sch. 23 para. 6 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

7 (1) Paragraph 20B (investigations managed or carried out by Commission: action by appropriate authority) is amended as follows. E+W

(2) For sub-paragraphs (3) and (4) (action to be taken where special conditions are satisfied) substitute—

“(3) If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a) certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

(b) take such steps as are required by those regulations in relation to a case so certified.”

(3) Omit sub-paragraph (5) (appropriate authority to notify DPP if special conditions are satisfied).

Commencement Information

I363 Sch. 23 para. 7 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

8 E+W In paragraph 20D(2) (action by Commission on receipt of memorandum) for “appointed under paragraph 18 or designated under paragraph 19” substitute “ investigating the complaint or matter ”.

Commencement Information

I364 Sch. 23 para. 8 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

9 (1) Paragraph 20E (other investigations: action by appropriate authority) is amended as follows. E+W

(2) For sub-paragraphs (3) and (4) (action to be taken where special conditions are satisfied) substitute—

“(3) If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a) certify the case as a special case for the purposes of regulations under section 50(3) or 51(2A) of the 1996 Act; and

(b) take such steps as are required by those regulations in relation to a case so certified.”

(3) Omit sub-paragraph (5) (appropriate authority to notify DPP if special conditions are satisfied).

(4) In sub-paragraph (7) (appropriate authority to notify person investigating if special conditions are not satisfied) for “appointed under paragraph 16 or 17” substitute “ investigating the complaint or matter ”.

Commencement Information

I365 Sch. 23 para. 9 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

10 E+W Omit paragraph 20G (special cases: Director of Public Prosecutions) and the cross-heading immediately preceding it.

Commencement Information

I366 Sch. 23 para. 10 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

11 (1) Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows. E+W

(2) In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit the words from “(and the other provisions” to the end.

(3) After sub-paragraph (5) insert—

“(6) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—

(a) the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) continue the investigation as if appointed or designated to investigate the conduct matter, and

(b) the other provisions of this Schedule shall apply in relation to that matter accordingly.”

Commencement Information

I367 Sch. 23 para. 11 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i)

12 (1) Paragraph 22 (final reports on investigations) is amended as follows. E+W

(2) In sub-paragraph (1) (cases where paragraph 22 applies)—

(a) after paragraph (a) insert “ or ”;

(b) omit paragraph (c).

(3) In sub-paragraph (4) (meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “ a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5) ”.

(4) At the end insert—

“(7) The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)—

(a) to include such matters as are specified in the regulations;

(b) to be accompanied by such documents or other items as are so specified.

(8) A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request.

(9) The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—

(a) considers that the document or item is of relevance to the investigation, and

(b) requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).

(10) Those purposes are—

(a) complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;

(b) ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.”

Commencement Information

I368 Sch. 23 para. 12(1) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)

I369 Sch. 23 para. 12(1)-(3) in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

I370 Sch. 23 para. 12(4) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)

I371 Sch. 23 para. 12(4) in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

13 (1) Paragraph 23 (action by Commission in response to investigation report) is amended as follows. E+W

(2) In sub-paragraph (2) (action to be taken on receipt of report)—

(a) for paragraph (b) substitute—

“(b) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;”;

(b) in paragraph (c), for “the report does so indicate” substitute “ those conditions are so satisfied ”;

(c) in paragraph (d), after “appropriate authority” insert “ and the persons mentioned in sub-paragraph (5) ”.

(3) After sub-paragraph (2) insert—

“(2A) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(2B) The second condition is that—

(a) the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b) any matters dealt with in the report fall within any prescribed category of matters.”

(4) In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.

(5) For sub-paragraphs (6) and (7) substitute—

“(6) On receipt of the report, the Commission shall also notify the appropriate authority that it must—

(a) in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(i) whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and

(ii) what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

(b) determine what other action (if any) the authority will in its discretion take in respect of those matters.”

(7) On receipt of a notification under sub-paragraph (6) the appropriate authority shall make those determinations and submit a memorandum to the Commission which—

(a) sets out the determinations the authority has made, and

(b) if the appropriate authority has decided in relation to any person to whose conduct the investigation related that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding.”

(6) In sub-paragraph (8)(a) (action by Commission on receipt of memorandum) for “is proposing to take the action” substitute “ has made the determinations under sub-paragraph (6)(a) ”.

Commencement Information

I372 Sch. 23 para. 13 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

14 (1) Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows. E+W

(2) In sub-paragraph (2) (action to be taken on receipt of report)—

(a) for paragraph (a) substitute—

“(a) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;”;

(b) in paragraph (b), for “the report does so indicate” substitute “ those conditions are so satisfied ”;

(c) after paragraph (b) insert “and

(c) shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).”

(3) After sub-paragraph (2) insert—

“(2A) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(2B) The second condition is that—

(a) the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b) any matters dealt with in the report fall within any prescribed category of matters.”

(4) In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.

(5) After sub-paragraph (5) insert—

“(5A) In the case of a report falling within sub-paragraph (1)(b) which relates to a recordable conduct matter, the appropriate authority shall also notify the Commission of its determination under sub-paragraph (2)(a).

(5B) On receipt of such a notification that the appropriate authority has determined that the conditions in sub-paragraphs (2A) and (2B) are not satisfied in respect of the report, the Commission—

(a) shall make its own determination as to whether those conditions are so satisfied, and

(b) if it determines that they are so satisfied, shall direct the appropriate authority to notify the Director of Public Prosecutions of the Commission's determination and to send the Director a copy of the report.

(5C) It shall be the duty of the appropriate authority to comply with any direction given to it under sub-paragraph (5B).”

(6) For sub-paragraph (6) substitute—

“(6) On receipt of the report or (as the case may be) copy, the appropriate authority shall also—

(a) in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(i) whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and

(ii) what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

(b) determine what other action (if any) the authority will in its discretion take in respect of those matters.”

(7) In sub-paragraph (7) (appropriate authority to give notice on making a determination under sub-paragraph (6)) for “a determination” substitute “ the determinations ”.

(8) In sub-paragraph (8) (contents of notification authority is required to give of its determination) for paragraphs (b) and (c) substitute—

“(b) the determinations the authority has made under sub-paragraph (6);”.

Commencement Information

I373 Sch. 23 para. 14 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

15 E+W In paragraph 24A(2) (final reports on investigations into other DSI matters: obligation to submit report) for the words from “A person appointed” to “paragraph 19” substitute “ The person investigating ”.

Commencement Information

I374 Sch. 23 para. 15 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

16 (1) Paragraph 24B (action in response to a report on a DSI matter) is amended as follows. E+W

(2) In sub-paragraph (2) (circumstances in which appropriate authority must record matter as a conduct matter) omit the words from “(and the other provisions” to the end.

(3) After sub-paragraph (2) insert—

“(3) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—

(a) the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) investigate the conduct matter as if appointed or designated to do so, and

(b) the other provisions of this Schedule shall apply in relation to that matter accordingly.”

Commencement Information

I375 Sch. 23 para. 16 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i)

17 (1) Paragraph 25 (appeals to Commission with respect to an investigation) is amended as follows. E+W

(2) In sub-paragraph (2) (rights of appeal)—

(a) for paragraph (a)(ii) substitute—

“(ii) about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;”;

(b) for paragraph (c) substitute—

“(ba) a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

(c) a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

(d) a right of appeal against any determination by the appropriate authority under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report;”.

(3) In sub-paragraph (3) (power of Commission to require appropriate authority to submit memorandum on an appeal)—

(a) before paragraph (a) insert—

“(za) sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;”;

(b) for paragraphs (a) and (b) substitute—

“(a) sets out what action (if any) the authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;”;

(c) in paragraph (c), for “any person whose conduct is the subject-matter of the report” substitute “ a person to whose conduct the investigation related ”;

(d) after paragraph (c) insert “and

(d) if the appropriate authority made a determination under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination;”.

(4) In sub-paragraph (5) (determinations to be made by Commission on an appeal)—

(a) after “shall determine” insert “ such of the following as it considers appropriate in the circumstances ”;

(b) for paragraph (c) substitute—

“(c) whether the appropriate authority—

(i) has made such a determination as is mentioned in sub-paragraph (3)(za) that the Commission considers to be appropriate in respect of the matters dealt with in the report, and

(ii) has determined that it is required to or will, in its discretion, take the action (if any) that the Commission considers to be so appropriate; and

(d) whether the conditions set out in paragraph 24(2A) and (2B) are satisfied in respect of the report.”

(5) In sub-paragraph (9) (action to be taken by Commission when it determines appropriate authority is not taking appropriate action) for “is not proposing to take the action in consequence of” substitute “ has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Commission considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in ”.

(6) After sub-paragraph (9) insert—

“(9A) If, on an appeal under this paragraph, the Commission determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, it shall direct the appropriate authority—

(a) to notify the Director of Public Prosecutions of the Commission's determination, and

(b) to send the Director a copy of the report.”

Commencement Information

I376 Sch. 23 para. 17 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

18 (1) Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows. E+W

(2) In sub-paragraph (1) (application of paragraph) in each of paragraphs (a) and (b), for “proposing to” substitute “ required to or will, in its discretion, ”.

(3) In sub-paragraph (3) (recommendations that may be made by Commission in certain circumstances)—

(a) before paragraph (a) insert—

“(za) that the person has a case to answer in respect of misconduct or gross misconduct or has no case to answer in relation to his conduct to which the investigation related;”;

(b) for paragraph (a) substitute—

“(a) that disciplinary proceedings of the form specified in the recommendation are brought against that person in respect of his conduct to which the investigation related;”;

(c) in paragraph (b), for “include such charges” substitute “ deal with such aspects of that conduct ”.

Commencement Information

I377 Sch. 23 para. 18 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)

19 E+W After paragraph 28 insert—

“Minor definitions E+W

29 In this Part of this Schedule—

• “gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;

• “misconduct” means a breach of the Standards of Professional Behaviour;

• “the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.”

Commencement Information

I378 Sch. 23 para. 19 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)

I379 Sch. 23 para. 19 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)

Section 140

SCHEDULE 24 E+W Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”

Commencement Information

I380 Sch. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 43

The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—

“SCHEDULE 34A E+W Child sex offences for purposes of section 327A

Offences under provisions repealed by Sexual Offences Act 2003 E+W

1 An offence under—

(a) section 5 or 6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or 16), or

(b) section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).

2 An offence under any of—

(a) section 1 of that Act (rape),

(b) section 10 of that Act (incest by a man), and

(c) sections 12 to 16 of that Act (buggery, indecency between men, indecent assault and assault with intent to commit buggery),

where the victim or (as the case may be) the other party was under 18 at the time of the offence.

3 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).

4 An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape where the intended offence was an offence against a person under 18.

5 An offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).

6 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Other offences E+W

7 An offence under any of—

(a) sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(b) sections 9 to 15 of that Act (child sex offences),

(c) sections 16 to 19 of that Act (abuse of position of trust),

(d) sections 25 and 26 of that Act (familial child sex offences), and

(e) sections 47 to 50 of that Act (abuse of children through prostitution and pornography).

8 An offence under any of—

(a) sections 1 to 4 of that Act (rape, assault and causing sexual activity without consent),

(b) sections 30 to 41 of that Act (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder), and

(c) section 61 of that Act (administering a substance with intent),

where the victim of the offence was under 18 at the time of the offence.

9 An offence under section 62 or 63 of that Act (committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence) where the intended offence was an offence against a person under 18.

10 An offence under section 66 or 67 of that Act (exposure and voyeurism) where the victim or intended victim of the offence was under 18 at the time of the offence.

11 An offence under—

(a) section 1 of the Protection of Children Act 1978 (indecent photographs of children), or

(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).

12 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) where the prohibited goods included any indecent photograph showing a person under 18.

13 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) in relation to an image showing a person under 18.

General E+W

14 A reference in this Schedule to an offence (“offence A”) includes—

(a) a reference to an attempt to commit offence A,

(b) a reference to a conspiracy to commit offence A,

(c) a reference to incitement to commit offence A,

(d) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

(e) a reference to aiding and abetting, counselling or procuring the commission of offence A.

15 A reference in this Schedule to an offence (“offence A”) includes—

(a) a reference to an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence A, and

(b) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A;

and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.”

Section 145

SCHEDULE 25 E+W Amendments to armed forces legislation

Part 1 E+W Courts-Martial (Appeals) Act 1968

1 E+W The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.

Commencement Information

I381 Sch. 25 para. 1 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Power to dismiss certain appeals following references by the CCRC E+W

2 E+W After section 25B insert—

“Appeals following references by the CCRC E+W

25C Power to dismiss certain appeals following references by the CCRC

(1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995.

(2) Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court may dismiss the appeal if—

(a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction or finding that is the subject of the appeal, and

(b) the condition in subsection (3) is met.

(3) The condition in this subsection is that if—

(a) the reference had not been made, but

(b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 9(3).”

Commencement Information

I382 Sch. 25 para. 2 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Interim hospital orders E+W

3 E+W Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.

Commencement Information

I383 Sch. 25 para. 3 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

4 E+W Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.

Commencement Information

I384 Sch. 25 para. 4 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

5 E+W Before section 36 (but after the cross-heading preceding it) insert—

“35A Effect of interim hospital orders

(1) This section applies where the Appeal Court—

(a) make an interim hospital order by virtue of any provision of this Part, or

(b) renew an interim hospital order so made.

(2) The Court Martial shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.”

Commencement Information

I385 Sch. 25 para. 5 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

6 E+W In section 36 (powers of Court under Part 2 which are exercisable by single judge), in subsection (1) after paragraph (h) insert—

“(ha) to renew an interim hospital order made by them by virtue of any provision of this Part;”.

Commencement Information

I386 Sch. 25 para. 6 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Evidence E+W

7 (1) Section 28 (evidence) is amended as follows. E+W

(2) In subsection (1), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.

(3) In that subsection, for paragraph (b) substitute—

“(b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and”.

(4) After subsection (1) insert—

“(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a) the Appeal Court;

(b) the appellant;

(c) the respondent.”

(5) In subsection (4), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.

(6) After subsection (4) insert—

“(5) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.”

Commencement Information

I387 Sch. 25 para. 7 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Appeals against procedural directions E+W

8 E+W In section 36C (appeals against procedural directions), subsections (1) and (2) are omitted.

Commencement Information

I388 Sch. 25 para. 8 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Detention of accused pending appeal to Supreme Court E+W

9 (1) Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows. E+W

(2) In subsection (1) for “may make an order under this section” substitute “ shall make one of the orders specified in subsection (1A) ”.

(3) In subsection (1A)—

(a) for “An order under this section is” substitute “ The orders specified in this subsection are ”,

(b) the word “or” at the end of paragraph (a) is omitted, and

(c) after paragraph (b) insert—

“(c) an order that the accused be released without bail.”

(4) After subsection (1B) insert—

“(1C) The Appeal Court may make an order within subsection (1A)(c) only if they think that it is in the interests of justice that the accused should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.”

(5) In subsection (2) for “under this section” substitute “ within subsection (1A)(a) or (b) ”.

(6) For subsection (5) substitute—

“(5) The accused shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a) the Appeal Court have made an order within subsection (1A)(c), or

(b) the Appeal Court have made an order within subsection (1A)(a) or (b) but the order has ceased to have effect by virtue of subsection (2) or the accused has been released or discharged by virtue of subsection (3).”

Commencement Information

I389 Sch. 25 para. 9 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)

Part 2 E+W Armed Forces Act 2006

10 E+W The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.

Commencement Information

I390 Sch. 25 para. 10 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Consecutive custodial sentences E+W

11 E+W In section 188(4) (consecutive custodial sentences), after “Part 12 of the 2003 Act” insert “ or under Part 2 of the Criminal Justice Act 1991 ”.

Commencement Information

I391 Sch. 25 para. 11 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Dangerous offenders E+W

12 E+W In section 209 (offenders under 18 convicted of certain serious offences), in subsection (7) for “sections 221, 222 and 227” substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) and section 227 of this Act ”.

Commencement Information

I392 Sch. 25 para. 12 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

13 (1) Section 219 (dangerous offenders aged 18 or over) is amended as follows. E+W

(2) In subsection (1) for the words from “a person” to the end substitute “—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is a serious offence, and

(c) the court is of the required opinion (defined by section 223).”

(3) For subsections (2) and (3) substitute—

“(2) Section 225(2) to (4) of the 2003 Act apply in relation to the offender.

(3) In section 225(2) and (3A) of the 2003 Act (as applied by subsection (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act.”

(4) For the italic cross-heading before section 219 substitute “ Required or discretionary sentences for particular offences ”.

Commencement Information

I393 Sch. 25 para. 13 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

14 (1) Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows. E+W

(2) In subsection (1) for the words from “a person” to the end substitute “—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is a specified offence,

(c) the court is of the required opinion (defined by section 223), and

(d) where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 225(2) of the 2003 Act (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life.”

(3) For subsection (2) substitute—

“(2) Section 227(2) to (5) of the 2003 Act apply in relation to the offender.”

(4) In subsection (3)—

(a) for “section 227” substitute “ section 227(2) to (5) ”,

(b) before paragraph (a) insert—

“(za) the reference in section 227(2A) to “the offence” is to be read as a reference to the offence under section 42 of this Act;”, and

(c) in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2C)(b) ”.

(5) After subsection (3) insert—

“(3A) The power conferred by section 227(6) of the 2003 Act includes power to amend section 227(2B) as applied by this section.”

Commencement Information

I394 Sch. 25 para. 14 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

15 (1) Section 221 (dangerous offenders aged under 18) is amended as follows. E+W

(2) In subsection (1) for the words from “a person” to the end substitute “—

(a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct),

(b) the corresponding offence under the law of England and Wales is a serious offence, and

(c) the court is of the required opinion (defined by section 223).”

(3) For subsection (2) substitute—

“(2) Section 226(2) to (4) of the 2003 Act apply in relation to the offender.”

(4) In subsection (3)—

(a) for the words from the beginning to “is” substitute “ In section 226(2) of the 2003 Act (as applied subsection (2)) ”, and

(b) in paragraphs (a) and (b) the words “in section 226(2)” are omitted.

(5) Subsection (4) is omitted.

Commencement Information

I395 Sch. 25 para. 15 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

16 (1) Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows. E+W

(2) In subsection (1), in paragraph (d) for the words from “section 221” to the end substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) to impose a sentence of detention for life. ”

(3) For subsection (2) substitute—

“(2) Section 228(2) to (5) of the 2003 Act apply in relation to the offender.”

(4) In subsection (3)—

(a) for “section 228” substitute “ section 228(2) to (5) ”, and

(b) in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2B)(b) ”.

(5) After subsection (3) insert—

“(3A) The power conferred by section 228(7) of the 2003 Act includes power to amend section 228(2A) as applied by this section.”

Commencement Information

I396 Sch. 25 para. 16 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

17 (1) Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows. E+W

(2) In subsection (1) for “219(2), 220(2), 221(2)” substitute “ 219(1), 220(1), 221(1) ”.

(3) In subsection (2) for “section 229(2) to (4)” substitute “ section 229(2) and (2A) ”.

(4) In subsection (3) the words “to (4)” are omitted.

Commencement Information

I397 Sch. 25 para. 17 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

18 (1) Section 228 (appeals where previous convictions set aside) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) Subsection (3) applies where—

(a) a sentence has been imposed on any person under section 225(3) or 227(2) of the 2003 Act (as applied by section 219(2) or 220(2) of this Act),

(b) the condition in section 225(3A) or (as the case may be) 227(2A) of the 2003 Act was met but the condition in section 225(3B) or (as the case may be) 227(2B) of that Act was not, and

(c) any previous conviction of his without which the condition in section 225(3A) or (as the case may be) 227(2A) would not have been met has been subsequently set aside on appeal.”

Commencement Information

I398 Sch. 25 para. 18 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

19 E+W In section 237 (purposes of sentencing), in subsection (3)(b)—

(a) for “to 222” substitute “ , 221 ”, and

(b) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I399 Sch. 25 para. 19 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

20 E+W In section 256 (pre-sentence reports), in subsection (1)(c) for the words from “section” to the end substitute “ section 219(1), 220(1), 221(1) or 222(1) (sentences for dangerous offenders). ”

Commencement Information

I400 Sch. 25 para. 20 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

21 E+W In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)(b) for the words from “as a result” to the end substitute “ under section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or as a result of any of sections 225 to 227 of this Act. ”

Commencement Information

I401 Sch. 25 para. 21 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

22 E+W In section 261 (length of discretionary custodial sentences: general provision)—

(a) in subsection (1) for “falling to be imposed as a result of section 219(2) or 221(2)” substitute “ imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) ”, and

(b) in subsection (3) for “required minimum sentences” substitute “ sentences that may or must be imposed ”.

Commencement Information

I402 Sch. 25 para. 22 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

23 E+W In section 273 (review of unduly lenient sentences by Court Martial Appeal Court), in subsection (6)(b) for “section 219, 220, 221, 222, 225, 226 or 227” substitute “ section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act ”.

Commencement Information

I403 Sch. 25 para. 23 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Restrictions on imposing community punishment E+W

Prospective

F55 24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Sch. 25 para. 24 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 64(5)(c), 151(1); S.I. 2012/2906, art. 2(a)

Prospective

25 E+W In section 254(1) (savings for powers to mitigate sentence etc.) for “and 270” substitute “ , 270 and 270B ”.

26 (1) Section 270 (community punishments: general restrictions etc.) is amended as follows. E+W

(2) After subsection (6) insert—

“(6A) The fact that by virtue of any provision of this section—

(a) a community punishment may be awarded in respect of an offence, or

(b) particular restrictions on liberty may be imposed by a community punishment,

does not require a court to award such a punishment or to impose those restrictions.”

(3) Subsection (7) is omitted.

(4) In subsection (8)—

(a) the word “Accordingly” is omitted; and

(b) for “151(2) of the 2003 Act as applied by this section” substitute “ 270B(4) ”.

Commencement Information

I404 Sch. 25 para. 26(1)(2) in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Prospective

F56 27 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 Sch. 25 para. 27 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)

Review of sentence on reference by Attorney General E+W

28 E+W In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—

“(7) Where a reference under subsection (1) relates to a case in which the Court Martial made an order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.

(7A) The orders specified in this subsection are—

(a) an order under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence);

(b) an order under section 82A(2) of the Sentencing Act (determination of minimum term in relation to discretionary life sentences and certain other sentences).”

Commencement Information

I405 Sch. 25 para. 28 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Compensation for miscarriages of justice E+W

29 (1) Section 276 (compensation for miscarriages of justice) is amended as follows. E+W

(2) In subsection (1) for “subsections (2) and (3)” substitute “ subsections (2) to (3A) ”.

(3) At the end of subsection (3) insert “before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(3A) But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.”

(4) For subsection (6) substitute—

“(6) Section 276A applies in relation to the assessment of the amount of the compensation.”

(5) After subsection (7) insert—

“(7A) But in a case where—

(a) a person's conviction for an offence is quashed on an appeal out of time, and

(b) the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.”

Commencement Information

I406 Sch. 25 para. 29 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

30 E+W After section 276 insert—

“276A Miscarriages of justice: amount of compensation

(1) This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 276 for a miscarriage of justice.

(2) In assessing so much of any compensation payable under section 276 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

(a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction, and

(b) the conduct of the investigation and prosecution of the offence.

(3) The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 276 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

(a) any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

(b) any other convictions of the person and any punishment resulting from them.

(4) If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 276 is to be a nominal amount only.

(5) The total amount of compensation payable to or in respect of a person under section 276 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

(a) £1 million in a case to which section 276B applies, and

(b) £500,000 in any other case.

(6) The total amount of compensation payable under section 276 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

(7) The Secretary of State may by order amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

276B Cases where person has been detained for at least 10 years

(1) For the purposes of section 276A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

(a) the conviction is reversed, or

(b) the pardon is given,

as mentioned in section 276(1).

(2) P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a) by virtue of a sentence passed in respect of the relevant offence,

(b) under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c) as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(3) In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

(a) in qualifying detention, and

(b) in excluded concurrent detention.

(4) P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a) during the term of a sentence passed in respect of an offence other than the relevant offence,

(b) under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c) as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with an offence for which P was subsequently convicted other than—

(i) the relevant offence, or

(ii) any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(5) But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

(6) In this section—

• “kept in service custody” means—

  (a)

  kept in service custody under section 105(2) of the Armed Forces Act 2006, or

  (b)

  kept in military, air-force or naval custody under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be);

• “mental health legislation” means—

  (a)

  Part 3 of the Mental Health Act 1983, or

  (b)

  the provisions of any earlier enactment corresponding to Part 3 of that Act;

• “the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));

• “remanded for mental health purposes” means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment;

• “reversed” has the same meaning as in section 276 of this Act.

(7) If, as a result of the miscarriage of justice—

(a) two or more convictions are reversed, or

(b) a pardon is given in respect of two or more offences,

“the relevant offence” means any of the offences concerned.”

Commencement Information

I407 Sch. 25 para. 30 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

31 E+W In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “ 276A(7), ”.

Commencement Information

I408 Sch. 25 para. 31 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Imposition of unpaid work requirement for breach of service community order or overseas service community order E+W

32 E+W In paragraph 14(b) of Schedule 5 (modifications of Schedule 8 to the Criminal Justice Act 2003 as it applies to overseas community orders), for “(3)” substitute “ (3A) ”.

Commencement Information

I409 Sch. 25 para. 32 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Suspended prison sentences: further conviction or breach of requirement E+W

33 E+W In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—

(a) in the substituted text of sub-paragraph (2), after “Part 12” insert “ of this Act or under Part 2 of the Criminal Justice Act 1991 ”; and

(b) in the substituted text of sub-paragraph (3), after “287” insert “ of the Armed Forces Act 2006 ”.

Commencement Information

I410 Sch. 25 para. 33 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)

Part 3 E+W Transitional provisions

Transitional provisions: compensation for miscarriage of justice E+W

34 (1) Paragraph 29(3) has effect in relation to any application for compensation made in relation to— E+W

(a) a conviction which is reversed, and

(b) a pardon which is given,

on or after the commencement date.

(2) Paragraphs 29(4) and 30 have effect in relation to—

(a) any application for compensation made on or after the commencement date, and

(b) any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 276(4) of the 2006 Act.

(3) Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.

(4) Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date.

(5) In the case of—

(a) a conviction which is reversed, or

(b) a pardon which is given,

before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.

(6) But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

(7) In this paragraph—

• “the 2006 Act” means the Armed Forces Act 2006 (c. 52);

• “application for compensation” means an application for compensation made under section 276(3) of the 2006 Act;

• “the commencement date” means the date on which paragraphs 29 and 30 come into force;

• “reversed” has the same meaning as in section 276(1) of the 2006 Act (as amended by paragraph 29(5)).

Commencement Information

I411 Sch. 25 para. 34 in force at 31.10.2009 by S.I. 2009/2606, art. 3(h)

Section 148

SCHEDULE 26 U.K. Minor and consequential amendments

Part 1 U.K. Fine defaulters

Prospective

Magistrates' Courts Act 1980 (c. 43) U.K.

1 U.K. In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—

“(a) a youth default order under section 39 of the Criminal Justice and Immigration Act 2008; or”.

Criminal Justice Act 2003 (c. 44) U.K.

2 (1) The Criminal Justice Act 2003 is amended as follows. U.K.

(2) In section 221(2) (provision of attendance centres) after paragraph (b) insert—

“(c) default orders under section 300 of this Act, or

(d) youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.”

(3) In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)—

(a) in subsection (1)—

(i) for “16” substitute “ 18 ”, and

(ii) omit paragraph (b), and

(b) in subsection (2), omit from “or, as the case may be” to “young offender)”.

(4) In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert—

“Attendance centre requirement U.K.

3A In its application to a default order, section 214(2) (attendance centre requirement) is modified by the substitution for “not be less than 12 or more than 36” of “be—

(a) not less than 12, and

(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £200	18 hours
An amount exceeding £200 but not exceeding £500	21 hours
An amount exceeding £500 but not exceeding £1,000	24 hours
An amount exceeding £1,000 but not exceeding £2,500	30 hours
An amount exceeding £2,500	36 hours”.”

(5) In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”.

(6) In paragraph 5 of that Schedule, for “or 3” substitute “ , 3 or 3A ”.

Commencement Information

I412 Sch. 26 para. 2(1) (2) Sch. 26 para. 2(4)-(6) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

Part 2 U.K. Other amendments

Prison Act 1952 (c. 52) U.K.

3 U.K. In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “ or other persons who may be lawfully detained there ”.

Commencement Information

I413 Sch. 26 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(b)

Criminal Justice Act 1961 (c. 39) U.K.

4 U.K. In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “ a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with ”.

Commencement Information

I414 Sch. 26 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(c)

Children and Young Persons Act 1969 (c. 54) U.K.

5 (1) Section 23AA of the Children and Young Persons Act 1969 (electronic monitoring of remand conditions) is amended as follows. U.K.

(2) In subsection (4)—

(a) paragraph (a) is omitted; and

(b) in paragraph (b), for “those arrangements” substitute “ arrangements currently available in each local justice area which is a relevant area ”.

(3) In subsection (8) for “Subsections (8) to (10) of section 3AA” substitute “ Subsections (4) to (7) of section 3AC ”.

Commencement Information

I415 Sch. 26 para. 5 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 18(a)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47) U.K.

6 U.K. In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “ a finding ”.

Commencement Information

I416 Sch. 26 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(d)

Wildlife and Countryside Act 1981 (c. 69) U.K.

7 U.K. In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “ by section 19 ”.

Commencement Information

I417 Sch. 26 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(e)

Mental Health Act 1983 (c. 20) U.K.

8 U.K. In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I418 Sch. 26 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(f)

Repatriation of Prisoners Act 1984 (c. 47) U.K.

9 U.K. The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.

Commencement Information

I419 Sch. 26 para. 9 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)

10 U.K. Before section 1 insert— “ Transfer of prisoners to or from the United Kingdom ”.

Commencement Information

I420 Sch. 26 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

11 (1) Section 1 (issue of warrant for transfer) is amended as follows. U.K.

(2) In subsections (2) and (3) for “warrant under this Act” substitute “ warrant under this section ”.

(3) In subsection (4)—

(a) for “warrant under this Act” (in both places) substitute “ warrant under this section ”;

(b) in paragraph (b) omit the words “under this Act”.

(4) In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “ warrant under this section ”.

(5) In subsection (6) after “warrant” (in the first place it appears) insert “ under this section ”.

(6) In subsection (7)(b) after “under” insert “ any of ”.

(7) In subsection (8)—

(a) after “similar to” insert “ any of ”;

(b) after “respect to” insert “—

(a)  ”; and

(c) at the end insert “; or

(b) the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).”

Commencement Information

I421 Sch. 26 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

12 (1) Section 2 (transfer out of the United Kingdom) is amended as follows. U.K.

(2) In subsection (1) after “warrant” insert “ under section 1 ”.

(3) In subsection (4)—

(a) in paragraph (a) for “warrant under this Act” substitute “ warrant under section 1 ”; and

(b) in paragraph (b)(i) (as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “ , (1A) ”.

(4) In subsection (7) for “warrant under this Act” substitute “ warrant under section 1 ”.

Commencement Information

I422 Sch. 26 para. 12(1)(3)(b) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)

I423 Sch. 26 para. 12(2)(3)(a)(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

13 (1) Section 3 (transfer into the United Kingdom) is amended as follows. U.K.

(2) In subsection (1), after “a warrant” insert “ under section 1 ”.

(3) In subsections (2), (4) and (6), for “warrant under this Act” substitute “ warrant under section 1 ”.

(4) In subsection (7)—

(a) at the beginning insert “ Part 1 of ”; and

(b) for “warrant under this Act” substitute “ warrant under section 1 ”.

(5) Subsection (10) is omitted.

Commencement Information

I424 Sch. 26 para. 13 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

14 (1) Section 4 (temporary return) is amended as follows U.K.

(2) In subsection (1)—

(a) for “warrant under this Act” substitute “ warrant under section 1 ”;

(b) in paragraph (a), after “Kingdom” (in the second place it appears) insert “ , or from which responsibility for his detention and release has previously been transferred to the United Kingdom, ”;

(c) in paragraph (b), after “transferred” insert “ , or to which responsibility for his detention and release has previously been transferred, ”.

(3) In subsection (2)—

(a) for “a warrant under this Act” substitute “ a warrant under section 1 ”;

(b) for “earlier warrant under this Act” substitute “ earlier warrant under section 1 or section 4A ”.

(4) In subsection (3)—

(a) for “issued under this Act” substitute “ issued under section 1 ”;

(b) after “an earlier warrant” insert “ under section 1 or section 4A ”.

(5) In subsection (4) for “warrant under this Act” substitute “ warrant under section 1 ”.

(6) After subsection (5) insert—

“(6) Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).”.

Commencement Information

I425 Sch. 26 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

15 U.K. Before section 5 (operation of warrant and retaking prisoners) insert— “ Supplementary and general provisions ”.

Commencement Information

I426 Sch. 26 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

16 (1) Section 5 (operation of warrant and retaking prisoners) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “under this Act” substitute “ under section 1 ”; and

(b) after “this section” insert “ (apart from subsection (9)) ”.

(3) After subsection (8) insert—

“(9) Where—

(a) a warrant under section 4A has been issued, and

(b) the relevant person is a person to whom subsection (3) of that section applies,

subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).

(10) In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—

(a) any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;

(b) any reference to the prisoner were a reference to the relevant person;

(c) in subsection (4)—

(i) in paragraph (a) for “that person” there were substituted “ the authorised person ”; and

(ii) paragraph (b) were omitted; and

(d) in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “ transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers ”.”

Commencement Information

I427 Sch. 26 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

17 (1) Section 6 (revocation etc. of warrants) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “warrant under this Act” (in the first place they appear) substitute “ warrant under section 1 ”;

(b) in paragraph (b) for “this Act” substitute “ that section ”.

(3) After subsection (1) insert—

“(1A) Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—

(a) revoke that warrant; or

(b) revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.”

(4) In subsections (2) and (3) after “subsection (1)(b)” insert “ or (1A)(b) ”.

(5) In subsection (5)(a), for the words from “where” to the end substitute “in a case where—

(i) the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or

(ii) the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;”.

Commencement Information

I428 Sch. 26 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

18 (1) Section 8 is amended as follows. U.K.

(2) In subsection (1) after the definition of “the prisoner” insert “; and

“the relevant person” has the meaning given by section 4A(5)(b).”

(3) In subsection (3)—

(a) in paragraph (a) after “section 1(1)(a)” insert “ or 4A(5)(a) ”;

(b) in paragraph (b) for “such a party” substitute “ a party to such international arrangements as are mentioned in section 1(1)(a) ”;

(c) after paragraph (b) (but before the “or” after that paragraph) insert—

“(ba) that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,”.

Commencement Information

I429 Sch. 26 para. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

19 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows. U.K.

(2) For the cross-heading before paragraph 1 substitute— “ Part 1 Warrants under section 1 Application of Part 1 ”.

(3) In paragraph 1—

(a) at the beginning insert “ This Part of ”;

(b) after “under” insert “ section 1 of ”; and

(c) after “; and in” insert “ this Part of ”.

(4) In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)—

(a) in sub-paragraph (1A)(a) (which defines the enactments relating to release on licence) after “33(1)(b) insert “ , (1A) ”; and

(b) after sub-paragraph (2) insert—

“(2A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

(5) In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert—

“(3A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”

(6) After paragraph 8 insert—

“Part 2 U.K. Warrants under section 4A transferring responsibility to the relevant minister

9 This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10 Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11 Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12 (1) Any reference to the prisoner is to be read as a reference to the relevant person.

(2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13 In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14 The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”

Commencement Information

I430 Sch. 26 para. 19(1)(4) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i) (with art. 4)

I431 Sch. 26 para. 19(2)(3)(5)(6) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

Police and Criminal Evidence Act 1984 (c. 60) U.K.

20 (1) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)— U.K.

(a) after paragraph (a) (and before the word “and” immediately following it) insert—

“(aa) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998”; and

(b) in paragraph (b), for “of the Crime and Disorder Act 1998” substitute “ of that Act ”.

(2) In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “ or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 ”.

Commencement Information

I432 Sch. 26 para. 20 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(d)(2)

Criminal Justice Act 1987 (c. 38) U.K.

21 U.K. In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Commencement Information

I433 Sch. 26 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(h)

Criminal Justice Act 1988 (c. 33) U.K.

22 U.K. The Criminal Justice Act 1988 has effect subject to the following amendments.

Commencement Information

I434 Sch. 26 para. 22 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(i)

23 U.K. In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I435 Sch. 26 para. 23 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(i)

24 U.K. In section 160(1) (offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “ Subject to section 160A, ”.

Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) U.K.

25 U.K. In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “ , (2A) ”.

Football Spectators Act 1989 (c. 37) U.K.

26 U.K. In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—

(a) for “Part III” substitute “ Part 3 or 3A ”; and

(b) for “(racial hatred)” substitute “ (hatred by reference to race etc) ”.

Commencement Information

I436 Sch. 26 para. 26 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(j)

Criminal Justice (International Co-operation) Act 1990 (c. 5) U.K.

27 U.K. In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute “—

(b) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;

(c) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,”.

Commencement Information

I437 Sch. 26 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(k)

Broadcasting Act 1990 (c. 42) U.K.

28 (1) Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows. U.K.

(2) In subsection (4)(b), after “section 24” insert “ or 29H ”.

(3) In subsection (5)(b), after “section 22” insert “ or 29F ”.

Commencement Information

I438 Sch. 26 para. 28 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)

Criminal Justice Act 1991 (c. 53) U.K.

29 (1) The Criminal Justice Act 1991 is amended as follows. U.K.

(2) In section 43(5) (young offenders), for “under this Part” substitute “ under any provision of this Part other than section 33(1A) ”.

(3) In section 44(6) (disapplication of certain provisions for prisoners serving extended sentences) for “section 46” substitute “ section 46(2) ”.

(4) In section 46(3) (definition of persons liable to removal from the United Kingdom) after “for the purposes of this section” insert “ and the following provisions of this Part ”.

(5) In section 46B(5) (re-entry into United Kingdom of offender removed early from prison), after “subsections (1)” insert “ , (1A) ”.

(6) In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)—

(a) for “references in paragraph 3 to a day centre were references to” substitute “ in paragraph 3 “day centre” meant ”, and

(b) at the end insert “ or an attendance centre provided under section 221 of that Act ”.

(7) Sub-paragraph (6) extends to England and Wales and Northern Ireland only.

Commencement Information

I439 Sch. 26 para. 29(1)(2)(5) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(ii)

I440 Sch. 26 para. 29(3)(4)(6)(7) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 18(b)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) U.K.

30 U.K. In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—

“(4A) The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

(4B) Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.”

Commencement Information

I441 Sch. 26 para. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(m)

Crime (Sentences) Act 1997 (c. 43) U.K.

31 U.K. The Crime (Sentences) Act 1997 has effect subject to the following amendments.

Commencement Information

I442 Sch. 26 para. 31 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)

32 (1) Schedule 1 (transfer of prisoners within the British Islands) is amended as follows. U.K.

(2) In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

(3) In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

(4) Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.

(5) In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

(6) In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

(7) Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.

Commencement Information

I443 Sch. 26 para. 32 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)

33 (1) Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows. U.K.

(2) In paragraph 2(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “ , (1A), ”.

(3) In paragraph 3(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “ , (1A), ”.

(4) In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—

“(c) prisoners detained in Scotland in pursuance of warrants which—

(i) are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and

(ii) relate to sentences that were imposed before 1 October 1993.”

Commencement Information

I444 Sch. 26 para. 33(1)-(3) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)

I445 Sch. 26 para. 33(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)

Crime and Disorder Act 1998 (c. 37) U.K.

34 (1) Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows. U.K.

(2) After paragraph (a) insert—

“(aa) the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;”.

(3) After paragraph (b) insert—

“(ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;

(bb) the supervision and rehabilitation of persons to whom such cautions are given;”.

Commencement Information

I446 Sch. 26 para. 34(1)(2) in force at 16.11.2009 by S.I. 2009/2780, art. 2(3)

I447 Sch. 26 para. 34(3) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(d)(2)

Youth Justice and Criminal Evidence Act 1999 (c. 23) U.K.

35 U.K. The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.

36 (1) Section 35 (child complainants and other child witnesses) is amended as follows. U.K.

(2) In subsection (3) (offences to which section applies), in paragraph (a)—

(a) before sub-paragraph (v) insert—

“(iva) any of sections 33 to 36 of the Sexual Offences Act 1956,”; and

(b) in sub-paragraph (vi), at end insert “ or any relevant superseded enactment ”.

(3) After that subsection insert—

“(3A) In subsection (3)(a)(vi) “relevant superseded enactment” means—

(a) any of sections 1 to 32 of the Sexual Offences Act 1956;

(b) the Indecency with Children Act 1960;

(c) the Sexual Offences Act 1967;

(d) section 54 of the Criminal Law Act 1977.”

37 (1) Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows. U.K.

(2) In subsection (1) at end insert “ or any relevant superseded offence ”.

(3) After that subsection insert—

“(1A) In subsection (1) “relevant superseded offence” means—

(a) rape or burglary with intent to rape;

(b) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).”

38 U.K. The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.

39 U.K. Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) U.K.

40 U.K. The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

Commencement Information

I448 Sch. 26 para. 40 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iv)

I449 Sch. 26 para. 40 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(f)

41 U.K. In section 12 (absolute and conditional discharge), in subsection (1) for “section 225, 226, 227 or 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I450 Sch. 26 para. 41 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

42 U.K. In section 24(5)(a) (first meeting: duration of contract), after “under paragraph” insert “ 9ZD, ”.

Commencement Information

I451 Sch. 26 para. 42 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(f)

43 U.K. In section 28(a) (offender etc. referred back to court), for “Part I” substitute “ Parts 1 and 1ZA ”.

Commencement Information

I452 Sch. 26 para. 43 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(f)

44 U.K. In section 92 (detention under sections 90 and 91: place of detention etc.) omit subsection (3).

Commencement Information

I453 Sch. 26 para. 44 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

45 U.K. In section 116 (power to order return to prison where offence committed during original sentence)—

(a) in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991 (early release of prisoners)” substitute “ under any provision of Part 2 of the Criminal Justice Act 1991 (early release of prisoners) other than section 33(1A) ”, and

(b) in subsection (7), for “section 84 above” substitute “ section 265 of the Criminal Justice Act 2003 (restriction on consecutive sentences for released prisoners) ”.

Commencement Information

I454 Sch. 26 para. 45(a) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iv)

I455 Sch. 26 para. 45(b) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

46 U.K. In section 130 (compensation orders), in subsection (2) for “section 225, 226, 227 or 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I456 Sch. 26 para. 46 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

47 U.K. In section 146 (driving disqualification for any offence), in subsection (2) for “section 225, 226, 227 or 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I457 Sch. 26 para. 47 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

48 U.K. In section 164 (further interpretative provisions), in subsection (3)(c) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I458 Sch. 26 para. 48 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)

49 (1) Schedule 1 (youth offender panels: further court proceedings) is amended as follows. U.K.

(2) In the heading for Part 1, at the end insert “ : REVOCATION OF REFERRAL ORDER ”.

(3) In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “ 9ZD, ”.

Commencement Information

I459 Sch. 26 para. 49 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(f)

Prospective

Criminal Justice and Court Services Act 2000 (c. 43) U.K.

50 U.K. In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—

(a) in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and

(b) in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2) U.K.

51 U.K. In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—

“(6) The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”

Commencement Information

I460 Sch. 26 para. 51 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(p)

Crime (International Co-operation) Act 2003 (c. 32) U.K.

52 U.K. In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute “—

(a) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;

(b) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.”

Commencement Information

I461 Sch. 26 para. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)

Sexual Offences Act 2003 (c. 42) U.K.

53 U.K. The Sexual Offences Act 2003 has effect subject to the following amendments.

Commencement Information

I462 Sch. 26 para. 53 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

54 (1) In section 83(6)(a) (notification requirements: initial notification) after “court” insert “ or kept in service custody ”. U.K.

(2) This paragraph extends to England and Wales and Northern Ireland only.

Commencement Information

I463 Sch. 26 para. 54 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)

55 (1) In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “ or kept in service custody ”. U.K.

(2) This paragraph extends to England and Wales and Northern Ireland only.

Commencement Information

I464 Sch. 26 para. 55 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)

56 (1) Section 133 (interpretation) is amended as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “ (or, in Northern Ireland, cautioned by a police officer) ”;

(b) at the appropriate place insert—

““kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));”.

(3) After subsection (2) insert—

“(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”

(4) This paragraph extends to England and Wales and Northern Ireland only.

Commencement Information

I465 Sch. 26 para. 56(1)(2)(a)(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

I466 Sch. 26 para. 56(2)(b)(3) in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)

57 (1) In section 138 (orders and regulations), at the end insert— U.K.

“(4) Orders or regulations made by the Secretary of State under this Act may—

(a) make different provision for different purposes;

(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”

(2) The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.

Commencement Information

I467 Sch. 26 para. 57 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)

58 (1) Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows. U.K.

(2) After paragraph 35 insert—

“35A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

(3) After paragraph 92 insert—

“92A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a) was 18 or over, and

(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

(4) In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “ 35A ”.

(5) This paragraph extends to England and Wales and Northern Ireland only.

Commencement Information

I468 Sch. 26 para. 58 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(j)

Criminal Justice Act 2003 (c. 44) U.K.

59 U.K. The Criminal Justice Act 2003 has effect subject to the following amendments.

Commencement Information

I469 Sch. 26 para. 59 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

I470 Sch. 26 para. 59 in force at 8.7.2009 for specified purposes by S.I. 2009/1678, arts. 2(b)(i), 3(b)(i)

60 (1) Section 23A (financial penalties) is amended as follows. U.K.

(2) In subsection (5), for paragraphs (b) and (c) substitute—

“(b) the person to whom the financial penalty is to be paid and how it may be paid.”

(3) In subsection (6), for “to the specified officer” substitute “ in accordance with the provision specified under subsection (5)(b). ”

(4) After subsection (6) insert—

“(6A) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.”

(5) Omit subsections (7) to (9).

Commencement Information

I471 Sch. 26 para. 60 in force at 8.7.2009 by S.I. 2009/1678, art. 3(b)(ii)

61 U.K. After section 23A insert—

“23B Variation of conditions

A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a conditional caution by—

(a) modifying or omitting any of the conditions;

(b) adding a condition.”

Commencement Information

I472 Sch. 26 para. 61 in force at 8.7.2009 by S.I. 2009/1678, art. 2(b)(ii)

62 U.K. In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—

“(ga) the provision which may be made by a relevant prosecutor under section 23A(5)(b),”.

Commencement Information

I473 Sch. 26 para. 62 in force at 8.7.2009 by S.I. 2009/1678, art. 3(b)(ii)

63 U.K. In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—

“(za) Saturday,”.

Commencement Information

I474 Sch. 26 para. 63 in force at 15.7.2008 by S.I. 2008/1586, art. 2(2)

64 U.K. In section 142 (purposes of sentencing), in subsection (2)(c) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I475 Sch. 26 para. 64 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

65 U.K. In section 150 (circumstances in which community sentence not available), in paragraph (d) for “any of sections 225 to 228” to the end substitute “ section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life) ”.

Commencement Information

I476 Sch. 26 para. 65 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

66 U.K. In section 152 (general restrictions on imposing custodial sentences), in subsection (1)(b) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I477 Sch. 26 para. 66 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

67 U.K. In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), omit “falling to be”.

Commencement Information

I478 Sch. 26 para. 67 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

68 U.K. In section 163 (general power of Crown Court to fine) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Commencement Information

I479 Sch. 26 para. 68 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

69 U.K. In section 224 (meaning of “specified offence” etc), in subsection (3) the definition of relevant offence is omitted.

Commencement Information

I480 Sch. 26 para. 69 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

70 U.K. Section 233 (offences under service law) is omitted.

Commencement Information

I481 Sch. 26 para. 70 in force at 23.3.2010 by S.I. 2010/712, art. 2(e)

71 U.K. In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “ one-half of ”.

Commencement Information

I482 Sch. 26 para. 71 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) (with Sch. 2 para. 2)

72 U.K. In section 305 (interpretation of Part 12), in subsection (4)—

(a) for paragraphs (c) and (d) substitute—

“(c) a sentence falls to be imposed under subsection (2) of section 225 if the court is obliged to pass a sentence of imprisonment for life under that subsection;

(d) a sentence falls to be imposed under subsection (2) of section 226 if the court is obliged to pass a sentence of detention for life under that subsection;”, and

(b) paragraph (e) is omitted.

Commencement Information

I483 Sch. 26 para. 72 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

73 U.K. In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—

“(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”

Commencement Information

I484 Sch. 26 para. 73 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

74 (1) Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows. U.K.

(2) In subsection (8), for “section 326” substitute “ sections 326 and 327A ”.

(3) After that subsection insert—

“(8A) Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.”

Commencement Information

I485 Sch. 26 para. 74 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

75 U.K. In section 326(5)(a) (review of arrangements), for “and this section” substitute “ , this section and section 327A ”.

Commencement Information

I486 Sch. 26 para. 75 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

76 U.K. In section 330(5)(a) (orders subject to the affirmative procedure) after “section 223,” insert—

“section 227(6),

section 228(7)”.

Commencement Information

I487 Sch. 26 para. 76 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

77 U.K. In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) U.K.

78 U.K. In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “ sections 244 to 264 and 266 to 268 ”.

Commencement Information

I488 Sch. 26 para. 78 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(s)

Terrorism Act 2006 (c. 11) U.K.

79 (1) Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows. U.K.

(2) In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “ or nuclear facilities ”.

(3) In paragraph 6(1), after “section 1(1)” insert “ (a) to (d) ”.

(4) For paragraph 6(2) and (3) substitute—

“(2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—

(a) is directed at a nuclear facility or interferes with the operation of such a facility, and

(b) causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

(3) An offence under any of the following provisions of that Act—

(a) section 1B (offences relating to damage to environment);

(b) section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);

(c) section 2 (offences involving preparatory acts and threats).

(4) Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.”

(5) After paragraph 6 insert—

“6A (1) Any of the following offences under the Customs and Excise Management Act 1979—

(a) an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;

(b) an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;

(c) an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.

(2) In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”

Commencement Information

I489 Sch. 26 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(s)

Natural Environment and Rural Communities Act 2006 (c. 16) U.K.

80 U.K. In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—

“(da) section 19XB(1) and (4) (offences in connection with enforcement powers);”.

Commencement Information

I490 Sch. 26 para. 80 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(t)

Police and Justice Act 2006 (c. 48) U.K.

81 (1) The Police and Justice Act 2006 is amended as follows. U.K.

(2) In subsection (1) of section 49 (orders and regulations)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (c) and the “or” preceding it.

(3) In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).

Commencement Information

I491 Sch. 26 para. 81 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(u)

Armed Forces Act 2006 (c. 52) U.K.

82 (1) The Armed Forces Act 2006 has effect subject to the following amendments. U.K.

(2) In paragraph 12(ah) of Schedule 2 (offences)—

(a) for “and 18 to 23” substitute “ , 18 to 23 and 29B to 29G ”, and

(b) for “racial or religious hatred” substitute “ hatred by reference to race etc ”.

(3) In paragraph 1(2) of Schedule 5 (service community orders: general)—

(a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and

(b) after “21” insert “ , 25A ”.

(4) In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—

(a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and

(b) for “and 23(1)(a)(ii)” substitute “ , 23(1)(a)(ii) and 25A ”.

Commencement Information

I492 Sch. 26 para. 82 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)

Offender Management Act 2007 (c. 21) U.K.

83 U.K. In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—

(a) in subsection (1)(b) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and

(b) in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

Commencement Information

I493 Sch. 26 para. 83 in force at 1.4.2010 by S.I. 2010/712, art. 3(b)

Section 148

SCHEDULE 27 U.K. Transitory, transitional and saving provisions

Part 1 U.K. Youth justice

Abolition of certain youth orders and related amendments U.K.

1 (1) Section 1, subsections (1) and (2) of section 6, the amendments in Part 1 of Schedule 4 and the repeals and revocations in Part 1 of Schedule 28 do not have effect in relation to— U.K.

(a) any offence committed before they come into force, or

(b) any failure to comply with an order made in respect of an offence committed before they come into force.

(2) So far as an amendment in Part 2 of Schedule 4 relates to any of the following orders, the amendment has effect in relation to orders made before, as well as after, the amendment comes into force—

(a) a referral order made under the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

(b) a reparation order made under that Act;

(c) a community order made under section 177 of the Criminal Justice Act 2003 (c. 44).

Commencement Information

I494 Sch. 27 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Reparation orders U.K.

2 (1) Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 108(1) to (5) of Schedule 4 (reparation orders: court before which offender to appear or be brought) come into force before the amendments of Schedule 8 to that Act made by paragraph 62 of that Schedule. U.K.

(2) After paragraph 108(1) to (5) of Schedule 4 comes into force, and until paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

(a) in sub-paragraph (5)(a) and (c), for “the appropriate court” there were substituted “ a youth court ”, and

(b) in sub-paragraph (6), for “appropriate” there were substituted “ youth ”.

(3) Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 62 of Schedule 4 come into force before the amendments of Schedule 8 to that Act made by paragraph 108(1) to (5) of that Schedule (reparation orders: court before which offender to appear or be brought).

(4) After paragraph 62 of Schedule 4 comes into force, and until paragraph 108(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

(a) for “an action plan order or” there were substituted “ a ”, and

(b) the words “69(8) or, as the case may be,” were omitted.

Commencement Information

I495 Sch. 27 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Making of youth rehabilitation orders: other existing orders U.K.

3 U.K. In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Commencement Information

I496 Sch. 27 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Instructions: other existing orders U.K.

4 U.K. In section 5(3)(c) (instructions not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Commencement Information

I497 Sch. 27 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Fine default: section 35 of the Crime (Sentences) Act 1997 U.K.

5 U.K. The amendments, repeals and revocations in section 6, Schedule 4 and Part 1 of Schedule 28 of provisions which are necessary to give effect to section 35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have effect in relation to a sum ordered to be paid where—

(a) the sum is treated as adjudged to be paid on conviction, and

(b) the act or omission to which the sum relates occurred, or the order was made, before the commencement of those repeals and amendments.

Commencement Information

I498 Sch. 27 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Restrictions on imposing community sentences U.K.

6 U.K. In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions on imposing community sentences), as inserted by section 10 of this Act, the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Commencement Information

I499 Sch. 27 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

I500 Sch. 27 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Attendance centre rules U.K.

7 U.K. The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003 includes a reference to rules made, or having effect as if made, before the coming into force of that section under section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and management of attendance centres).

Commencement Information

I501 Sch. 27 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)

Part 2 U.K. Sentencing

Release and recall of prisoners U.K.

8 U.K. Nothing in the amendments made by section 26 affects the operation of Part 2 of the Criminal Justice Act 1991 (c. 53) in relation to a long-term prisoner within the meaning of that Part who (for the purposes of that Part) has served one-half of his sentence before the commencement of that section.

Commencement Information

I502 Sch. 27 para. 8 in force at 9.6.2008 by S.I. 2008/1466, art. 2(d)

9 U.K. Section 33(1A) of the Criminal Justice Act 1991 (c. 53) (which is inserted by section 26(2)) does not apply to a long-term prisoner serving a sentence (for one or more offences committed before 4th April 2005) by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 (c. 47) if—

(a) the warrant was issued before the commencement of section 26(2); and

(b) the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003 (c. 44).

Commencement Information

I503 Sch. 27 para. 9 in force at 9.6.2008 by S.I. 2008/1466, art. 2(d)

10 U.K. The amendments made by subsections (3) and (5) of section 28 do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 before the commencement of section 28.

Commencement Information

I504 Sch. 27 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

11 U.K. In section 255A and 255C of the Criminal Justice Act 2003 (which are inserted by section 29) “specified offence prisoner” is to be read as including a prisoner serving a determinate sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 if—

(a) the warrant was issued before the commencement of section 29; and

(b) the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003.

Commencement Information

I505 Sch. 27 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

12 U.K. The amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 on or after the commencement of section 32 but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991.

Commencement Information

I506 Sch. 27 para. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Fine defaulters U.K.

13 (1) Section 39 and Schedule 7 do not apply— U.K.

(a) in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or

(b) where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.

(2) Section 40 and paragraph 2(4) and (6) of Schedule 26 do not apply—

(a) in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or

(b) where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.

Commencement Information

I507 Sch. 27 para. 13(2) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Part 3 U.K. Appeals

Appeals against conviction etc. U.K.

14 U.K. The amendment made by section 42 applies in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.

Commencement Information

I508 Sch. 27 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

15 U.K. The amendment made by section 43 applies in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.

Commencement Information

I509 Sch. 27 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Prosecution appeals U.K.

16 (1) The amendment made by section 44 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force. U.K.

(2) For the purposes of this paragraph, the proceedings on appeal begin—

(a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is served on the Crown Court officer or, in the case of an oral application, on the date the application is made, or

(b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer.

(3) In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).

Commencement Information

I510 Sch. 27 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

17 (1) The amendment made by section 45 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force. U.K.

(2) For the purposes of this paragraph, the proceedings on appeal begin—

(a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is made,

(b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer, or

(c) if leave to appeal is not required, on the date the prosecution informs the Crown Court judge that it intends to appeal.

(3) In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).

Commencement Information

I511 Sch. 27 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Part 4 U.K. Other criminal justice provisions

Alternatives to prosecution for offenders under 18 U.K.

18 U.K. The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.

Commencement Information

I512 Sch. 27 para. 18 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(e)(2)

Protection for spent cautions under Rehabilitation of Offenders Act 1974 U.K.

19 (1) Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c. 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date. U.K.

(2) A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8).

(3) A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date.

(4) If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies.

(5) If the period of three months from the date on which a conditional caution was given ends after the commencement date, the caution shall be regarded as a spent caution at the end of that period of three months unless sub-paragraph (7) applies.

(6) Sub-paragraph (7) applies if—

(a) before the date on which the caution would be regarded as a spent caution in accordance with sub-paragraph (4) or (5) (“the relevant date”), the person concerned is convicted of the offence in respect of which the caution was given, and

(b) the rehabilitation period for the offence ends after the relevant date.

(7) The caution shall be regarded as a spent caution at the end of the rehabilitation period for the offence.

(8) If, on or after the date on which the caution becomes regarded as a spent caution in accordance with sub-paragraph (4) or (5), the person concerned is convicted of the offence in respect of which the caution was given—

(a) the caution shall be treated for the purposes of Schedule 2 to the 1974 Act as not having become spent in relation to any period before the end of the rehabilitation period for the offence, and

(b) the caution shall be regarded as a spent caution at the end of that rehabilitation period.

(9) In this paragraph, “the commencement date” means the date on which section 49 comes into force.

Commencement Information

I513 Sch. 27 para. 19 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(e)

20 U.K. In the application of subsection (7) of section 9A of the Rehabilitation of Offenders Act 1974 (as inserted by paragraph 4 of Schedule 10) to offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a reference to 6 months.

Commencement Information

I514 Sch. 27 para. 20 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(e)

Extension of powers of non-legal staff U.K.

21 U.K. A designation made under section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) which has effect immediately before the date on which section 55 comes into force continues to have effect on and after that date as if made under section 7A as amended by that section.

Commencement Information

I515 Sch. 27 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Compensation for miscarriages of justice U.K.

22 (1) Section 61(3) has effect in relation to any application for compensation made in relation to— U.K.

(a) a conviction which is reversed, and

(b) a pardon which is given,

on or after the commencement date.

(2) Section 61(4), (6) and (7) have effect in relation to—

(a) any application for compensation made on or after the commencement date, and

(b) any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 133(3) of the 1988 Act.

(3) Section 61(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.

(4) Section 61(5) so has effect whether a conviction was quashed before, on or after the commencement date.

(5) In the case of—

(a) a conviction which is reversed, or

(b) a pardon which is given,

before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.

(6) But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

(7) In this paragraph—

• “the 1988 Act” means the Criminal Justice Act 1988 (c. 33);

• “application for compensation” means an application for compensation made under section 133(2) of the 1988 Act;

• “the commencement date” means the date on which section 61 comes into force;

• “reversed” has the same meaning as in section 133 of the 1988 Act (as amended by section 61(5)).

Commencement Information

I516 Sch. 27 para. 22 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(j)

Part 5 U.K. Criminal law

Penalties for possession of extreme pornographic images U.K.

23 U.K. In section 67(4)(a) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).

Commencement Information

I517 Sch. 27 para. 23 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)

Indecent photographs of children U.K.

24 (1) Section 69(3) applies in relation to things done as mentioned in— U.K.

(a) section 1(1) of the Protection of Children Act 1978 (c. 37) (offences relating to indecent photographs of children), or

(b) section 160(1) of the Criminal Justice Act 1988 (c. 33) (offence of possession of indecent photographs of children),

after the commencement of section 69.

(2) Section 70(3) applies in relation to things done as mentioned in—

(a) Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent photographs of children), or

(b) Article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession of indecent photographs of children),

after the commencement of section 70.

Maximum penalty for publication etc. of obscene articles U.K.

25 U.K. Section 71 does not apply to offences committed before the commencement of that section.

Commencement Information

I518 Sch. 27 para. 25 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)

Offences relating to nuclear material and nuclear facilities U.K.

26 U.K. The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.

Commencement Information

I519 Sch. 27 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(ii)

Reasonable force for purposes of self-defence etc. U.K.

27 (1) Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force. U.K.

(2) But that section does not apply in relation to—

(a) any trial on indictment where the arraignment took place before that date, or

(b) any summary trial which began before that date,

or in relation to any proceedings in respect of any trial within paragraph (a) or (b).

(3) Where the alleged offence is a service offence, that section similarly does not apply in relation to—

(a) any proceedings before a court where the arraignment took place before that date, or

(b) any summary proceedings which began before that date,

or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).

(4) For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.

(5) In this paragraph—

• “service offence” means—

  (a)

  any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or

  (b)

  any offence under Part 1 of the Armed Forces Act 2006 (c. 52);

• “summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.

Commencement Information

I520 Sch. 27 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Prospective

Unlawfully obtaining etc. personal data: defences U.K.

28 U.K. The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.

Part 6 U.K. International co-operation in relation to criminal justice matters

Mutual recognition of financial penalties U.K.

29 (1) The amendments made by subsection (1) of section 80, and subsection (2) of that section, do not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force. U.K.

(2) Section 82 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force.

(3) Section 84 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force.

(4) Section 87 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force.

Commencement Information

I521 Sch. 27 para. 29 in force at 1.10.2009 by S.I. 2009/2606, art. 2(s)

Repatriation of prisoners U.K.

30 U.K. The amendment made by section 93 does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.

Commencement Information

I522 Sch. 27 para. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Part 7 U.K. Violent offender orders

Penalties for offences U.K.

31 U.K. In section 113(7)(a) in its application in relation to England and Wales the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).

Commencement Information

I523 Sch. 27 para. 31 in force at 3.8.2009 by S.I. 2009/1842, art. 2(v)

Service custody and detention U.K.

32 (1) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)— U.K.

(a) the definition of “kept in service custody” in section 117(1) of this Act does not apply; and

(b) any reference in Part 7 to being kept in service custody is to be read as a reference to being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 47G(2) of the Naval Discipline Act 1957 (c. 53) (as the case may be).

(2) In relation to any time before the commencement of the definition of “service detention” in section 374 of the Armed Forces Act 2006—

(a) the definition of “service detention” in section 117(1) of this Act does not apply; and

(b) any reference in Part 7 to service detention is to be read as a reference to detention under section 71(1)(e) of the Army Act 1955 or of the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.

Commencement Information

I524 Sch. 27 para. 32 in force at 3.8.2009 by S.I. 2009/1842, art. 2(v)

Part 8 U.K. Anti-social behaviour

Review of anti-social behaviour orders etc. U.K.

33 (1) The amendments made by section 123 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day. U.K.

(2) In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Commencement Information

I525 Sch. 27 para. 33 in force at 1.2.2009 by S.I. 2009/140, art. 2(f)

Individual support orders U.K.

34 (1) The amendments made by section 124 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day. U.K.

(2) In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Commencement Information

I526 Sch. 27 para. 34 in force at 1.2.2009 by S.I. 2009/140, art. 2(f)

Part 9 U.K. Police

Police misconduct and performance procedures U.K.

35 (1) This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 22 come into force before the relevant provisions of the Legal Services Act 2007 (c. 29) come into force. U.K.

(2) Until the relevant provisions of the Legal Services Act 2007 come into force—

(a) section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph 7 of that Schedule and as referred to in the subsection (4) of section 85 of that Act substituted by paragraph 8(3) of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—

““relevant lawyer” means counsel or a solicitor;”; and

(b) section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as substituted by paragraph 15 of that Schedule and as referred to in subsection (7) of the section 4A of that Act substituted by paragraph 16 of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—

““relevant lawyer” means counsel or a solicitor;”.

(3) In this paragraph “the relevant provisions of the Legal Services Act 2007” means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Commencement Information

I527 Sch. 27 para. 35(1)(2)(a)(3) in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(j)

I528 Sch. 27 para. 35(2)(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(iii)

Prospective

Part 10 U.K. Special immigration status

Conditions on designated persons U.K.

36 U.K. In the application of section 133 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in section 133(6)(b) to 51 weeks is to be read as a reference to six months.

Part 11 U.K. Miscellaneous

Persistent sales of tobacco to persons under 18 U.K.

37 U.K. The new sections 12A and 12B inserted into the Children and Young Persons Act 1933 (c. 12) by section 143 do not apply where any of the offences mentioned in those new sections were committed before the commencement of that section.

Commencement Information

I529 Sch. 27 para. 37 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(i)

Sexual offences U.K.

38 U.K. The amendment made by sub-paragraph (1) of paragraph 57 of Schedule 26 is not to be read as affecting the validity of any supplementary, incidental, consequential, transitional, transitory or saving provisions included in orders or regulations made by the Secretary of State under the Sexual Offences Act 2003 (c. 42) before the commencement of that sub-paragraph.

Commencement Information

I530 Sch. 27 para. 38 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49

Section 149

SCHEDULE 28 U.K. Repeals and revocations

Part 1 U.K. Youth rehabilitation orders

Commencement Information

I531 Sch. 28 Pt. 1 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(u)

Title	Extent of repeal or revocation
Children and Young Persons Act 1933 (c. 12)	In section 34(7), the words “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”. In section 49— (a) in subsection (4A), paragraph (d) (but not the word “and” immediately following it); (b) in subsection (13)(c), sub-paragraph (i) together with the word “and” immediately following it.
Social Work (Scotland) Act 1968 (c. 49)	In section 94(1), in the definition of “supervision order”, the words “the Powers of Criminal Courts (Sentencing) Act 2000 or”.
Children and Young Persons Act 1969 (c. 54)	Section 25. In section 70(1), the definition of “supervision order”.
Northern Ireland (Modification of Enactments — No. 1) Order 1973 (S.I. 1973/2163)	In Schedule 1, the entry relating to section 25(2) of the Children and Young Persons Act 1969.
Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. 1973 No. 256)	In Schedule 2, the entry relating to section 25 of the Children and Young Persons Act 1969.
Bail Act 1976 (c. 63)	In section 4(3), the words “to be dealt with”.
Magistrates' Courts Act 1980 (c. 43)	In Schedule 6A, the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)	In section 14, the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).
Criminal Justice Act 1982 (c. 48)	In Schedule 13— (a) in paragraph 7(2)(b), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”; (b) in paragraph 7(3)(b), the words “within the meaning of Part 12 of the Criminal Justice Act 2003”; (c) in paragraph 9(3)(a), the words “under section 177 of the Criminal Justice Act 2003”; (d) in paragraph 9(4)(a), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”; (e) in paragraph 9(5), the words “(within the meaning of the Part 12 of the Criminal Justice Act 2003)”; (f) in paragraph 9(6), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”. In Schedule 14, paragraph 60.
Mental Health Act 1983 (c. 20)	In section 37(8)(c), the words “a supervision order (within the meaning of that Act) or”.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)	In Schedule 2, paragraphs 15(b) and 16.
Children Act 1989 (c. 41)	In section 21(2)(c), in sub-paragraph (i), the words “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and the word “or” at the end of that sub-paragraph. In section 105(6), in paragraph (b), the words from “or an” to the end of that paragraph. In Schedule 13, paragraph 35(3).
Criminal Justice Act 1991 (c. 53)	In paragraph 11 of Schedule 3— (a) in sub-paragraph (2)(a), the words “under section 177 of the Criminal Justice Act 2003”; (b) in sub-paragraph (4), the words “under section 177 of the Criminal Justice Act 2003”. In Schedule 11, paragraph 3.
Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/ 2032)	In regulation 8(1)— (a) sub-paragraph (a)(ii); (b) sub-paragraph (b)(i), (ii), (iv) and (v); (c) sub-paragraph (c)(ii) and (iii).
Prisoners (Return to Custody) Act 1995 (c. 16)	Section 2(2).
Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/ 756)	Article 7(2) and (3).
Crime and Disorder Act 1998 (c. 37)	In section 38(4)— (a) paragraph (g); (b) in paragraph (h), the words “or a supervision order”. In Schedule 8, paragraph 13(1).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	Chapters 1, 2, 4 and 5 of Part 4. In section 74(3)(a), the words “or with the requirements of any community order or any youth community order to which he may be subject”. In section 75, the words “action plan orders and” and “so far as relating to reparation orders”. In section 137(2)— (a) paragraphs (a) to (c); (b) in paragraph (d), the words “action plan order or”. In section 159, the words “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”, “paragraph 1(1) of Schedule 5 to this Act,” and “paragraph 7(2) of Schedule 7 to this Act, or”. In section 160— (a) F57 ... (b) in subsection (3)(a), “40(2)(a)”; (c) F57 ... In section 163, the definitions of— (a) “action plan order”; (b) “affected person”; (c) “attendance centre”; (d) “attendance centre order”; (e) “community sentence”; (f) “curfew order”; (g) “exclusion order”; (h) “supervision order”; (i) “supervisor”; (j) “youth community order”; and paragraphs (a), (aa) and (f) of the definition of “responsible officer”. Schedules 3 and 5 to 7. In Schedule 8— (a) in the heading, the words “action plan orders and”; (b) paragraph 1 and the heading preceding that paragraph; (c) in the cross-heading before paragraph 2, the words “action plan order or”; (d) in paragraph 2— (i) in sub-paragraph (2), in paragraph (a), sub-paragraphs (ii) and (iii) and in paragraphs (b) and (c) the words “action plan order or”; (ii) in sub-paragraphs (5) and (7), the words “action plan order or”; (iii) in sub-paragraph (8), the words “or action plan order” in both places; (d) paragraphs 3 and 4; (e) in the cross-heading before paragraph 5, the words “action plan order or”; (f) in paragraph 5(1)(a), the words “action plan order or”; (g) in paragraph 6(9)(a), (b) and (c), the words “action plan order or”. In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4), 28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b), 127, 129, 131 and 132. In Schedule 10, paragraphs 4 to 6 and 12 to 15. In Schedule 11, paragraphs 4(1)(a), (2) and (3) and 5.
Care Standards Act 2000 (c. 14)	In Schedule 4, paragraph 28(3).
Criminal Justice and Court Services Act 2000 (c. 43)	Section 46. Section 52. Section 70(5). In Schedule 7— (a) in paragraph 4(2), in the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000, the entries beginning “sections 63(1)(b)” and “in section 69”; (b) paragraphs 37(b), 69, 163, 164, 174, 175 and 192; (c) in paragraph 196, paragraphs (a), (b), (c)(i) and (iii) and (d); (d) in paragraph 197— (i) paragraph (a); (ii) paragraph (d); (iii) in paragraph (f), the definitions of “affected person” and “exclusion order”; (iv) paragraph (g)(i); (e) paragraphs 201, 202(2) and 204.
Anti-social Behaviour Act 2003 (c. 38)	Section 88. Schedule 2.
Criminal Justice Act 2003 (c. 44)	In section 147, subsections (1)(b) and (2). In section 148— (a) in subsection (2), the words “which consists of or includes a community order”; (b) subsection (3). In section 156(2), “or (3)(a)”. In section 161— (a) in subsection (1), the words “aged 14 or over”; (b) subsection (7). In section 176, the definition of “youth community order”. In section 197(1)(b), the words “the offender is aged 18 or over and”. Section 199(4). Section 211(5). In section 221(2), paragraph (b) together with the word “or” immediately preceding it. Section 279. In section 330(5)(a), the entry relating to section 161(7). In Schedule 8, paragraphs 12, 15 and 17(5). Schedule 24. In Schedule 32, paragraphs 2(2), 8(2)(a), 14, 64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to 105, 106(2), 107, 122, 123(3), (5) and (8), 125, 127, 128, 129, 131(3) and 138.

Textual Amendments

F57 Sch. 28 Pt. 1 entries repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

Part 2 U.K. Sentencing

Commencement Information

I532 Sch. 28 Pt. 2 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 para. 2)

I533 Sch. 28 Pt. 2 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(2)

I534 Sch. 28 Pt. 2 in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(g)

I535 Sch. 28 Pt. 2 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(j)

I536 Sch. 28 Pt. 2 in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(f)

Title	Extent of repeal or revocation
Criminal Justice Act 1991 (c. 53)	In section 45— (a) in subsection (3), subsection (2) of the substituted text, and (b) subsection (4). Section 46(1). In section 46A— (a) in subsection (1), the words “Subject to subsection (2) below,”; (b) subsection (2); (c) subsection (8). In section 50(2), the words from “but nothing” to the end.
Crime (Sentences) Act 1997 (c. 43)	In section 31(1), “(1) or (2)”. In Schedule 5, in paragraph 7, the words “the corresponding subsection of”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In section 17— (a) in subsection (1), paragraph (c) together with the word “and” immediately preceding it; (b) subsection (5). Section 92(3).
Criminal Justice Act 2003 (c. 44)	In section 142(2)(a), the words “at the time of conviction”. In section 153(1), the words “falling to be”. In section 224(3), the definition of “relevant offence”. In section 227(1)(a), the words “, other than a serious offence,”. In section 228— (a) in subsection (1)(b)(ii), the words from “or by section 226(3)” to the end, and (b) subsection (3)(a) and the word “and” immediately following it. In section 229— (a) in subsection (2) the words from the beginning to “18”, and (b) subsections (3) and (4). Sections 233 and 234. In section 247— (a) in subsection (2), the word “and” (at the end of paragraph (a)) and paragraph (b), and (b) subsections (3), (4), (5) and (6). Section 254(3) to (5). In section 256— (a) in subsection (2), the words “or (b)”; (b) subsections (3) and (5). In section 260— (a) subsections (3) and (3A); (b) in subsection (6), in paragraph (a), the words “or (3)(e)” and paragraph (b). In section 264A(3), the words from “and none” to the end. In section 300— (a) in subsection (1), paragraph (b) together with the word “or” immediately preceding it; (b) in subsection (2)— (a) the words from “or, as the case may be” to “young offender)”; (b) the word “or” at the end of paragraph (a). Section 305(4)(e). Schedules 16 and 17. In Schedule 31, in paragraph 4(5)(a), “, (5)”.
Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605)	Regulation 2(2) and (3).
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950	Paragraph 30 of Schedule 2.
Armed Forces Act 2006 (c. 52)	In section 221— (a) in subsection (3)(a) and (b) the words “in section 226(2)”, and (b) subsection (4). In section 223(3), the words “to (4)”. In section 270— (a) subsection (7), and (b) in subsection (8), the word “Accordingly”. In Schedule 16, paragraphs 218 and 225.

Part 3 U.K. Appeals

Commencement Information

I537 Sch. 28 Pt. 3 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 paras. 4-6, 9)

Title	Extent of repeal
Criminal Appeal Act 1968 (c. 19)	In section 4(2), the words “for the offence of which he remains convicted on that count”. In section 6— (a) subsection (5); (b) in subsection (7), the definition of interim hospital order. Section 11(6). In section 14— (a) subsection (5); (b) in subsection (7), the definition of interim hospital order. Section 16B(3). In section 31, in the heading, the words “under Part 1”. Section 31C(1) and (2).
Courts-Martial (Appeals) Act 1968 (c. 20)	Section 16(5). Section 25B(3). Section 36C(1) and (2). In section 43(1A), the word “or” at the end of paragraph (a).
Judicature (Northern Ireland) Act 1978 (c. 23)	In section 49— (a) in subsection (2), the words from “or, where subsection (3) applies” to the end; (b) subsection (3).
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)	Section 10(6).
Mental Health Act 1983 (c. 20)	In Schedule 4, paragraph 23(d)(ii).
Criminal Justice Act 1988 (c. 33)	In section 36(9), the word “and” at the end of paragraph (ab).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In section 155— (a) in subsection (1), the words from “or, where subsection (2) below applies” to the end; (b) subsections (2) and (3).
Criminal Justice Act 2003 (c. 44)	Section 272(1).

Part 4 U.K. Other criminal justice provisions

Commencement Information

I538 Sch. 28 Pt. 4 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50

I539 Sch. 28 Pt. 4 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(3)

I540 Sch. 28 Pt. 4 in force at 8.7.2009 for specified purposes by S.I. 2009/1678, art. 3(c)

I541 Sch. 28 Pt. 4 partly in force; Sch. 28 Pt. 4 partly in force at Royal Assent, see s. 153(1)(a) and further in force for certain purposes at 8.7.2008, see s. 153(2)(a)

Title	Extent of repeal
Children and Young Persons Act 1969 (c. 54)	Section 23AA(4)(a).
Bail Act 1976 (c. 63)	Section 3AA(6) to (10) and (12).
Magistrates' Courts Act 1980 (c. 43)	Section 13(5). Section 24(1B).
Prosecution of Offences Act 1985 (c. 23)	Section 7A(6).
Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40)	Section 8.
Access to Justice Act 1999 (c. 22)	Section 17A(5).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In section 3— (a) in subsection (2), paragraph (b) and the word “or” immediately preceding it; (b) in subsection (5), in paragraph (b), the words “paragraph (b) and”.
Sexual Offences Act 2003 (c. 42)	Section 86(4). Section 87(6).
Criminal Justice Act 2003 (c. 44)	Section 23A(7) to (9). In Schedule 3, paragraphs 13, 22 and 57(2). In Schedule 36, paragraph 50. In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

Part 5 U.K. Criminal law

Commencement Information

I542 Sch. 28 Pt. 5 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50

I543 Sch. 28 Pt. 5 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(v)

I544 Sch. 28 Pt. 5 partly in force at Royal Assent, see s. 153(1)(j) and further in force for certain purposes at 8.7.2008, see s. 153(2)(d)

Title	Extent of repeal
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)	In section 1, the words “any blasphemous libel, or”.
Law of Libel Amendment Act 1888 (c. 64)	In section 3, the words “blasphemous or”. In section 4, the words “blasphemous or”.
Nuclear Material (Offences) Act 1983 (c. 18)	Section 1(2). In section 6(1), the words “in this Act”.
Public Order Act 1986 (c. 64)	Section 29B(3). In section 29H— (a) in subsection (1), the words “in England and Wales”; (b) subsection (2). In section 29I— (a) in subsection (2)(a), the words “in the case of an order made in proceedings in England and Wales,”; (b) subsections (2)(b) and (4). In section 29L(1) and (2), the words “in England and Wales”.
Sexual Offences Act 2003 (c. 42)	In Schedule 2, in paragraph 1(d), the words “in relation to a photograph or pseudo-photograph showing a child under 16”.
Terrorism Act 2006 (c. 11)	Section 14.

Part 6 U.K. International co-operation in relation to criminal justice matters

Commencement Information

I545 Sch. 28 Pt. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50

Title	Extent of repeal
Commissioners for Revenue and Customs Act 2005 (c. 11)	In Schedule 2, paragraph 14.
Repatriation of Prisoners Act 1984 (c. 47)	In section 1(4)(b) the words “under this Act”. Section 3(10). In section 8(1) the word “and” after the definition of “order”.
Police and Justice Act 2006 (c. 48)	Section 44(4).

Part 7 U.K. Anti-social behaviour

Commencement Information

I546 Sch. 28 Pt. 7 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(j)

Title	Extent of repeal
Police and Justice Act 2006 (c. 48)	In Schedule 14, paragraph 55(5).

Part 8 U.K. Policing

Commencement Information

I547 Sch. 28 Pt. 8 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50

I548 Sch. 28 Pt. 8 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(k)

Title	Extent of repeal
Police Act 1996 (c. 16)	In section 50(4), the words “, subject to subsection (3)(b),”. In section 54(2), the words “and the Central Police Training and Development Authority”. In section 97— (a) in subsection (6), in each of paragraphs (b) and (c), the words “or is required to resign as an alternative to dismissal”; (b) in subsection (7), the words “, or required to resign as an alternative to dismissal,”. In Schedule 6, paragraph 6.
Greater London Authority Act 1999 (c. 29)	In Schedule 27, paragraphs 95 and 107.
Criminal Justice and Police Act 2001 (c. 16)	In section 125— (a) subsections (3) and (4); (b) in subsection (5), paragraph (b), together with the word “and” immediately preceding it.
Police Reform Act 2002 (c. 30)	In Schedule 3— (a) paragraphs 20A(8), 20B(5) and 20E(5); (b) paragraph 20G together with the cross heading immediately preceding it; (c) in paragraphs 21A(5) and 24B(2), the words from “(and the other provisions” to the end; (d) paragraph 22(1)(c) (together with the word “or” immediately preceding it); (e) in paragraph 25, the word “and” immediately after each of sub-paragraphs (2)(b), (3)(b) and (5)(b).
Railways and Transport Safety Act 2003 (c. 20)	Section 43.
Police and Justice Act 2006 (c. 48)	In section 49(1), paragraph (c) together with the word “or” immediately preceding it. In Schedule 1, paragraph 30(3). In Schedule 2, paragraph 19.
Legal Services Act 2007 (c. 29)	In Schedule 21, paragraphs 73 and 119.