An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.
[8th May 2008]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
YOUTH REHABILITATION ORDERS
1 Youth rehabilitation orders
(1) Where a person aged under 18 is convicted of an offence, the court by or before which the person is convicted may in accordance with Schedule 1 make an order (in this Part referred to as a “youth rehabilitation order”) imposing on the person any one or more of the following requirements—
(a) an activity requirement (see paragraphs 6 to 8 of Schedule 1),
(b) a supervision requirement (see paragraph 9 of that Schedule),
(c) in a case where the offender is aged 16 or 17 at the time of the conviction, an unpaid work requirement (see paragraph 10 of that Schedule),
(d) a programme requirement (see paragraph 11 of that Schedule),
(e) an attendance centre requirement (see paragraph 12 of that Schedule),
(f) a prohibited activity requirement (see paragraph 13 of that Schedule),
(g) a curfew requirement (see paragraph 14 of that Schedule),
(h) an exclusion requirement (see paragraph 15 of that Schedule),
(i) a residence requirement (see paragraph 16 of that Schedule),
(j) a local authority residence requirement (see paragraph 17 of that Schedule),
(k) a mental health treatment requirement (see paragraph 20 of that Schedule),
(l) a drug treatment requirement (see paragraph 22 of that Schedule),
(m) a drug testing requirement (see paragraph 23 of that Schedule),
(n) an intoxicating substance treatment requirement (see paragraph 24 of that Schedule), and
(o) an education requirement (see paragraph 25 of that Schedule).
(2) A youth rehabilitation order—
(a) may also impose an electronic monitoring requirement (see paragraph 26 of Schedule 1), and
(b) must do so if paragraph 2 of that Schedule so requires.
(3) A youth rehabilitation order may be—
(a) a youth rehabilitation order with intensive supervision and surveillance (see paragraph 3 of Schedule 1), or
(b) a youth rehabilitation order with fostering (see paragraph 4 of that Schedule).
(4) But a court may only make an order mentioned in subsection (3)(a) or (b) if—
(a) the court is dealing with the offender for an offence which is punishable with imprisonment,
(b) the court is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be appropriate (or, if the offender was aged under 12 at the time of conviction, would be appropriate if the offender had been aged 12), and
(c) if the offender was aged under 15 at the time of conviction, the court is of the opinion that the offender is a persistent offender.
(5) Schedule 1 makes further provision about youth rehabilitation orders.
(6) This section is subject to—
(a) sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions on community sentences etc.), and
(b) the provisions of Parts 1 and 3 of Schedule 1.
2 Breach, revocation or amendment of youth rehabilitation orders
Schedule 2 makes provision about failures to comply with the requirements of youth rehabilitation orders and about the revocation or amendment of such orders.
3 Transfer of youth rehabilitation orders to Northern Ireland
Schedule 3 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.
4 Meaning of “the responsible officer”
(1) For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means—
(a) in a case where the order—
(i) imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 1(1), and
(ii) imposes an electronic monitoring requirement,
the person who under paragraph 26(4) of Schedule 1 is responsible for the electronic monitoring required by the order;
(b) in a case where the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;
(c) in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.
(2) In this section “qualifying officer”, in relation to a youth rehabilitation order, means—
(a) a member of a youth offending team established by a local authority for the time being specified in the order for the purposes of this section, or
(b) an officer of a local probation board appointed for or assigned to the local justice area for the time being so specified or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being so specified.
(3) The Secretary of State may by order—
(a) amend subsections (1) and (2), and
(b) make any other amendments of—
(i) this Part, or
(ii) Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) (general provisions about sentencing),
that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
(4) An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.
5 Responsible officer and offender: duties in relation to the otherM
(1) Where a youth rehabilitation order has effect, it is the duty of the responsible officer—
(a) to make any arrangements that are necessary in connection with the requirements imposed by the order,
(b) to promote the offender’s compliance with those requirements, and
(c) where appropriate, to take steps to enforce those requirements.
(2) In subsection (1) “responsible officer” does not include a person falling within section 4(1)(a).
(3) In giving instructions in pursuance of a youth rehabilitation order relating to an offender, the responsible officer must ensure, as far as practicable, that any instruction 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 subsection (3) is to have effect with such additional restrictions as may be specified in the order.
(5) An offender in respect of whom a youth rehabilitation order is in force—
(a) must keep in touch with the responsible officer in accordance with such instructions as the offender may from time to time be given by that officer, and
(b) must notify the responsible officer of any change of address.
(6) The obligation imposed by subsection (5) is enforceable as if it were a requirement imposed by the order.
Supplementary
6 Abolition of certain youth orders and related amendments
(1) Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.
(2) Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.
(3) Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.
7 Youth rehabilitation orders: interpretation
(1) In this Part, except where the contrary intention appears—
“accommodation provided by or on behalf of a local authority” has the same meaning as it has in the Children Act 1989 (c. 41) by virtue of section 105 of that Act;
“activity requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 6 of Schedule 1;
“associated”, in relation to offences, is to be read in accordance with section 161(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
“attendance centre” has the meaning given by section 221(2) of the Criminal Justice Act 2003 (c. 44);
“attendance centre requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 12 of Schedule 1;
“curfew requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 14 of Schedule 1;
“custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;
“detention and training order” has the same meaning as it has in that Act by virtue of section 163 of that Act;
“drug treatment requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 22 of Schedule 1;
“drug testing requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 23 of Schedule 1;
“education requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 25 of Schedule 1;
“electronic monitoring requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 26 of Schedule 1;
“exclusion requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 15 of Schedule 1;
“extended activity requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 3 of Schedule 1;
“fostering requirement”, in relation to a youth rehabilitation order with fostering, has the meaning given by paragraph 18 of Schedule 1;
“guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12);
“intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 24 of Schedule 1;
“local authority” means—
(a) in relation to England—
(i) a county council,
(ii) a district council whose district does not form part of an area that has a county council,
(iii) a London borough council, or
(iv) the Common Council of the City of London in its capacity as a local authority, and
(b) in relation to Wales—
(i) a county council, or
(ii) a county borough council;
“local authority residence requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 17 of Schedule 1;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); “mental health treatment requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 20 of Schedule 1;
“programme requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 11 of Schedule 1;
“prohibited activity requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 13 of Schedule 1;
“residence requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 16 of Schedule 1;
“the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, has the meaning given by section 4;
“supervision requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 9 of Schedule 1;
“unpaid work requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 10 of Schedule 1;
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37);
“youth rehabilitation order” has the meaning given by section 1;
“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1;
“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1.
(2) For the purposes of any provision of this Part which requires the determination of the age of a person by the court, the Secretary of State or a local authority, the person’s age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State or a local authority to be after considering any available evidence.
(3) Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.
(4) 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, any reference in this Part (except in paragraphs 4 and 25 of Schedule
1) to the offender’s parent or guardian is to be read as a reference to that authority.
(5) In subsection (4)—
“parental responsibility” has the same meaning as it has in the Children Act 1989 (c. 41) 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 (c. 42) by virtue of section 1A of that Act.
8 Isles of Scilly
This Part has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by order specify.
PART 2
SENTENCING
General sentencing provisions
9 Purposes etc. of sentencing: offenders under 18
(1) After section 142 of the Criminal Justice Act 2003 (c. 44) insert—
“142A Purposes etc. of sentencing: offenders under 18
(1) This section applies where a court is dealing with an offender aged under 18 in respect of an offence.
(2) The court must have regard to—
(a) the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998),
(b) in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and
(c) the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).
(3) Those purposes of sentencing are—
(a) the punishment of offenders,
(b) the reform and rehabilitation of offenders,
(c) the protection of the public, and
(d) the making of reparation by offenders to persons affected by their offences.
(4) This section does not apply—
(a) to an offence the sentence for which is fixed by law,
(b) to an offence the sentence for which falls to be imposed under—
(i) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences),
(ii) section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon), or
(iii) section 226(2) of this Act (detention for life for certain dangerous offenders), or
(c) in relation to the making under Part 3 of the Mental Health Act 1983 of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.”
(2) In section 142 of the Criminal Justice Act 2003 (purposes of sentencing in relation to offenders aged 18 or over at the time of conviction)—
(a) in the heading, at the end insert “: offenders aged 18 or over”, and
(b) in subsection (2)(a) omit “at the time of conviction”.
(3) In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—
“(1A) Subsection (1) is to be read with paragraphs (a) and (c) of section 142A(2) of the Criminal Justice Act 2003 (which require a court dealing with an offender aged under 18 also to have regard to the principal aim of the youth justice system and the specified purposes of sentencing).
(1B) Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.”
(4) In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—
““offending” includes re-offending;”.
10 Effect of restriction on imposing community sentences
In section 148 of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences), after subsection (4) insert—
“(5) The fact that by virtue of any provision of this section—
(a) a community sentence may be passed in relation to an offence; or
(b) particular restrictions on liberty may be imposed by a community order or youth rehabilitation order,
does not require a court to pass such a sentence or to impose those restrictions.”
11 Restriction on power to make a community order
(1) After section 150 of the Criminal Justice Act 2003 (community sentence not available where sentence fixed by law etc.) insert—
“150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined
(1) The power to make a community order is only exercisable in respect of an offence if—
(a) the offence is punishable with imprisonment; or
(b) in any other case, section 151(2) confers power to make such an order.
(2) For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).”
(2) Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.
(3) Before subsection (1) insert—
“(A1) Subsection (2) provides for the making of a community order by the court in respect of an offence (“the current offence”) committed by a person to whom subsection (1) or (1A) applies.”
(4) In subsection (1)—
(a) for “Subsection (2) applies where” substitute “This subsection applies to the offender if—
(za) the current offence is punishable with imprisonment;”;
(b) for paragraph (a) substitute—
“(a) the offender was aged 16 or over when he was convicted;”;
(c) in paragraph (b) for “he” substitute “the offender”.
(5) After subsection (1) insert—
“(1A) This subsection applies to the offender if—
(a) the current offence is not punishable with imprisonment;
(b) the offender was aged 16 or over when he was convicted; and
(c) 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.”
(6) In subsection (3)(a) after “(1)(b)” insert “or (1A)(b) (as the case may be)”.
(7) In subsections (4), (5) and (6), for “subsection (1)(b)” insert “subsections (1)(b) and (1A)(b)”.
(8) In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “or 151(2)”.
12 Pre-sentence reports
In section 158 of the Criminal Justice Act 2003 (c. 44) (meaning of “pre-sentence report”), after subsection (1) insert—
“(1A) Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.
(1B) But a pre-sentence report that—
(a) relates to an offender aged under 18, and
(b) is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),
must be in writing.”
Custodial sentences
13 Sentences of imprisonment for public protection
(1) In section 225 of the Criminal Justice Act 2003 (life sentence or imprisonment for public protection), for subsection (3) substitute—
“(3) In a case not falling within subsection (2), the court may impose a sentence of imprisonment for public protection if the condition in subsection (3A) or the condition in subsection (3B) is met.
(3A) The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.
(3B) The condition in this subsection is that the notional minimum term is at least two years.
(3C) The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of imprisonment for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).”
(2) After Schedule 15 to that Act, insert the Schedule set out in Schedule 5 to this Act.
14 Sentences of detention for public protection
In section 226 of the Criminal Justice Act 2003 (c. 44) (detention for life or detention for public protection), for subsection (3) substitute—
“(3) In a case not falling within subsection (2), the court may impose a sentence of detention for public protection if the notional minimum term is at least two years.
(3A) The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of detention for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).”
15 Extended sentences for certain violent or sexual offences: persons 18 or over
(1) Section 227 of the Criminal Justice Act 2003 (extended sentence for certain violent or sexual offences: persons 18 or over) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) the words “, other than a serious offence,” are omitted, and
(b) after paragraph (b) insert “, but
(c) the court is not required by section 225(2) to impose a sentence of imprisonment for life.”
(3) In subsection (2) —
(a) for “The court must” substitute “The court may”, and
(b) for the words from “that is to say” to the end substitute “if the condition in subsection (2A) or the condition in subsection (2B) is met.”
(4) After subsection (2) insert—
“(2A) The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.
(2B) The condition in this subsection is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2C) An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by him of further specified offences.”
(5) In subsection (3) for “subsection (2)” substitute “subsections (2B) and (2C)”.
(6) After subsection (5) insert—
“(6) The Secretary of State may by order amend subsection (2B) so as to substitute a different period for the period for the time being specified in that subsection.”
16 Extended sentences for certain violent or sexual offences: persons under 18
(1) Section 228 of the Criminal Justice Act 2003 (c. 44) (extended sentence for certain violent or sexual offences: persons under 18) is amended as follows.
(2) In subsection (1)(b)(ii) the words from “or by section 226(3)” to the end are omitted.
(3) In subsection (2) —
(a) for “The court must” substitute “The court may”, and
(b) for the words from “, that is to say” to the end substitute “if the condition in subsection (2A) is met.”
(4) After subsection (2) insert—
“(2A) The condition in this subsection is that, if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2B) An extended sentence of detention is a sentence of detention the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by him of further specified offences.”
(5) In subsection (3)—
(a) for “subsection (2)” substitute “subsections (2A) and (2B)”, and
(b) paragraph (a) is omitted.
(6) After subsection (6) insert—
“(7) The Secretary of State may by order amend subsection (2A) so as to substitute a different period for the period for the time being specified in that subsection.”
17 The assessment of dangerousness
(1) Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness) is amended as follows.
(2) In subsection (2)—
(a) the words from the beginning to “18” are omitted,
(b) after paragraph (a) insert—
“(aa) may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,”, and
(c) in paragraph (b) for “the offence” substitute “any of the offences mentioned in paragraph (a) or (aa)”.
(3) After subsection (2) insert—
“(2A) The reference in subsection (2)(aa) to a conviction by a court includes a reference to—
(a) a finding of guilt in service disciplinary proceedings, and
(b) a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).”
(4) Subsections (3) and (4) are omitted.
(5) Schedules 16 and 17 to that Act are omitted.
18 Further amendments relating to sentences for public protection
(1) In section 231 of the Criminal Justice Act 2003 (c. 44) (appeals where previous convictions set aside), for subsection (1) substitute—
“(1) This section applies where—
(a) a sentence has been imposed on any person under section 225(3) or 227(2),
(b) the condition in section 225(3A) or (as the case may be) 227(2A) was met but the condition in section 225(3B) or (as the case may be) 227(2B) 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.”
(2) In section 232 of that Act (certificates for purposes of section 229)—
(a) in the heading for “section 229” substitute “sections 225 and 227”,
(b) in paragraph (a)—
(i) for “the commencement of this section” substitute “the commencement of Schedule 15A”, and
(ii) for “a relevant offence” substitute “an offence specified in that Schedule”, and
(c) for “section 229” substitute “sections 225(3A) and 227(2A)”.
(3) Section 234 of that Act (determination of day when offence committed) is omitted.
19 Indeterminate sentences: determination of tariffs
(1) Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (determination of tariffs in cases where the sentence is not fixed by law) is amended as follows.
(2) In subsection (3) (determination of the appropriate part of the sentence) at the end insert—
“In Case A or Case B below, this subsection has effect subject to, and in accordance with, subsection (3C) below.”
(3) After subsection (3) insert—
“(3A) Case A is where the offender was aged 18 or over when he committed the offence and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more other offences associated with it,—
(a) is exceptional (but not such that the court proposes to make an order under subsection (4) below), and
(b) would not be adequately reflected by the period which the court would otherwise specify under subsection (2) above.
(3B) Case B is where the court is of the opinion that the period which it would otherwise specify under subsection (2) above would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.
(3C) In Case A or Case B above, in deciding the effect which the comparison required by subsection (3)(c) above is to have on reducing the period which the court determines for the purposes of subsection (3)(a) (and before giving effect to subsection (3)(b) above), the court may, instead of reducing that period by one-half,—
(a) in Case A above, reduce it by such lesser amount (including nil) as the court may consider appropriate according to the seriousness of the offence, or
(b) in Case B above, reduce it by such lesser amount (but not by less than one-third) as the court may consider appropriate in the circumstances.”
(4) In subsection (4A) (no order to be made under subsection (4) in the case of certain sentences) after “No order under subsection (4) above may be made” insert “, and Case A above does not apply,”.
20 Consecutive terms of imprisonment
(1) Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.
(2) In section 181 (consecutive terms of imprisonment complying with section 181) after subsection (7) insert—
“(7A) For the purposes of subsection (7)(a) the aggregate length of the terms of imprisonment is not to be regarded as being more than 65 weeks if the aggregate of all the custodial periods and the longest of the licence periods in relation to those terms is not more than 65 weeks.”
(3) In section 264A (consecutive terms: intermittent custody)—
(a) in subsection (3), omit the words from “and none” to the end;
(b) in subsection (4)(b), for “the longest of the total” substitute “all the”; and
(c) in subsection (5), for the definition of “total licence period” substitute— ““licence period” has the same meaning as in section 183(3);”.
(4) In section 265 (restriction on consecutive sentences for released prisoners)—
(a) in subsection (1), for “early under this Chapter” substitute “—
(a) under this Chapter; or
(b) under Part 2 of the Criminal Justice Act 1991.”; and
(b) after that subsection insert—
“(1A) Subsection (1) applies to a court sentencing a person to—
(a) a term of imprisonment for an offence committed before 4 April 2005, or
(b) a term of imprisonment of less than 12 months for an offence committed on or after that date, as it applies to the imposition of any other term of imprisonment.
(1B) Where an intermittent custody order applies to the other sentence, the reference in subsection (1) to release under this Chapter does not include release by virtue of section 183(1)(b)(i) (periods of temporary release on licence before the custodial days specified under section 183(1)(a) have been served).”
(5) Any saving by virtue of which section 84 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released prisoners) continues to apply in certain cases (despite the repeal of that section by the Criminal Justice Act 2003) shall cease to have effect.
Release and recall of prisoners
21 Credit for period of remand on bail: terms of imprisonment and detention
(1) The Criminal Justice Act 2003 (c. 44) is amended as follows.
(2) In section 237 (meaning of “fixed term prisoner”), in subsection (1B), after “Armed Forces Act 2006)” insert “or section 240A”.
(3) In the italic heading before section 240, after “custody” insert “or on bail subject to certain types of condition”.
(4) After section 240 insert—
“240A Crediting periods of remand on bail: terms of imprisonment and detention
(1) This section applies where—
(a) a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005,
(b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and
(c) the offender’s bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
(2) Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence.
(3) The “credit period” is the number of 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) Subsection (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 subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence.
(6) Rules made under subsection (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 subsection (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 gives a direction under subsection (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 relation to which the direction is given.
(9) Subsection (10) applies where the court—
(a) does not give a direction under subsection (2) but gives a direction under subsection (5), or
(b) decides not to give a direction under this section.
(10) The court shall state in open court—
(a) that its decision is in accordance with rules made under paragraph (a) of subsection (4), or
(b) that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.
(11) Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if—
(a) in subsection (7)—
(i) the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;
(ii) in paragraph (a) after “Schedule 12” there were inserted “or section 119(1)(a) or (b) of the Sentencing Act”; and
(b) in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “or Part 2 of the Criminal Justice Act 1991”.
(12) In this section—
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 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.”
(5) In section 241 (effect of direction under section 240 of that Act) after the words “section 240”, in each place where they occur (including in the title), insert “or 240A”.
(6) In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “, 240A”.
(7) In section 330 (Parliamentary procedure for subordinate legislation made under that Act), in subsection (5)(d), after “section 240(4)(a)” insert “or 240A(4)(a)”.
22 Credit for period of remand on bail: other cases
(1) The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).
(2) In section 246(4) (exceptions to power to release prisoner on licence before required to do so), in paragraph (i), after “section 240” insert “or 240A”.
(3) In section 269(3) (part of mandatory life prisoner’s sentence to be specified for purposes of early release provisions), in paragraph (b), before “if” insert “or under section 240A (crediting periods of remand on bail spent subject to certain types of condition)”.
(4) In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition:”.
(5) In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (part of discretionary life prisoner’s sentence to be specified for purposes of early release provisions), in paragraph (b), before “if” insert “or under section 240A of that Act of 2003 (crediting periods of remand on bail subject to certain types of condition)”.
(6) In section 101 of that Act (detention and training orders: taking account of remand etc.)—
(a) in subsection (8) for “in custody” substitute “—
(a) in custody, or
(b) on bail subject to a qualifying curfew condition and an electronic monitoring condition (within the meaning of section 240A of the Criminal Justice Act 2003),”; and
(b) in subsection (9) for “in custody” substitute “as mentioned in that subsection”.
(7) In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—
“(d) sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).”
23 Credit for period of remand on bail: transitional provisions
Schedule 6 (which, for the purposes of certain repealed provisions which continue to have effect in relation to persons convicted of certain offences, makes provision similar to that made by sections 21 and 22) has effect.
24 Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003
In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substitute “and
(b) he has served—
(i) at least 4 weeks of that period, and
(ii) at least one-half of that period.”
25 Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences
(1) Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.
(2) In subsection (2)—
(a) the word “and” at the end of paragraph (a) is omitted, and
(b) paragraph (b) is omitted.
(3) Subsections (3), (4), (5) and (6) are omitted.
26 Release of certain long-term prisoners under Criminal Justice Act 1991
(1) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners: offences committed before 4th April 2005 etc.) is amended as follows.
(2) In section 33 (duty to release short-term and long-term prisoners), after subsection (1) insert—
“(1A) As soon as a long-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(1B) Subsection (1A) does not apply to a long-term prisoner if the offence or one of the offences in respect of which he is serving the sentence is specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent offences and specified sexual offences).
(1C) The reference in subsection (1B) to an offence specified in Schedule 15 to the Criminal Justice Act 2003 includes a reference to—
(a) 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 that Schedule, and
(b) 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 that Schedule.
(1D) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of subsection (1C)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1C)(b).”
(3) In that section, in subsection (2) after “a long-term prisoner” insert “to whom subsection (1A) does not apply”.
(4) In section 35 (power to release long-term prisoners etc.) after subsection (1) insert—
“(1A) Subsection (1) does not apply to a long-term prisoner to whom section 33(1A) applies.”
(5) In section 37 (duration and conditions of licences)—
(a) in subsection (1), for “(1B) and (2)” substitute “(1B), (2) and (8)”, and
(b) after subsection (7) insert—
“(8) This section does not apply in relation to a long-term prisoner to whom section 33(1A) applies (provision as to the duration and conditions of licences for such prisoners being made by section 37ZA).”
(6) After section 37 insert—
“37ZA Duration and conditions of licences under section 33(1A) etc.
(1) Where a long-term prisoner is released on licence under section 33(1A), the licence shall (subject to any revocation under section 254 of the 2003 Act) remain in force for the remainder of the sentence.
(2) Section 250(1), (4) and (8) of the 2003 Act apply in relation to a licence under section 33(1A) of this Act as they apply in relation to a licence under Chapter 6 of Part 12 of the 2003 Act in respect of a prisoner serving a sentence of imprisonment for a term of twelve months or more.
(3) A person subject to a licence under section 33(1A) must comply with such conditions as may for the time being be specified in the licence.
(4) The reference in section 254(1) of the 2003 Act to a person who has been released on licence under Chapter 6 of Part 12 of that Act includes a reference to a person released on licence under section 33(1A).
(5) In this section, “the 2003 Act” means the Criminal Justice Act 2003.”
27 Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK
(1) The following provisions of Part 2 of the Criminal Justice Act 1991 (c. 53) (which apply to persons sentenced for offences committed before 4th April 2005 etc.) cease to have effect—
(a) section 46(1) (which makes the early release power under section 35(1) exercisable in relation to long term prisoners liable to removal without a Parole Board recommendation), and
(b) in section 50(2), the words from “but nothing” to the end (which exclude prisoners liable to removal from the cases in which prisoners must be released if recommended for release by the Parole Board);
and, accordingly, the Parole Board (Transfer of Functions) Order 1998 (S.I. 1998/3218) applies to prisoners liable to removal as it applies to other prisoners.
(2) In this section “prisoners liable to removal” means prisoners liable to removal from the United Kingdom (within the meaning of section 46(3) of the Criminal Justice Act 1991).
28 Release of fine defaulters and contemnors under Criminal Justice Act 1991
(1) Section 45 of the Criminal Justice Act 1991 (fine defaulters and contemnors: persons committed to prison before 4th April 2005) is amended as follows.
(2) In subsection (2) after “(3)” insert “, (3A)”.
(3) In subsection (3)—
(a) for “the following subsections” substitute “the following subsection”, and
(b) in the substituted text, subsection (2) is omitted.
(4) After subsection (3) insert— “(3A) In section 36 above—
(a) in subsection (1) for “on licence” there shall be substituted “unconditionally”, and
(b) subsection (2) shall be omitted.”
(5) Subsection (4) is omitted.
29 Release of prisoners after recall
(1) In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—
(a) subsections (3) to (5) cease to have effect;
(b) in subsection (7) for “subsections (2) to (6)” substitute “this section”.
(2) After section 255 of that Act (recall of prisoners released early under section 246) insert—
“255A Further release after recall: introductory
(1) This section applies for the purpose of identifying which of sections 255B to 255D governs the further release of a person who has been recalled under section 254 (“the prisoner”).
(2) The prisoner is eligible to be considered for automatic release unless—
(a) he is an extended sentence prisoner or a specified offence prisoner;
(b) in a case where paragraph (a) does not apply, he was recalled under section 254 before the normal entitlement date (having been released before that date under section 246 or 248); or
(c) in a case where neither of the preceding paragraphs applies, he has, during the same term of imprisonment, already been released under section 255B(1)(b) or (2) or section 255C(2).
(3) If the prisoner is eligible to be considered for automatic release the Secretary of State must, on recalling him, consider whether he is suitable for automatic release.
(4) For this purpose “automatic release” means release at the end of the period of 28 days beginning with the date on which the prisoner is returned to prison.
(5) The person is suitable for automatic release only if the Secretary of State is satisfied that he will not present a risk of serious harm to members of the public if he is released at the end of that period.
(6) The prisoner must be dealt with—
(a) in accordance with section 255B if he is eligible to be considered for automatic release and is suitable for automatic release;
(b) in accordance with section 255C if he is eligible to be considered for automatic release but was not considered to be suitable for it;
(c) in accordance with section 255C if he is a specified offence prisoner or if he is not eligible to be considered for automatic release by virtue of subsection (2)(b) or (c);
(d) in accordance with section 255D if he is an extended sentence prisoner.
(7) The prisoner is an “extended sentence prisoner” if he is serving an extended sentence imposed under section 227 or 228 of this Act, section 58 of the Crime and Disorder Act 1998 or section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.
(8) The prisoner is a “specified offence prisoner” if (not being an extended sentence prisoner) he is serving a sentence imposed for a specified offence within the meaning of section 224.
(9) The reference in subsection (8) to a specified offence (within the meaning of section 224) includes a reference to—
(a) 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 a specified offence, and
(b) 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 a specified offence.
(10) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of subsection (9)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (9)(b).
(11) In subsection (2)(b) the “normal entitlement date” means the date on which the prisoner would (but for his earlier release) have been entitled to be released under section 244.
(12) For the purposes of subsection (2)(c) terms of imprisonment which are consecutive and terms which are wholly or partly concurrent are to be treated as a single term if—
(a) the sentences were passed on the same occasion, or
(b) where they were passed on different occasions, the prisoner has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.
(13) In subsection (5) “serious harm” means death or serious personal injury, whether physical or psychological.
(14) In this section, “term of imprisonment” includes a determinate sentence of detention under section 91 of the Sentencing Act or under section 228 of this Act.
255B Automatic release
(1) A prisoner who is suitable for automatic release must—
(a) on his return to prison, be informed that he will be released under this subsection, and
(b) at the end of the 28 day period mentioned in section 255A(4) (or such other period as is specified for the purposes of that subsection), be released by the Secretary of State on licence under this Chapter (unless he has already been released under subsection (2)).
(2) The Secretary of State may, at any time after a prisoner who is suitable for automatic release is returned to prison, release him again on licence under this Chapter.
(3) The Secretary of State must not release a person under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that he should remain in prison until the end of the period mentioned in subsection (1)(b).
(4) If a prisoner who is suitable for automatic release makes representations under section 254(2) before the end of that period, the Secretary of State must refer his case to the Board on the making of those representations.
(5) Where on a reference under subsection (4) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.
(6) In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 183(1)(b) in the intermittent custody order.
255C Specified offence prisoners and those not suitable for automatic release
(1) This section applies to a prisoner who—
(a) is a specified offence prisoner,
(b) is not eligible to be considered for automatic release by virtue of section 255A(2)(b) or (c), or
(c) was eligible to be considered for automatic release but was not considered to be suitable for it.
(2) The Secretary of State may, at any time after the person is returned to prison, release him again on licence under this Chapter.
(3) The Secretary of State must not release a person under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that he should remain in prison.
(4) The Secretary of State must refer to the Board the case of any person to whom this section applies—
(a) if the person makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which he is returned to prison, on the making of those representations, or
(b) if, at the end of that period, the person has not been released under subsection (2) and has not made such representations, at that time.
(5) Where on a reference under subsection (4) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.
(6) In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 183(1)(b) in the intermittent custody order.
255D Extended sentence prisoners
(1) The Secretary of State must refer to the Board the case of any extended sentence prisoner.
(2) Where on a reference under subsection (1) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.”
(3) In section 256 of that Act (further release after recall) in subsection (1) (powers of Board on a reference) for “section 254(3)” substitute “section 255B(4), 255C(4) or 255D(1)”.
30 Further review and release of prisoners after recall
(1) Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.
(2) In subsection (1) for paragraph (b) substitute—
“(b) determine the reference by making no recommendation as to his release.”
(3) In subsection (2) omit “or (b)”.
(4) Subsections (3) and (5) cease to have effect.
(5) In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “Review by the Board”.
(6) After section 256 insert—
“256A Further review
(1) The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person’s case to the Board.
(2) The Secretary of State may, at any time before that anniversary, refer the person’s case to the Board.
(3) The Board may at any time recommend to the Secretary of State that a person’s case be referred under subsection (2).
(4) On a reference under subsection (1) or (2), the Board must determine the reference by—
(a) recommending the person’s immediate release on licence under this Chapter,
(b) fixing a date for his release on licence, or
(c) making no recommendation as to his release.
(5) The Secretary of State—
(a) where the Board makes a recommendation under subsection (4)(a) for the person’s immediate release on licence, must give effect to the recommendation; and
(b) where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.”
31 Recall of life prisoners: abolition of requirement for recommendation by Parole Board
(1) Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.
(2) For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—
“(1) The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.”
(3) In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “this section”.
(4) In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “the case of a life prisoner recalled under this section”.
32 Release of prisoners recalled following release under Criminal Justice Act 1991
(1) Before section 51 of the Criminal Justice Act 1991 (c. 53) insert—
“50A Prisoners recalled under section 254 of Criminal Justice Act 2003
(1) This section applies to a person who is—
(a) released on licence under any provision of this Part, and
(b) recalled to prison under section 254(1) of the 2003 Act (recall of prisoners while on licence).
(2) Nothing in the following provisions of this Part (which authorise or require the Secretary of State to release prisoners) applies in relation to the person—
(a) section 33;
(b) section 33A;
(c) section 34A;
(d) section 35;
(e) section 43(4).
(3) Sections 254(2) and (6) and 255A to 256A of the 2003 Act (which authorise release on licence etc) apply in relation to a person to whom this section applies with the modifications specified in subsection (4).
(4) Section 255A applies as if—
(a) the reference in subsection (2)(b) to section 246 or 248 of the 2003 Act were a reference to section 34A or 36 of this Act,
(b) the reference in subsection (11) to section 244 of the 2003 Act were a reference to section 33(1), (1A) or (2) of this Act,
(c) subsection (12) were omitted (provision to the same effect being made by section 51(2) of this Act, as it applies by virtue of subsection (9) below), and
(d) subsection (14) provided that “term of imprisonment” included any sentence of detention mentioned in section 43(1) of this Act.
(5) The provisions of Chapter 6 of Part 12 of the 2003 Act specified in subsection (6) apply in relation to—
(a) a licence under that Chapter granted to a person to whom this section applies, and
(b) a licence under section 36 of this Act granted to such a person.
(6) The provisions of the 2003 Act specified in this subsection are—
(a) section 249 (duration of licence), as modified by subsection (7) below;
(b) section 250(1), (4) and (8) (licence conditions), as modified by subsection (8) below;
(c) section 252 (duty to comply with licence conditions).
(7) Section 249 of the 2003 Act applies—
(a) as if the reference in subsection (1) to a fixed-term prisoner were a reference to a person to whom this section applies, and
(b) as if for subsection (3) there were substituted—
“(3) Subsection (1) has effect subject to section 51(2) to (2D) of the Criminal Justice Act 1991 (treatment of consecutive and concurrent terms etc.).”
(8) Section 250(4) of the 2003 Act applies as if the reference to a prisoner serving a sentence mentioned in that subsection were a reference to a person to whom this section applies.
(9) In relation to a person to whom this section applies, subsections (2) to (2D) of section 51 of this Act (treatment of consecutive and concurrent terms etc.) apply as if any reference in those subsections to this Part of this Act included the provisions of the 2003 Act mentioned in subsections (3) and (6).
(10) Except as provided by subsections (7)(b) and (9), nothing in this Part applies in relation to the duration and conditions of—
(a) a licence under Chapter 6 of Part 12 of the 2003 Act granted to a person to whom this section applies, or
(b) a licence under section 36 of this Act granted to such a person.
(11) In this section, “the 2003 Act” means the Criminal Justice Act 2003.”
(2) The savings made by 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) in respect of sections 249 and 250 of the Criminal Justice Act 2003 (c. 44) do not apply in relation to a licence granted under Chapter 6 of Part 12 of that Act, or under section 36 of the Criminal Justice Act 1991 (c. 53), to a person to whom section 50A of the Criminal Justice Act 1991 applies.
Early removal of prisoners from the United Kingdom
33 Removal under Criminal Justice Act 1991
(1) Part 2 of the Criminal Justice Act 1991 (early release of prisoners: offences before 4th April 2005 etc.) is amended as follows.
(2) After section 46 insert—
“46ZA Persons eligible for removal from the United Kingdom
(1) For the purposes of section 46A below, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.
(2) The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 46A below.
(3) The person must not be one who is liable to removal from the United Kingdom.”
(3) Section 46A (early removal of persons liable to removal from the United Kingdom) is amended as follows.
(4) In subsection (1) (the power of removal) after “is liable to” insert “, or eligible for,”.
(5) Also in subsection (1), for “at any time after he has served the requisite period” substitute “at any time in the period—
(a) beginning when the person has served the requisite period (see subsection (5)), and
(b) ending when the person has served one-half of the term.”
(6) Subsection (2) (cases where subsection (1) does not apply) ceases to have effect.
(7) In subsection (3) (purpose of removal from prison etc.)—
(a) at the beginning of paragraph (a) insert “if liable to removal from the United Kingdom,”;
(b) for “and” at the end of that paragraph substitute—
“(aa) if eligible for removal from the United Kingdom, is so removed only for the purpose of enabling the prisoner to leave the United Kingdom in order to reside permanently outside the United Kingdom, and”;
(c) at the beginning of paragraph (b) insert “in either case,”.
(8) In consequence of the amendments made by this section, the heading to section 46A becomes “Early removal of persons liable to, or eligible for, removal from United Kingdom”.
34 Removal under Criminal Justice Act 2003
(1) In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.
(2) After section 259 (persons liable to removal from the United Kingdom) insert—
“259A Persons eligible for removal from the United Kingdom
(1) For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.
(2) The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.
(3) The person must not be one who is liable to removal from the United Kingdom.”
(3) Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.
(4) In subsection (1) (the power of removal)—
(a) for “subsections (2) and (3)” substitute “subsection (2)”, and
(b) after “is liable to” insert “, or eligible for,”.
(5) For subsection (2) (conditions relating to time) substitute—
“(2) Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.”
(6) Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.
(7) In subsection (4) (purpose of removal from prison etc.)—
(a) at the beginning of paragraph (a) insert “if liable to removal from the United Kingdom,”;
(b) for “and” at the end of that paragraph substitute—
“(aa) if eligible for removal from the United Kingdom, is so removed only for the purpose of enabling the prisoner to leave the United Kingdom in order to reside permanently outside the United Kingdom, and”;
(c) at the beginning of paragraph (b) insert “in either case,”.
(8) In subsection (6) (order-making powers)—
(a) in paragraph (a) omit “or (3)(e)”,
(b) omit paragraph (b), and
(c) in paragraph (c) for “subsection (2)(b)(ii)” substitute “subsection (2)”.
(9) For subsection (7) (meaning of “requisite custodial period”) substitute— “(7) In this section “requisite custodial period”—
(a) in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);
(b) in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).”
(10) In consequence of the amendments made by this section—
(a) the italic heading preceding section 259 becomes “Persons liable to, or eligible for, removal from the United Kingdom”, and
(b) the heading to section 260 becomes “Early removal of persons liable to, or eligible for, removal from the United Kingdom”.
Referral orders
35 Referral conditions
(1) Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the referral conditions) is amended as follows.
(2) In subsection (1)—
(a) after “section 16(2) above” insert “and subsection (2) below”,
(b) insert “and” at the end of paragraph (a), and
(c) omit paragraph (c).
(3) For subsections (1A) and (2) substitute—
“(2) For the purposes of section 16(3) above, the discretionary referral conditions are satisfied in relation to an offence if—
(a) the compulsory referral conditions are not satisfied in relation to the offence;
(b) the offender pleaded guilty—
(i) to the offence; or
(ii) if the offender is being dealt with by the court for the offence and any connected offence, to at least one of those offences; and
(c) subsection (2A), (2B) or (2C) below is satisfied in relation to the offender.
(2A) This subsection is satisfied in relation to the offender if the offender has never been convicted by or before a court in the United Kingdom (“a UK court”) of any offence other than the offence and any connected offence.
(2B) This subsection is satisfied in relation to the offender if the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on only one previous occasion, but was not referred to a youth offender panel under section 16 above on that occasion.
(2C) This subsection is satisfied in relation to the offender if—
(a) the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on one or more previous occasions, but has been referred to a youth offender panel under section 16 above on only one previous occasion;
(b) an appropriate officer recommends to the court as suitable for the offender a referral to a youth offender panel under that section in respect of the offence; and
(c) the court considers that there are exceptional circumstances which justify ordering the offender to be so referred.
(2D) In subsection (2C)(b) above “appropriate officer” means—
(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.”
(4) Omit subsection (5).
36 Power to revoke a referral order
(1) Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
(2) After section 27 insert—
“Referrals back to court in the interests of justice
27A Revocation of referral order where offender making good progress etc.
(1) This section applies where, having regard to circumstances which have arisen since a youth offender contract took effect under section 23 above, it appears to the youth offender panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.
(2) The panel may refer the offender back to the appropriate court requesting it—
(a) to exercise only the power conferred by sub-paragraph (2) of paragraph 5 of Schedule 1 to this Act to revoke the order (or each of the orders); or
(b) to exercise both—
(i) the power conferred by that sub-paragraph to revoke the order (or each of the orders); and
(ii) the power conferred by sub-paragraph (4) of that paragraph to deal with the offender for the offence in respect of which the revoked order was made.
(3) The circumstances in which the panel may make a referral under subsection (2) above include the offender’s making good progress under the contract.
(4) Where—
(a) the panel makes a referral under subsection (2) above in relation to any offender and any youth offender contract, and
(b) the appropriate court decides not to exercise the power conferred by paragraph 5(2) of Schedule 1 to this Act in consequence of that referral,
the panel may not make a further referral under that subsection in relation to that offender and contract during the relevant period except with the consent of the appropriate court.
(5) In subsection (4) above “the relevant period” means the period of 3 months beginning with the date on which the appropriate court made the decision mentioned in paragraph (b) of that subsection.”
(3) In paragraph 1(1) of Schedule 1 (youth offender panels: further court proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.
37 Extension of period for which young offender contract has effect
(1) Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
(2) After section 27A (as inserted by section 36 above) insert—
“27B Extension of period for which young offender contract has effect
(1) This section applies where at any time—
(a) a youth offender contract has taken effect under section 23 above for a period which is less than twelve months;
(b) that period has not ended; and
(c) having regard to circumstances which have arisen since the contract took effect, it appears to the youth offender panel to be in the interests of justice for the length of that period to be extended.
(2) The panel may refer the offender back to the appropriate court requesting it to extend the length of that period.
(3) The requested period of extension must not exceed three months.”
(3) In Schedule 1 (youth offender panels: further court proceedings), after Part 1 insert—
“PART 1ZA
REFERRAL BACK TO APPROPRIATE COURT: EXTENSION OF PERIOD FOR WHICH CONTRACT HAS EFFECT
9ZB Introductory
(1) This Part of this Schedule applies where a youth offender panel refers an offender back to the appropriate court under section 27B of this Act with a view to the court extending the period for which the offender’s youth offender contract has effect.
(2) For the purposes of this Part of this Schedule and that section the appropriate court is—
(a) in the case of an offender aged under 18 at the time when (in pursuance of the referral back) the offender first appears before the court, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside; and
(b) otherwise, a magistrates’ court (other than a youth court) acting in that area.
9ZC Mode of referral back to court
The panel shall make the referral by sending a report to the appropriate court explaining why the offender is being referred back to it.
9ZD Power of court
(1) If 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 contract took effect, the court may make an order extending the length of the period for which the contract has effect.
(2) An order under sub-paragraph (1) above—
(a) must not extend that period by more than three months; and
(b) must not so extend that period as to cause it to exceed twelve months.
(3) In deciding whether to make an order under sub-paragraph (1) above, the court shall have regard to the extent of the offender’s compliance with the terms of the contract.
(4) The court may not make an order under sub-paragraph (1) above unless—
(a) the offender is present before it; and
(b) the contract has effect at the time of the order.
9ZE Supplementary
The following paragraphs of Part 1 of this Schedule apply for the purposes of this Part of this Schedule as they apply for the purposes of that Part—
(a) paragraph 3 (bringing the offender before the court);
(b) paragraph 4 (detention and remand of arrested offender); and
(c) paragraph 9ZA (power to adjourn hearing and remand offender).”
Enforcement of sentences
38 Imposition of unpaid work requirement for breach of community order
(1) Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of community order) is amended as follows.
(2) In paragraph 9 (powers of magistrates’ court) after sub-paragraph (3) insert— “(3A) Where—
(a) the court is dealing with the offender under sub-paragraph (1)(a), and
(b) the community order does not contain an unpaid work requirement,
section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.”
(3) In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert— “(3A) Where—
(a) the court is dealing with the offender under sub-paragraph (1)(a), and
(b) the community order does not contain an unpaid work requirement,
section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.”
39 Youth default orders
(1) Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates’ court would, but for section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).
(2) The magistrates’ court may, instead of proceeding under section 81 of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
(a) in the case of a person aged 16 or 17, an unpaid work requirement (see paragraph 10 of Schedule 1),
(b) an attendance centre requirement (see paragraph 12 of that Schedule), or
(c) a curfew requirement (see paragraph 14 of that Schedule).
(3) In this section (and Schedule 7) “youth default order” means an order under subsection (2).
(4) Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose electronic monitoring requirement) have effect in relation to a youth default order as they have effect in relation to a youth rehabilitation order.
(5) Where a magistrates’ court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
(6) The following provisions have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7—
(a) sections 4, 5 and 7,
(b) paragraphs 1, 10, 12, 14, 26, 27, 29, 33 and 34 of Schedule 1 (youth rehabilitation orders: further provisions),
(c) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders), and
(d) Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).
(7) Where a youth default order has been made for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and
(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
40 Power to impose attendance centre requirement on fine defaulter
(1) Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.
(2) In the heading for “or curfew requirement” substitute “curfew requirement or attendance centre requirement”.
(3) In subsection (2), at the end of paragraph (b) insert “, or
(a) in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214)”.
41 Disclosure of information for enforcing fines
(1) Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.
(2) After paragraph 9 insert—
9A “Disclosure of information in connection with application for benefit deductions
(1) The designated officer for a magistrates’ court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2) An information request is a request for the disclosure of some or all of the following information—
(a) P’s full name;
(b) P’s address (or any of P’s addresses);
(c) P’s date of birth;
(d) P’s national insurance number;
(e) P’s benefit status.
(3) On receiving an information request, the Secretary of State may disclose the information requested to—
(a) the officer who made the request, or
(b) a justices’ clerk specified in the request.
9B Restrictions on disclosure
(1) A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2) A person to whom such information is disclosed commits an offence if the person—
(a) discloses or uses the information, and
(b) the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub- paragraph.
(3) But it is not an offence under sub-paragraph (2)—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(4) It is a defence for a person charged with an offence under sub- paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
(5) A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
9C Paragraphs 9A and 9B: supplementary
(1) This paragraph applies for the purposes of paragraphs 9A and 9B.
(2) “Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
(a) which benefit it is,
(b) where it is already subject to deductions under any enactment, the nature of the deductions concerned, and
(c) the amount received by P by way of the benefit, after allowing for any such deductions.
(3) “Information” means information held in any form.
(4) “Prescribed” means prescribed by regulations made by the Lord Chancellor.
(5) Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.”
PART 3
APPEALS
Appeals by defendant
42 Power to dismiss certain appeals following references by the CCRC: England and Wales
After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—
“Appeals following references by the CCRC
16C 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 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2) Notwithstanding anything in section 2, 13 or 16 of this Act, the Court of Appeal 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, verdict 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 18(3).”
43 Power to dismiss certain appeals following references by the CCRC: Northern Ireland
After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert—
“Appeals following references by the CCRC
13B 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 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2) Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal 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, verdict 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 16(2).”
Appeals by prosecution
44 Determination of prosecution appeals: England and Wales
In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of prosecution appeal by Court of Appeal) for subsection (5) substitute—
“(5) But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).”
45 Determination of prosecution appeals: Northern Ireland
In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/ 1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for paragraph (5) substitute—
“(5) But the Court of Appeal may not make an order under paragraph (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under paragraph (4)(a) or (b).”
Miscellaneous
46 Review of sentence on reference by Attorney General
(1) Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.
(2) For subsection (3A) substitute—
“(3A) Where a reference under this section relates to a case in which the judge made an order specified in subsection (3B), the Court of Appeal shall not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.
(3B) The orders specified in this subsection are—
(a) an order under section 269(2) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence);
(b) an order under section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in relation to discretionary life sentences and certain other sentences).”
(3) In subsection (9) after paragraph (b) insert “, and
(a) the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.”
47 Further amendments relating to appeals in criminal cases
Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in criminal cases.
PART 4
OTHER CRIMINAL JUSTICE PROVISIONS
Alternatives to prosecution
48 Alternatives to prosecution for offenders under 18
(1) Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—
(a) to make provision for the giving of youth conditional cautions to children and young persons, and
(b) to make minor amendments relating to reprimands and warnings under section 65 of that Act.
(2) The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).
49 Protection for spent cautions under Rehabilitation of Offenders Act 1974
(1) Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.
(2) The provisions of Schedule 10 (and this section) extend only to England and Wales.
50 Criminal conviction certificates and criminal record certificates
(1) Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.
(2) In section 112 (criminal conviction certificates)—
(a) in the definition of “central records”, after “convictions” insert “and conditional cautions”;
(b) after that definition insert—
““conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.”
(3) In section 113A(6) (criminal record certificates)—
(a) in the definition of “exempted question”, after “a question” insert “which—
“(a) so far as it applies to convictions, is a question”;
(b) in that definition, at the end insert “; and—
“(b) so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;”;
(c) in the definition of “relevant matter”, after “caution” insert “, including a caution that is spent for the purposes of Schedule 2 to that Act”.
(4) This section extends to England and Wales only.
Bail
51 Bail conditions: electronic monitoring
Schedule 11 makes provision in connection with the electronic monitoring of persons released on bail subject to conditions.
52 Bail for summary offences and certain other offences to be tried summarily
Schedule 12—
(a) imposes a duty on a magistrates’ court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and
(b) amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).
Proceedings in magistrates’ courts
53 Allocation of offences triable either way etc.
Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court).
54 Trial or sentencing in absence of accused in magistrates’ courts
(1) Section 11 of the Magistrates’ Courts Act 1980 (non-appearance of accused) is amended as follows.
(2) In subsection (1), for “the court may proceed in his absence” substitute “—
(a) if the accused is under 18 years of age, the court may proceed in his absence; and
(b) if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so.
This is subject to subsections (2), (2A), (3) and (4).”
(3) After subsection (2) insert—
“(2A) The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear.”
(4) In each of subsections (3) and (4), for “A magistrates’ court” substitute “In proceedings to which this subsection applies, the court.”
(5) After subsection (3) insert—
“(3A) But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court).”
(6) After subsection (4) insert—
“(5) Subsections (3) and (4) apply to—
(a) proceedings instituted by an information, where a summons has been issued; and
(b) proceedings instituted by a written charge.
(6) Nothing in this section requires the court to enquire into the reasons for the accused’s failure to appear before deciding whether to proceed in his absence.
(7) The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings.”
(7) Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.
55 Extension of powers of non-legal staff
(1) Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.
(2) In subsection (2) (powers of designated non-legal staff)—
(a) in paragraph (a)(ii), after “trials” insert “of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over”;
(b) after paragraph (a)(ii) insert—
“(iii) the conduct of applications or other proceedings relating to preventative civil orders;
(iv) the conduct of proceedings (other than criminal proceedings) in, or in connection with, the discharge of functions assigned to the Director under section 3(2)(g) above.”;
(c) for paragraph (b) substitute—
“(b) any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of—
(i) criminal proceedings in magistrates’ courts, or
(ii) applications or proceedings falling within paragraph (a)(iii) or (iv).”
(3) For subsection (5) (interpretation) substitute— “(5) In this section—
“bail in criminal proceedings” has the same meaning as in the Bail Act 1976 (see section 1 of that Act);
“preventative civil orders” means—
(a) orders within section 3(2)(fa) to (fe) above;
(b) orders under section 5 or 5A of the Protection from Harassment Act 1997 (restraining orders); or
(c) orders under section 8 of the Crime and Disorder Act 1998 (parenting orders).
(5A) For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.”
(4) Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).
(5) After subsection (7) insert—
“(8) As from 1 May 2011 nothing in this section confers on persons designated under this section—
(a) any rights of audience, or
(b) any right to conduct litigation,
for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).
(9) As from that date the following provisions of that Act accordingly do not apply to persons designated under this section—
(a) paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and
(b) paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).
(10) The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).
(11) The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.
(12) The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
(6) In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “, 7(1) and 7A”.
Criminal legal aid
56 Provisional grant of right to representation
(1) Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows.
(2) In section 14(1) (representation)—
(a) after “criminal proceedings” insert “and about the provisional grant of a right to representation in prescribed circumstances”;
(b) after “granted” insert “, or provisionally granted,”.
(3) In section 15(1) (selection of representative) after “granted” insert “, or provisionally granted,”.
(4) In section 25(9) (orders, regulations and directions subject to affirmative resolution procedure) for “paragraph 2A” substitute “paragraph 1A, 2A,”.
(5) In section 26 (interpretation) after the definition of “representation” insert— “and, for the purposes of the definition of “representation”, “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation concerned.”
(6) After paragraph 1 of Schedule 3 (individuals to whom right may be granted) insert—
“Individuals to whom right may be provisionally granted
1A (1) Regulations may provide that, in prescribed circumstances, and subject to any prescribed conditions, a right to representation may be provisionally granted to an individual where—
(a) the individual is involved in an investigation which may result in criminal proceedings, and
(b) the right is so granted for the purposes of criminal proceedings that may result from the investigation.
(2) Regulations under sub-paragraph (1) may, in particular, make provision about—
(a) the stage in an investigation at which a right to representation may be provisionally granted;
(b) the circumstances in which a right which has been so granted—
(i) is to become, or be treated as if it were, a right to representation under paragraph 1, or
(ii) is to be, or may be, withdrawn.”
(7) In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of sub-paragraph (1)(b) insert—
“(c) provide that any provisional grant of a right to representation, or any withdrawal of a right so granted, in accordance with regulations under paragraph 1A is to be made by the Commission.”
(8) In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation) after “grant” insert “, or provisional grant,”.
(9) In paragraph 3B of Schedule 3 (financial eligibility)—
(a) in sub-paragraph (1)—
(i) after “grant” insert “, or provisionally grant,”,
(ii) after “granted” insert “, or provisionally granted,”;
(b) in sub-paragraph (2)(a), after “granted” insert “, or provisionally granted,”.
(10) In paragraph 4 of Schedule 3 (appeals) at the end insert—
“This paragraph does not apply in relation to any right to representation granted in accordance with paragraph 1A.”
(11) In paragraph 5 of Schedule 3 (criteria for grant of right)—
(a) in sub-paragraph (1), after “grant” insert “, or provisionally grant,”;
(b) after sub-paragraph (2) insert—
“(2A) For the purposes of sub-paragraph (2), “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation in which the individual is involved.”;
(c) in sub-paragraph (4), after “grant” insert “, or provisional grant,”.
57 Disclosure of information to enable assessment of financial eligibility
(1) The Access to Justice Act 1999 (c. 22) is amended as follows.
(2) In section 25(9) (orders, regulations and directions subject to affirmative resolution procedure), for “or 4” substitute “4 or 6”.
(3) In Schedule 3 (criminal defence service: right to representation), after paragraph 5 insert—
6 “Information requests
(1) The relevant authority may make an information request to—
(a) the Secretary of State, or
(b) the Commissioners,
for the purpose of facilitating the making of a decision by the authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.
(2) An information request made to the Secretary of State is a request for the disclosure of some or all of the following information—
(a) the individual’s full name;
(b) the individual’s address;
(c) the individual’s date of birth;
(d) the individual’s national insurance number;
(e) the individual’s benefit status;
(f) information of any description specified in regulations.
(3) An information request made to the Commissioners is a request for the disclosure of some or all of the following information—
(a) whether or not the individual is employed;
(b) the name and address of the employer (if the individual is employed);
(c) the individual’s national insurance number;
(d) information of any description specified in regulations made with the agreement of the Commissioners.
(4) The information that may be specified under subsection (3)(d) includes, in particular, information relating to the individual’s income (as defined in the regulations) for a period so specified.
(5) On receiving an information request, the Secretary of State or (as the case may be) the Commissioners may disclose the information requested to the relevant authority.
7 Restrictions on disclosure
(1) A person to whom information is disclosed under paragraph 6(5), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the relevant authority about the application of paragraph 3B(1) or (2), or regulations under paragraph 3B(3), in relation to an individual.
(2) A person to whom such information is disclosed commits an offence if the person—
(a) discloses or uses the information, and
(b) the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub- paragraph.
(3) But it is not an offence under sub-paragraph (2)—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(4) It is a defence for a person charged with an offence under sub- paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
(5) A person guilty of an offence under sub-paragraph (2) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.
(6) In sub-paragraph (5)(b) 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.
(7) Nothing in section 20 applies in relation to the disclosure of information to which sub-paragraph (1) applies.
8 Paragraphs 6 and 7: supplementary
(1) This paragraph applies for the purposes of paragraphs 6 and 7.
(2) “Benefit status”, in relation to an individual, means whether or not the individual is in direct or indirect receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
(a) which benefit the individual is so receiving, and
(b) (in prescribed cases) the amount the individual is so receiving by way of the benefit.
(3) “The Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.
(4) “Information” means information held in any form.
(5) Nothing in paragraph 6 or 7 authorises the making of a disclosure which contravenes the Data Protection Act 1998.”
58 Pilot schemes
(1) The Access to Justice Act 1999 (c. 22) is amended as follows.
(2) In section 17A (contribution orders) omit subsection (5) (piloting of regulations).
(3) After section 18 insert—
“18A Pilot schemes
(1) This section applies to the following instruments—
(a) any order under section 14 or paragraph 5 of Schedule 3,
(b) any regulations under section 12, 13, 15, 17 or 17A or any of paragraphs 1A to 5 of Schedule 3, and
(c) any regulations under section 22(5) having effect in relation to the Criminal Defence Service.
(2) Any instrument to which this section applies may be made so as to have effect for a specified period not exceeding 12 months.
(3) But if the Lord Chancellor thinks that it is necessary or expedient for either of the purposes in subsection (4), the period specified in the instrument—
(a) may in the first instance be a period not exceeding 18 months;
(b) may be varied so as to become a period not exceeding 18 months.
(4) The purposes are—
(a) ensuring the effective operation of the instrument;
(b) co-ordinating the operation of the instrument with the operation of any other provision made under an enactment relating to any aspect of the criminal justice system.
(5) The period for the time being specified in an instrument to which this section applies may also be varied so that the instrument has effect for such further period as the Lord Chancellor thinks necessary for the purpose of securing that it remains in operation until the coming into force of any order or regulations made under the same provision of this Act that will have effect—
(a) generally, or
(b) for purposes wider than those for which the instrument has effect.
(6) In the following provisions of this section “pilot scheme” means any instrument which, in accordance with subsections (2) to (5), is to have effect for a limited period.
(7) A pilot scheme may provide that its provisions are to apply only in relation to—
(a) one or more specified areas or localities;
(b) one or more specified descriptions of court;
(c) one or more specified offences or descriptions of offence;
(d) one or more specified classes of person;
(e) persons selected—
(i) by reference to specified criteria; or
(ii) on a sampling basis.
(8) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period (or that period as varied under subsection (3)(b) or (5)).
(9) A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.”
(4) In section 25 (regulations, orders and directions) after subsection (9A) insert—
“(9B) No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.”
Miscellaneous
59 SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc.
(1) The Criminal Justice Act 1987 (c. 38) is amended as follows.
(2) After section 2 insert—
“2A Director’s pre-investigation powers in relation to bribery and corruption: foreign officers etc
(1) The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 in a case where it appears to him that conduct to which this section applies may have taken place.
(2) But—
(a) the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and
(b) the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.
(3) Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—
(a) the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,
(b) the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and
(c) any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.
(4) Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.
(5) This section applies to any conduct which, as a result of section 108 of the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: foreign officers etc), constitutes a corruption offence (wherever committed).
(6) The following are corruption offences for the purposes of this section—
(a) any common law offence of bribery;
(b) the offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office); and
(c) the offences under section 1 of the Prevention of Corruption Act 1906 (corrupt transactions with agents).”
(3) In section 17 (extent)—
(a) in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “sections 2 and 2A”; and
(b) in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “, 2A”.
60 Contents of an accused’s defence statement
(1) In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—
“(ca) setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence,”.
(2) In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “(or any particular of any matter of fact)”.
61 Compensation for miscarriages of justice
(1) The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.
(2) Section 133 (compensation for miscarriages of justice) is amended as follows.
(3) At the end of subsection (2) (compensation only payable if application for compensation is made) 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.
(2A) 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 (4A) substitute—
“(4A) Section 133A applies in relation to the assessment of the amount of the compensation.”
(5) After subsection (5) (meaning of “reversed” in relation to a conviction) insert—
“(5A) 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 this section 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.
(5B) In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates’ court by the Crown Court under section 48(2)(b) of the Supreme Court Act 1981.”
(6) In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “and section 133A”.
(7) After section 133 insert—
“133A 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 133 for a miscarriage of justice.
(2) In assessing so much of any compensation payable under section 133 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 suffered as a result of 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 133 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 suffered as a result of 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 133 is to be a nominal amount only.
(5) The total amount of compensation payable to or in respect of a person under section 133 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 133B applies, and
(b) £500,000 in any other case.
(6) The total amount of compensation payable under section 133 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 made by statutory instrument 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.
(8) No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
133B Cases where person has been detained for at least 10 years
(1) For the purposes of section 133A(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 133(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 remanded in custody 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 remanded in custody 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—
“mental health legislation” means—
(a) Part 3 of the Mental Health Act 1983,
(b) Part 3 of the Mental Health (Northern Ireland) Order 1986, or
(c) the provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;
“the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
“remanded in custody” is to be read in accordance with subsections (8) and (9);
“reversed” has the same meaning as in section 133 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.
(8) In relation to England and Wales, “remanded in custody” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.
(9) In relation to Northern Ireland, “remanded in custody” means—
(a) remanded in or committed to custody by an order of a court, or
(b) remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.”
(8) In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “sections 133 to 133B”.
(9) This section extends to England and Wales and Northern Ireland.
62 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998
(1) Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.
(2) The following provisions, namely—
(a) subsection (1), and
(b) the repeal of section 8 of that Act in Part 4 of Schedule 28, extend to England and Wales and Northern Ireland.
PART 5
CRIMINAL LAW
Pornography etc.
63 Possession of extreme pornographic images
(1) It is an offence for a person to be in possession of an extreme pornographic image.
(2) An “extreme pornographic image” is an image which is both—
(a) pornographic, and
(b) an extreme image.
(3) An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(4) Where (as found in the person’s possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
(5) So, for example, where—
(a) an image forms an integral part of a narrative constituted by a series of images, and
(b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
(6) An “extreme image” is an image which—
(a) falls within subsection (7), and
(b) is grossly offensive, disgusting or otherwise of an obscene character.
(7) An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
(a) an act which threatens a person’s life,
(b) an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals,
(c) an act which involves sexual interference with a human corpse, or
(d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
and a reasonable person looking at the image would think that any such person or animal was real.
(8) In this section “image” means—
(a) a moving or still image (produced by any means); or
(b) data (stored by any means) which is capable of conversion into an image within paragraph (a).
(9) In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
(10) Proceedings for an offence under this section may not be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
64 Exclusion of classified films etc.
(1) Section 63 does not apply to excluded images.
(2) An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
(3) But such an image is not an “excluded image” if—
(a) it is contained in a recording of an extract from a classified work, and
(b) it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
(4) Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—
(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
(5) In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—
(a) a defect caused for technical reasons or by inadvertence on the part of any person, or
(b) the inclusion in the recording of any extraneous material (such as advertisements),
is to be disregarded.
(6) Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
(7) In this section—
“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
“classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c. 39);
“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;
“extract” includes an extract consisting of a single image;
“image” and “pornographic” have the same meanings as in section 63; “recording” means any disc, tape or other device capable of storing data
electronically and from which images may be produced (by any
means).
(8) Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.
65 Defences: general
(1) Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
(2) The matters are—
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
(c) that the person—
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
(3) In this section “extreme pornographic image” and “image” have the same meanings as in section 63.
66 Defence: participation in consensual acts
(1) This section applies where—
(a) a person (“D”) is charged with an offence under section 63, and
(b) the offence relates to an image that portrays an act or acts within paragraphs (a) to (c) (but none within paragraph (d)) of subsection (7) of that section.
(2) It is a defence for D to prove—
(a) that D directly participated in the act or any of the acts portrayed, and
(b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c) if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse.
(3) For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
(a) the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
(b) where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.
67 Penalties etc. for possession of extreme pornographic images
(1) This section has effect where a person is guilty of an offence under section 63.
(2) Except where subsection (3) applies to the offence, the offender is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
(3) If the offence relates to an image that does not portray any act within section 63(7)(a) or (b), the offender is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
(4) In subsection (2)(a) or (3)(a) “the relevant period” means—
(a) in relation to England and Wales, 12 months;
(b) in relation to Northern Ireland, 6 months.
68 Special rules relating to providers of information society services
Schedule 14 makes special provision in connection with the operation of section 63 in relation to persons providing information society services within the meaning of that Schedule.
69 Indecent photographs of children: England and Wales
(1) The Protection of Children Act 1978 (c. 37) is amended as follows.
(2) In section 1B(1)(b) (exception for members of the Security Service)—
(a) after “Security Service” insert “or the Secret Intelligence Service”;
(b) for “the Service” substitute “that Service”.
(3) After section 7(4) (meaning of photograph), insert— “(4A) References to a photograph also include—
(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—
(i) which is not itself a photograph or pseudo-photograph, but
(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);
and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.”
(4) In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo- photograph” substitute “an indecent pseudo-photograph”.
70 Indecent photographs of children: Northern Ireland
(1) The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.
(2) In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “an indecent pseudo-photograph”.
(3) After Article 2(2) insert—
“(2A) In this Order, references to a photograph also include—
(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—
(i) which is not itself a photograph or pseudo-photograph, but
(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);
and paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.”
(4) In article 3A(1)(b) (exception for members of the Security Service)—
(a) after “Security Service” insert “or the Secret Intelligence Service”;
(b) for “the Service” substitute “that Service”.
71 Maximum penalty for publication etc. of obscene articles
In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum penalty on indictment for publication etc. of obscene articles) for “three years” substitute “five years”.
Sexual offences
72 Offences committed outside the United Kingdom
(1) For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—
“72 Offences outside the United Kingdom
(1) If—
(a) a United Kingdom national does an act in a country outside the United Kingdom, and
(b) the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,
the United Kingdom national is guilty in that part of the United Kingdom of that sexual offence.
(2) If—
(a) a United Kingdom resident does an act in a country outside the United Kingdom,
(b) the act constitutes an offence under the law in force in that country, and
(c) the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,
the United Kingdom resident is guilty in that part of the United Kingdom of that sexual offence.
(3) If—
(a) a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,
(b) the act constituted an offence under the law in force in that country,
(c) the act, if done in England and Wales or Northern Ireland, would have constituted a sexual offence to which this section applies, and
(d) the person meets the residence or nationality condition at the relevant time,
proceedings may be brought against the person in that part of the United Kingdom for that sexual offence as if the person had done the act there.
(4) The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.
(5) An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.
(6) The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant’s opinion met,
(b) showing the grounds for that opinion, and
(c) requiring the prosecution to prove that it is met.
(7) But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).
(8) In the Crown Court the question whether the condition is met is to be decided by the judge alone.
(9) In this section—
“country” includes territory;
“United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 is a British subject; or
(c) a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is resident in the United Kingdom.
(10) Schedule 2 lists the sexual offences to which this section applies.”
(2) Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.
(3) In paragraph 1 (offences under the law of England and Wales)—
(a) for paragraphs (a) and (b) substitute—
“(a) an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;
(b) an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;”;
(b) in paragraph (c), for “16” substitute “18”; and
(c) in paragraph (d), omit “in relation to a photograph or pseudo- photograph showing a child under 16”.
(4) In paragraph 2 (offences under the law of Northern Ireland)—
(a) in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and
(b) in sub-paragraph (2), for “17” substitute “18”.
73 Grooming and adoption
Schedule 15—
(a) amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.),
(b) amends that Act in relation to adoption, and
(c) amends the Adoption Act 1976 (c. 36) in relation to offences under sections 64 and 65 of the Sexual Offences Act 2003.
Hatred on the grounds of sexual orientation
74 Hatred on the grounds of sexual orientation
Schedule 16—
(a) amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation, and
(b) makes minor amendments of that Part.
Offences relating to nuclear material and nuclear facilities
75 Offences relating to the physical protection of nuclear material and nuclear facilities
(1) Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create—
(a) further offences relating to the physical protection of nuclear material, and
(b) offences relating to the physical protection of nuclear facilities, and makes other amendments to that Act.
(2) Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).
Self-defence etc.
76 Reasonable force for purposes of self-defence etc.
(1) This section applies where in proceedings for an offence—
(a) an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and
(b) the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.
(2) The defences are—
(a) the common law defence of self-defence; and
(b) the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).
(3) The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.
(4) If D claims to have held a particular belief as regards the existence of any circumstances—
(a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
(b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not—
(i) it was mistaken, or
(ii) (if it was mistaken) the mistake was a reasonable one to have made.
(5) But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.
(6) The degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.
(7) In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—
(a) that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
(b) that evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
(8) Subsection (7) is not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).
(9) This section is intended to clarify the operation of the existing defences mentioned in subsection (2).
(10) In this section—
(a) “legitimate purpose” means—
(i) the purpose of self-defence under the common law, or
(ii) the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);
(b) references to self-defence include acting in defence of another person; and
(c) references to the degree of force used are to the type and amount of force used.
Unlawfully obtaining etc. personal data
77 Power to alter penalty for unlawfully obtaining etc. personal data
(1) The Secretary of State may by order provide for a person who is guilty of an offence under section 55 of the Data Protection Act 1998 (c. 29) (unlawful obtaining etc. of personal data) to be liable—
(a) on summary conviction, to imprisonment for a term not exceeding the specified period or to a fine not exceeding the statutory maximum or to both,
(b) on conviction on indictment, to imprisonment for a term not exceeding the specified period or to a fine or to both.
(2) In subsection (1)(a) and (b) “specified period” means a period provided for by the order but the period must not exceed—
(a) in the case of summary conviction, 12 months (or, in Northern Ireland, 6 months), and
(b) in the case of conviction on indictment, two years.
(3) The Secretary of State must ensure that any specified period for England and Wales which, in the case of summary conviction, exceeds 6 months is to be read as a reference to 6 months so far as it relates to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates’ courts from 6 to 12 months for certain offences triable either way).
(4) Before making an order under this section, the Secretary of State must consult—
(a) the Information Commissioner,
(b) such media organisations as the Secretary of State considers appropriate, and
(c) such other persons as the Secretary of State considers appropriate.
(5) An order under this section may, in particular, amend the Data Protection Act 1998.
78 New defence for purposes of journalism and other special purposes
In section 55(2) of the Data Protection Act 1998 (c. 29) (defences against offence of unlawfully obtaining etc. personal data) after “it,” at the end of paragraph
(c) insert—
“(ca) that he acted—
(i) for the special purposes,
(ii) with a view to the publication by any person of any journalistic, literary or artistic material, and
(iii) in the reasonable belief that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest,”.
Blasphemy
79 Abolition of common law offences of blasphemy and blasphemous libel
(1) The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.
(2) In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.
(3) In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.
(4) Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.
PART 6
INTERNATIONAL CO-OPERATION IN RELATION TO CRIMINAL JUSTICE MATTERS
Recognition of financial penalties: requests to other member States
80 Requests to other member States: England and Wales
(1) In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums imposed on conviction) in paragraph 38 (the range of further steps available against defaulters)—
(a) after sub-paragraph (1)(e) insert—
“(f) subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;”, and
(b) after sub-paragraph (3) insert—
“(4) A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—
(a) the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and
(b) it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.
(5) In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.”
(2) The designated officer for a magistrates’ court may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—
(a) a person is required to pay a financial penalty,
(b) the penalty is not paid in full within the time allowed for payment,
(c) there is no appeal outstanding in relation to the penalty,
(d) Schedule 5 to the Courts Act 2003 (c. 39) does not apply in relation to the enforcement of the penalty, and
(e) it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.
(3) For the purposes of subsection (2)(c), there is no appeal outstanding in relation to a financial penalty if—
(a) no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or
(b) such an appeal has been brought but the proceedings on appeal have been concluded.
(4) Where the person required to pay the financial penalty is a body corporate, subsection (2)(e) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.
(5) In this section, “financial penalty” means—
(a) a fine imposed by a court in England and Wales on a person’s conviction of an offence;
(b) any sum payable under a compensation order (within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6));
(c) a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);
(d) any sum payable under any such order as is mentioned in paragraphs 1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (orders for payment of costs);
(e) any sum payable by virtue of section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay fines etc.);
(f) any fine or other sum mentioned in section 82(4)(b)(i) to (iv), or any fine imposed by a court in Scotland, which is enforceable in a local justice area in England and Wales by virtue of section 91 of the Magistrates’ Courts Act 1980 (c. 43);
(g) any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.
81 Procedure on issue of certificate: England and Wales
(1) This section applies where—
(a) a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or 40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate requesting enforcement under the Framework Decision on financial penalties, or
(b) the designated officer for a magistrates’ court has issued such a certificate under section 80(2) of this Act.
(2) The fines officer (in the case of a certificate issued by the officer) or the designated officer for the magistrates’ court (in any other case) must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.
(3) On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.
(4) Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in England and Wales except in accordance with provision made by order by the Lord Chancellor.
(5) Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.
82 Requests to other member States: Northern Ireland
(1) A designated officer of the Northern Ireland Court Service may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—
(a) a person is required to pay a financial penalty,
(b) the penalty is not paid in full within the time allowed for payment,
(c) there is no appeal outstanding in relation to the penalty, and
(d) it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.
(2) For the purposes of subsection (1)(c), there is no appeal outstanding in relation to a financial penalty if—
(a) no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or
(b) such an appeal has been brought but the proceedings on appeal have been concluded.
(3) Where the person required to pay the financial penalty is a body corporate, subsection (1)(d) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.
(4) In this section—
(a) “designated officer of the Northern Ireland Court Service” means a member of the staff of the Northern Ireland Court Service designated by the Lord Chancellor for the purposes of this section;
(b) “financial penalty” means—
(i) a fine imposed by a court in Northern Ireland on a person’s conviction of an offence;
(ii) any sum payable under a compensation order (within the meaning of Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.1994/2795 (N.I.15));
(iii) any sum payable under an order made under section 2(1), 4(1) or 5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
(iv) any sum payable by virtue of Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.
9) (orders requiring parents to pay fines etc.);
(v) any fine or other sum mentioned in section 80(5)(a) to (e), or any fine imposed by a court in Scotland, which is enforceable in a petty sessions district in Northern Ireland by virtue of Article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26));
(vi) any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.
83 Procedure on issue of certificate: Northern Ireland
(1) This section applies where a designated officer has issued a certificate under section 82(1).
(2) The designated officer must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.
(3) On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.
(4) Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in Northern Ireland except in accordance with provision made by order by the Lord Chancellor.
(5) Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.
Recognition of financial penalties: requests from other member States
84 Requests from other member States: England and Wales
(1) This section applies where—
(a) the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
(i) a certificate requesting enforcement under the Framework Decision on financial penalties, and
(ii) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
(b) the financial penalty is suitable for enforcement in England and Wales (see section 91(1)).
(2) If the certificate states that the person required to pay the financial penalty is normally resident in England and Wales, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for the local justice area in which it appears that the person is normally resident.
(3) Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for such local justice area as appears appropriate.
(4) Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the designated officer a notice—
(a) stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and
(b) giving reasons for that opinion.
(5) Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the local justice area in which it appears that the person is normally resident were a reference to the local justice area in which it appears that the person has its registered office.
(6) Where—
(a) the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and
(b) without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,
this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.
85 Procedure on receipt of certificate by designated officer
(1) This section applies where the Lord Chancellor gives the designated officer for a local justice area—
(a) a certificate requesting enforcement under the Framework Decision on financial penalties,
(b) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
(c) a notice under section 84(4).
(2) The designated officer must refer the matter to a magistrates’ court acting for that area.
(3) The magistrates’ court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).
(4) The designated officer must inform the Lord Chancellor of the decision of the magistrates’ court.
(5) Subsection (6) applies unless the magistrates’ court is satisfied that one or more of the grounds for refusal apply.
(6) The enactments specified in subsection (7) apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates’ court on the date when the court made the decision mentioned in subsection (4).
(7) The enactments specified in this subsection are—
(a) Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and enforcement);
(b) Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc. and discharge of fines etc. by unpaid work);
(c) any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under the enactments specified in paragraphs (a) and (b).
(8) If the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid, the reference in subsection (6) to the financial penalty is to be read as a reference to such part of the penalty as remains unpaid.
86 Modification of Magistrates’ Courts Act 1980
(1) Section 90 of the Magistrates’ Courts Act 1980 is modified as follows in its application to financial penalties by virtue of section 85(6) of this Act.
(2) Subsection (1) applies as if for the words from “he is residing” to the end of that subsection there were substituted “he is residing, or has property or a source of income, in any petty sessions district in Northern Ireland—
(a) the court or the fines officer (as the case may be) may order that payment of the sum shall be enforceable in that petty sessions district, and
(b) if such an order is made, the court or the fines officer must notify the Lord Chancellor.”
87 Requests from other member States: Northern Ireland
(1) This section applies where—
(a) the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
(i) a certificate requesting enforcement under the Framework Decision on financial penalties, and
(ii) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
(b) the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).
(2) If the certificate states that the person required to pay the financial penalty is normally resident in Northern Ireland, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for the petty sessions district in which it appears that the person is normally resident.
(3) Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for such petty sessions district as appears appropriate.
(4) Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the clerk of petty sessions a notice—
(a) stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and
(b) giving reasons for that opinion.
(5) Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the petty sessions district in which it appears that the person is normally resident were a reference to the petty sessions district in which it appears that the person has its registered office.
(6) Where—
(a) the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and
(b) without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,
this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.
88 Procedure on receipt of certificate by clerk of petty sessions
(1) This section applies where the Lord Chancellor gives the clerk of petty sessions for a petty sessions district—
(a) a certificate requesting enforcement under the Framework Decision on financial penalties,
(b) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
(c) a notice under section 87(4).
(2) The clerk must refer the matter to a magistrates’ court acting for the petty sessions district.
(3) The magistrates’ court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).
(4) The clerk must inform the Lord Chancellor of the decision of the magistrates’ court.
(5) Subsection (6) applies unless the magistrates’ court is satisfied that one or more of the grounds for refusal apply.
(6) Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)), and any instrument made under that Part, apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates’ court on the date when the court made the decision mentioned in subsection (4).
(7) If the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid, the reference in subsection (6) to the financial penalty is to be read as a reference to such part of the penalty as remains unpaid.
89 Modification of Magistrates’ Courts (Northern Ireland) Order 1981
(1) Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 is modified as follows in its application to financial penalties by virtue of section 88(6) of this Act.
(2) Article 92 applies in relation to any financial penalty for an amount exceeding
£20,000 as if for paragraph (5) there were substituted—
“(5) The period for which a person may be committed to prison under this Article in default of payment or levy of any sum or part of such sum shall not exceed the maximum period which the Crown Court could have fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 had the financial penalty been a fine imposed by the Crown Court.”
(3) For the purposes of subsection (2), if the amount of a financial penalty is specified in a currency other than sterling, that amount must be converted to sterling by reference to the London closing exchange rate on the relevant date.
(4) In subsection (3), the “relevant date” means the date on which the decision imposing the financial penalty was made.
(5) Article 95 applies as if for the words from “he is residing” in paragraph (1) to the end of that paragraph there were substituted “he is residing, or has property or a source of income, in any local justice area in England and Wales—
(a) the court may order that payment of the sum shall be enforceable in that local justice area, and
(b) if such an order is made, the court must notify the Lord Chancellor.”
90 Transfer of certificates to central authority for Scotland
(1) This section applies where—
(a) the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
(i) a certificate requesting enforcement under the Framework Decision on financial penalties, and
(ii) the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, but
(b) the Lord Chancellor is not required by section 84 or 87 to give the documents to a designated officer for a local justice area in England and Wales or to a clerk of petty sessions for a petty sessions district in Northern Ireland.
(2) If the certificate states that the person is normally resident or has property or a source of income in Scotland, the Lord Chancellor must give the documents to the central authority for Scotland.
Recognition of financial penalties: miscellaneous
91 Recognition of financial penalties: general
(1) Schedule 18 specifies when a financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1) and when a financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).
(2) Schedule 19 specifies the grounds for refusal for the purposes of sections 84(4)(a), 85(3) and (5), 87(4)(a) and 88(3) and (5).
(3) The Lord Chancellor may by order make further provision for or in connection with giving effect to the Framework Decision on financial penalties.
(4) An order under section 81(4), 83(4) or subsection (3) of this section may in particular modify, amend, repeal or revoke any provision of—
(a) any Act (including this Act and any Act passed in the same Session as this Act);
(b) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act;
(c) Northern Ireland legislation passed, or made, before the passing of this Act;
(d) any instrument made, before the passing of this Act, under Northern Ireland legislation.
92 Interpretation of sections 80 to 91 etc.
(1) In sections 80 to 91 and Schedules 18 and 19—
“central authority”, in relation to a member State other than the United Kingdom, means an authority designated by the State as a central authority for the purposes of the Framework Decision on financial penalties;
“central authority for Scotland” means the person or body which, by virtue of an order under section 56 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (recognition of EU financial penalties), acts as the central authority in relation to Scotland for the purposes of the Framework Decision;
“competent authority”, in relation to a member State, means an authority designated by the State as a competent authority for the purposes of that Decision;
“the Framework Decision on financial penalties” means the Framework Decision of the Council of the European Union made on 24 February 2005 on the application of the principle of mutual recognition to financial penalties (2005/214/JHA).
(2) In sections 84 to 91 and Schedules 18 and 19—
“decision” has the meaning given by Article 1 of the Framework Decision on financial penalties (except in sections 85(4) and 88(4));
“financial penalty” has the meaning given by that Article.
(3) References in sections 80 to 91 to a certificate requesting enforcement under the Framework Decision on financial penalties are references to such a certificate as is provided for by Article 4 of that Decision.
Repatriation of prisoners
93 Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom
In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—
“(1) The effect of a warrant under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—
(a) the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or
(b) the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person.
(1A) In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.”
94 Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister
After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—
“Transfer of responsibility for detention and release of offender present outside the country or territory in which he is required to be detained
4A Issue of warrant transferring responsibility for detention and release of offender
(1) This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands.
(2) A person falls within this subsection if that person—
(a) is a person to whom section 1(7) applies by virtue of—
(i) an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or
(ii) any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and
(b) is present in a country or territory outside the British Islands.
(3) A person falls within this subsection if that person—
(a) is a person to whom section 1(7) applies by virtue of —
(i) an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or
(ii) any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and
(b) is present in the United Kingdom.
(4) Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7).
(5) Subject to the following provisions of this section, where—
(a) the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of responsibility for the detention and release of persons to whom subsection (2) or (3) applies,
(b) the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and
(c) in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person’s consent, that consent has been given,
the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from that Minister (where subsection (2) applies) or to that Minister (where subsection (3) applies).
(6) The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless—
(a) that person is a British citizen;
(b) the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom.
(7) The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place.
(8) The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language—
(a) of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release;
(b) of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section;
(c) in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release;
(d) in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and
(e) of the powers of the relevant Minister under section 6;
and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant.
(9) A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3).
(10) In this section “relevant Minister” means—
(a) the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is—
(i) a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or
(ii) a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland;
(b) the Secretary of State, in any other case.
4B Transfer of responsibility from the United Kingdom
(1) The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present.
(2) Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained.
(3) If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction—
(a) varying the order referred to in subsection (2); or
(b) providing for the order to cease to have effect.
(4) In subsection (3) “relevant Minister” means—
(a) the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and
(b) the Secretary of State in any other case.
(5) The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction—
(a) to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and
(b) to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b).
(6) Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person—
(a) at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and
(b) if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect.
(7) In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6).
(8) References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.
4C Transfer of responsibility to the United Kingdom
(1) The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise—
(a) the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and
(b) the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred.
(2) A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say—
(a) it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and
(b) it is a provision which at the time the warrant is issued may be contained in an order made either—
(i) in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or
(ii) otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i).
(3) Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person’s case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom.
(4) Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph
(i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).
(5) A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a).
(6) Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section.
(7) Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A.
(8) For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both—
(a) any requirement that certain conditions must be satisfied before the order is made; and
(b) any restriction on the minimum period in respect of which the order may be made.”
95 Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984
After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by bsection 94) insert—
“Persons believed to fall within section 4A(3): powers of arrest and detention
4D Arrest and detention with a view to establishing whether a person falls within section 4A(3) etc.
(1) The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—
(a) considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and
(b) has requested written confirmation from the country or territory concerned of the details of that person’s case.
(2) The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
(3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
(4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).
(5) A person arrested under this section shall, as soon as is practicable—
(a) be given a copy of the warrant for his arrest; and
(b) be brought before the appropriate judge.
(6) The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.
(7) The purpose of an order under subsection (6) is to secure the detention of the person concerned while—
(a) written confirmation is obtained from a representative of the country or territory concerned of the details of his case;
(b) it is established whether he is a person falling within section 4A(3); and
(c) any application for an order under section 4E(6) is made in respect of him.
(8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
(9) Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.
(10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.
4E Arrest and detention with a view to determining whether to issue a warrant under section 4A
(1) The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—
(a) considers that a person in the United Kingdom is a person falling within section 4A(3), and
(b) has received written confirmation from a representative of the country or territory concerned of the details of that person’s case;
and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.
(2) The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
(3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
(4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).
(5) A person arrested under this section shall, as soon as is practicable—
(a) be given a copy of the warrant for his arrest; and
(b) be brought before the appropriate judge.
(6) The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who—
(a) is the subject of a certificate under this section, and
(b) the judge is satisfied is a person falling within section 4A(3), shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.
(7) The purpose of an order under subsection (6) is to secure the detention of the person concerned until—
(a) it is determined whether to issue a warrant under section 4A; and
(b) if so determined, such a warrant is issued.
(8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
(9) Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.
(10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.
4F Sections 4D and 4E: supplementary provisions
(1) This section has effect for the purposes of sections 4D and 4E.
(2) A “designated person” is a person designated by the Secretary of State or the Scottish Ministers.
(3) The appropriate judge is—
(a) in England and Wales, any District Judge (Magistrates’ Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;
(b) in Scotland, the sheriff of Lothian and Borders; and
(c) in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.
(4) A designation under subsection (2) or (3)(a) or (c) may be made—
(a) for the purposes of section 4D or 4E (or both); and
(b) for all cases or only for cases (or cases of a description) specified in the designation.
(5) A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.”
96 Amendments relating to Scotland
(1) The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c.48) (which amend the requirement for the prisoner’s consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.
(2) In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995”.
(3) In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—
““enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;”.
Mutual legal assistance in revenue matters
97 Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation
(1) In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—
(a) in paragraph (a), for “Commissioners of Customs and Excise” substitute “Commissioners for Revenue and Customs”; and
(b) in paragraph (b), for “a customs officer” substitute “an officer of Revenue and Customs”.
(2) Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.
PART 7 VIOLENT OFFENDER ORDERS
Violent offender orders
98 Violent offender orders
(1) A violent offender order is an order made in respect of a qualifying offender which—
(a) contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and
(b) has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).
(2) For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—
(a) the public in the United Kingdom, or
(b) any particular members of the public in the United Kingdom, from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.
(3) In this Part “specified offence” means—
(a) manslaughter;
(b) an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);
(c) an offence under section 18 of that Act (wounding with intent to cause grievous bodily harm);
(d) an offence under section 20 of that Act (malicious wounding);
(e) attempting to commit murder or conspiracy to commit murder; or
(f) a relevant service offence.
(4) The following are relevant service offences—
(a) any offence under—
(i) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(ii) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
(iii) section 42 of the Naval Discipline Act 1957 (c. 53), of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and
(b) any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.
(5) Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).
99 Qualifying offenders
(1) In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).
(2) A person is within this subsection if (whether before or after the commencement of this Part)—
(a) the person has been convicted of a specified offence and either—
(i) a custodial sentence of at least 12 months was imposed for the offence, or
(ii) a hospital order was made in respect of it (with or without a restriction order),
(b) the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or
(c) the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.
(3) This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—
(a) a hospital order (with or without a restriction order), or
(b) a supervision order.
(4) A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—
(a) the person has been convicted of a relevant offence and either—
(i) a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or
(ii) an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,
(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or
(c) such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).
(5) In subsection (4) “relevant offence” means an act which—
(a) constituted an offence under the law in force in the country concerned, and
(b) would have constituted a specified offence if it had been done in England and Wales.
(6) An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.
(7) Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—
(a) denying that, on the facts as alleged with respect to the act in question, the condition is met,
(b) giving the reasons for denying that it is met, and
(c) requiring the applicant to prove that it is met.
(8) If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).
100 Applications for violent offender orders
(1) A chief officer of police may by complaint to a magistrates’ court apply for a violent offender order to be made in respect of a person—
(a) who resides in the chief officer’s police area, or
(b) who the chief officer believes is in, or is intending to come to, that area, if it appears to the chief officer that the conditions in subsection (2) are met.
(2) The conditions are—
(a) that the person is a qualifying offender, and
(b) that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.
(3) An application under this section may be made to any magistrates’ court whose commission area includes—
(a) any part of the applicant’s police area, or
(b) any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).
(4) The Secretary of State may by order make provision—
(a) for applications under this section to be made by such persons or bodies as are specified or described in the order;
(b) specifying cases or circumstances in which applications may be so made;
(c) for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.
(5) In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.
101 Making of violent offender orders
(1) This section applies where an application is made to a magistrates’ court under section 100 in respect of a person (“P”).
(2) After hearing—
(a) the applicant, and
(b) P, if P wishes to be heard,
the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.
(3) The conditions are—
(a) that P is a qualifying offender, and
(b) that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.
(4) When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.
(5) A violent offender order may not be made so as to come into force at any time when P—
(a) is subject to a custodial sentence imposed in respect of any offence,
(b) is on licence for part of the term of such a sentence, or
(c) is subject to a hospital order or a supervision order made in respect of any offence.
(6) But such an order may be applied for, and made, at such a time.
102 Provisions that orders may contain
(1) A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—
(a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);
(b) from attending any specified event;
(c) from having any, or any specified description of, contact with any specified individual.
(2) Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).
(3) The Secretary of State may by order amend subsection (1).
(4) In this section “specified” means specified in the violent offender order concerned.
103 Variation, renewal or discharge of violent offender orders
(1) A person within subsection (2) may by complaint apply to the appropriate magistrates’ court—
(a) for an order varying or discharging a violent offender order;
(b) for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.
(2) The persons are—
(a) the offender,
(b) the chief officer of police who applied for the order,
(c) (if different) the chief officer of police for the area in which the offender resides, and
(d) (if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.
(3) The “appropriate magistrates’ court” means the magistrates’ court that made the order or (if different)—
(a) a magistrates’ court for the area in which the offender resides, or
(b) where the application under this section is made by a chief officer of police, any magistrates’ court whose commission area includes any part of the chief officer’s police area.
(4) On an application under this section the appropriate magistrates’ court may, after hearing—
(a) the applicant, and
(b) any other persons mentioned in subsection (2) who wish to be heard, make such order varying, renewing or discharging the violent offender order as the court considers appropriate.
But this is subject to subsections (5) to (7).
(5) A violent offender order may only be—
(a) renewed, or
(b) varied so as to impose additional prohibitions, restrictions or conditions on the offender,
if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).
(6) References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.
(7) The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—
(a) where the application under this section is made by a chief officer of police, by that chief officer, or
(b) where the application is made by the offender, by the chief officer of police for the area in which the offender resides.
104 Interim violent offender orders
(1) This section applies where an application under section 100 (“the main application”) has not yet been determined.
(2) An application for an order under this section (“an interim violent offender order”) may be made—
(a) by the complaint by which the main application is made, or
(b) if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.
(3) If it appears to the court—
(a) that the person to whom the main application relates (“P”) is a qualifying offender,
(b) that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and
(c) that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,
the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.
(4) The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.
(5) But an interim violent offender order may not be made so as to come into force at any time when the person—
(a) is subject to a custodial sentence for any offence,
(b) is on licence for part of the term of such a sentence, or
(c) is subject to a hospital order or a supervision order made in respect of any offence.
(6) An interim violent offender order—
(a) has effect only for such period as is specified in the order, and
(b) ceases to have effect (if it has not already done so) at the appropriate time.
(7) “The appropriate time” means—
(a) if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;
(b) if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.
(8) Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).
105 Notice of applications
(1) This section applies to—
(a) any application under section 100 for a violent offender order,
(b) any application under section 104 for an interim violent offender order, and
(c) any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.
(2) A magistrates’ court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—
(a) the application, and
(b) the time and place of the hearing, a reasonable time before the hearing.
(3) In this section “the relevant person” means—
(a) the person to whom the application mentioned in subsection (1)(a) or
(b) relates, or
(b) the person in respect of whom the order mentioned in subsection (1)(c) has been made,
as the case may be.
106 Appeals
(1) A person in respect of whom—
(a) a violent offender order, or
(b) an interim violent offender order,
has been made may appeal to the Crown Court against the making of the order.
(2) Such a person may also appeal to the Crown Court against—
(a) the making of an order under section 103, or
(b) any refusal to make such an order.
(3) On an appeal under this section, the Crown Court—
(a) may make such orders as may be necessary to give effect to its determination of the appeal; and
(b) may also make such incidental or consequential orders as appear to it to be just.
(4) For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.
Notification requirements
107 Offenders subject to notification requirements
(1) References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—
(a) a violent offender order, or
(b) an interim violent offender order, which is in force under this Part.
(2) Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).
108 Notification requirements: initial notification
(1) An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—
(a) the violent offender order, or
(b) the interim violent offender order,
comes into force in relation to the offender (“the relevant date”).
(2) The “required information” is the following information about the offender—
(a) date of birth;
(b) national insurance number;
(c) name on the relevant date or, if the offender used two or more names on that date, each of those names;
(d) home address on the relevant date;
(e) name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;
(f) home address on the date on which the notification is given;
(g) the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;
(h) any prescribed information.
(3) In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
(4) When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—
(a) remanded in or committed to custody by an order of a court or kept in service custody;
(b) serving a sentence of imprisonment or a term of service detention;
(c) detained in a hospital; or
(d) outside the United Kingdom.
(5) In this Part “home address” means in relation to the offender—
(a) the address of the offender’s sole or main residence in the United Kingdom, or
(b) if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.
109 Notification requirements: changes
(1) An offender subject to notification requirements must notify to the police—
(a) the required new information, and
(b) the information mentioned in section 108(2),
within the period of 3 days beginning with the date on which any notifiable event occurs.
(2) A “notifiable event” means—
(a) the use by the offender of a name which has not been notified to the police under section 108 or this section;
(b) any change of the offender’s home address;
(c) the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,
(d) any prescribed change of circumstances, or
(e) the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.
(3) The “required new information” is—
(a) the name referred to in subsection (2)(a),
(b) the new home address (see subsection (2)(b)),
(c) the address of the premises referred to in subsection (2)(c),
(d) the prescribed details, or
(e) the fact that the offender has been released as mentioned in subsection (2)(e),
as the case may be.
(4) A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.
(5) If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
(6) If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
(a) the notification does not affect the duty imposed by subsection (1), and
(b) the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
(7) Section 108(4) applies to the determination of—
(a) any period of 3 days for the purposes of subsection (1), or
(b) any period of 6 days for the purposes of subsection (6),
as it applies to the determination of the period of 3 days mentioned in section 108(1).
(8) In this section—
(a) “prescribed change of circumstances” means any change—
(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and
(ii) of a description prescribed by regulations made by the Secretary of State;
(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
(9) In this section “qualifying period” means—
(a) a period of 7 days, or
(b) two or more periods, in any period of 12 months, which taken together amount to 7 days.
110 Notification requirements: periodic notification
(1) An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.
(2) A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection
(1) above.
(3) Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.
(4) This subsection applies if the offender is—
(a) remanded in or committed to custody by an order of a court or kept in service custody,
(b) serving a sentence of imprisonment or a term of service detention,
(c) detained in a hospital, or
(d) outside the United Kingdom.
(5) In this section “the applicable period” means—
(a) in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and
(b) in any other case, the period of one year.
(6) This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).
(7) Nothing in this section applies to an offender who is subject to an interim violent offender order.
111 Notification requirements: travel outside United Kingdom
(1) The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—
(a) requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);
(b) requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
(2) A notification under this subsection must disclose—
(a) the date on which the offender proposes to leave the United Kingdom;
(b) the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;
(c) any other information prescribed by the regulations which the offender holds about the offender’s departure from or return to the United Kingdom, or about the offender’s movements while outside the United Kingdom.
(3) A notification under this subsection must disclose any information prescribed by the regulations about the offender’s return to the United Kingdom.
112 Method of notification and related matters
(1) An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—
(a) attending at any police station in the offender’s local police area, and
(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
(2) An offender giving a notification under section 109(1)—
(a) in relation to a prospective change of home address, or
(b) in relation to such premises as are mentioned in section 109(2)(c),
may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender’s home address.
(3) Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—
(a) in writing, and
(b) in such form as the Secretary of State may direct.
(4) Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—
(a) take the offender’s fingerprints,
(b) photograph any part of the offender, or
(c) do both of those things,
in order to verify the offender’s identity.
(5) In this section—
“local police area”, in relation to the offender, means—
(a) the police area in England and Wales in which the home address is situated,
(b) in the absence of a home address in England and Wales, the police area in England and Wales in which the home address last notified is situated, or
(c) in the absence of such a home address and any such notification, the police area in which the court that made the violent offender order (or, as the case may be, the interim violent offender order) is situated;
“photograph” includes any process by means of which an image may be produced.
Supplementary
113 Offences
(1) If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—
(a) a violent offender order, or
(b) an interim violent offender order, the person commits an offence.
(2) If a person fails, without reasonable excuse, to comply with— (a) section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or
(b) any requirement imposed by regulations made under section 111(1), the person commits an offence.
(3) If a person notifies to the police, in purported compliance with— (a) section 108(1), 109(1) or 110(1), or
(b) any requirement imposed by regulations made under section 111(1), any information which the person knows to be false, the person commits an offence.
(4) As regards an offence under subsection (2), so far as it relates to non- compliance with—
(a) section 108(1), 109(1) or 110(1), or
(b) any requirement imposed by regulations made under section 111(1),
a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.
(5) But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
(7) In subsection (6)(a) “the relevant period” means—
(a) in relation to England and Wales and Scotland, 12 months;
(b) in relation to Northern Ireland, 6 months.
(8) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.
114 Supply of information to Secretary of State etc.
(1) This section applies to information notified to the police under section 108(1), 109(1) or 110(1).
(2) A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
(a) the Secretary of State, or
(b) a person providing services to the Secretary of State in connection with a relevant function,
for use for the purpose of verifying the information.
(3) In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—
(a) checking its accuracy by comparing it with information held—
(i) where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or
(ii) where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and
(b) compiling a report of that comparison.
(4) Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).
(5) This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).
(6) This section does not affect any power to supply information that exists apart from this section.
(7) In this section “relevant function” means—
(a) a function relating to social security, child support, employment or training,
(b) a function relating to passports, or
(c) a function under Part 3 of the Road Traffic Act 1988 (c. 52).
115 Supply of information by Secretary of State etc.
(1) A report compiled under section 114 may be supplied to a chief officer of police by—
(a) the Secretary of State, or
(b) a person within section 114(2)(b).
(2) Such a report may contain any information held—
(a) by the Secretary of State in connection with the exercise of a relevant function, or
(b) by a person within section 114(2)(b) in connection with the provision of services as mentioned there.
(3) Where such a report contains information within subsection (2), the chief officer to whom it is supplied—
(a) may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and
(b) may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
(4) Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.
116 Information about release or transfer
(1) This section applies to an offender subject to notification requirements who is—
(a) serving a sentence of imprisonment or a term of service detention, or
(b) detained in a hospital.
(2) The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—
(a) of the fact that that person has become responsible for the offender; and
(b) of any occasion when—
(i) the offender is released, or
(ii) a different person is to become responsible for the offender.
(3) In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.
(4) The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.
117 Interpretation of Part 7
(1) In this Part—
“the appropriate date” has the meaning given by section 100(5); “country” includes territory;
“custodial sentence” means—
(a) a sentence of imprisonment, any other sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any earlier enactment, or
(b) a relevant service sentence (see subsection (2) below); “home address” has the meaning given by section 108(5); “hospital order” means—
(a) an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or
(b) any other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;
“interim violent offender order” means an order made under section 104; “kept in service custody” means kept in service custody by virtue of an
order under section 105(2) of the Armed Forces Act 2006 (c. 52);
“the offender”, in relation to a violent offender order or an interim violent offender order, means the person in respect of whom the order is made;
“qualifying offender” has the meaning given by section 99(1); “restriction order” means an order under section 41 of the Mental Health
Act 1983 or section 65 of the Mental Health Act 1959;
“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;
“specified offence” has the meaning given by section 98(3); “supervision order” means—
(a) a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), or
(b) a supervision and treatment order within the meaning of Schedule 2 to that Act;
“violent offender order” has the meaning given by section 98(1).
(2) The following are relevant service sentences—
(a) a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
(b) a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;
(c) a sentence under a custodial order within the meaning of—
(i) section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or
(ii) section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;
(d) a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).
(3) References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).
(4) References in this Part to a finding of the kind mentioned in section 99(2)(b) or
(c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.
(5) References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.
(6) The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—
“detained in a hospital” (see sections 133 and 135 of that Act); “sentence of imprisonment” (see section 131 of that Act);
and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.
PART 8 ANTI-SOCIAL BEHAVIOUR
Premises closure orders
118 Closure orders: premises associated with persistent disorder or nuisance
Schedule 20 inserts a new Part 1A into the Anti-social Behaviour Act 2003 (c. 38) which makes provision about the issue of closure notices and the making of closure orders in respect of premises associated with persistent disorder or nuisance.
Nuisance or disturbance on hospital premises
119 Offence of causing nuisance or disturbance on NHS premises
(1) A person commits an offence if—
(a) the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
(b) the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
(c) the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) For the purposes of this section—
(a) a person ceases to be on NHS 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 NHS 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 section—
“English NHS premises” means—
(a) any hospital vested in, or managed by, a relevant English NHS body,
(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, a relevant English NHS body), and
(c) the hospital grounds,
“hospital grounds” means land in the vicinity of a hospital and associated with it,
“NHS premises” means English NHS premises or Welsh NHS premises, “NHS staff member” means a person employed by a relevant English
NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),
“relevant English NHS body” means—
(a) a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England,
(b) a Primary Care Trust (see section 18 of that Act), or
(c) an NHS foundation trust (see section 30 of that Act), “relevant Welsh NHS body” means—
(a) a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, or
(b) a Local Health Board (see section 11 of that Act), “vehicle” includes an air ambulance,
“Welsh NHS premises” means—
(a) any hospital vested in, or managed by, a relevant Welsh NHS body,
(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, a relevant Welsh NHS body), and
(c) the hospital grounds.
120 Power to remove person causing nuisance or disturbance
(1) If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.
(2) If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—
(a) remove the person from the NHS premises concerned, or
(b) authorise an appropriate NHS staff member to do so.
(3) Any person removing another person from NHS premises under this section may use reasonable force (if necessary).
(4) An authorised officer cannot remove a person under this section 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 section—
“appropriate NHS staff member”—
(a) in relation to English NHS premises, means an English NHS staff member, and
(b) in relation to Welsh NHS premises, means a Welsh NHS staff member,
“authorised officer”—
(a) in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, and
(b) in relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises,
“English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),
“Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).
(6) Terms defined in section 119 have the same meaning in this section as in that section.
121 Guidance about the power to remove etc.
(1) The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.
(2) Such guidance may, in particular, relate to—
(a) the authorisation by relevant NHS bodies of authorised officers,
(b) the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,
(c) training requirements for authorised officers and persons authorised by them to remove persons under section 120,
(d) matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,
(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 section 120,
(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 NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or
(i) the keeping of records.
(3) Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.
(4) A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.
(5) In this section—
“appropriate national authority”—
(a) in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and
(b) in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers,
“appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120,
“relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.
(6) Terms defined in section 119 have the same meaning in this section as in that section.
122 Nuisance or disturbance on HSS premises
Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.
Anti-social behaviour orders etc. in respect of children and young persons
123 Review of anti-social behaviour orders etc.
(1) In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and disorder) after section 1I insert—
“1J Review of orders under sections 1, 1B and 1C
(1) This section applies where—
(a) an anti-social behaviour order,
(b) an order under section 1B, or
(c) an order under section 1C,
has been made in respect of a person under the age of 17.
(2) If—
(a) the person subject to the order will be under the age of 18 at the end of a period specified in subsection (3) (a “review period”), and
(b) the term of the order runs until the end of that period or beyond, then before the end of that period a review of the operation of the order shall be carried out.
(3) The review periods are—
(a) the period of 12 months beginning with—
(i) the day on which the order was made, or
(ii) if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them);
(b) a period of 12 months beginning with—
(i) the day after the end of the previous review period, or
(ii) if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them).
(4) In subsection (3) “supplemental order” means—
(a) a further order varying the order in question;
(b) an individual support order made in relation to the order in question on an application under section 1AA(1A).
(5) Subsection (2) does not apply in relation to any review period if the order is discharged before the end of that period.
(6) A review under this section shall include consideration of—
(a) the extent to which the person subject to the order has complied with it;
(b) the adequacy of any support available to the person to help him comply with it;
(c) any matters relevant to the question whether an application should be made for the order to be varied or discharged.
(7) Those carrying out or participating in a review under this section shall have regard to any guidance issued by the Secretary of State when considering—
(a) how the review should be carried out;
(b) what particular matters should be dealt with by the review;
(c) what action (if any) it would be appropriate to take in consequence of the findings of the review.
1K Responsibility for, and participation in, reviews under section 1J
(1) A review under section 1J of an anti-social behaviour order or an order under section 1B shall be carried out by the relevant authority that applied for the order.
(2) A review under section 1J of an order under section 1C shall be carried out—
(a) (except where paragraph (b) applies) by the appropriate chief officer of police;
(b) where a relevant authority is specified under section 1C(9ZA), by that authority.
(3) A local authority, in carrying out a review under section 1J, shall act in co-operation with the appropriate chief officer of police; and it shall be the duty of that chief officer to co-operate in the carrying out of the review.
(4) The chief officer of police of a police force, in carrying out a review under section 1J, shall act in co-operation with the appropriate local authority; and it shall be the duty of that local authority to co-operate in the carrying out of the review.
(5) A relevant authority other than a local authority or chief officer of police, in carrying out a review under section 1J, shall act in co- operation with—
(a) the appropriate local authority, and
(b) the appropriate chief officer of police;
and it shall be the duty of that local authority and that chief officer to co-operate in the carrying out of the review.
(6) A chief officer of police or other relevant authority carrying out a review under section 1J may invite the participation in the review of a person or body not required by subsection (3), (4) or (5) to co-operate in the carrying out of the review.
(7) In this section—
“the appropriate chief officer of police” means the chief officer of police of the police force maintained for the police area in which the person subject to the order resides or appears to reside;
“the appropriate local authority” means the council for the local government area (within the meaning given in section 1(12)) in which the person subject to the order resides or appears to reside.”
(2) In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and 1F” substitute “1C, 1CA, 1E, IF and 1K”.
(3) In section 1C of that Act (orders on conviction in criminal proceedings) after section (9) insert—
“(9ZA) An order under this section made in respect of a person under the age of 17, or an order varying such an order, may specify a relevant authority (other than the chief officer of police mentioned in section 1K(2)(a)) as being responsible for carrying out a review under section 1J of the operation of the order.”
124 Individual support orders
(1) In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support orders) for subsection (1) and the words in subsection (2) before paragraph (a) substitute—
“(1) This section applies where a court makes an anti-social behaviour order in respect of a defendant who is a child or young person when that order is made.
(1A) This section also applies where—
(a) an anti-social behaviour order has previously been made in respect of such a defendant;
(b) an application is made by complaint to the court which made that order, by the relevant authority which applied for it, for an order under this section; and
(c) at the time of the hearing of the application—
(i) the defendant is still a child or young person, and
(ii) the anti-social behaviour order is still in force.
(1B) The court must consider whether the individual support conditions are fulfilled and, if satisfied that they are, must make an individual support order.
(2) An individual support order is an order which—”.
(2) In subsection (3)(a) of that section, for the words after “the kind of behaviour which led to” substitute “the making of—
(i) the anti-social behaviour order, or
(ii) an order varying that order (in a case where the variation is made as a result of further anti-social behaviour by the defendant);”.
(3) In subsection (5) of that section, for “which led to the making of the anti-social behaviour order” substitute “mentioned in subsection (3)(a) above”.
(4) In section 1(1A) of that Act (meaning of “relevant authority”) after “and sections” insert “1AA,”.
(5) In section 1AB of that Act (which makes further provision about individual support orders) after subsection (5) insert—
“(5A) The period specified as the term of an individual support order made on an application under section 1AA(1A) above must not be longer than the remaining part of the term of the anti-social behaviour order as a result of which it is made.”
(6) In section 1B of that Act (orders in county court proceedings) after subsection
(7) insert—
“(8) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti- social behaviour orders.
(9) In their application by virtue of subsection (8), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.”
(7) In section 1C of that Act (orders on conviction in criminal proceedings) after subsection (9A) insert—
“(9AA) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti- social behaviour orders.
(9AB) In their application by virtue of subsection (9AA), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.
(9AC) In its application by virtue of subsection (9AA), section 1AA(1A)(b) has effect as if the reference to the relevant authority which applied for the anti-social behaviour order were a reference to the chief officer of police, or other relevant authority, responsible under section 1K(2)(a) or (b) for carrying out a review of the order under this section.”
Parenting contracts and parenting orders
125 Parenting contracts and parenting orders: local authorities
(1) Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.
(2) In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—
“(aa) a district council in England;”.
(3) In section 26B (parenting orders: registered social landlords)—
(a) in subsection (8), after “the local authority” insert “(or, if subsection (8A) applies, each local authority)”;
(b) after that subsection insert—
“(8A) This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.”;
(c) in subsection (10)(a), after “the local authority” insert “(or authorities)”.
(4) In section 27 (parenting orders: supplemental) for subsection (3A) substitute—
“(3A) Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—
(a) the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority’s area;
(b) the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;
(c) the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.
(3B) For the purposes of subsection (3A)(b) and (c)—
(a) an individual’s local authority is the local authority in whose area the individual resides or appears to reside; but
(b) if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual’s local authority is to be read as a reference to either of those authorities.”
PART 9 POLICING
Misconduct procedures etc.
126 Police misconduct and performance procedures
(1) Part 1 of Schedule 22—
(a) amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the conduct and performance of members of police forces and special constables, and
(b) makes other minor amendments to that Act.
(2) Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.
(3) Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.
127 Investigation of complaints of police misconduct etc.
Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further provision about the investigation of complaints of police misconduct and other matters.
Financial assistance
128 Financial assistance under section 57 of Police Act 1996
(1) After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—
“(1A) The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.
(1B) Financial assistance under subsection (1)—
(a) may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and
(b) may be given subject to terms and conditions determined by the Secretary of State;
but any financial assistance under that subsection other than a grant requires the consent of the Treasury.
(1C) Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.
(1D) Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.”
(2) Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.
Inspection
129 Inspection of police authorities
In section 54 of the Police Act 1996 (c. 16) (appointment and functions of inspectors of constabulary) for subsection (2A) substitute—
“(2A) The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, a police authority’s performance of its functions or of any particular function or functions (including in particular its compliance with the requirements of Part 1 of the Local Government Act 1999 (best value)).”
PART 10 SPECIAL IMMIGRATION STATUS
130 Designation
(1) The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
(2) Condition 1 is that the person—
(a) is a foreign criminal within the meaning of section 131, and
(b) is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
(3) Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
(4) A person who has the right of abode in the United Kingdom may not be designated.
(5) The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
(a) the United Kingdom’s obligations under the Refugee Convention, or
(b) the person’s rights under the Community treaties.
131 “Foreign criminal”
(1) For the purposes of section 130 “foreign criminal” means a person who—
(a) is not a British citizen, and
(b) satisfies any of the following Conditions.
(2) Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
(3) Condition 2 is that—
(a) section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
(b) the person has been sentenced to a period of imprisonment.
(4) Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
(5) Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
(6) Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.
132 Effect of designation
(1) A designated person does not have leave to enter or remain in the United Kingdom.
(2) For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—
(a) is a person subject to immigration control,
(b) is not to be treated as an asylum-seeker or a former asylum-seeker, and
(c) is not in the United Kingdom in breach of the immigration laws.
(3) Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.
(4) A designated person—
(a) shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and
(b) may not be granted temporary admission to the United Kingdom under paragraph 21 of that Schedule.
(5) Sections 134 and 135 make provision about support for designated persons and their dependants.
133 Conditions
(1) The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.
(2) A condition may relate to—
(a) residence,
(b) employment or occupation, or
(c) reporting to the police, the Secretary of State or an immigration officer.
(3) Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (electronic monitoring) shall apply in relation to conditions imposed under this section as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the Immigration Acts being treated as including a reference to this section).
(4) Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reporting restrictions: travel expenses) shall apply in relation to conditions imposed under subsection (2)(c) above as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971.
(5) A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.
(6) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—
(a) a fine not exceeding level 5 on the standard scale,
(b) imprisonment for a period not exceeding 51 weeks, or
(c) both.
(7) A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.
(8) In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.
134 Support
(1) Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum- seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.
(2) But the following provisions of that Part shall not apply—
(a) section 96 (kinds of support),
(b) section 97(1)(b) (desirability of providing accommodation in well- supplied area),
(c) section 100 (duty to co-operate in providing accommodation),
(d) section 101 (reception zones),
(e) section 108 (failure of sponsor to maintain),
(f) section 111 (grants to voluntary organisations), and
(g) section 113 (recovery of expenditure from sponsor).
(3) Support may be provided under section 95 of the 1999 Act as applied by this section—
(a) by providing accommodation appearing to the Secretary of State to be adequate for a person’s needs;
(b) by providing what appear to the Secretary of State to be essential living needs;
(c) in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.
(4) Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.
(5) Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.
(6) A designated person shall not be treated—
(a) as a person subject to immigration control, for the purposes of section 119(1)(b) of the 1999 Act (homelessness: Scotland and Northern Ireland), or
(b) as a person from abroad who is not eligible for housing assistance, for the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing assistance).
135 Support: supplemental
(1) A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—
(a) a reference to section 96 shall be treated as including a reference to section 134(3) above,
(b) a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and
(c) a reference to asylum-seekers shall be treated as including a reference to designated persons.
(2) A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.
(3) Rules under section 104 of the 1999 Act (appeals) shall have effect for the purposes of Part VI of that Act as it applies by virtue of section 134 above.
(4) Any other instrument under Part VI of the 1999 Act—
(a) may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and
(b) may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.
(5) In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.
(6) The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).
(7) An order under section 10 of the Human Rights Act 1998 (c. 42) (power to remedy incompatibility) which amends a provision mentioned in subsection
(6) of section 134 above may amend or repeal that subsection.
136 End of designation
(1) Designation lapses if the designated person—
(a) is granted leave to enter or remain in the United Kingdom,
(b) is notified by the Secretary of State or an immigration officer of a right of residence in the United Kingdom by virtue of the Community treaties,
(c) leaves the United Kingdom, or
(d) is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).
(2) After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.
(3) Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support may be provided in respect of a period which—
(a) begins when the designation lapses, and
(b) ends on a date determined in accordance with an order of the Secretary of State.
(4) Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—
(a) any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),
(b) any period during which an appeal against the deportation order is pending, and
(c) after an appeal ceases to be pending, such period as the Secretary of State may specify by order.
137 Interpretation: general
(1) This section applies to sections 130 to 136.
(2) A reference to a designated person is a reference to a person designated under section 130.
(3) “Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).
(4) “Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.
(5) “The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(6) “Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
(7) A voucher is not cash.
(8) A reference to a pending appeal has the meaning given by section 104(1) of that Act.
(9) A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.
PART 11 MISCELLANEOUS
Industrial action by prison officers
138 Amendment of section 127 of Criminal Justice and Public Order Act 1994
(1) Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.
(2) In subsection (1), for paragraph (a) substitute—
“(a) to take (or continue to take) any industrial action;”.
(3) After subsection (1) insert—
“(1A) In subsection (1) “industrial action” means—
(a) the withholding of services as a prison officer; or
(b) any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).”
(4) In subsection (4), after paragraph (a) insert—
“(aa) holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),”.
(5) In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—
“(b) holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;”.
139 Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994
After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—
“127A Power to suspend the operation of section 127
(1) The Secretary of State may make orders suspending, or later reviving, the operation of section 127.
(2) An order under this section may make different provision in relation to different descriptions of prison officer.
(3) The power to make orders under this section is exercisable by statutory instrument.
(4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”
Sex offenders
140 Disclosure of information about convictions etc. of child sex offenders to members of the public
(1) After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
“327A Disclosure of information about convictions etc. of child sex offenders to members of the public
(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.
(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.
(3) The case is where the responsible authority for the area has reasonable cause to believe that—
(a) a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and
(b) the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.
(4) The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.
(5) Where the responsible authority makes a disclosure under this section—
(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and
(b) it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person.
(6) Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances.
(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.
(8) The record must include the following information—
(a) the reasons for making a decision to disclose information under this section,
(b) the reasons for making a decision not to disclose information under this section, and
(c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.
(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.
(10) This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.
327B Section 327A: interpretation
(1) This section applies for the purposes of section 327A.
(2) “Child” means a person under 18.
(3) “Child sex offence” means an offence listed in Schedule 34A, whenever committed.
(4) “Child sex offender” means any person who—
(a) has been convicted of such an offence,
(b) has been found not guilty of such an offence by reason of insanity,
(c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or
(d) has been cautioned in respect of such an offence.
(5) In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about—
(a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and
(b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described).
(6) References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).
(7) A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325.
(8) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.
(9) In this section “cautioned”, in relation to any person and any offence, means—
(a) cautioned after the person has admitted the offence, or
(b) reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.
(10) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.”
(2) After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.
141 Sexual offences prevention orders: relevant sexual offences
(1) In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—
“(13) Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.
(14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b) to the age of any person, is to be disregarded.”
(2) This section extends to England and Wales and Northern Ireland only.
142 Notification requirements: prescribed information
(1) In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—
(a) at the end of subsection (5) insert—
“(h) any prescribed information.”; and
(b) after that subsection insert—
“(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.”
(2) Section 84 of that Act (notification requirements: changes) is amended as follows.
(3) In subsection (1)—
(a) after “1997,” in paragraph (c) insert—
“(ca) any prescribed change of circumstances,”; and
(b) after “the address of those premises” insert “, the prescribed details”.
(4) In subsection (2) after “home address” insert “or the prescribed change of circumstances”.
(5) After subsection (5) insert— “(5A) In this section—
(a) “prescribed change of circumstances” means any change—
(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and
(ii) of a description prescribed by regulations made by the Secretary of State;
(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.”
(6) Section 85 of that Act (notification requirements: periodic notification) is amended as follows.
(7) In subsection (1), for “the period of one year” substitute “the applicable period”.
(8) In subsection (3), for “the period referred to in subsection (1)” substitute “the applicable period”.
(9) After subsection (4) insert—
“(5) In this section, “the applicable period” means—
(a) in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and
(b) in any other case, the period of one year.
(6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).”
(10) In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “any of sections 83 to 86 or section 130”.
(11) This section extends to England and Wales and Northern Ireland only.
Persistent sales of tobacco to persons under 18
143 Persistent sales of tobacco to persons under 18
(1) The Children and Young Persons Act 1933 (c. 12) is amended as follows.
(2) After section 12 insert—
“Persistent sales of tobacco to persons under 18
12A Restricted premises orders
(1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).
(3) A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person.
(4) The prohibition applies to sales whether made—
(a) by the offender or any other person, or
(b) by means of any machine kept on the premises or any other means.
(5) The order has effect for the period specified in the order, but that period may not exceed one year.
(6) The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.
(7) The court may make the order if (and only if) it is satisfied that—
(a) on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences in relation to the relevant premises, and
(b) the applicant has complied with subsection (6).
(8) Persons affected by the application may make representations to the court as to why the order should not be made.
(9) If—
(a) a person affected by an application for a restricted premises order was not given notice under subsection (6), and
(b) consequently the person had no opportunity to make representations to the court as to why the order should not be made,
the person may by complaint apply to the court for an order varying or discharging it.
(10) On an application under subsection (9) the court may, after hearing—
(a) that person, and
(b) the applicant for the restricted premises order,
make such order varying or discharging the restricted premises order as it considers appropriate.
(11) For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—
(a) the occupier of the premises, and
(b) any other person who has an interest in the premises.
12B Restricted sale orders
(1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates’ court apply for a restricted sale order to be made in respect of the offender.
(3) A restricted sale order is an order prohibiting the person to whom it relates—
(a) from selling any tobacco or cigarette papers to any person,
(b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person,
(c) from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and
(d) from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco.
(4) The order has effect for the period specified in the order, but that period may not exceed one year.
(5) The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences.
(6) In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.
12C Enforcement
(1) If—
(a) a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and
(b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order,
the person commits an offence.
(2) If a person fails to comply with a restricted sale order, the person commits an offence.
(3) It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000.
(5) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
12D Interpretation
(1) In sections 12A and 12B a “tobacco offence” means—
(a) an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or
(b) an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).
(2) In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.
(3) In sections 12A and 12B “notice” means notice in writing.”
(3) In section 102(1) (appeals to the Crown Court), after paragraph (e) insert— “(f) in the case of a restricted premises order under section 12A or a
restricted sale order under section 12B, by any person
aggrieved.”
Penalties for serious contraventions of data protection principles
144 Power to require data controllers to pay monetary penalty
(1) After section 55 of the Data Protection Act 1998 (c. 29) insert—
“Monetary penalties
55A Power of Commissioner to impose monetary penalty
(1) The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that—
(a) there has been a serious contravention of section 4(4) by the data controller,
(b) the contravention was of a kind likely to cause substantial damage or substantial distress, and
(c) subsection (2) or (3) applies.
(2) This subsection applies if the contravention was deliberate.
(3) This subsection applies if the data controller—
(a) knew or ought to have known —
(i) that there was a risk that the contravention would occur, and
(ii) that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but
(b) failed to take reasonable steps to prevent the contravention.
(4) A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice.
(5) The amount determined by the Commissioner must not exceed the prescribed amount.
(6) The monetary penalty must be paid to the Commissioner within the period specified in the notice.
(7) The notice must contain such information as may be prescribed.
(8) Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund.
(9) In this section—
“data controller” does not include the Crown Estate Commissioners or a person who is a data controller by virtue of section 63(3);
“prescribed” means prescribed by regulations made by the Secretary of State.
55B Monetary penalty notices: procedural rights
(1) Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent.
(2) A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice.
(3) A notice of intent must—
(a) inform the data controller that he may make written representations in relation to the Commissioner’s proposal within a period specified in the notice, and
(b) contain such other information as may be prescribed.
(4) The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired.
(5) A person on whom a monetary penalty notice is served may appeal to the Tribunal against—
(a) the issue of the monetary penalty notice;
(b) the amount of the penalty specified in the notice.
(6) In this section, “prescribed” means prescribed by regulations made by the Secretary of State.
55C Guidance about monetary penalty notices
(1) The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B.
(2) The guidance must, in particular, deal with—
(a) the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and
(b) how he will determine the amount of the penalty.
(3) The Commissioner may alter or replace the guidance.
(4) If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.
(5) The Commissioner may not issue guidance under this section without the approval of the Secretary of State.
(6) The Commissioner must lay any guidance issued under this section before each House of Parliament.
(7) The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate.
(8) In subsections (5) to (7), “guidance” includes altered or replacement guidance.
55D Monetary penalty notices: enforcement
(1) This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A.
(2) In England and Wales, the penalty is recoverable—
(a) if a county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
(3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) In Northern Ireland, the penalty is recoverable—
(a) if a county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
55E Notices under sections 55A and 55B: supplemental
(1) The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent.
(2) An order under this section may in particular—
(a) provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order;
(b) make provision for the cancellation or variation of monetary penalty notices;
(c) confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices;
(d) make provision for the proceedings of the Tribunal in respect of appeals under section 55B(5) or appeals made by virtue of paragraph (c);
(e) make provision for the determination of such appeals;
(f) confer rights of appeal against any decision of the Tribunal in relation to monetary penalty notices or their cancellation or variation.
(3) An order under this section may apply any provision of this Act with such modifications as may be specified in the order.
(4) An order under this section may amend this Act.”
(2) In section 67 of that Act (orders, regulations, rules)—
(a) in subsection (4) insert at the appropriate place—
“section 55E(1),”; and
(b) in subsection (5) after paragraph (c) insert—
“(ca) regulations under section 55A(5) or (7) or 55B(3)(b),”.
Armed forces legislation
145 Amendments to armed forces legislation
Schedule 25 contains—
(a) amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and
(b) transitional provision relating to certain of those amendments.
Automatic deportation of criminals
146 Convention against human trafficking
After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—
“(6A) Exception 6 is where the Secretary of State thinks that the application of section 32(4) and (5) would contravene the United Kingdom’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005).”
PART 12 GENERAL
147 Orders, rules and regulations
(1) Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.
(2) Any such orders or regulations—
(a) may make provision generally or only for specified cases or circumstances;
(b) may make different provision for different cases, circumstances or areas;
(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.
(3) Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) does not apply to—
(a) a statutory instrument containing an order under section 153,
(b) a statutory instrument containing an order under paragraph 26(5) of Schedule 1,
(c) a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or
(d) a statutory instrument to which subsection (5) applies.
(5) A statutory instrument containing (whether alone or with other provision)—
(a) an order under section 4(3),
(b) an order under section 48(2),
(c) an order under section 77,
(d) an order under section 81(4), 83(4) or 91(3) which amends or repeals any provision of an Act,
(e) an order under section 102,
(f) regulations under any of sections 108 to 111,
(g) an order under section 135(6),
(h) an order under section 148(3) which amends or repeals any provision of an Act,
(i) an order under paragraph 27 or 35 of Schedule 1,
(j) an order under paragraph 25 of Schedule 2,
(k) rules under paragraph 2(4)(a) of Schedule 6, or
(l) an order under paragraph 6 of Schedule 7,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) An order under section 153(5)(b) is to be made by statutory instrument.
(7) An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
148 Consequential etc. amendments and transitional and saving provision
(1) Schedule 26 contains minor and consequential amendments.
(2) Schedule 27 contains transitory, transitional and saving provisions.
(3) The Secretary of State may by order make—
(a) such supplementary, incidental or consequential provision, or
(b) such transitory, transitional or saving provision,
as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
(4) An order under subsection (3) may, in particular—
(a) provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and
(b) amend, repeal or revoke any provision of—
(i) any Act (including this Act and any Act passed in the same Session as this Act);
(ii) subordinate legislation made before the passing of this Act;
(iii) Northern Ireland legislation passed, or made, before the passing of this Act; and
(iv) any instrument made, before the passing of this Act, under Northern Ireland legislation.
(5) Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.
(6) The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.
(7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(8) Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.
(9) The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
(10) Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).
149 Repeals and revocations
Schedule 28 contains repeals and revocations, including repeals of spent enactments.
150 Financial provisions
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred by virtue of this Act by a Minister of the Crown; and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
151 Effect of amendments to criminal justice provisions applied for purposes of service law
(1) In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—
(a) relate to criminal justice; and
(b) have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.
(2) Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.
(3) Subsection (2) does not apply to any amendments made by Part 1.
(4) In this section “service law” means—
(a) the system of service law established by the Armed Forces Act 2006 (c. 52); or
(b) any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).
152 Extent
(1) Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.
(2) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
(a) section 77;
(b) section 96;
(c) section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);
(d) Part 10;
(e) this Part (subject to subsection (5)).
(3) The following provisions of this Act extend to England and Wales and Northern Ireland—
(a) section 3 and Schedule 3;
(b) section 39(3) and (6)(d) and paragraph 7 of Schedule 7;
(c) sections 63 to 68 and Schedule 14;
(d) section 76;
(e) section 85(6) and (7) (so far as relating to any provision of Part 3 of the Magistrates’ Courts Act 1980 which extends to Northern Ireland);
(f) sections 86 and 90 to 92 and Schedules 18 and 19.
(4) The following provisions of this Act extend to Northern Ireland only—
(a) sections 82 and 83;
(b) sections 87 to 89;
(c) section 122 and Schedule 21.
(5) Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.
(6) The following amendments and repeals also extend to the Channel Islands and the Isle of Man—
(a) the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and
(b) the repeals in Part 1 of Schedule 28 relating to those amendments.
(7) In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.
(8) In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.
(9) In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—
(a) that Act as amended by or under any provision of this Act,
(b) section 151, and
(c) paragraph 34 of Schedule 25.
(10) Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).
153 Commencement
(1) The following provisions of this Act come into force on the day on which this Act is passed—
(a) section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—
(i) paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and
(ii) Part 4 of Schedule 37 to that Act;
(b) section 77;
(c) section 128;
(d) sections 138(1) to (4) and 139;
(e) section 147;
(f) section 148(3) to (7);
(g) sections 150 and 152;
(h) this section;
(i) section 154;
(j) paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);
(k) paragraphs 35 to 39 of Schedule 26.
(2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—
(a) section 62 and the related repeal in Part 4 of Schedule 28;
(b) section 69 and paragraph 24 of Schedule 26;
(c) section 70 and paragraph 25 of Schedule 26;
(d) section 79 and the related repeals in Part 5 of Schedule 28;
(e) paragraphs 2 to 7 of Schedule 15;
(f) paragraph 24 of Schedule 27.
(3) Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.
(4) The following provisions come into force on such day as the Lord Chancellor may by order appoint—
(a) section 19;
(b) section 41;
(c) sections 56 to 58;
(d) sections 80 to 92 and Schedules 18 and 19;
(e) paragraph 29 of Schedule 27.
(5) Sections 119 to 121 come into force—
(a) in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and
(b) in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.
(6) Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.
(7) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
(8) An order under any of subsections (4) to (7) may—
(a) appoint different days for different purposes and in relation to different areas;
(b) make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.
154 Short title
This Act may be cited as the Criminal Justice and Immigration Act 2008.
SCHEDULES
SCHEDULE 1
FURTHER PROVISIONS ABOUT YOUTH REHABILITATION ORDERS
PART 1
PROVISIONS TO BE INCLUDED IN YOUTH REHABILITATION ORDERS
1. Imposition of requirements
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).
Electronic monitoring requirement
2 (1) Sub-paragraph (2) applies to a youth rehabilitation order which—
(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).
Youth rehabilitation order with intensive supervision and surveillance
3 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.
(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)).
Youth rehabilitation order with fostering
4 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.
(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).
Intensive supervision and surveillance and fostering: further provisions
5 (1) A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement.
(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).
PART 2 REQUIREMENTS
Activity requirement
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—
(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).
Activity requirement: instructions of responsible officer under paragraph 6(1)(d)
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—
(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).
Activity requirement: further provisions
8 (1) Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—
(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.
Supervision requirement
9 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.
Unpaid work requirement
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.
(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.
Programme requirement
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.
(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.
Attendance centre requirement
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.
(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.
Prohibited activity requirement
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—
(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).
Curfew requirement
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.
(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).
Exclusion requirement
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.
(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.
Residence requirement
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—
(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.
Local authority residence requirement
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.
(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.
Fostering requirement
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.
(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.
Pre-conditions to imposing local authority residence requirement or fostering requirement
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—
(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.
Mental health treatment requirement
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 chartered psychologist (or both, for different periods) with a view to the improvement of the offender’s mental condition.
(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 an independent hospital or care home within the meaning of the Care Standards Act 2000 (c. 14) 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 chartered 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.
(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.
(6) In this paragraph and paragraph 21, “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.
Mental health treatment at place other than that specified in order
21 (1) Where the registered medical practitioner or chartered 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—
(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 chartered 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 chartered 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.
Drug treatment requirement
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.
(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).
Drug testing requirement
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.
(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.
Intoxicating substance treatment requirement
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.
(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).
Education requirement
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.
(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 local education authority specified in the order.
(3) The local education authority so specified must be the local education 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 local education 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 local education 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, “local education authority” and “parent” have the same meanings as in the Education Act 1996 (c. 56).
Electronic monitoring requirement
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.
(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.
Power to amend limits
27 (1) The Secretary of State may by order amend—
(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.
PART 3 PROVISIONS APPLYING WHERE COURT PROPOSES TO MAKE YOUTH REHABILITATION ORDER
Family circumstances
28 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.
Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.
29 (1) Before making—
(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.
Date of taking effect and other existing orders
30 (1) Subject to sub-paragraph (2), a youth rehabilitation order takes effect on the day after the day on which the order is made.
(2) 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.
Concurrent and consecutive orders
31 (1) This paragraph applies where the court is dealing with an offender who has been convicted of two or more associated offences.
(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.
PART 4 PROVISIONS APPLYING WHERE COURT MAKES YOUTH REHABILITATION ORDER ETC.
Date for compliance with requirements to be specified in order
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.
(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.
Local justice area to be specified in order
33 A youth rehabilitation order must specify the local justice area in which the offender resides or will reside.
Provision of copies of orders
34 (1) The court by which any youth rehabilitation order is made must forthwith provide copies of the order—
(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 local education 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. |
Power to provide for court review of orders
35 (1) The Secretary of State may by order—
(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).
Order made by Crown Court: direction in relation to further proceedings
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).
(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.
SCHEDULE 2
BREACH, REVOCATION OR AMENDMENT OF YOUTH REHABILITATION ORDERS
PART 1 PRELIMINARY
Interpretation
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.
(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.
Orders made on appeal
2 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.
PART 2 BREACH OF REQUIREMENT OF ORDER
Duty to give warning
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.
(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.
Breach of order
4 (1) If the responsible officer—
(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.
Issue of summons or warrant by justice of the peace
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—
(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.
Powers of magistrates’ court
6 (1) This paragraph applies where—
(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).
Power of magistrates’ court to refer offender to Crown Court
7 (1) Sub-paragraph (2) applies if—
(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.
Powers of Crown Court
8 (1) This paragraph applies where—
(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.
Restriction of powers in paragraphs 6 and 8 where treatment required
9 (1) Sub-paragraph (2) applies where a youth rehabilitation order imposes any of the following requirements in respect of an offender—
(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.
Power to amend amounts of fines
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).
(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.
PART 3 REVOCATION OF ORDER
Revocation of order with or without re-sentencing: powers of appropriate court
11 (1) This paragraph applies where—
(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.
Revocation of order with or without re-sentencing: powers of Crown Court
12 (1) This paragraph applies where—
(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.
PART 4 AMENDMENT OF ORDER
Amendment by appropriate court
13 (1) This paragraph applies where—
(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.
Amendment by Crown Court
14 (1) This paragraph applies where—
(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.
Exercise of powers under paragraph 13(2) or 14(2): further provisions
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.
(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.
Exercise of powers under paragraph 13(4) or 14(4): further provisions
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.
(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.
Extension of unpaid work requirement
17 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.
PART 5 POWERS OF COURT IN RELATION TO ORDER FOLLOWING SUBSEQUENT CONVICTION
Powers of magistrates’ court following subsequent conviction
18 (1) This paragraph applies where—
(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.
Powers of Crown Court following subsequent conviction
19 (1) This paragraph applies where—
(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.
PART 6 SUPPLEMENTARY
Appearance of offender before court
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—
(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.
Warrants
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”).
(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.
Adjournment of proceedings
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.
(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.
Restrictions on imposition of intensive supervision and surveillance or fostering
23 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.
Provision of copies of orders etc.
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—
(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.
Power to amend maximum period of fostering requirement
25 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.
SCHEDULE 3 TRANSFER OF YOUTH REHABILITATION ORDERS TO NORTHERN IRELAND
PART 1
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
1 (1) This paragraph applies where a court considering the making of a youth rehabilitation order is satisfied that the offender—
(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.
Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
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.
(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.
Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2
3 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.
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—
(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.
Modifications to Part 1
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.
(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));”.
(5) In paragraphs 25 (education requirement) and 34(4) (additional persons to whom court must give a copy of the order) of that Schedule, any reference to a local education authority (except in sub-paragraph (6) of paragraph 25) has effect as a reference to an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
(6) In paragraph 26 of that Schedule (electronic monitoring requirements: common provisions) sub-paragraph (5) is omitted.
(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.
Meaning of “supervision”
6 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).
PART 2 PROVISIONS RELATING TO AN ORDER MADE OR AMENDED UNDER PART 1
Application of this Part
7 This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.
Interpretation
8 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.
Effect of the youth rehabilitation order in Northern Ireland
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.
(2) Sub-paragraph (1) is subject to paragraphs 12 to 16.
Duty of offender to keep in touch with relevant officer
10 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.
Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction
11 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.
Powers of the home court in respect of the youth rehabilitation order
12 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.
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.
(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.
14 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.
Powers of court in England or Wales before which the offender is required to appear
15 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.
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.
(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).
Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland
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.
(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.
SCHEDULE 4 YOUTH REHABILITATION ORDERS: CONSEQUENTIAL AND RELATED AMENDMENTS
PART 1 CONSEQUENTIAL AMENDMENTS
Children and Young Persons Act 1933 (c. 12)
1 The Children and Young Persons Act 1933 has effect subject to the following amendments.
2 (1) Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.
(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.”
3 (1) Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.
(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).
Criminal Appeal Act 1968 (c. 19)
4 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.”
Firearms Act 1968 (c. 27)
5 The Firearms Act 1968 has effect subject to the following amendments.
6 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,”.
7 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,”.
Health Services and Public Health Act 1968 (c. 46)
8 The Health Services and Public Health Act 1968 has effect subject to the following amendments.
9 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;”.
10 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;”.
Social Work (Scotland) Act 1968 (c. 49)
11 The Social Work (Scotland) Act 1968 has effect subject to the following amendments.
12 In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “, youth rehabilitation order”.
13 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.”
Children and Young Persons Act 1969 (c. 54)
14 The Children and Young Persons Act 1969 has effect subject to the following amendments.
15 Omit section 25 (transfers between England or Wales and Northern Ireland).
16 (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.
(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”.
17 (1) Section 32 (detention of absentees) is amended as follows.
(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)”.
18 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);”.
19 In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “to (1E)”.
Rehabilitation of Offenders Act 1974 (c. 53)
20 The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.
21 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;”.
22 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;”.
Bail Act 1976 (c. 63)
23 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”.
Magistrates’ Courts Act 1980 (c. 43)
24 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).
Contempt of Court Act 1981 (c. 49)
25 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
26 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.
27 (1) Paragraph 7 (transfer to England and Wales) is amended as follows.
(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.”
28 (1) Paragraph 9 (general provision) is amended as follows.
(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”.
29 After that paragraph insert—
“Community service orders relating to persons residing in England and Wales: interpretation
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.”
Mental Health Act 1983 (c. 20)
30 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”.
Child Abduction Act 1984 (c. 37)
31 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”.
Prosecution of Offences Act 1985 (c. 23)
32 (1) Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.
(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.”
Children Act 1989 (c. 41)
33 The Children Act 1989 has effect subject to the following amendments.
34 (1) Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.
(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”.”
35 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”.
36 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”.
37 (1) Part 3 of Schedule 3 (education supervision orders) is amended as follows.
(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”.
38 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;”.
Criminal Justice Act 1991 (c. 53)
39 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.
40 (1) Paragraph 10 is amended as follows.
(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;”.
41 (1) Paragraph 11 is amended as follows.
(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—
(7) In sub-paragraph (8)—
(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),”.
(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.”
Criminal Justice and Public Order Act 1994 (c. 33)
42 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.)”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
43 The Criminal Procedure (Scotland) Act 1995 has effect subject to the following amendments.
44 (1) Section 234 (probation orders: persons residing in England and Wales) is amended as follows.
(2) In subsection (2), at the end insert “(in any case where the offender has attained the age of 18 years) or under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)”.
(3) In subsection (4)—
(a) in paragraph (a), for “and section 207(2) of the Criminal Justice Act 2003” substitute “, section 207(2) of the Criminal Justice Act 2003 and paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008”,
(b) in paragraph (a), for “or, as the case may be, community orders under Part 12 of that Act” substitute “, community orders under Part 12 of the Criminal Justice Act 2003 or, as the case may be, youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008”,
(c) in paragraph (a), for “and section 207 of the Criminal Justice Act 2003” substitute “, section 207 of the Criminal Justice Act 2003 and paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008”,
(d) in paragraph (b), after “2003” insert “or (as the case may be) paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice and Immigration Act 2008”, and
(e) in paragraph (b), at the end insert “or that paragraph”.
(4) In subsection (4A) at the end insert “(in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)”.
(5) In subsection (5) for the words from “subject to subsection (6)” to the end substitute “subject to subsections (6) and (6A) below—
(a) Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates’ court under section 177 of that Act and imposing the requirements specified under subsection (4A) above (in any case where the offender has attained the age of 18 years); and
(b) Schedule 2 to the Criminal Justice and Immigration Act 2008 shall apply as if it were a youth rehabilitation order made by a magistrates’ court under section 1 of that Act and imposing the requirements specified under that subsection (in any other case).”
(6) After subsection (6) insert—
“(6A) In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—
(a) any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
(b) in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub- paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and
(c) Parts 3 and 5 are omitted.”
45 (1) Section 242 (community service orders: persons residing in England and Wales) is amended as follows.
(2) In subsection (1)(a)—
(a) in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “, in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case”, and
(b) in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.
(3) In subsection (2)(b)—
(a) after “that court” insert “, in any case where the offender has attained the age of 18 years,” and
(b) after “2003” insert “or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.
(4) In subsection (3)(b)—
(a) after “the board” insert “or (as the case may be) require a provider of probation services to appoint an officer of the provider,”,
(b) after “the order” insert “—
(a)”, and
(c) at the end insert “; or
(b) the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”
46 (1) Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows.
(2) In subsection (3)(a)—
(a) after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and
(b) after “such community orders” insert “or youth rehabilitation orders”.
(3) In subsection (4)(a)—
(a) for “or, as the case may be, community orders” substitute “, community orders”, and
(b) after “2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.
(4) In subsection (5)—
(a) for “or, as the case may be, a community order” substitute “, a community order”, and
(b) after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.
(5) In subsection (6)—
(a) for “or, as the case may be, community orders” substitute “, community orders”,
(b) after “within the meaning of Part 12 of the Criminal Justice Act 2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and
(c) after “the responsible officer under Part 12 of the Criminal Justice Act 2003” insert “or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008”.
Education Act 1996 (c. 56)
47 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”.
Crime and Disorder Act 1998 (c. 37)
48 The Crime and Disorder Act 1998 has effect subject to the following amendments.
49 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”.
50 In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “section 10 of that Act”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
51 The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
52 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”.
53 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.”
54 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”.
55 In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.
56 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”.
57 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”.
58 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”.
59 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”.
60 (1) Section 160 (rules and orders) is amended as follows.
(2) Omit subsection (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)”.
(4) Omit subsection (5).
61 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.”
62 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.
(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”.
63 In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.
64 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.
Child Support, Pensions and Social Security Act 2000 (c. 19)
65 The Child Support, Pensions and Social Security Act 2000 has effect subject to the following amendments.
66 (1) Section 62 (loss of benefit for breach of community order) is amended as follows.
(2) In the definition of “relevant community order” in subsection (8)—
(a) after “2003;” in paragraph (a) insert—
“(aa) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;”, and
(b) in paragraph (b) for “such an order” substitute “an order specified in paragraph (a) or (aa)”.
(3) In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.
67 (1) Section 64 (information provision) is amended as follows.
(2) In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
(3) In subsection (7) after paragraph (b) insert—
“(ba) a responsible officer within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008;”.
Criminal Justice and Court Services Act 2000 (c. 43)
68 The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.
69 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)”.
70 In section 70 (interpretation, etc.) omit subsection (5).
Criminal Justice Act 2003 (c. 44)
71 Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.
72 (1) Section 147 (meaning of “community sentence” etc.) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (b), and
(b) after that paragraph insert—
“(c) a youth rehabilitation order.”
(3) Omit subsection (2).
73 (1) Section 148 (restrictions on imposing community sentences) is amended as follows.
(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).
74 In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “youth rehabilitation order”.
75 In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “youth rehabilitation order”.
76 (1) Section 151 (community order for persistent offender previously fined) is amended as follows.
(2) In the title, after “community order” insert “or youth rehabilitation order”.
(3) In subsections (1)(a) and (1A)(a), 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 (1A)(b)” substitute “(1A)(b) or (2A)(b)”.
(6) In subsections (4), (5) and (6), for “and (1A)(b)” substitute “(1A)(b) and (2A)(b)”.
(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “or (2B)”.
77 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows.
(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”.
78 In section 161 (pre-sentence drug testing)—
(a) in subsection (1), omit “aged 14 or over”, and
(b) omit subsection (7).
79 (1) Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows.
(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)”.
80 (1) Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows.
(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.”
81 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.”
82 In section 177(1) (community orders) for “16” substitute “18”.
83 In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.
84 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).
85 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”.
86 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”.
87 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”.
88 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”.
89 In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).
90 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.”
91 In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “any”.
92 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).
93 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,”.
94 Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).
95 In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).
96 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).
97 Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).
Violent Crime Reduction Act 2006 (c. 38)
98 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;”.
Offender Management Act 2007 (c. 21)
99 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)”.
PART 2 RELATED AMENDMENTS
Children and Young Persons Act 1933 (c. 12)
100 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”.
Children and Young Persons Act 1969 (c. 54)
101 (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.
(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”.
Bail Act 1976 (c. 63)
102 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),”.
Magistrates’ Courts Act 1980 (c. 43)
103 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”.
Child Abduction Act 1984 (c. 37)
104 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”.
Children Act 1989 (c. 41)
105 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);”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
106 The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
107 In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—
“Power to adjourn hearing and remand offender
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.”
108 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.
(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
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.”
Criminal Justice Act 2003 (c. 44)
109 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.”
SCHEDULE 5 OFFENCES SPECIFIED FOR THE PURPOSES OF SECTIONS 225(3A) AND 227(2A) OF CRIMINAL JUSTICE ACT 2003
“SCHEDULE 15A
OFFENCES SPECIFIED FOR THE PURPOSES OF SECTIONS 225(3A) AND 227(2A)
PART 1 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 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 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 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 INTERPRETATION
53 In this Schedule, “imprisonment for life” includes custody for life and detention for life.”
SCHEDULE 6 CREDIT FOR PERIOD OF REMAND ON BAIL: TRANSITIONAL PROVISIONS
1 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).
2 (1) This paragraph applies where—
(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.
SCHEDULE 7 YOUTH DEFAULT ORDERS: MODIFICATION OF PROVISIONS APPLYING TO YOUTH REHABILITATION ORDERS
General
1 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
2 (1) In its application to a youth default order, paragraph 10 of Schedule 1 (unpaid work requirement) is modified as follows.
(2) Sub-paragraph (2) has effect as if for paragraphs (a) and (b) 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 |
(3) Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted “(or section 39(7)(a) applies)”.
Attendance centre requirement
3 (1) In its application to a youth default order, paragraph 12 of Schedule 1 (attendance centre requirement) is modified as follows.
(2) Sub-paragraph (2) has effect as if—
(a) in paragraph (a), for the words following “conviction” there were substituted “must be, 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 “must be, 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 “must be, 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 |
Curfew requirement
4 (1) In its application to a youth default order, paragraph 14 of Schedule 1 (curfew requirement) is modified as follows.
(2) That paragraph has effect as if after sub-paragraph (2) there were inserted—
“(2A) 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 hours |
| 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″. |
Enforcement, revocation and amendment of youth default order
5 (1) In its application to a youth default order, Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is modified as follows.
(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) Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted “as having been made by a magistrates’ court”.
(5) The following provisions are omitted—
(a) paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),
(b) paragraph 11(5),
(c) paragraph 18(7), and
(d) paragraph 19(3).
Power to alter amount of money or number of hours or days
6 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
7 (1) In its application to a youth default order, Schedule 3 is modified as follows.
(2) Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted— “(3) Nothing in sub-paragraph (1) affects the application of section
39(7) to a youth default order made or amended in accordance
with paragraph 1 or 2.”
(3) Paragraph 12 has effect as if, after paragraph (b) there were inserted— “(bb) any power to impose a fine on the offender”.
SCHEDULE 8 APPEALS IN CRIMINAL CASES
PART 1 AMENDMENTS OF CRIMINAL APPEAL ACT 1968
1 The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.
Time limit on grant of certificates of fitness for appeal
2 In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “, within 28 days from the date of the conviction,”.
3 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”.
4 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,”.
5 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,”.
Powers of Court to substitute different sentence
6 (1) Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.
(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).”
Interim hospital orders
7 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).
8 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.”
9 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.”
Evidence
10 (1) Section 23 (evidence) is amended as follows.
(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.”
Powers of single judge
11 (1) Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
(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.”
Appeals against procedural directions
12 In section 31C (appeals against procedural directions), omit subsections (1) and (2).
Detention of defendant pending appeal to Supreme Court
13 (1) Section 37 (detention of defendant on appeal by Crown) is amended as follows.
(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).”
PART 2 AMENDMENTS OF CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980
14 The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.
Time limit on grant of certificates of fitness for appeal
15 In section 1 (appeal against conviction), in paragraph (b) after “if” insert “, within 28 days from the date of the conviction,”.
16 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,”.
17 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,”.
Powers of Court to substitute different sentence
18 (1) Section 4 (alteration of sentence on appeal against conviction) is amended as follows.
(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).”
Interim hospital orders
19 Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.
20 (1) For the cross-heading preceding section 30 substitute—
“Supplementary”.
(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.”
21 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.”
Evidence
22 (1) Section 25 (evidence) is amended as follows.
(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.”
23 In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “, or an application for leave to appeal,”.
Detention of defendant pending appeal to Supreme Court
24 (1) Section 36 (detention of defendant on appeal by Crown) is amended as follows.
(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).”
Powers of single judge
25 (1) Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
(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.”
PART 3 AMENDMENTS OF OTHER ACTS
Detention of defendant pending appeal from High Court to Supreme Court
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.
(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).”
Variation of sentences by Crown Court
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.
(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.
28 (1) Section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (alteration of Crown Court sentence) is amended as follows.
(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.
SCHEDULE 9 ALTERNATIVES TO PROSECUTION FOR PERSONS UNDER 18
1 The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.
2 (1) Section 65 (reprimands and warnings) is amended as follows.
(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.”
3 After section 66 insert—
“Young offenders: youth conditional cautions
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.
66H Interpretation
In this Chapter—
Interpretation of Chapter 1
(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).”
4 (1) Section 114 (orders and regulations) is amended as follows.
(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).”
SCHEDULE 10 PROTECTION FOR SPENT CAUTIONS UNDER REHABILITATION OF OFFENDERS ACT 1974
1 The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
2 In section 6(6) for “the Schedule” substitute “Schedule 1”.
3 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.”
4 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.”
5 The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1.
6 After that Schedule insert—
“SCHEDULE 2 PROTECTION FOR SPENT CAUTIONS
Preliminary
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
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(2) 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).”
SCHEDULE 11 ELECTRONIC MONITORING OF PERSONS RELEASED ON BAIL SUBJECT TO CONDITIONS
1 The Bail Act 1976 (c. 63) has effect subject to the following amendments.
Schedule 11 — Electronic monitoring of persons released on bail subject to conditions
2 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.”
3 (1) Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.
(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.
4 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.
Schedule 11 — Electronic monitoring of persons released on bail subject to conditions
(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.”
SCHEDULE 12 BAIL FOR SUMMARY OFFENCES AND CERTAIN OTHER OFFENCES TO BE TRIED SUMMARILY
1 The Bail Act 1976 (c. 63) is amended as follows.
2 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)”.
3 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.”
4 Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.
5 (1) Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph
(1) of that paragraph.
(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.”
6 After Part 1 insert—
“PART 1A DEFENDANTS ACCUSED OR CONVICTED OF IMPRISONABLE OFFENCES TO WHICH
PART 1 DOES NOT APPLY
Defendants to whom Part 1A applies
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
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
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.”
SCHEDULE 13 ALLOCATION OF CASES TRIABLE EITHER WAY ETC.
1 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 In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “for sentence”.
3 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 In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “summary trial”.
5 (1) Paragraph 9 is amended as follows.
(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 Paragraph 13 is omitted.
7 Paragraph 22 is omitted.
8 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 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 In paragraph 24 after sub-paragraph (4) insert—
“(4A) In subsection (2) for “committed” substitute “sent”.”
SCHEDULE 14 SPECIAL RULES RELATING TO PROVIDERS OF INFORMATION SOCIETY SERVICES
Domestic service providers: extension of liability
1 (1) This paragraph applies where a service provider is established in England and Wales or Northern Ireland (a “domestic service provider”).
(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.
Non-UK service providers: restriction on institution of proceedings
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”).
(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.
Exceptions for mere conduits
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—
(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.
Exception for caching
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.
(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.
Exception for hosting
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—
(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.
Interpretation
6 (1) This paragraph applies for the purposes of this Schedule.
(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.
SCHEDULE 15 SEXUAL OFFENCES: GROOMING AND ADOPTION
1 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,”.
Adoption
2 The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.
3 In section 27(1)(b) (family relationships) after “but for” insert “section 39 of the Adoption Act 1976 or”.
4 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.
(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.
(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 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)”.
SCHEDULE 16 HATRED ON THE GROUNDS OF SEXUAL ORIENTATION
1 Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.
2 In the heading for Part 3A at the end insert “OR GROUNDS OF SEXUAL ORIENTATION”.
3 In the italic cross-heading before section 29A at the end insert “and “hatred on the grounds of sexual orientation””.
4 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).”
5 In the italic cross-heading before section 29B at the end insert “or hatred on the grounds of sexual orientation”.
6 (1) Section 29B (use of words or behaviour or display of written material) is amended as follows.
(2) In subsection (1), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
(3) Omit subsection (3).
7 In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
8 In section 29D(1) (public performance of play), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
9 In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
10 In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
11 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”.
12 (1) Section 29H (powers of entry and search) is amended as follows.
(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.
(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 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 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.
(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 In section 29N (interpretation), after the definition of “dwelling” insert— ““hatred on the grounds of sexual orientation” has the meaning
given by section 29AB;”.
SCHEDULE 17 OFFENCES RELATING TO NUCLEAR MATERIAL AND NUCLEAR FACILITIES
PART 1 AMENDMENTS OF NUCLEAR MATERIAL (OFFENCES) ACT 1983
1 The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.
2 (1) Section 1 (extended scope of certain offences) is amended as follows.
(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”).
3 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).”
4 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.”
5 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.”
6 (1) Section 6 (material to which the Act applies) is amended as follows.
(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”.
7 In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “any British overseas territory”.
8 (1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
(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”.”
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.
(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.
SCHEDULE 18 PENALTIES SUITABLE FOR ENFORCEMENT IN ENGLAND AND WALES OR NORTHERN IRELAND
Person residing in England and Wales
1 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.
Person residing in Northern Ireland
2 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.
Person having property etc. in England and Wales
3 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.
Person having property etc. in Northern Ireland
4 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.
Person having property etc. in England and Wales and Northern Ireland
5 (1) This paragraph applies if—
(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) 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.
Person having property etc. in England and Wales and Scotland
6 (1) This paragraph applies if—
(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) 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), 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.
Person having property etc. in Northern Ireland and Scotland
7 (1) This paragraph applies if—
(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) 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), and
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.
Person having property etc. in England and Wales, Scotland and Northern Ireland
8 (1) This paragraph applies if—
(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) 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.
Interpretation
9 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.
SCHEDULE 19 GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES
PART 1 THE GROUNDS FOR REFUSAL
1 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).
2 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.
3 (1) The decision was made in respect of conduct—
(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.
4 (1) The decision was made in respect of conduct—
(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).
5 The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.
6 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.
7 (1) The financial penalty is for an amount less than 70 euros.
(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).
PART 2 EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)
8 Participation in a criminal organisation.
9 Terrorism.
10 Trafficking in human beings.
11 Sexual exploitation of children and child pornography.
12 Illicit trafficking in narcotic drugs and psychotropic substances.
13 Illicit trafficking in weapons, munitions and explosives.
14 Corruption.
15 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.
16 Laundering of the proceeds of crime.
17 Counterfeiting currency, including of the euro.
18 Computer-related crime.
19 Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
20 Facilitation of unauthorised entry and residence.
21 Murder, grievous bodily injury.
22 Illicit trade in human organs and tissue.
23 Kidnapping, illegal restraint and hostage-taking.
24 Racism and xenophobia.
25 Organised or armed robbery.
26 Illicit trafficking in cultural goods, including antiques and works of art.
27 Swindling.
28 Racketeering and extortion.
29 Counterfeiting and piracy of products.
30 Forgery of administrative documents and trafficking therein.
31 Forgery of means of payment.
32 Illicit trafficking in hormonal substances and other growth promoters.
33 Illicit trafficking in nuclear or radioactive materials.
34 Trafficking in stolen vehicles.
35 Rape.
36 Arson.
37 Crimes within the jurisdiction of the International Criminal Court.
38 Unlawful seizure of aircraft or ships.
39 Sabotage.
40 Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.
41 Smuggling of goods.
42 Infringement of intellectual property rights.
43 Threats and acts of violence against persons, including violence during sport events.
44 Criminal damage.
45 Theft.
46 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.
PART 3 INTERPRETATION
47 (1) In this Schedule—
(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.
SCHEDULE 20 CLOSURE ORDERS: PREMISES ASSOCIATED WITH PERSISTENT DISORDER OR NUISANCE
After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.
“PART 1A 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.”
SCHEDULE 21 NUISANCE OR DISTURBANCE ON HSS PREMISES
Offence of causing nuisance or disturbance on HSS premises
1 (1) A person commits an offence if—
(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.
Power to remove person causing nuisance or disturbance
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.
(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.
Guidance about the power to remove etc.
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.
(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.
SCHEDULE 22 POLICE MISCONDUCT AND PERFORMANCE PROCEDURES
PART 1 AMENDMENTS OF POLICE ACT 1996
1 The Police Act 1996 (c. 16) has effect subject to the following amendments.
General duty of Secretary of State
2 In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “sections 84 and 85”.
Regulations for police forces
3 (1) Section 50 (regulations for police forces) is amended as follows.
(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),”.
Regulations for special constables
4 (1) Section 51 (regulations for special constables) is amended as follows.
(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.”
Police Federations
5 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”.
Police Advisory Board
6 (1) Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows.
(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”.
Representation at disciplinary and other proceedings
7 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.”
Appeals against dismissal etc.
8 (1) Section 85 (appeals against dismissal etc.) is amended as follows.
(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.”
Guidance concerning disciplinary proceedings etc.
9 (1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows.
(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”.
Police officers engaged on service outside their force
10 (1) Section 97 (police officers engaged on service outside their force) is amended as follows.
(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
11 (1) Schedule 6 (appeals to police appeals tribunals) is amended as follows.
(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.”
PART 2 AMENDMENTS OF MINISTRY OF DEFENCE POLICE ACT 1987
12 The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.
Defence Police Federation
13 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”.
Regulations relating to disciplinary matters
14 (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.
(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.”
Representation etc. at disciplinary proceedings
15 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.”
Appeals against dismissal etc.
16 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.”
17 The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.
Police regulations: general
18 (1) Section 36 (police regulations: general) is amended as follows.
(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).”
Police regulations: special constables
19 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).”
Police regulations by Secretary of State
20 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).”
Regulations: further appeal
21 Omit section 43 (regulations: further appeal).
SCHEDULE 23 INVESTIGATION OF COMPLAINTS OF POLICE MISCONDUCT ETC.
1 The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.
2 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.”
3 Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.
4 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.”
5 After paragraph 19 insert—
“Special procedure where investigation relates to police officer or special constable
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
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
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
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
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.”
6 (1) Paragraph 20A (accelerated procedure in special cases) is amended as follows.
(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).
7 (1) Paragraph 20B (investigations managed or carried out by Commission: action by appropriate authority) is amended as follows.
(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).
8 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”.
9 (1) Paragraph 20E (other investigations: action by appropriate authority) is amended as follows.
(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”.
10 Omit paragraph 20G (special cases: Director of Public Prosecutions) and the cross-heading immediately preceding it.
11 (1) Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows.
(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.”
12 (1) Paragraph 22 (final reports on investigations) is amended as follows.
(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.”
13 (1) Paragraph 23 (action by Commission in response to investigation report) is amended as follows.
(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)”.
14 (1) Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows.
(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);”.
15 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”.
16 (1) Paragraph 24B (action in response to a report on a DSI matter) is amended as follows.
(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.”
17 (1) Paragraph 25 (appeals to Commission with respect to an investigation) is amended as follows.
(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.”
18 (1) Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows.
(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”.
19 After paragraph 28 insert—
“Minor definitions
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.”
SCHEDULE 24 SECTION 327A OF CRIMINAL JUSTICE ACT 2003: MEANING OF “CHILD SEX OFFENCE”
The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—
“SCHEDULE 34A
CHILD SEX OFFENCES FOR PURPOSES OF SECTION 327A
Offences under provisions repealed by Sexual Offences Act 2003
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
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
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.”
SCHEDULE 25: AMENDMENTS TO ARMED FORCES LEGISLATION
PART 1 : COURTS-MARTIAL (APPEALS) ACT 1968
1 The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.
Power to dismiss certain appeals following references by the CCRC
2 After section 25B insert—
“Appeals following references by the CCRC
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).”
Interim hospital orders
3 Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.
4 Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.
5 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.”
6 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;”.
Evidence
7 (1) Section 28 (evidence) is amended as follows.
(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.”
Appeals against procedural directions
8 In section 36C (appeals against procedural directions), subsections (1) and
(2) are omitted.
Detention of accused pending appeal to Supreme Court
9 (1) Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows.
(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).”
PART 2: ARMED FORCES ACT 2006
10 The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.
Consecutive custodial sentences
11 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”.
Dangerous offenders
12 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”.
13 (1) Section 219 (dangerous offenders aged 18 or over) is amended as follows.
(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”.
14 (1) Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows.
(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.”
15 (1) Section 221 (dangerous offenders aged under 18) is amended as follows.
(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.
16 (1) Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows.
(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.”
17 (1) Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows.
(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.
18 (1) Section 228 (appeals where previous convictions set aside) is amended as follows.
(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.”
19 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)”.
20 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).”
21 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.”
22 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”.
23 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”.
Restrictions on imposing community punishment
24 In section 253(2)(h) (duties in complying with section 252) for “section 151(2) of the 2003 Act as applied by section 270 of this Act” substitute “section 270B(4)”.
25 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.
(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)”.
27 After section 270 insert—
“270A Community punishment available only for offences punishable with imprisonment or for offenders previously fined
The power to award a community punishment is only exercisable in respect of an offence if—
(a) a person who is guilty of such an offence is liable to imprisonment; or
(b) in any other case, section 270B(4) confers power to award such a punishment.
270B Community punishment for offender previously fined
(1) This section provides for the award of a community punishment by a court in respect of an offence (“the current offence”) committed by a person to whom subsection (2) or (3) applies.
(2) This subsection applies to the offender if—
(a) a person guilty of the current offence is liable to imprisonment,
(b) the offender was aged 16 or over when he was convicted;
(c) on three or more previous occasions the offender has, on conviction by a court for an offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and
(d) despite the effect of section 238(1)(b), 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 community punishment.
(3) This subsection applies to the offender if—
(a) a person guilty of the current offence is not liable to imprisonment;
(b) the offender was aged 16 or over when he was convicted; and
(c) on three or more previous occasions the offender has, on conviction by a court for an offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine.
(4) The court may award a community punishment in respect of the current offence if it considers that, having regard to all the circumstances including the matters referred to in subsection (5), it would be in the interests of justice to award such a punishment.
(5) Those matters are—
(a) the nature of the offences to which the previous convictions mentioned in subsection (2)(c) or (3)(c) (as the case may be) relate and their relevance to the current offence; and
(b) the time that has elapsed since the offender’s conviction of each of those offences
(6) In subsections (2)(c) and (3)(c) “conviction by a court” means—
(a) a conviction by a civilian court in any part of the United Kingdom for a service offence or for an offence punishable by the law of that part of the United Kingdom; or
(b) a conviction in service disciplinary proceedings.
(7) For the purposes of subsections (2)(c) and (3)(c) a compensation order or a service compensation order awarded in service disciplinary proceedings does not form part of an offender’s sentence.
(8) It is immaterial for the purposes of subsections (2)(c) and (3)(c) whether on previous occasions a court has passed on the offender a sentence not consisting only of a fine.
(9) This section does not limit the extent to which a court may, in accordance with section 238(1)(b) and (2), treat any previous convictions of the offender as increasing the seriousness of an offence.
(10) In this section—
(a) “service disciplinary proceedings” means proceedings (whether or not before a court) in respect of a service offence; and
(b) any reference to a conviction or sentence, in the context of such proceedings, includes anything that under section 376(1) to (3) is to be treated as a conviction or sentence.”
Review of sentence on reference by Attorney General
28 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).”
Compensation for miscarriages of justice
29 (1) Section 276 (compensation for miscarriages of justice) is amended as follows.
(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.”
30 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.”
31 In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “276A(7),”.
Imposition of unpaid work requirement for breach of service community order or overseas service community order
32 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)”.
Suspended prison sentences: further conviction or breach of requirement
33 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”.
PART 3 TRANSITIONAL PROVISIONS
Transitional provisions: compensation for miscarriage of justice
34 (1) Paragraph 29(3) has effect in relation to any application for compensation made in relation to—
(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)).
SCHEDULE 26: MINOR AND CONSEQUENTIAL AMENDMENTS
PART 1: FINE DEFAULTERS
Magistrates’ Courts Act 1980 (c. 43)
1 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)
2 (1) The Criminal Justice Act 2003 is amended as follows.
(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
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”.
PART 2 OTHER AMENDMENTS
Prison Act 1952 (c. 52)
3 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”.
Criminal Justice Act 1961 (c. 39)
4 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”.
Children and Young Persons Act 1969 (c. 54)
5 (1) Section 23AA of the Children and Young Persons Act 1969 (electronic monitoring of remand conditions) is amended as follows.
(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”.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
6 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”.
Wildlife and Countryside Act 1981 (c. 69)
7 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”.
Mental Health Act 1983 (c.20)
8 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)”.
Repatriation of Prisoners Act 1984 (c. 47)
9 The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
10 Before section 1 insert—
“Transfer of prisoners to or from the United Kingdom”.
11 (1) Section 1 (issue of warrant for transfer) is amended as follows.
(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).”
12 (1) Section 2 (transfer out of the United Kingdom) is amended as follows.
(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”.
13 (1) Section 3 (transfer into the United Kingdom) is amended as follows.
(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.
14 (1) Section 4 (temporary return) is amended as follows
(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).”.
15 Before section 5 (operation of warrant and retaking prisoners) insert—
“Supplementary and general provisions”.
16 (1) Section 5 (operation of warrant and retaking prisoners) is amended as follows.
(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”.”
17 (1) Section 6 (revocation etc. of warrants) is amended as follows.
(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;”.
18 (1) Section 8 is amended as follows.
(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,”.
19 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.
(2) For the cross-heading before paragraph 1 substitute—
(3) In paragraph 1—
Application of Part 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 2WARRANTS 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.”
Police and Criminal Evidence Act 1984 (c. 60)
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)—
(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”.
Criminal Justice Act 1987 (c. 38)
21 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”.
Criminal Justice Act 1988 (c. 33)
22 The Criminal Justice Act 1988 has effect subject to the following amendments.
23 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)”.
24 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))
25 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)
26 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)”.
Criminal Justice (International Co-operation) Act 1990 (c. 5)
27 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,”.
Broadcasting Act 1990 (c. 42)
28 (1) Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows.
(2) In subsection (4)(b), after “section 24” insert “or 29H”.
(3) In subsection (5)(b), after “section 22” insert “or 29F”.
Criminal Justice Act 1991 (c. 53)
29 (1) The Criminal Justice Act 1991 is amended as follows.
(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.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
30 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.”
Crime (Sentences) Act 1997 (c. 43)
31 The Crime (Sentences) Act 1997 has effect subject to the following amendments.
32 (1) Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.
(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.
33 (1) Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.
(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.”
Crime and Disorder Act 1998 (c. 37)
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.
(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;”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
35 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.
(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.
(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 The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.
39 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)
40 The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
41 In section 12 (absolute and conditional discharge), in subsection (1) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
42 In section 24(5)(a) (first meeting: duration of contract), after “under paragraph” insert “9ZD,”.
43 In section 28(a) (offender etc. referred back to court), for “Part I” substitute “Parts 1 and 1ZA”.
44 In section 92 (detention under sections 90 and 91: place of detention etc.) omit subsection (3).
45 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)”.
46 In section 130 (compensation orders), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
47 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)”.
48 In section 164 (further interpretative provisions), in subsection (3)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
49 (1) Schedule 1 (youth offender panels: further court proceedings) is amended as follows.
(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,”.
Criminal Justice and Court Services Act 2000 (c. 43)
50 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)
51 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).”
Crime (International Co-operation) Act 2003 (c. 32)
52 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.”
Sexual Offences Act 2003 (c. 42)
53 The Sexual Offences Act 2003 has effect subject to the following amendments.
54 (1) In section 83(6)(a) (notification requirements: initial notification) after “court” insert “or kept in service custody”.
(2) This paragraph extends to England and Wales and Northern Ireland only.
55 (1) In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “or kept in service custody”.
(2) This paragraph extends to England and Wales and Northern Ireland only.
56 (1) Section 133 (interpretation) is amended as follows.
(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.
57 (1) In section 138 (orders and regulations), at the end insert—
“(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.
58 (1) Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.
(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.
Criminal Justice Act 2003 (c. 44)
59 The Criminal Justice Act 2003 has effect subject to the following amendments.
60 (1) Section 23A (financial penalties) is amended as follows.
(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).
61 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.”
62 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),”.
63 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,”.
64 In section 142 (purposes of sentencing), in subsection (2)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
65 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)”.
66 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)”.
67 In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), omit “falling to be”.
68 In section 163 (general power of Crown Court to fine) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
69 In section 224 (meaning of “specified offence” etc), in subsection (3) the definition of relevant offence is omitted.
70 Section 233 (offences under service law) is omitted.
71 In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “one-half of”.
72 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.
73 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).”
74 (1) Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows.
(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.”
75 In section 326(5)(a) (review of arrangements), for “and this section” substitute “, this section and section 327A”.
76 In section 330(5)(a) (orders subject to the affirmative procedure) after “section 223,” insert—
“section 227(6),
section 228(7)”.
77 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)
78 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”.
Terrorism Act 2006 (c. 11)
79 (1) Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows.
(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).”
Natural Environment and Rural Communities Act 2006 (c. 16)
80 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);”.
Police and Justice Act 2006 (c. 48)
81 (1) The Police and Justice Act 2006 is amended as follows.
(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).
Armed Forces Act 2006 (c. 52)
82 (1) The Armed Forces Act 2006 has effect subject to the following amendments.
(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”.
Offender Management Act 2007 (c. 21)
83 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”.
SCHEDULE 27
TRANSITORY, TRANSITIONAL AND SAVING PROVISIONS
PART 1 YOUTH JUSTICE
Abolition of certain youth orders and related amendments
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—
(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).
Reparation orders
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.
(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.
Making of youth rehabilitation orders: other existing orders
3 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).
Instructions: other existing orders
4 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).
Fine default: section 35 of the Crime (Sentences) Act 1997
5 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.
Restrictions on imposing community sentences
6 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).
Attendance centre rules
7 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).
Release and recall of prisoners
8 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.
9 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).
10 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.
11 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.
12 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.
Fine defaulters
13 (1) Section 39 and Schedule 7 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.
(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.
PART 3 APPEALS
Appeals against conviction etc.
14 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.
15 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.
Prosecution appeals
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.
(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).
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.
(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).
PART 4 OTHER CRIMINAL JUSTICE PROVISIONS
Alternatives to prosecution for offenders under 18
18 The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.
Protection for spent cautions under Rehabilitation of Offenders Act 1974
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.
(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.
20 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.
Extension of powers of non-legal staff
21 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.
Compensation for miscarriages of justice
22 (1) Section 61(3) has effect in relation to any application for compensation made in relation to—
(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)).
PART 5 CRIMINAL LAW
Penalties for possession of extreme pornographic images
23 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).
Indecent photographs of children
24 (1) Section 69(3) applies in relation to things done as mentioned in—
(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
25 Section 71 does not apply to offences committed before the commencement of that section.
Offences relating to nuclear material and nuclear facilities
26 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.
Reasonable force for purposes of self-defence etc.
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.
(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.
Unlawfully obtaining etc. personal data: defences
28 The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.
PART 6 : INTERNATIONAL CO-OPERATION IN RELATION TO CRIMINAL JUSTICE MATTERS
Mutual recognition of financial penalties
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.
(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.
Repatriation of prisoners
30 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.
PART 7: VIOLENT OFFENDER ORDERS
Penalties for offences
31 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).
Service custody and detention
32 (1) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)—
(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.
PART 8 ANTI-SOCIAL BEHAVIOUR
Review of anti-social behaviour orders etc.
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.
(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).
Individual support orders
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.
(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).
PART 9 POLICE
Police misconduct and performance procedures
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.
(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).
PART 10 SPECIAL IMMIGRATION STATUS
Conditions on designated persons
36 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 MISCELLANEOUS
Persistent sales of tobacco to persons under 18
37 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.
Sexual offences
38 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.
SCHEDULE 28: REPEALS AND REVOCATIONS
PART 1
YOUTH REHABILITATION ORDERS
| 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) subsection (2); (b) in subsection (3)(a), “40(2)(a)”; (c) subsection (5). 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. |
| Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)— cont. | 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). |
| Criminal Justice and Court Services Act 2000 (c. 43)— cont. | 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. |
PART 2
SENTENCING
| 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). |
| Criminal Justice Act 2003 (c. 44)—cont | 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
APPEALS
| 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
OTHER CRIMINAL JUSTICE PROVISIONS
| 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
CRIMINAL LAW
| 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 pseudophotograph showing a child under 16”. |
| Terrorism Act 2006 (c. 11) | Section 14. |
PART 6
INTERNATIONAL CO-OPERATION IN RELATION TO CRIMINAL JUSTICE MATTERS
| 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
ANTI-SOCIAL BEHAVIOUR
| Title | Extent of repeal |
| Police and Justice Act 2006 (c. 48) | In Schedule 14, paragraph 55(5). |
PART 8
POLICING
| 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 subparagraphs (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. |
