UKPGA-1991-53 — Criminal Justice Act 1991

preamble

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 I

Powers of Courts to deal with Offenders

s. 1 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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s. 8 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 9 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 10 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 12 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 13 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 14 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 15 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 16 — Reciprocal enforcement of certain orders.

Schedule 3 to this Act shall have effect for making provision for and in connection with—

s. 16(a)

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

s. 16(b)

the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales.

s. 17 — Increase of certain maxima.

s. 17(1)

In section 37 (standard scale of fines) of the Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—.

s. 17(2)

Part I of the Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.

s. 17(2)(a)

in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) . . ., for “£400” there shall be substituted “£1,000”;

s. 17(2)(b)

in section 24(4) (maximum fine on summary conviction of child for indictable offence) . . ., for “£100” there shall be substituted “£250”; and

s. 17(2)(c)

in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;

s. 17(3)

Schedule 4 to this Act shall have effect as follows—

s. 17(3)(a)

in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;

s. 17(3)(b)

in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;

s. 17(3)(c)

in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;

s. 17(3)(d)

the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and

s. 17(3)(e)

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s. 18 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 19 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 20 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 20A — False statements as to financial circumstances.

s. 20A(1)

A person who is charged with an offence who, in furnishing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) in response to an official request—shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

s. 20A(1)(a)

makes a statement which he knows to be false in a material particular;

s. 20A(1)(b)

recklessly furnishes a statement which is false in a material particular; or

s. 20A(1)(c)

knowingly fails to disclose any material fact,

s. 20A(1A)

A person who is charged with an offence who fails to furnish a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

s. 20A(2)

For the purposes of this section an official request is a request which—

s. 20A(2)(a)

is made by the designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and

s. 20A(2)(b)

is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose and how it should be paid.

s. 20A(3)

Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.

s. 21 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 22 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 23 — Default in other cases.

s. 23(1)

In the Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—.

s. 23(2)

For the Table in section 407(1A) of the Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

s. 23(3)

In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

s. 24 — Recovery of fines etc. by deductions from universal credit and income support.

s. 24(1)

The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance, state pension credit or an... employment and support allowance

s. 24(1)(a)

the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit, in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit; and

s. 24(1)(b)

the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

s. 24(2)

The regulations may include—

s. 24(2)(a)

provision that, before making an application, the court shall make an enquiry as to the offender’s means;

s. 24(2)(aa)

provision that the court may require the offender to provide prescribed information in connection with an application;

s. 24(2)(b)

provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;

s. 24(2)(c)

provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;

s. 24(2)(d)

provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance, state pension credit or an... employment and support allowance do not fall below prescribed figures);

s. 24(2)(e)

provision as to the circumstances in which the Secretary of State is to cease making deductions;

s. 24(2)(f)

provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

s. 24(2)(g)

provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

s. 24(2A)

An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

s. 24(2B)

An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

s. 24(2B)(a)

makes a statement which he knows to be false in a material particular,

s. 24(2B)(b)

recklessly provides a statement which is false in a material particular, or

s. 24(2B)(c)

knowingly fails to disclose any material fact.

s. 24(2C)

A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

s. 24(3)

In subsection (1) above—

s. 24(3)(a)

the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and

s. 24(3)(b)

the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

s. 24(3)(c)

the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995(analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).

s. 24(3A)

This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.

s. 24(3B)

This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.

s. 24(4)

In this section—“fine” includes—(a) a penalty imposed under section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);(b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);(ba) a charge ordered to be paid under section 46 of the Sentencing Code(criminal courts charge);(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;...“income support” means income support within the meaning of the Social Security Act 1986, either alone or together with any ... incapacity benefit, or retirement pension which is paid by means of the same instrument of payment;“prescribed” means prescribed by regulations made by the Secretary of State.“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

s. 24(5)

In the application of this section to Scotland—

s. 24(5)(a)

references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

s. 24(5)(b)

in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

s. 25 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 26 — Alteration of certain penalties.

s. 26(1)

In section 7 of the Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

s. 26(2)

For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

s. 26(3)

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s. 26(4)

In section 51(4) of the Criminal Law Act 1977 (penalties for bomb hoaxes)—

s. 26(4)(a)

in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and

s. 26(4)(b)

in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.

s. 26(5)

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s. 27 — Treatment of offenders under 1983 Act.

s. 27(1)

After section 39 of the 1983 Act there shall be inserted the following section—

s. 27(2)

After section 54 of that Act there shall be inserted the following section—

s. 27(3)

In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.

s. 28 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 29 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 30 — Rules, regulations and orders.

s. 30(1)

Any power of the Secretary of State . . . to make rules, regulations or orders under this Part—

s. 30(1)(a)

shall be exercisable by statutory instrument; and

s. 30(1)(b)

shall include power to make different provision for different cases or classes of case.

s. 30(2)

A statutory instrument containing any rules, regulations or order under this Part . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 31 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Early Release of Prisoners

s. 32 — The Parole Board.

s. 32(1)

The Parole Board shall be, by that name, a body corporate and as such shall .

s. 32(a)

be constituted in accordance with this Part; and

s. 32(b)

have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.

s. 32(2)

It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.

s. 32(3)

The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of—and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.

s. 32(3)(a)

any documents given to it by the Secretary of State; and

s. 32(3)(b)

any other oral or written information obtained by it,

s. 32(4)

The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it.

s. 32(5)

Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

s. 32(6)

The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II; and in giving any such directions the Secretary of State shall in particular have regard to—

s. 32(6)(a)

the need to protect the public from serious harm from offenders; and

s. 32(6)(b)

the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

s. 32(7)

Schedule 5 to this Act shall have effect with respect to the Board.

s. 33 — Duty to release short-term and long-term prisoners.

s. 33(1)

As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—

s. 33(1)(a)

to release him unconditionally if that sentence is for a term of less than twelve months; and

s. 33(1)(b)

to release him on licence if that sentence is for a term of twelve months or more.

s. 33(2)

As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.

s. 33(3)

As soon as a short-term or long-term prisoner who—would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence.

s. 33(3)(a)

has been released on licence under this Part; and

s. 33(3)(b)

has been recalled to prison under section 39(1) or (2) below,

s. 33(3A)

In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).

s. 33(4)

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s. 33(5)

In this Part—“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.

s. 33A — Duty to release prisoners: special cases.

s. 33A(1)

As soon as a prisoner—would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.

s. 33A(1)(a)

whose sentence is for a term of less than twelve months; and

s. 33A(1)(b)

who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,

s. 33A(2)

As soon as a prisoner—would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.

s. 33A(2)(a)

whose sentence is for a term of twelve months or more; and

s. 33A(2)(b)

who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,

s. 33A(3)

In the case of a prisoner who—section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.

s. 33A(3)(a)

has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and

s. 33A(3)(b)

has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,

s. 34 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 34A — Power to release short-term prisoners on licence.

s. 34A(1)

Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner. . . is serving a sentence of imprisonment for a term of three months or more.

s. 34A(2)

Subsection (3) below does not apply where—

s. 34A(2)(a)

the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;

s. 34A(2)(b)

the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995;

s. 34A(2)(c)

the sentence was imposed under paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order;

s. 34A(2)(d)

the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983;

s. 34A(2)(da)

the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003;

s. 34A(2)(e)

the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;

s. 34A(2)(f)

the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;

s. 34A(2)(g)

the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;

s. 34A(2)(h)

the prisoner has been returned to prison under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 at any time; or

s. 34A(2)(j)

the interval between—is less than 14 days.

s. 34A(2)(j)(i)

the date on which the prisoner will have served the requisite period for the term of the sentence; and

s. 34A(2)(j)(ii)

the date on which he will have served one-half of the sentence,

s. 34A(3)

After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.

s. 34A(4)

In this section “the requisite period” means—

s. 34A(4)(a)

for a term of three months or more but less than four months, a period of 30 days;

s. 34A(4)(b)

for a term of four months or more but less than eighteen months , a period equal to one-quarter of the term;

s. 34A(4)(c)

for a term of eighteen months or more, a period that is 135 days less than one-half of the term.

s. 34A(5)

The Secretary of State may by order made by statutory instrument—

s. 34A(5)(a)

repeal the words “aged 18 or over” in subsection (1) above;

s. 34A(5)(b)

amend the definition of “the requisite period” in subsection (4) above; and

s. 34A(5)(c)

make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.

s. 34A(6)

No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

s. 35 — Power to release long-term and life prisoners.

s. 35(1)

After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.

s. 35(2)

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s. 35(3)

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s. 36 — Power to release prisoners on compassionate grounds.

s. 36(1)

The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

s. 36(2)

Before releasing a long-term . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.

s. 37 — Duration and conditions of licences.

s. 37(1)

Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to . . . any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.

s. 37(1A)

Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.

s. 37(1B)

Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

s. 37(1B)(a)

that proportion of his sentence; and

s. 37(1B)(b)

the duration of the curfew condition to which he is or was subject.

s. 37(2)

Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

s. 37(3)

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s. 37(4)

A person subject to a licence under this Part shall comply with such conditions . . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

s. 37(4A)

The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

s. 37(4A)(a)

an officer of a local probation board appointed for or assigned to the petty sessions area within which the person resides for the time being; or

s. 37(4A)(b)

where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

s. 37(5)

The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.

s. 37(6)

For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

s. 37(7)

The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 37A — Curfew condition to be included in licence under section 34A.

s. 37A(1)

A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—

s. 37A(1)(a)

requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and

s. 37A(1)(b)

includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.

s. 37A(2)

The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

s. 37A(3)

The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.

s. 37A(4)

The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

s. 37A(5)

The power conferred by subsection (4) above—

s. 37A(5)(a)

shall be exercisable by statutory instrument; and

s. 37A(5)(b)

shall include power to make different provision for different cases or classes of case or for different areas.

s. 37A(6)

Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales;

s. 37A(7)

In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.

s. 38 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 38A — Breach of curfew condition.

s. 38A(1)

If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.

s. 38A(1)(a)

that he has failed to comply with the curfew condition;

s. 38A(1)(b)

that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or

s. 38A(1)(c)

that it is necessary to do so in order to protect the public from serious harm from him,

s. 38A(2)

A person whose licence under section 34A(3) above is revoked under this section—

s. 38A(2)(a)

may make representations in writing with respect to the revocation;

s. 38A(2)(b)

on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.

s. 38A(3)

The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.

s. 38A(4)

Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.

s. 38A(5)

On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

s. 38A(6)

In this section “the curfew condition” has the same meaning as in section 37A above.

s. 39 — Recall of long-term and life prisoners while on licence.

s. 39(1)

If recommended to do so by the Board in the case of a short-term or long-term . . . prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.

s. 39(2)

The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.

s. 39(3)

A person recalled to prison under subsection (1) or (2) above—

s. 39(3)(a)

may make representations in writing with respect to his recall; and

s. 39(3)(b)

on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

s. 39(4)

The Secretary of State shall refer to the Board—

s. 39(4)(a)

the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and

s. 39(4)(b)

the case of a person recalled under subsection (2) above.

s. 39(5)

Where on a reference under subsection (4) above the Board—his immediate release on licence under this section, the Secretary of State shall give effect to the . . . recommendation.

s. 39(5)(a)

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

s. 39(5)(b)

recommends in the case of any . . . person,

s. 39(5A)

In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.

s. 39(6)

On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

s. 40 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 40A — Release on licence following return to prison.

s. 40A(1)

This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—

s. 40A(1)(a)

includes, or consists of, an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000; and

s. 40A(1)(b)

is for a term of twelve months or less.

s. 40A(2)

As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.

s. 40A(3)

Where the person is so released, the licence shall remain in force for a period of three months.

s. 40A(4)

If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—but not liable to be dealt with in any other way.

s. 40A(4)(a)

to a fine not exceeding level 3 on the standard scale; or

s. 40A(4)(b)

to a sentence of imprisonment for a term not exceeding the relevant period,

s. 40A(5)

In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.

s. 40A(6)

As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.

s. 41 — Remand time to count towards time served.

s. 41(1)

This section applies to any person whose sentence falls to be reduced under section 67 of the Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).

s. 41(2)

For the purpose of determining for the purposes of this Part—the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.

s. 41(2)(a)

whether a person to whom this section applies has served one-half or two-thirds of his sentence; or

s. 41(2)(b)

whether such a person would (but for his release) have served three-quarters of that sentence,

s. 41(3)

Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—

s. 41(3)(a)

one-quarter of his sentence in the case of a short-term prisoner; or

s. 41(3)(b)

one-twelfth of his sentence in the case of a long-term prisoner.

s. 42 — Additional days for disciplinary offences.

s. 42(1)

Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—who (in either case) are guilty of disciplinary offences.

s. 42(1)(a)

to short-term or long-term prisoners; or

s. 42(1)(b)

conditionally on their subsequently becoming such prisoners, to persons on remand,

s. 42(2)

Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—shall be extended by the aggregate of those additional days.

s. 42(2)(a)

any period which he must serve before becoming entitled to or eligible for release under this Part;

s. 42(2)(aa)

any period which he must serve before he can be removed under section 46A below; and

s. 42(2)(b)

any period for which a licence granted to him under this Part remains in force,

s. 43 — Young offenders.

s. 43(1)

Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000, as it applies to persons serving equivalent sentences of imprisonment.

s. 43(2)

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

s. 43(3)

References in this Part to prisoners . . ., or to prison or imprisonment, shall be construed in accordance with subsection (1). . . above.

s. 43(4)

In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—

s. 43(4)(a)

to release him unconditionally if his sentence is for a term of twelve months or less; and

s. 43(4)(b)

to release him on licence if that sentence is for a term of more than twelve months.

s. 43(5)

In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4A) above shall have effect as if the reference to supervision by an officer of a local probation board included a reference to supervision by a social worker of a local authority . . . .

s. 44 — Extended sentences for sexual or violent offenders.

s. 44(1)

This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of Criminal (Sentencing) Act 2000.

s. 44(2)

Subject to the provisions of this section and section 51(2D) below, this Part, except section 40A, shall have effect as if the term of the extended sentence did not include the extension period.

s. 44(3)

Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

s. 44(4)

Where, apart from this subsection, the prisoner would be released unconditionally—

s. 44(4)(a)

he shall be released on licence; and

s. 44(4)(b)

the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

s. 44(5)

The extension period shall be taken to begin as follows—

s. 44(5)(a)

for the purposes of subsection (3) above, on the date given by section 37(1) above;

s. 44(5)(b)

for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.

s. 44(6)

Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.

s. 44(7)

For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.

s. 44(8)

In this section “extension period” has the same meaning as in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.

s. 44A — Re-release of prisoners serving extended sentences.

s. 44A(1)

This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000 who is recalled to prison under section 39(1) or (2) above.

s. 44A(2)

Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.

s. 44A(3)

Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.

s. 44A(4)

On a reference—the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).

s. 44A(4)(a)

under this section; or

s. 44A(4)(b)

under section 39(4) above,

s. 44A(5)

If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.

s. 45 — Fine defaulters and contemnors.

s. 45(1)

Subject to subsection (2) below, this Part (except sections 33A, 34A and 35 above) applies to persons committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.

s. 45(1)(a)

in default of payment of a sum adjudged to be paid by a conviction; or

s. 45(1)(b)

for contempt of court or any kindred offence,

s. 45(2)

In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.

s. 45(3)

In section 33 above, for subsections (1) to (3) there shall be substituted the following subsections—

s. 45(4)

In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—

s. 46 — Persons liable to removal from the United Kingdom.

s. 46(1)

In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.

s. 46(2)

In relation to a person who is liable to removal from the United Kingdom, section 37 above shall have effect as if subsection (4A) were omitted .

s. 46(3)

A person is liable to removal from the United Kingdom for the purposes of this section if—

s. 46(3)(a)

he is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

s. 46(3)(b)

he is liable to deportation under section 3(6) of that Act;

s. 46(3)(c)

he has been notified of a decision to refuse him leave to enter the United Kingdom; or

s. 46(3)(d)

he is an illegal entrant within the meaning of section 33(1) of that Act. or

s. 46(3)(e)

he is liable to removal under section 10 of the Immigration and Asylum Act 1999

s. 46A — Early removal of persons liable to removal from United Kingdom

s. 46A(1)

Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period.

s. 46A(2)

Subsection (1) above does not apply where—

s. 46A(2)(a)

the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000,

s. 46A(2)(b)

the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,

s. 46A(2)(c)

the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,

s. 46A(2)(d)

the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or

s. 46A(2)(e)

the interval between—is less than 14 days.

s. 46A(2)(e)(i)

the date on which the prisoner will have served the requisite period for the term of the sentence, and

s. 46A(2)(e)(ii)

the date on which he will have served one-half of the sentence,

s. 46A(3)

A prisoner removed from prison under this section—

s. 46A(3)(a)

is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

s. 46A(3)(a)(i)

Schedule 2 or 3 to the Immigration Act 1971, or

s. 46A(3)(a)(ii)

section 10 of the Immigration and Asylum Act 1999, and

s. 46A(3)(b)

so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above.

s. 46A(4)

So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison.

s. 46A(5)

In this section “the requisite period” means—

s. 46A(5)(a)

for a term of three months or more but less than four months, a period of 30 days;

s. 46A(5)(b)

for a term of four months or more but less than 18 months, a period equal to one-quarter of the term;

s. 46A(5)(c)

for a term of 18 months or more, a period that is 135 days less than one-half of the term.

s. 46A(6)

The Secretary of State may by order made by statutory instrument—

s. 46A(6)(a)

amend the definition of “the requisite period” in subsection (5) above,

s. 46A(6)(b)

make such transitional provision as appears to him necessary or expedient in connection with the amendment.

s. 46A(7)

No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

s. 46A(8)

In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997.

s. 46B — Re-entry into United Kingdom of offender removed early from prison

“further custodial period” has the meaning given by subsection (2)(a) above;“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence;“sentence expiry date”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence.

s. 46B(1)

This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence.

s. 46B(2)

If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—

s. 46B(2)(a)

the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

s. 46B(2)(b)

his sentence expiry date.

s. 46B(3)

A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.

s. 46B(4)

Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection.

s. 46B(5)

Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period.

s. 46B(6)

If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence.

s. 46B(7)

If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State—

s. 46B(7)(a)

if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and

s. 46B(7)(b)

if he is recalled after that date, to release him on the sentence expiry date.

s. 46B(8)

A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date.

s. 46B(9)

In this section—

s. 47 — Persons extradited to the United Kingdom.

s. 47(1)

A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

s. 47(1)(a)

he was tried for the offence in respect of which his sentence was imposed—

s. 47(1)(a)(i)

after having been extradited to the United Kingdom; and

s. 47(1)(a)(ii)

without having first been restored or had an opportunity of leaving the United Kingdom; and

s. 47(1)(b)

he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.

s. 47(2)

If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

s. 47(3)

The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

s. 47(4)

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

s. 48 — Life prisoners transferred to England and Wales.

s. 48(1)

This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

s. 48(1)(a)

he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and

s. 48(1)(b)

the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,

s. 48(2)

In a case to which this section applies, this Part except section 35(2) above shall apply as if—

s. 48(2)(a)

the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and

s. 48(2)(b)

the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.

s. 48(3)

In this section “transferred life prisoner” means a person—

s. 48(3)(a)

on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

s. 48(3)(b)

who has been transferred to England and Wales, in pursuance of—there to serve his sentence or sentences or the remainder of his sentence or sentences.

s. 48(3)(b)(i)

an order made by the Secretary of State under section 26 of the Criminal Justice Act 1961 or section 2 of the Colonial Prisoners Removal Act 1884; or

s. 48(3)(b)(ii)

a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984,

s. 48(4)

A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

s. 49 — Alteration by order of relevant proportions of sentences.

s. 49(1)

The Secretary of State may by order made by statutory instrument provide—

s. 49(1)(a)

that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;

s. 49(1)(b)

that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.

s. 49(2)

An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

s. 49(3)

No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

s. 50 — Transfer by order of certain functions to Board.

s. 50(1)

The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections (2) or (3) below shall have effect subject to the modifications so specified.

s. 50(2)

In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).

s. 50(3)

In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.

s. 50(4)

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

s. 50(5)

No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

s. 51 — Interpretation of Part II.

s. 51(1)

In this Part—“the Board” means the Parole Board;. . .. . .“long-term prisoner” and “short-term prisoner” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above);“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.“sexual offence” and “violent offence” have the same meanings as in the Powers of Criminal Courts (Sentencing) Act 2000.

s. 51(2)

For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

s. 51(2)(a)

the sentences were passed on the same occasion; or

s. 51(2)(b)

where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

s. 51(2A)

Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.

s. 51(2B)

Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—

s. 51(2B)(a)

nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;

s. 51(2B)(b)

nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;

s. 51(2B)(c)

on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences;. . .

s. 51(2B)(d)

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

s. 51(2C)

Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall—

s. 51(2C)(a)

require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or

s. 51(2C)(b)

require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.

s. 51(2D)

Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000) included the extension period (within the meaning of that section).

s. 51(3)

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

s. 51(4)

Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.

Part III

Children and Young Persons

s. 52 — Competence of children as witnesses.

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

s. 53 — Notices of transfer in certain cases involving children.

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

s. 54 — Video recordings of testimony from child witnesses.

After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—

s. 55 — Further amendments of enactments relating to children’s evidence.

s. 55(1)

In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—

s. 55(2)

In subsection (1) of section 32 of the 1988 Act (evidence through television links)—

s. 55(2)(a)

for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and

s. 55(2)(b)

for paragraph (b) there shall be substituted the following paragraph—.

s. 55(3)

After that subsection there shall be inserted the following subsection—

s. 55(4)

After subsection (3) of that section there shall be inserted the following subsections—

s. 55(5)

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

s. 55(6)

After subsection (5) of that section there shall be inserted the following subsection—

s. 55(7)

After section 34 of the 1988 Act there shall be inserted the following section—

s. 56 — Attendance at court of parent or guardian.

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—

s. 57 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 58 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 59 — Detention at a police station.

In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—

s. 60 — Remands and committals to local authority accommodation.

s. 60(1)

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

s. 60(2)

In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—

s. 60(2)(a)

in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;

s. 60(2)(b)

in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and

s. 60(2)(c)

after that subsection there shall be inserted the following subsection—

s. 60(3)

In the case of a child or young person who has been remanded ... to local authority accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) shall, notwithstanding anything in section 92(7) of the Children Act 1989, be made to that court.

s. 61 — Provision by local authorities of secure accommodation.

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

s. 61A — Cost of secure accommodation.

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

s. 62 — Transitory provisions pending provision of secure accommodation.

s. 62(1)

In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.

s. 62(2)

In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.

s. 62(3)

For subsections (4) and (5) there shall be substituted the following subsections—

s. 62(4)

In subsection (6)—

s. 62(4)(a)

for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and

s. 62(4)(b)

for the words “subsection (5) above” there shall be substituted the words “that subsection”.

s. 62(5)

In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.

s. 62(6)

After subsection (9) there shall be inserted the following subsection—

s. 62(7)

In subsection (12), the definition of “secure accommodation” shall be omitted.

s. 63 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 64 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 65 — Supervision of young offenders after release.

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

s. 66 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 67 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 68 — Persons aged 17 to be treated as young persons for certain purposes.

The following enactments, namely—shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.

s. 68(a)

the Children and Young Persons Acts 1933 to 1969;

s. 68(b)

section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);

s. 68(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

s. 68(d)

the 1980 Act,

s. 69 — Non-appearance of persons aged 16 or 17: plea of guilty.

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

s. 70 — Renaming of juvenile courts etc.

s. 70(1)

Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

s. 70(2)

Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

s. 71 — Amendments to service law.

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

s. 72 — Repeal of certain provisions not brought in force.

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Part IV

Provision of Services

s. 73 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 74 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 75 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 76 — Provision of court security officers.

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

s. 77 — Powers and duties of court security officers.

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

s. 78 — Protection of court security officers.

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

s. 79 — Duties of responsible authorities.

s. 79(1)

In section 55(2) (duties of local authorities outside Greater London) of the Justices of the Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—.

s. 79(2)

In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—.

s. 80 — Arrangements for the provision of prisoner escorts.

s. 80(1)

The Secretary of State may make arrangements for any of the following functions, namely—to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

s. 80(1)(a)

the delivery of prisoners from one set of relevant premises to another;

s. 80(1)(b)

the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

s. 80(1)(ba)

the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;

s. 80(1)(c)

the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and

s. 80(1)(e)

the custody of prisoners while they are outside a prison for temporary purposes,

s. 80(1A)

In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.

s. 80(1B)

Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.

s. 80(2)

Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

s. 80(3)

Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

s. 80(4)

In this section—“enforcement hearing”, “live audio link”, “live video link”, “preliminary hearing” and “sentencing hearing” each has the meaning given in section 56(1) of the Criminal Justice Act 2003;“hospital” has the same meaning as in the Mental Health Act 1983;“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the Criminal Appeal Act 1968;“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;“warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

s. 81 — Monitoring etc. of prisoner escort arrangements.

s. 81(1)

Prisoner escort arrangements shall include the appointment of—

s. 81(1)(a)

a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

s. 81(1)(b)

a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

s. 81(2)

It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

s. 81(2)(a)

any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and

s. 81(2)(b)

any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

s. 81(3)

Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

s. 82 — Powers and duties of prisoner custody officers acting in pursuance of such arrangements.

s. 82(1)

A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

s. 82(1)(a)

to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and

s. 82(1)(b)

to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.

s. 82(2)

The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.

s. 82(3)

A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

s. 82(3)(a)

to prevent their escape from lawful custody;

s. 82(3)(b)

to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

s. 82(3)(c)

to ensure good order and discipline on their part;

s. 82(3)(d)

to attend to their wellbeing; and

s. 82(3)(e)

to give effect to any directions as to their treatment which are given by a court,

s. 82(4)

Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

s. 82(4)(a)

in the case of the Crown Court, under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000(power of Court to order search of persons before it); or

s. 82(4)(b)

in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

s. 82(4A)

Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.

s. 82(4B)

It is the prisoner custody officer’s duty to give effect to—

s. 82(4B)(a)

any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or

s. 82(4B)(b)

any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.

s. 82(4C)

The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

s. 82(5)

The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3), (4) and (4B) above, shall include power to use reasonable force where necessary.

s. 82(6)

The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 83 — Breaches of discipline by prisoners under escort.

s. 83(1)

This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

s. 83(2)

For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been—at all times during the period for which the prisoner custody officer was so responsible.

s. 83(2)(a)

in the custody of the governor of the prison; or

s. 83(2)(b)

in the case of a contracted out prison, in the custody of its director,

s. 83(3)

In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

s. 83(4)

Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

s. 83(5)

In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.

s. 84 — Contracting out prisons etc.

s. 84(1)

The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

s. 84(2)

While a contract under this section for the running of a prison or part of a prison is in force—

s. 84(2)(a)

the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

s. 84(2)(b)

in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

s. 84(3)

Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

s. 84(3)(a)

Part II of the Landlord and Tenant Act 1954 (security of tenure);

s. 84(3)(b)

section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);

s. 84(3)(c)

section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.); and

s. 84(3)(d)

the Agricultural Holdings Act 1986.

s. 84(4)

In this Part—“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;“the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

s. 85 — Officers of contracted out prisons.

s. 85(1)

Instead of a governor, every contracted out prison shall have—and every officer of such a prison who performs custodial duties shall (subject to section 86B) be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.

s. 85(1)(a)

a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

s. 85(1)(b)

a controller, who shall be a Crown servant appointed by the Secretary of State;

s. 85(2)

. . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.

s. 85(3)

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

s. 85(4)

The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

s. 85(4)(a)

to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

s. 85(4)(b)

to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.

s. 85(5)

The contractor and any sub-contractor of his shall each be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

s. 86 — Powers and duties of prisoner custody officers employed at contracted out prisons.

s. 86(1)

A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—

s. 86(1)(a)

to search in accordance with prison rules any prisoner who is confined in the prison; and

s. 86(1)(b)

to search in accordance with prison rules any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.

s. 86(2)

The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979). .

s. 86(3)

A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—

s. 86(3)(a)

to prevent their escape from lawful custody;

s. 86(3)(b)

to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

s. 86(3)(c)

to ensure good order and discipline on their part; and

s. 86(3)(d)

to attend to their wellbeing.

s. 86(4)

The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.

s. 86A — Power of prisoner custody officers to detain suspected offenders

s. 86A(1)

A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).

s. 86A(2)

Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—

s. 86A(2)(a)

require the person to wait with him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and

s. 86A(2)(b)

use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).

s. 86A(3)

A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

s. 86A(4)

In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.

s. 86B — Powers of authorised persons to perform custodial duties

s. 86B(1)

In this section—“restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—a prisoner custody officer authorised to perform custodial duties; or a prison officer temporarily attached to the prison; and“worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.

s. 86B(2)

The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.

s. 86B(3)

A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.

s. 86B(4)

The director may give such authorisation—

s. 86B(4)(a)

in general or specific terms, subject to any limitations or conditions he considers appropriate; and

s. 86B(4)(b)

to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.

s. 86B(5)

Nothing in an order or authorisation under this section is to be taken as authorising the use of force.

s. 86B(6)

An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 87 — Consequential modifications of 1952 Act.

s. 87(1)

In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.

s. 87(2)

In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.

s. 87(3)

Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).

s. 87(4)

In sections 8A(3), (4) and (5) 10(5), 12(3), 13(1) 16A 16B and 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.

s. 87(4A)

Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.

s. 87(5)

In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.

s. 87(6)

In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

s. 87(7)

In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

s. 87(8)

Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.

s. 88 — Intervention by the Secretary of State.

s. 88(1)

This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

s. 88(1)(a)

that the director has lost, or is likely to lose, effective control of the prison or any part of it; and

s. 88(1)(b)

that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

s. 88(2)

The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

s. 88(2)(a)

beginning with the time specified in the appointment; and

s. 88(2)(b)

ending with the time specified in the notice of termination under subsection (4) below.

s. 88(3)

During that period—

s. 88(3)(a)

all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

s. 88(3)(b)

the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

s. 88(3)(c)

the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

s. 88(4)

Where the Secretary of State is satisfied—he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

s. 88(4)(a)

that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

s. 88(4)(b)

that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

s. 88(5)

As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.

s. 88A — Contracted out functions at directly managed prisons.

s. 88A(1)

The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

s. 88A(2)

Sections 86 and 86A above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as they apply in relation to such an officer performing custodial duties at a contracted out prison.

s. 88A(3)

In relation to a directly managed prison—shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

s. 88A(3)(a)

the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and

s. 88A(3)(b)

the reference in section 14(2) of that Act (cells) to a prison officer,

s. 88A(4)

Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

s. 88A(5)

In this Part—“contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;“directly managed prison” means a prison which is not a contracted out prison.

s. 89 — Certification of prisoner custody officers

s. 89(1)

In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

s. 89(1)(a)

that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

s. 89(1)(b)

that he is accordingly authorised to perform them.

s. 89(2)

The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.

s. 89(3)

In this section and Schedule 10 to this Act—“custodial duties” means custodial duties at a contracted out or directly managed prison;“escort functions” means the functions specified in section 80(1) above.

s. 90 — Protection of prisoner custody officers.

s. 90(1)

Any person who assaults a prisoner custody officer shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

s. 90(1)(a)

acting in pursuance of prisoner escort arrangements;

s. 90(1)(b)

performing custodial duties at a contracted out prison; or

s. 90(1)(c)

performing contracted out functions at a directly managed prison,

s. 90(2)

Section 17(2) of the Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

s. 90(3)

Any person who resists or wilfully obstructs a prisoner custody officer shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

s. 90(3)(a)

acting in pursuance of prisoner escort arrangements;

s. 90(3)(b)

performing custodial duties at a contracted out prison; or

s. 90(3)(c)

performing contracted out functions at a directly managed prison,

s. 90(4)

For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

s. 91 — Wrongful disclosure of information.

s. 91(1)

A person who shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

s. 91(1)(a)

is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or

s. 91(1)(b)

is or has been employed to perform contracted out functions at a directly managed prison,

s. 91(2)

A person guilty of an offence under subsection (1) above shall be liable—

s. 91(2)(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

s. 91(2)(b)

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

s. 92 — Interpretation of Part IV.

s. 92(1)

In this Part unless the context otherwise requires—“contracted out prison” and “the contractor” have the meanings given by section 84(4) above;“contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) above;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“prison” includes a young offender institution or remand centre;“prison officer” means an officer of a directly managed prison;“prison rules” means rules made under section 47 of the 1952 Act;“prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;“prisoner custody officer” has the meaning given by section 89(1) above;“prisoner escort arrangements” has the meaning given by section 80(2) above.“sub-contractor” has the meaning given by section 84(4) above.

s. 92(1A)

Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

s. 92(2)

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

s. 92(3)

Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—

s. 92(3)(a)

any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and

s. 92(3)(b)

any reference in section 80(1)(c) or (e) or (1A) above to a prison included a reference to accommodation in which a person is or is to be accommodated pursuant to such a remand.

s. 92(4)

In sections 80, 82 and 83 above, “prison”—

s. 92(4)(a)

so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the Prisons (Scotland) Act 1989; and

s. 92(4)(b)

so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.

Part V

Financial and Other Provisions

s. 93 — Cash limits for magistrates’ courts.

s. 93(1)

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

s. 93(2)

In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the following subsection—

s. 93(3)

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

s. 93(4)

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

s. 94 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 95 — Information for financial and other purposes.

s. 95(1)

The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—

s. 95(1)(a)

enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions;

s. 95(1)(aa)

enabling such persons to become aware of the relative effectiveness of different sentences—

s. 95(1)(aa)(i)

in preventing re-offending, and

s. 95(1)(aa)(ii)

in promoting public confidence in the criminal justice system; or

s. 95(1)(b)

facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.

s. 95(2)

Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.

s. 96 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 97 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI

Supplemental

s. 98 — Expenses etc. under Act.

There shall be paid out of money provided by Parliament—

s. 98(a)

any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above . . .;

s. 98(b)

any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;

s. 98(c)

any administrative expenses incurred by the Secretary of State under this Act; and

s. 98(d)

any increase attributable to this Act in the sums payable out of money so provided under any other Act.

s. 99 — General interpretation.

s. 99(1)

In this Act—“the 1933 Act” means the Children and Young Persons Act 1933;“the 1952 Act” means the Prison Act 1952;“the 1967 Act” means the Criminal Justice Act 1967;“the 1969 Act” means the Children and Young Persons Act 1969;“the 1973 Act” means the Powers of Criminal Courts Act 1973;. . .“the 1980 Act” means the Magistrates’ Courts Act 1980;“the 1982 Act” means the Criminal Justice Act 1982;“the 1983 Act” means the Mental Health Act 1983;“the 1988 Act” means the Criminal Justice Act 1988;“child”, unless the contrary intention appears, means a person under the age of fourteen years;“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;“prison rules” means rules made under section 47 of the 1952 Act;“young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

s. 99(2)

For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.

s. 100 — Minor and consequential amendments.

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

s. 101 — Transitional provisions, savings and repeals.

s. 101(1)

The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

s. 101(2)

The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

s. 102 — Short title, commencement and extent.

s. 102(1)

This Act may be cited as the Criminal Justice Act 1991.

s. 102(2)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.

s. 102(3)

Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

s. 102(4)

Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

s. 102(5)

The following provisions of this Act, namely—also extend to Scotland; and section 23(2) above and, in so far as relating to the Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

s. 102(5)(a)

this section;

s. 102(5)(b)

sections 16, 17(1) and (2), 24 and 26(3) and (4); and

s. 102(5)(c)

Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, . . . and, so far as relating to the Social Work (Scotland) Act 1968, Schedule 13,

s. 102(6)

This section, section 16 above, Schedule 3 to this Act, . . . and, so far as relating to the Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.

s. 102(7)

An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.

s. 102(7)(a)

section 37 of that Act as amended by section 17(1) above; and

s. 102(7)(b)

section 32 of the 1980 Act as amended by section 17(2) above,

s. 102(7A)

Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

s. 102(8)

Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Armed Forces Act 1991.

Sch 1

Amendments of 1973 Act

Sch 1

Provisions Inserted as Sections 1A to 1C

Sch 1

Provisions Inserted as Schedule 1A

Sch 2

Enforcement etc. of Community Orders

Sch 2

Preliminary

Sch 2 para 1

Sch 2 para 1(1)

In this Schedule “relevant order” means any of the following orders, namely, a probation order, a drug treatment and testing order, a community service order and a curfew order; and “the petty sessions area concerned” means—

Sch 2 para 1(1)(a)

in relation to a probation, community service or drug treatment and testing order, the petty sessions area for the time being specified in the order; and

Sch 2 para 1(1)(b)

in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated.

Sch 2 para 1(2)

Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders—

Sch 2 para 1(2)(a)

in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

Sch 2 para 1(2)(b)

in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

Sch 2 para 1(3)

In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act.

Sch 2 para 1(4)

In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.

Sch 2 para 1(5)

Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed—

Sch 2 para 1(5)(a)

if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;

Sch 2 para 1(5)(b)

if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

Sch 2 para 1(6)

Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.

Sch 2

Breach of Requirement of Order

Sch 2 para 2

Sch 2 para 2(1)

If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—

Sch 2 para 2(1)(a)

in the case of a drug treatment and testing order, before the court responsible for the order;

Sch 2 para 2(1)(b)

in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

Sch 2 para 2(1)(c)

in the case of any other relevant order, before a magistrates’ court acting for the petty sessions area concerned.

Sch 2 para 2(2)

Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought

Sch 2 para 2(2)(a)

except where the relevant order is a drug treatment and testing order, before a magistrates’ court acting for the petty sessions area concerned;

Sch 2 para 2(2)(b)

in the excepted case, before the court responsible for the order.

Sch 2 para 3

Sch 2 para 3(1)

If it is proved to the satisfaction of a magistrates’ court before which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—

Sch 2 para 3(1)(a)

it may impose on him a fine not exceeding £1,000;

Sch 2 para 3(1)(b)

subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

Sch 2 para 3(1)(c)

where—and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or

Sch 2 para 3(1)(c)(i)

the relevant order is a probation order and the offender is under the age of twenty-one years, or

Sch 2 para 3(1)(c)(ii)

the relevant order is a curfew order and the offender is under the age of sixteen years,

Sch 2 para 3(1)(d)

where the relevant order was made by a magistrates’ court, it may . . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

Sch 2 para 3(2)

In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—

Sch 2 para 3(2)(a)

shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

Sch 2 para 3(2)(b)

in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

Sch 2 para 3(2A)

Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

Sch 2 para 3(3)

Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

Sch 2 para 3(4)

A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court—and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

Sch 2 para 3(4)(a)

a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

Sch 2 para 3(4)(b)

such other particulars of the case as may be desirable;

Sch 2 para 3(5)

A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.

Sch 2 para 4

Sch 2 para 4(1)

Where under paragraph 2 or by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—

Sch 2 para 4(1)(a)

it may impose on him a fine not exceeding £1,000;

Sch 2 para 4(1)(b)

subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

Sch 2 para 4(1)(c)

where—and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or

Sch 2 para 4(1)(c)(i)

the relevant order is a probation order and the offender is under the age of twenty-one years, or

Sch 2 para 4(1)(c)(ii)

the relevant order is a curfew order and the offender is under the age of sixteen years,

Sch 2 para 4(1)(d)

it may . . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted before the Crown Court of the offence.

Sch 2 para 4(2)

In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

Sch 2 para 4(2)(a)

shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

Sch 2 para 4(2)(b)

in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

Sch 2 para 4(2A)

Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

Sch 2 para 4(3)

In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

Sch 2 para 5

Sch 2 para 5(1)

Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.

Sch 2 para 5(2)

An offender who shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Sch 2 para 5(2)(a)

is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or

Sch 2 para 5(2)(b)

is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,

Sch 2 para 6

Sch 2 para 6(1)

Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) , (b) or (c) above shall be without prejudice to the continuance of the relevant order.

Sch 2 para 6(2)

A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

Sch 2 para 6(3)

The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

Sch 2 para 6(3)(a)

shall be specified in the order and shall not exceed 60 in the aggregate; and

Sch 2 para 6(3)(b)

where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

Sch 2 para 6(3A)

A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years.

Sch 2 para 6(4)

Section 14(2) of the 1973 Act and, so far as applicable—shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

Sch 2 para 6(4)(a)

the following provisions of that Act relating to community service orders; and

Sch 2 para 6(4)(b)

the provisions of this Schedule so far as so relating,

Sch 2 para 6(5)

Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above—and in this sub-paragraph “the original order” means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b).

Sch 2 para 6(5)(a)

the power conferred on the court by each of paragraphs 3(1)(d) and 4(1)(d) above and paragraph 7(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court could deal with him if that failure to comply had just been proved to the satisfaction of the court;

Sch 2 para 6(5)(b)

the references in paragraphs 7(1)(b) and 8(1)(a) below to the offence in respect of which the order was made shall be construed as references to the failure to comply in respect of which the order was made; and

Sch 2 para 6(5)(c)

the power conferred on the court by paragraph 8(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court which made the original order could deal with him if that failure had just been proved to the satisfaction of that court;

Sch 2 para 6(6)

The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted—

Sch 2 para 6(6)(a)

subsection (13) of section 17;

Sch 2 para 6(6)(b)

from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”.

Sch 2 para 6A

Sch 2 para 6A(1)

Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following—

Sch 2 para 6A(1)(a)

to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

Sch 2 para 6A(1)(b)

to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

Sch 2 para 6A(2)

In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.

Sch 2

Revocation of Order

Sch 2 para 7

Sch 2 para 7(1)

This paragraph applies where a relevant order made by a magistrates’ court is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned or, where the relevant order is a drug treatment and testing order, to the magistrates’ court responsible for the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

Sch 2 para 7(1)(a)

that the order should be revoked; or

Sch 2 para 7(1)(b)

that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

Sch 2 para 7(2)

The court may—

Sch 2 para 7(2)(a)

revoke the order; or

Sch 2 para 7(2)(b)

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

Sch 2 para 7(3)

The circumstances in which a probation order or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

Sch 2 para 7(4)

In dealing with an offender under sub-paragraph (2)(b) above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Sch 2 para 7(5)

An offender sentenced under sub-paragraph (2)(b) above for an offence may appeal to the Crown Court against the sentence.

Sch 2 para 7(6)

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

Sch 2 para 7(7)

Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

Sch 2 para 7(8)

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

Sch 2 para 8

Sch 2 para 8(1)

This paragraph applies where—

Sch 2 para 8(1)(a)

a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

Sch 2 para 8(1)(b)

an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.

Sch 2 para 8(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 order was made, the Crown Court may—

Sch 2 para 8(2)(a)

revoke the order; or

Sch 2 para 8(2)(b)

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order.

Sch 2 para 8(3)

The circumstances in which a probation order or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

Sch 2 para 8(4)

In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Sch 2 para 8A

Sch 2 para 8A(1)

This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

Sch 2 para 8A(1)(a)

for the probation order to be revoked; and

Sch 2 para 8A(1)(b)

for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.

Sch 2 para 8A(2)

No application may be made under paragraph 7 or 8 above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.

Sch 2 para 8A(3)

Where this paragraph applies. . .—

Sch 2 para 8A(3)(a)

the court dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

Sch 2 para 8A(3)(b)

the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.

Sch 2 para 8A(4)

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

Sch 2 para 8A(5)

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

Sch 2 para 8A(6)

For the purposes of sub-paragraph (3) above, subsection (1) of section 1A of the 1973 Act shall apply as if—

Sch 2 para 8A(6)(a)

for the words from the beginning to “may make an order either” there were substituted the words “Where paragraph 8A of Schedule 2 to the Criminal Justice Act 1991 applies, the court which under sub-paragraph (3). . . of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender”; and

Sch 2 para 8A(6)(b)

paragraph (a) of that subsection were omitted.

Sch 2 para 8A(7)

An application under this paragraph may be heard in the offender’s absence if—and where the application is so heard section 1A(3) of the 1973 Act shall not apply.

Sch 2 para 8A(7)(a)

the application is made by the responsible officer; and

Sch 2 para 8A(7)(b)

that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

Sch 2 para 8A(8)

No application may be made under this paragraph while an appeal against the probation order is pending.

Sch 2 para 8A(9)

Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

Sch 2 para 8A(10)

Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.

Sch 2 para 9

Sch 2 para 9(1)

This paragraph applies where—

Sch 2 para 9(1)(a)

an offender in respect of whom a relevant order is in force is convicted of an offence—

Sch 2 para 9(1)(a)(i)

by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or

Sch 2 para 9(1)(a)(ii)

where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and

Sch 2 para 9(1)(b)

the court imposes a custodial sentence on the offender.

Sch 2 para 9(2)

If it appears to the court, on the application of the offender or the responsible officer, 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—

Sch 2 para 9(2)(a)

if the order was made by a magistrates’ court, revoke it; and

Sch 2 para 9(2)(b)

if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

Sch 2 para 9(3)

Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

Sch 2 para 10

Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and 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 relevant order was made, the Crown Court may revoke the order.

Sch 2 para 11

Sch 2 para 11(1)

On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.

Sch 2 para 11(2)

A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

Sch 2 para 11A

Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words “powers exercisable under paragraph 3(1)(d) above” there were substituted the words “powers to deal with the offender which are exercisable under paragraph 7(2)(b) or 8(2)(b) below”.

Sch 2 para 11B

Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and—section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances.

Sch 2 para 11B(a)

the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates’ court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but

Sch 2 para 11B(b)

the relevant order was made in those circumstances,

Sch 2

Amendment of Order

Sch 2 para 12

Sch 2 para 12(1)

This paragraph applies where, at any time while a relevant order (other than a drug treatment and testing order) is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

Sch 2 para 12(2)

Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

Sch 2 para 12(3)

The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either—

Sch 2 para 12(3)(a)

cancels those requirements; or

Sch 2 para 12(3)(b)

substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

Sch 2 para 12(4)

The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

Sch 2 para 12(5)

Where—the court shall further amend the order by substituting the other authority for the authority specified in the order.

Sch 2 para 12(5)(a)

the court amends a probation order or community service order under this paragraph;

Sch 2 para 12(5)(b)

a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and

Sch 2 para 12(5)(c)

the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,

Sch 2 para 12(6)

In sub-paragraph (5) above “local authority” has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.

Sch 2 para 13

Sch 2 para 13(1)

Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—

Sch 2 para 13(1)(a)

by cancelling any of the requirements of the order; or

Sch 2 para 13(1)(b)

by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

Sch 2 para 13(2)

The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely—

Sch 2 para 13(2)(a)

the court shall not amend a probation order—

Sch 2 para 13(2)(a)(i)

by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or

Sch 2 para 13(2)(a)(ii)

by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the offender has expressed his willingness to comply with such a requirement and the amending order is made within three months after the date of the original order; and

Sch 2 para 13(2)(b)

the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

Sch 2 para 13(3)

In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

Sch 2 para 14

Sch 2 para 14(1)

Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.

Sch 2 para 14(1)(a)

is of the opinion mentioned in sub-paragraph (2) below; or

Sch 2 para 14(1)(b)

is for any reason unwilling to continue to treat or direct the treatment of the offender,

Sch 2 para 14(2)

The opinion referred to in sub-paragraph (1) above is—

Sch 2 para 14(2)(a)

that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

Sch 2 para 14(2)(b)

that the offender needs different treatment . . .;

Sch 2 para 14(2)(c)

that the offender is not susceptible to treatment; or

Sch 2 para 14(2)(d)

that the offender does not require further treatment.

Sch 2 para 14A

Sch 2 para 14A(1)

Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order—

Sch 2 para 14A(1)(a)

vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or

Sch 2 para 14A(1)(b)

amend the order on an application by that officer under sub-paragraph (3)(c) below.

Sch 2 para 14A(2)

Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

Sch 2 para 14A(2)(a)

he shall make a report in writing to that effect to the responsible officer; and

Sch 2 para 14A(2)(b)

that officer shall apply to the court for the variation or cancellation of the requirement.

Sch 2 para 14A(3)

Where the responsible officer is of the opinion—he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

Sch 2 para 14A(3)(a)

that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

Sch 2 para 14A(3)(b)

that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

Sch 2 para 14A(3)(c)

that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa,

Sch 2 para 14A(4)

The court—

Sch 2 para 14A(4)(a)

shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

Sch 2 para 14A(4)(b)

shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified.

Sch 2 para 14A(5)

If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

Sch 2 para 14A(5)(a)

revoke the order; and

Sch 2 para 14A(5)(b)

deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

Sch 2 para 14A(6)

In dealing with the offender under sub-paragraph (5)(b) above, the court—

Sch 2 para 14A(6)(a)

shall take into account the extent to which the offender has complied with the requirements of the order; and

Sch 2 para 14A(6)(b)

may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

Sch 2 para 14A(7)

Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”.

Sch 2 para 14A(8)

In this paragraph—“review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998;“the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.

Sch 2 para 15

Where—the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.

Sch 2 para 15(a)

a community service order is in force in respect of any offender; and

Sch 2 para 15(b)

on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

Sch 2 para 16

No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above or, except with the consent of the offender, under paragraph 14A above, while an appeal against the relevant order is pending.

Sch 2 para 17

Sch 2 para 17(1)

Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—. . .

Sch 2 para 17(1)(a)

shall summon him to appear before the court; and

Sch 2 para 17(1)(b)

if he does not appear in answer to the summons, may issue a warrant for his arrest;

Sch 2 para 17(2)

This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

Sch 2 para 18

Sch 2 para 18(1)

On the making under this Part of this Schedule of an order amending a relevant order (other than a drug treatment and testing order), the clerk to the court shall forthwith—and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.

Sch 2 para 18(1)(a)

if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

Sch 2 para 18(1)(b)

if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

Sch 2 para 18(1)(b)(i)

copies of the amending order; and

Sch 2 para 18(1)(b)(ii)

such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

Sch 2 para 18(1A)

On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.

Sch 2 para 18(2)

A responsible officer to whom in accordance with sub-paragraph (1) or (1A) above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.

Sch 3

Reciprocal Enforcement of Certain Orders

Sch 3

Transfer of Community Orders to Scotland or Northern Ireland

Sch 3 para 1

Sch 3 para 1(1)

Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

Sch 3 para 1(2)

Where a probation order has been made and—the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

Sch 3 para 1(2)(a)

a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and

Sch 3 para 1(2)(b)

it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

Sch 3 para 1(3)

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—

Sch 3 para 1(3)(a)

any reference to a probation officer were a reference to an officer of the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

Sch 3 para 1(3)(b)

the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;

Sch 3 para 1(3)(c)

paragraph 3 (requirements as to attendance at probation centre) were omitted; and

Sch 3 para 1(3)(d)

the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.

Sch 3 para 1(4)

A probation order made or amended in accordance with this paragraph shall—

Sch 3 para 1(4)(a)

specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

Sch 3 para 1(4)(b)

specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Sch 3 para 2

Sch 3 para 2(1)

Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection—

Sch 3 para 2(2)

Where a probation order has been made and—the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

Sch 3 para 2(2)(a)

a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

Sch 3 para 2(2)(b)

it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

Sch 3 para 2(3)

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—

Sch 3 para 2(3)(a)

any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

Sch 3 para 2(3)(b)

the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

Sch 3 para 2(3)(c)

references in paragraph 3 to a probation centre were references to a day centre within the meaning of paragraph 3 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996; and

Sch 3 para 2(3)(d)

the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference to treatment (whether as an in-patient or an out-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, approved by the Department of Health and Social Services for Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 .

Sch 3 para 2(4)

A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Sch 3 para 3

Sch 3 para 3(1)

Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—

Sch 3 para 3(2)

Where a community service order has been made and—it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

Sch 3 para 3(2)(a)

a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;

Sch 3 para 3(2)(b)

the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

Sch 3 para 3(2)(c)

it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,

Sch 3 para 3(3)

A community service order made or amended in accordance with this paragraph shall—

Sch 3 para 3(3)(a)

specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

Sch 3 para 3(3)(b)

require the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.

Sch 3 para 4

Sch 3 para 4(1)

Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—

Sch 3 para 4(1)(a)

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

Sch 3 para 4(1)(b)

. . . as if for subsection (2A) there were substituted the following subsection—

Sch 3 para 4(2)

Where a community service order has been made and—it may amend the order by specifying that the unpaid work required to be performed by the order be so performed . . ..

Sch 3 para 4(2)(a)

a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

Sch 3 para 4(2)(b)

it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

Sch 3 para 4(3)

A community service order made or amended in accordance with this paragraph shall—

Sch 3 para 4(3)(a)

specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

Sch 3 para 4(3)(b)

require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the Part II of the Criminal Justice (Northern Ireland) Order 1996.

Sch 3 para 5

Paragraphs 1 and 3 above shall apply in relation to combination orders—

Sch 3 para 5(a)

in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

Sch 3 para 5(b)

in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

Sch 3 para 6

Sch 3 para 6(1)

Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

Sch 3 para 6(2)

Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—

Sch 3 para 6(2)(a)

the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

Sch 3 para 6(2)(b)

the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

Sch 3 para 6(3)

Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.

Sch 3 para 6(3)(a)

the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

Sch 3 para 6(3)(b)

the powers of the home court under that legislation, as modified by this paragraph; and

Sch 3 para 6(3)(c)

its own powers under this paragraph,

Sch 3 para 6(4)

The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—

Sch 3 para 6(4)(a)

in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the Criminal Procedure (Scotland) Act 1975;

Sch 3 para 6(4)(b)

in the case of a probation order, a power conferred by paragraphs 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996

Sch 3 para 6(4)(c)

in the case of a community service order—

Sch 3 para 6(4)(c)(i)

a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the Community Service by Offenders (Scotland) Act 1978;

Sch 3 para 6(4)(c)(ii)

a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996; or

Sch 3 para 6(4)(c)(iii)

a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

Sch 3 para 6(5)

If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—the home court may require the offender to appear before the court which made the order.

Sch 3 para 6(5)(a)

it appears to the home court—that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or

Sch 3 para 6(5)(a)(i)

if that court is in Scotland, on information from the local authority officer concerned; and

Sch 3 para 6(5)(a)(ii)

if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

Sch 3 para 6(5)(b)

it appears to the home court on the application of the offender or—that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act to be exercised,

Sch 3 para 6(5)(b)(i)

if that court is in Scotland, of the local authority officer concerned; and

Sch 3 para 6(5)(b)(ii)

if it is in Northern Ireland, of the probation officer concerned,

Sch 3 para 6(6)

Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.

Sch 3 para 6(6)(a)

may issue a warrant for his arrest; and

Sch 3 para 6(6)(b)

may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,

Sch 3 para 6(7)

Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—

Sch 3 para 6(7)(a)

the home court shall 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

Sch 3 para 6(7)(b)

a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

Sch 3 para 6(8)

In this paragraph—“corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the Criminal Procedure (Scotland) Act 1975;“home court” means—“the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the Community Service by Offenders (Scotland) Act 1978;“the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part II of the Criminal Justice (Northern Ireland) Order 1996;“the relevant time” means the time when the order or the amendment to it comes into force.

Sch 3 para 6(8)(a)

if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and

Sch 3 para 6(8)(b)

if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

Sch 3

Transfer of Corresponding Orders from Scotland

Sch 3 para 7

Sch 3 para 7(1)

The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

Sch 3 para 7(2)

In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—.

Sch 3 para 7(3)

In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

Sch 3 para 7(3)(a)

in subsection (1)—

Sch 3 para 7(3)(a)(i)

for the words “that the offender shall perform unpaid work” there shall be substituted the words “which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule”;

Sch 3 para 7(3)(a)(ii)

for the word “17” there shall be substituted the word “16”’

Sch 3 para 7(3)(a)(iii)

the word “and”, where it secondly occurs, shall cease to have effect; and

Sch 3 para 7(3)(a)(iv)

at the end there shall be added the words “; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.”;

Sch 3 para 7(3)(b)

in subsection (2)—

Sch 3 para 7(3)(b)(i)

for the words “that the probationer has attained the age of 17 years and proposes to reside in or is residing in England” there shall be substituted the following paragraphs—; and

Sch 3 para 7(3)(b)(ii)

after the word “section”, where it secondly occurs, there shall be inserted the words “or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred”;

Sch 3 para 7(3)(c)

in subsection (3)—

Sch 3 para 7(3)(c)(i)

in paragraph (a), for the words “section 3(2) of” and “section 3 of” there shall be substituted, respectively, the words “paragraph 5(3) of Schedule 1A to” and “paragraph 5 of Schedule 1A to”; and

Sch 3 para 7(3)(c)(ii)

in paragraph (b), for the words “subsections (4) to (6) of section 3 of” there shall be substituted the words “sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to”;

Sch 3 para 7(3)(d)

in subsection (4), for the words from “the Powers” to the end of the proviso there shall be substituted the words; and

Sch 3 para 7(3)(e)

in subsection (5), for the words from “for which” to “this section” there shall be substituted the words “named in a probation order made or amended under this section that the person to whom the order relates”.

Sch 3 para 7(4)

Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Sch 3 para 8

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Sch 3 para 9

Section 72 of the Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—

Sch 3 para 9(a)

in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—;

Sch 3 para 9(b)

in subsection (1A)—

Sch 3 para 9(b)(i)

for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;

Sch 3 para 9(b)(ii)

after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and

Sch 3 para 9(b)(iii)

paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;

Sch 3 para 9(c)

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Sch 3 para 9(d)

in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and

Sch 3 para 9(e)

subsection (4) shall cease to have effect.

Sch 3

Transfer of Probation Orders from Northern Ireland

Sch 3 para 10

the power of the court to amend the order under Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside .

Sch 3 para 10(1)

Where ... a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

Sch 3 para 10(2)

Where a probation order has been made by a court in Northern Ireland and—

Sch 3 para 10(2)(a)

a court of summary jurisdiction ... is satisfied that the offender ... proposes to reside or is residing in England and Wales; and

Sch 3 para 10(b)

it appears to the court that suitable arrangements for his supervision can be made by

Sch 3 para 10(b)(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

Sch 3 para 10(b)(ii)

a youth offending team established by a local authority for the area in which he resides or will reside,

Sch 3 para 10(3)

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if—

Sch 3 para 10(3)(a)

any reference to a probation officer were a reference to

Sch 3 para 10(3)(a)(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

Sch 3 para 10(3)(a)(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;

Sch 3 para 10(3)(b)

the reference in paragraph 4(3) to treatment (whether as an in-patient or an out-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, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided;

Sch 3 para 10(3)(c)

the reference in paragraph 2(5) to the Probation Board for Northern Ireland were a reference to the local probation board for the area in which the premises are situated or to the provider of probation services operating in the local justice area in which the premises are situated; and

Sch 3 para 10(3)(d)

in paragraph 3 “day centre” meant a community rehabilitation centre within the meaning of section 201 of the Criminal Justice Act 2003 or an attendance centre provided under section 221 of that Act.

Sch 3 para 10(4)

A probation order made or amended in accordance with this paragraph shall specify 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.

Sch 3 para 11

Sch 3 para 11(1)

Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

Sch 3 para 11(2)

Where an adult 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—

Sch 3 para 11(2)(a)

the order shall be treated as if it were a community order made in England and Wales . . . ; and

Sch 3 para 11(2)(b)

the provisions of Chapter 2 of Part 9 of the Sentencing Code shall apply accordingly.

Sch 3 para 11(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—

Sch 3 para 11(2A)(a)

the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

Sch 3 para 11(2A)(b)

the provisions of Chapter 1 of Part 9 of the Sentencing Code shall apply accordingly.

Sch 3 para 11(3)

Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996.

Sch 3 para 11(3)(a)

the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;

Sch 3 para 11(3)(b)

the powers of the home court under that legislation, as modified by this paragraph; and

Sch 3 para 11(3)(c)

its own powers under this paragraph,

Sch 3 para 11(4)

The home court may exercise in relation to the probation order any power which it could exercise in relation to a community order or, as the case may be, a youth rehabilitation order made by a court in England and Wales. . . , except a power conferred by paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code or by paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code.

Sch 3 para 11(5)

If at any time while Chapter 2 of Part 9 of the Sentencing Code or, as the case may be, Chapter 1 of that Part applies by virtue of sub-paragraph (2) or (2A) (as the case may be) to a probation order made in Northern Ireland it appears to the home court—the home court may require the offender to appear before the court which made the order.

Sch 3 para 11(5)(a)

on information to a justice of the peace acting in the local justice area for the time being specified in the order, that the offender has failed to comply with any of the requirements of that Part applicable to the order; or

Sch 3 para 11(5)(b)

on the application of—, that it would be in the interests of justice for the power conferred by paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 to be exercised,

Sch 3 para 11(5)(b)(i)

the offender, or the

Sch 3 para 11(5)(b)(ii)

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),

Sch 3 para 11(6)

Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—and Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly.

Sch 3 para 11(6)(a)

may issue a warrant for his arrest; and

Sch 3 para 11(6)(b)

may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

Sch 3 para 11(7)

Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

Sch 3 para 11(7)(a)

the home court shall 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

Sch 3 para 11(7)(b)

a certificate purporting to be signed by the designated officer for the home court shall be admissible as evidence of the failure before the court which made the order.

Sch 3 para 11(8)

In this paragraph“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” has the meaning given by section 200 of the Sentencing Code;“home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction acting in the local justice area in which he resides or proposes to reside.“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” has the meaning given by section 173 of the Sentencing Code.

Sch 4

Increase of Certain Maxima

Sch 4

Substitution of Other Amounts

Sch 4

Substitution of Levels on Standard Scale

Sch 4

Substitution of Statutory Maximum

Sch 4

Provisions Substituted for Schedule 6A to 1980 Act

Paragraph

.

Sch 4

Other Amendments

Sch 4 para 1

In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection—

Sch 4 para 2

In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection—

Sch 4 para 3

In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), after subsection (2) there shall be inserted the following subsection—

Sch 4 para 4

In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection—

Sch 5

Sch 5 para 1

Sch 5 para 1(1)

The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

Sch 5 para 1(2)

It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of

Sch 5 para 1(2)(a)

its functions under this Part in respect of long-term and short-term prisoners; and

Sch 5 para 1(2)(b)

its functions under Chapter II of Part II of the Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter

Sch 5 para 2

Sch 5 para 2(1)

The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

Sch 5 para 2(2)

The Board shall include among its members—

Sch 5 para 2(2)(a)

a person who holds or has held judicial office;

Sch 5 para 2(2)(b)

a registered medical practitioner who is a psychiatrist;

Sch 5 para 2(2)(c)

a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

Sch 5 para 2(2)(d)

a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

Sch 5 para 2(3)

A member of the Board—and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.

Sch 5 para 2(3)(a)

shall hold and vacate office in accordance with the terms of his appointment;

Sch 5 para 2(3)(b)

may resign his office by notice in writing addressed to the Secretary of State;

Sch 5 para 3

Sch 5 para 3(1)

The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

Sch 5 para 3(2)

The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

Sch 5 para 3(3)

If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

Sch 5 para 3(4)

A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Sch 5 para 4

Sch 5 para 4(1)

Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

Sch 5 para 4(2)

The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.

Sch 5 para 4(3)

The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Sch 5 para 5

Sch 5 para 5(1)

The Board may appoint such number of employees as it may determine.

Sch 5 para 5(2)

The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

Sch 5 para 5(3)

Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

Sch 5 para 5(4)

The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

Sch 5 para 6

Sch 5 para 6(1)

Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”.

Sch 5 para 6(2)

The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Sch 5 para 7

Sch 5 para 7(1)

The Secretary of State shall pay to the Board—

Sch 5 para 7(1)(a)

any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

Sch 5 para 7(1)(b)

with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

Sch 5 para 7(2)

Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Sch 5 para 8

The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Sch 5 para 9

Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Sch 5 para 10

Sch 5 para 10(1)

It shall be the duty of the Board—

Sch 5 para 10(1)(a)

to keep proper accounts and proper records in relation to the accounts;

Sch 5 para 10(1)(b)

to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

Sch 5 para 10(1)(c)

to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

Sch 5 para 10(2)

The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

Sch 5 para 10(3)

In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

Sch 5 para 11

The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.

Sch 6

Sch 6 para 1

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Sch 6 para 2

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Sch 6 para 3

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Sch 6 para 4

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Sch 6 para 5

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Sch 6 para 6

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Sch 6 para 7

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Sch 6 para 8

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Sch 6 para 9

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Sch 7

Sch 8

Amendments for Treating Persons Aged 17 as Young Persons

Sch 8 para 1

Sch 8 para 1(1)

Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

Sch 8 para 1(2)

In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Sch 8 para 1(3)

In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

Sch 8 para 2

In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.

Sch 8 para 3

In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Sch 8 para 4

Sch 8 para 4(1)

Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

Sch 8 para 4(2)

In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—.

Sch 8 para 5

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Sch 8 para 6

Sch 8 para 6(1)

Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—

Sch 8 para 6(1)(a)

for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;

Sch 8 para 6(1)(b)

in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;

Sch 8 para 6(1)(c)

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Sch 8 para 6(1)(d)

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Sch 8 para 6(2)

In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.

Sch 8 para 6(3)

In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.

Sch 9

Amendments to Service Law

Sch 9 para 1

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Sch 9 para 2

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Sch 9 para 3

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Sch 9 para 4

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Sch 9 para 5

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Sch 9 para 6

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Sch 9 para 7

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Sch 9 para 8

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Sch 10

Certification of Prisoner Custody Officers

Sch 10 para 1

In this Schedule—“certificate” means a certificate under section 89 of this Act;“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Sch 10 para 2

Sch 10 para 2(1)

Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

Sch 10 para 2(2)

The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

Sch 10 para 2(2)(a)

is a fit and proper person to perform the relevant functions; and

Sch 10 para 2(2)(b)

has received training to such standard as he may consider appropriate for the performance of those functions.

Sch 10 para 2(3)

Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

Sch 10 para 2(4)

A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Sch 10 para 3

Sch 10 para 3(1)

This paragraph applies where at any time—

Sch 10 para 3(1)(a)

in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

Sch 10 para 3(1)(b)

in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

Sch 10 para 3(1)(c)

in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

Sch 10 para 3(2)

The prisoner escort monitor controller or governor may—

Sch 10 para 3(2)(a)

refer the matter to the Secretary of State for a decision under paragraph 4 below; and

Sch 10 para 3(2)(b)

in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

Sch 10 para 3(3)

The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Sch 10 para 4

Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

Sch 10 para 5

If any person, for the purpose of obtaining a certificate for himself or for any other person—he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Sch 10 para 5(a)

makes a statement which he knows to be false in a material particular; or

Sch 10 para 5(b)

recklessly makes a statement which is false in a material particular,

Sch 11

Minor and Consequential Amendments

Sch 11 para 1

In section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.

Sch 11 para 2

Sch 11 para 2(1)

Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.

Sch 11 para 2(2)

In subsection (1A)(c)—

Sch 11 para 2(2)(a)

after the word “remanded” there shall be inserted the words “or committed”; and

Sch 11 para 2(2)(b)

after the words “section 23 of the Children and Young Persons Act 1969” there shall be inserted the words “or section 37 of the Magistrates’ Courts Act 1980”.

Sch 11 para 2(3)

For subsection (5) there shall be substituted the following subsection—

Sch 11 para 2(4)

In subsection (6)—

Sch 11 para 2(4)(a)

after the word “being”, in the second place where it occurs, there shall be inserted the words “remanded or”;

Sch 11 para 2(4)(b)

for the words “committed to the care of a local authority” there shall be substituted the words “remanded or committed to local authority accommodation”; and

Sch 11 para 2(4)(c)

after the words “the said section 23” there shall be inserted the words “or 37”.

Sch 11 para 3

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Sch 11 para 4

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Sch 11 para 5

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Sch 11 para 6

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Sch 11 para 7

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Sch 11 para 8

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Sch 11 para 9

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Sch 11 para 10

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Sch 11 para 11

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Sch 11 para 12

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Sch 11 para 13

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Sch 11 para 14

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Sch 11 para 15

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Sch 11 para 16

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Sch 11 para 17

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Sch 11 para 18

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Sch 11 para 19

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Sch 11 para 20

In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—

Sch 11 para 20(a)

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Sch 11 para 20(b)

the words “put on probation or” shall cease to have effect; and

Sch 11 para 20(c)

for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.

Sch 11 para 21

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Sch 11 para 22

Sch 11 para 22(1)

Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.

Sch 11 para 22(2)

In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))”. . . .

Sch 11 para 22(3)

After sub-paragraph (1) there shall be inserted the following sub-paragraph—

Sch 11 para 22(4)

In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”.

Sch 11 para 22(5)

In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.

Sch 11 para 23

In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—.

Sch 11 para 24

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Sch 11 para 25

In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.

Sch 11 para 26

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Sch 11 para 27

Sch 11 para 27(1)

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Sch 11 para 27(2)

For subsection (3) of that section there shall be inserted the following subsection—

Sch 11 para 28

In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.

Sch 11 para 29

Sch 11 para 29(1)

Section 12(2) of the Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.

Sch 11 para 29(2)

In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.

Sch 11 para 30

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Sch 11 para 31

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Sch 11 para 32

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Sch 11 para 33

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Sch 11 para 34

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Sch 11 para 35

Sch 11 para 35(1)

In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—.

Sch 11 para 35(2)

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Sch 11 para 35(3)

In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)—

Sch 11 para 35(3)(a)

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Sch 11 para 35(3)(b)

in sub-paragraph (2), for the words “one third” there shall be substituted the words “any particular proportion or part”.

Sch 11 para 35(4)

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Sch 11 para 36

In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of “appropriate court” there shall be inserted the following definition—.

Sch 11 para 37

In section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.

Sch 11 para 38

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Sch 11 para 39

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Sch 11 para 40

Sch 11 para 40(1)

Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”.

Sch 11 para 40(2)

The enactments referred to in sub-paragraph (1) above are as follows—

Sch 11 para 40(2)(a)

in the 1933 Act, sections 45 to 49 . . . and 108(4) . . . ;

Sch 11 para 40(2)(b)

in the Education Act 1944, section 40;

Sch 11 para 40(2)(c)

in the Children Act 1948, section 4B;

Sch 11 para 40(2)(d)

in the Adoption Act 1958, sections 43, 47 and 48;

Sch 11 para 40(2)(e)

in the Children and Young Persons Act 1963, sections 3, 18, 23, 26, 28, 29 and 57;

Sch 11 para 40(2)(f)

in the Administration of Justice Act 1964, section 12;

Sch 11 para 40(2)(g)

in the 1969 Act, sections 1 to 3, . . . 10, . . . 20A to 22 and 70(1) and Schedule 4;

Sch 11 para 40(2)(h)

in the Criminal Justice Act 1972, section 51(1);

Sch 11 para 40(2)(i)

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Sch 11 para 40(2)(j)

in the Adoption Act 1976, sections 34 and 37;

Sch 11 para 40(2)(k)

in the 1979 Act, sections . . . 38(2) and 58(1) and (5);

Sch 11 para 40(2)(l)

in the Child Care Act 1980, sections 5 to 7, 12C to 12E, 21A, 67 and 79(2);

Sch 11 para 40(2)(m)

in the Foster Children Act 1980, sections 11(1), 12(1) and 14;

Sch 11 para 40(2)(n)

in the 1980 Act, sections 12(1), 29, 104 and 146;

Sch 11 para 40(2)(o)

in the 1982 Act, . . . in Schedule 3, the entry relating to section 49(2) of the 1933 Act;

Sch 11 para 40(2)(p)

in the Administration of Justice Act 1985, section 61;

Sch 11 para 40(2)(q)

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Sch 11 para 40(2)(r)

in the Children Act 1989, section 90(1) and Schedule 14.

Sch 11 para 41

Sch 11 para 41(1)

Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”.

Sch 11 para 41(2)

The enactments referred to in sub-paragraph (1) above are as follows—

Sch 11 para 41(2)(a)

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Sch 11 para 41(2)(b)

in the 1973 Act, in Schedule 3, paragraph 2(3);

Sch 11 para 41(2)(c)

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Sch 11 para 41(2)(d)

in the Child Care Act 1980, section 12E(5); and

Sch 11 para 41(2)(e)

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Sch 12

Transitional Provisions and Savings

Sch 12 para 1

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Sch 12 para 2

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Sch 12 para 3

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Sch 12 para 4

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Sch 12 para 5

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Sch 12 para 6

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Sch 12 para 6A

Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section.

Sch 12 para 7

Neither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.

Sch 12 para 8

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Sch 12 para 9

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Sch 12 para 10

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Sch 12 para 11

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Sch 12 para 12

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Sch 12 para 13

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Sch 12 para 14

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Sch 12 para 15

Sch 12 para 15(1)

In this paragraph—“section 23” means section 23 of the 1969 Act as substituted by section 60(1) of this Act;“the modifications” means the modifications of section 23 set out in section 62 of this Act;“remand or committal” means a remand of a child or young person charged with or convicted of one or more offences, or a committal of a child or young person for trial or sentence.

Sch 12 para 15(2)

Section 23 as it has effect with the modifications shall not apply in relation to any remand or committal which is in force immediately before the commencement of sections 60 and 62 of this Act.

Sch 12 para 15(3)

Subject to sub-paragraphs (4) and (5) below, section 23 as it has effect without the modifications shall not apply in relation to any remand or committal which is in force immediately before the day appointed under section 62(1) of this Act.

Sch 12 para 15(4)

Any person who, in pursuance of any such remand or committal, is held in a remand centre or prison shall be brought before the court which remanded or committed him before the end of the period of 8 days beginning with the day so appointed.

Sch 12 para 15(5)

Where any person is brought before a court under sub-paragraph (4) above, section 23 as it has effect without the modifications shall apply as if the court were just remanding or committing him as mentioned in subsection (1)(a) of that section.

Sch 12 para 16

Sch 12 para 16(1)

Subsection (2)(a) of section 60 of this Act shall not apply in any case where proceedings for the offence in question have begun before the commencement of that section.

Sch 12 para 16(2)

Subject to sub-paragraphs (3) and (4) below, subsection (2)(b) and (c) of that section shall not apply in relation to any committal under section 37 of the 1980 Act which is in force immediately before that commencement.

Sch 12 para 16(3)

Any person less than 17 years old who, in pursuance of any such committal, is held in a remand centre or prison shall be brought before the court which committed him before the end of the period of 8 days beginning with that commencement.

Sch 12 para 16(4)

Where any person is brought before a court under sub-paragraph (3) above, section 37 of the 1980 Act shall apply as if the court were just committing him under that section.

Sch 12 para 17

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Sch 12 para 18

Section 64 of this Act shall not apply in any case where the offence in question was committed before the commencement of that section and the offender is aged 16 at the date of his conviction.

Sch 12 para 19

Section 65 of this Act shall not apply in relation to any person under the age of 22 years who, before the commencement of that section, is released from a term of detention in a young offender institution or under section 53 of the 1933 Act; and the repeal by this Act of section 15 of the 1982 Act shall not affect the operation of that section in relation to any such person who is so released.

Sch 12 para 20

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Sch 12 para 21

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Sch 12 para 22

Sch 12 para 22(1)

Paragraphs 1, 3, 4 and 6 of Schedule 8 shall not apply in any case where proceedings for the offence in question have begun before the commencement of that Schedule.

Sch 12 para 22(2)

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Sch 12 para 23

In relation to any time before the commencement of section 70 of this Act, references in any other provision of this Act, or in any enactment amended by this Act, to youth courts shall be construed as references to juvenile courts.

Sch 12 para 24

For the purposes of this Schedule proceedings for an offence shall be regarded as having begun as follows—

Sch 12 para 24(a)

in the case of an offence triable only summarily, when a plea is entered;

Sch 12 para 24(b)

in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;

Sch 12 para 24(c)

in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.

Sch 13

Repeals

Custodial sentences

Community sentences

Probation and community service orders

Curfew orders

Orders: supplemental

Financial penalties

Financial penalties: supplemental

Miscellaneous

Supplemental

Preliminary

New arrangements for early release

Misbehaviour after release

Remand time and additional days

Special cases

Supplemental

Children’s evidence

Responsibilities of parent or guardian

Detention etc. pending trial

Young offenders

Miscellaneous

Probation services

Court security

Prisoner escorts

Contracted out prisons

Contracted out functions

Supplemental

Cash limits

Miscellaneous

Issue of summons or warrant

Powers of magistrates’ court

Powers of Crown Court

Exclusions

Supplemental

Revocation of order with or without re-sentencing

Revocation of order following custodial sentence

Supplemental

Amendment by reason of change of residence

Amendment of requirements of probation or curfew order

Amendment of certain requirements of probation order

Amendment of drug treatment and testing order

Extension of community service order

Supplemental

Probation orders: Scotland

Probation orders: Northern Ireland

Community service orders: Scotland

Community service orders: Northern Ireland

Combination orders: Scotland

General

Probation orders

Community service orders

Supervision requirements

Status and capacity

Membership

Payments to members

Proceedings

Staff

Reports

Financial provisions

Authentication of Board’s seal

Presumption of authenticity of documents issued by Board

Accounts and audit

Reports

Children and Young Persons Act 1933 (c.12)

Prison Act 1952 (c.52)

Children and Young Persons Act 1963 (c.37)

Children and Young Persons Act 1969 (c.54)

Rehabilitation of Offenders Act 1974 (c.53)

Magistrates’ Courts Act 1980 (c.43)

Army Act 1955 (c.18) and Air Force Act 1955 (c.19)

Naval Discipline Act 1957 (c.53)

Preliminary

Issue of certificates

Suspension of certificate

Revocation of certificate

False statements

Children and Young Persons Act 1933 (c.12)

Criminal Justice Act 1967 (c.80)

Criminal Appeal Act 1968 (c.19)

Civil Evidence Act 1968 (c.64)

Children and Young Persons Act 1969 (c. 54)