UKPGA-1998-37 Crime and Disorder Act 1998 UK

Subject to the provisions of this section, the functions conferred by or under section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—

The relevant local policing body in relation to two or more local government areas in England may make a combination agreement with the responsible authorities in relation to those areas (the “combined area”).

A combination agreement is an agreement for the functions conferred by or under section 6 or by section 7 to be carried out in relation to the combined area as if it constituted only one local government area.

The responsible authorities in relation to a combined area are all the persons who are the responsible authorities in relation to each local government area that falls within the combined area.

Section 5A contains further provision about the making and contents of combination agreements.

A combination agreement—

In subsection (1C)—“crime and disorder scrutiny functions”, in relation to a council, means functions that are, or, but for a combination agreement, would be, exercisable by the crime and disorder committee of the council under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters);“the relevant provisions” means—section 19 of the Police and Justice Act 2006; section 20 of that Act and any regulations made under that section; Schedule 8 to that Act; section 9F, 9FA or 21 of the Local Government Act 2000.

The “relevant local policing body”, in relation to a combined area, is—

If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly.

In exercising the functions conferred by or under section 6, the responsible authorities shall act in co-operation with the following persons and bodies, namely—and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of the functions conferred by or under section 6.

The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.

In this section and sections 6 and 7 below “local government area” means—

In this section—“fire and rescue authority” means—a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; a fire and rescue authority created by an order under section 4A of that Act; a metropolitan county fire and civil defence authority; or the London Fire Commissioner. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The appropriate national authority may by order amend this section by—

In this section the “appropriate national authority”, in relation to a person or body, means—

In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.

A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.

The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—

Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.

The combination agreement must include arrangements for securing effective and efficient co-operation—

The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).

The Secretary of State may enter into the agreement only if the Secretary of State—

A combination agreement—

A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.

In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

The responsible authorities for a local government area shall, in accordance with section 5, with subsection (1A), and with regulations made under subsection (2), formulate and implement—

In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.

The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section.

Regulations under subsection (2) may in particular make provision for or in connection with—

The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities.

Provision under subsection (3)(ca) may include provision—

The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy.

Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)—

Regulations under this section may make—

For the purposes of this section any reference to the implementation of a strategy includes—

In this section the “appropriate national authority” is—

The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations—

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

The Secretary of State may, by order, require—

After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—to the Secretary of State.

It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.

If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.

In subsections (2) to (4)—

In this section—“responsible authorities” and “local government area” have same meanings as in sections 5 and 6;“section 6 strategy” means a strategy required to be formulated under section 6(1); and“substance misuse” has the same meaning as in section 6.

The responsible authorities for a local government area shall, whenever so required by the relevant local policing body for that area, submit to that body a report on such matters connected with the exercise of their functions under section 6 above , apart from devolved Welsh functions (as defined by section 5(8)), as may be specified in the requirement.

The relevant local policing body in relation to a local government area may require a report under subsection (1) only if—

A requirement under subsection (1) above may specify the form in which a report is to be given.

The relevant local policing body may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to the body to be appropriate.

Relevant local policing body”, in relation to a local government area, means—

If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))—

This section applies where, in any court proceedings—

Subject to subsection (3) and section 9(1) below . . . , if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person ...(“the parent”).

A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

A parenting order is an order which requires the parent—

A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

The relevant condition is that the parenting order would be desirable in the interests of preventing—

The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition....

A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—

In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

In this section—“criminal behaviour order” has the meaning given by section 330 of the Sentencing Code;“sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.

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If an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or a criminal behaviour order is made in respect of a person under the age of 16 the court which grants the injunction or makes the order—

Before making a parenting order—a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.

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Before making a parenting order, a court shall explain to the parent in ordinary language—

Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—

If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it—

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Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code.

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An appeal shall lie—

On an appeal under subsection (1) above the county court or the Crown Court—

Any order of the county court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the county court or the Crown Court.

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The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 (“the 1989 Act”).

Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Subject to subsection (2) below, if the family court , on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—

A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

The conditions are—

The maximum period permitted for the purposes of subsection (1)(a) above is twelve months.

The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—

Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act ...; and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.

In this section “local authority” has the same meaning as in the 1989 Act.

In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—

Before making a child safety order, the family court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.

Before making a child safety order, the family court shall explain to the parent or guardian of the child in ordinary language—

Requirements included in a child safety order shall, as far as practicable, be such as to avoid—

If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—

Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

Where a child safety order is in force and it is proved to the satisfaction of the court which made it ..., on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

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A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—

The condition is that the child has taken, or caused loss of or damage to, property in the course of—

A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

The amount of compensation specified may not exceed £5,000 in all.

The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.

For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—

If property taken is recovered before compensation is ordered to be paid in respect of it—

The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his assets and other financial circumstances as the court may require.

A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

If, in providing a statement... pursuant to an order under subsection (4) above, a person—he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the Magistrates' Courts Act 1980 (“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 of its first discovery by the local authority, whichever period expires earlier.

Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—

An order under this subsection is an order discharging the parental compensation order or varying it—

Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

The appeal lies to the Crown Court.

On the appeal the Crown Court—

Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.

A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

This section has effect where—

The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.

This section applies where a local authority—

A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsections (3) and (3ZA) below—and references in each of those subsections to a specified area and a specified period shall be construed accordingly.

If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—the constable may remove the child or young person to designated premises, or to the school from which he is so absent.

If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—the constable may remove the child or young person to designated premises.

Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.

In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

A child’s or young person’s absence from a school shall be taken to be without lawful authority unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996.

In this section—“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);“local authority” means—in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; in relation to Wales, a county council or a county borough council;. . .“public place” has the same meaning as in Part 2 of the Public Order Act 1986;“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;“school” has the same meaning as in the Education Act 1996.

Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,

The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

This section applies to each of the following—a local authority; a joint authority; a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1); a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; the London Fire Commissioner; a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; a fire and rescue authority created by an order under section 4A of that Act; a metropolitan county fire authority; a local policing body; a National Park authority; the Broads Authority; the Greater London Authority;... Transport for London.

In this section—“local authority” means a local authority within the meaning given by section 270(1) of the Local Government Act 1972 or the Common Council of the City of London;“joint authority” has the same meaning as in the Local Government Act 1985;“National Park authority” means an authority established under section 63 of the Environment Act 1995.

The appropriate national authority may by order amend this section by—

In subsection (4) “the appropriate national authority” has the same meaning as in section 5.

References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

Nothing in this section requires a relevant authority to disclose any personal data(within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)).

In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.

In this Chapter—...“chief officer of police” has the meaning given by section 101(1) of the Police Act 1996;“child safety order” has the meaning given by section 11(1) above;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“local policing body” has the meaning given by section 101(1) of the Police Act 1996;“parental compensation order” has the meaning given by section 13A(1) above;“parenting order” has the meaning given by section 8(4) above;“police area” has the meaning given by section 1(2) of the Police Act 1996;...“responsible officer”—... in relation to a parenting order, has the meaning given by section 8(8) above; in relation to a child safety order, has the meaning given by section 11(8) above;“violence”—includes, in particular—domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act), sexual offences, violence against property, and threats of violence; does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act))..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.

In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—

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Where directions under a parenting order are to be given by an officer of a local probation board, the officer of a local probation board shall be an officer appointed for or assigned to the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

Where the supervision under a child safety order is to be provided, or directions under ... a parenting order are to be given, by—the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent, resides or will reside.

For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

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For Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

The Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

In section 60 (powers of search and seizure)—

After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above ”.

In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—.

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After section 60A of the 1994 Act there shall be inserted the following section—

An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if—

In subsection (1)(a) above—“membership”, in relation to a racial or religious group, includes association with members of that group;“presumed” means presumed by the offender.

It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

A person is guilty of an offence under this section if he commits—which is racially or religiously aggravated for the purposes of this section.

A person guilty of an offence falling within subsection (1)(a) , (b) or (ba) above shall be liable—

A person guilty of an offence falling within subsection (1)(c) above shall be liable—

A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated for the purposes of this section.

A person guilty of an offence under this section shall be liable—

For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

A person is guilty of an offence under this section if he commits—which is racially or religiously aggravated for the purposes of this section.

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A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

A person is guilty of an offence under this section if he commits—which is racially or religiously aggravated for the purposes of this section.

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A person guilty of an offence falling within subsection (1)(a) above shall be liable—

A person guilty of an offence falling within subsection (1)(b) above shall be liable—

If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of either basic offence mentioned in that provision.

If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

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In section I of the Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”.

In the following enactments, namely—for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”.

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In section 1 of the Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”.

In section 2 of the Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”.

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It shall be the principal aim of the youth justice system to prevent offending by children and young persons.

In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

It shall be the duty of—to co-operate in the discharge by the local authority of their duty under subsection (1) above.

The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—

In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—

The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—

It shall be the duty of—to co-operate in the discharge by the local authority of their duty under subsection (1) above.

The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—

A youth offending team shall include at least one of each of the following, namely—

A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

It shall be the duty of the youth offending team or teams established by a particular local authority—

Subsection (2) applies where a youth offending team becomes aware that—

The youth offending team must as soon as practicable notify—of the place where the child or young person is detained.

Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

The youth offending team must as soon as practicable notify the following authorities of the release—

Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware.

In this section—“home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);“host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained;“local authority”has the meaning given by section 579(1) of the Education Act 1996;“young person” includes a person who is aged 18; and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—

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The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular—

A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”).

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.

The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.

The Board shall have the following functions, namely—

The Secretary of State may by order—

The power of the Secretary of State under subsection (6)(b) includes power—

In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.

A relevant authority—A requirement under paragraph (b) above may specify the form in which a report is to be given.

The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.

In this section “relevant authority” means a local authority, a chief officer of police, a local policing body, a local probation board a provider of probation services , an integrated care board and a Local Health Board ....

Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

In the foregoing provisions of this Part and this section—“chief officer of police” has the meaning given by section 101(1) of the Police Act 1996;“local authority” (except in section 39A) means—in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; in relation to Wales, a county council or a county borough council;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“youth justice system” means the system of criminal justice in so far as it relates to children and young persons.

For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.

So far as relating to the Isles of Scilly, subsection (2) does not apply for the purposes of section 39A.

In carrying out any of their duties under those provisions, a local authority, a police authority, a local probation board a provider of probation services an integrated care board, or a Local Health Board ... shall act in accordance with any guidance given by the Secretary of State.

In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.

For subsection (3) of that section there shall be substituted the following subsection—

In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “ the appropriate court shall stay the proceedings ”.

In subsection (6) of that section—

After that subsection there shall be inserted the following subsection—

In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “ or to give a direction under subsection (6A) above, ”.

In subsection (8) of that section, after the words “time limit” there shall be inserted the words “ , or to give a direction under subsection (6A) above, ”.

After subsection (11) of that section there shall be inserted the following subsection—

In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “ subsections (3A) and (4) ”.

After that subsection there shall be inserted the following subsection—

Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—remit the person for trial . . . to a magistrates’ court (other than a youth court) . . . . In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.

Where a person is remitted under subsection (1) above—

The following, namely—shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).

The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.

After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—

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In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.

In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)—

In paragraph 17 of that Schedule, the words “or, if a metropolitan stipendiary magistrate, may sit alone” shall cease to have effect.

The following powers of a magistrates’ court for any area may be exercised by a single justice of the peace for that area, namely—

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Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, ..., consist of a single justice.

At a hearing conducted by a single justice under this section—

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At such a hearing the single justice—

Where the powers of a single justice are exercised by a person authorised under section 67B(2) of the Courts Act 2003, nothing in subsection (3)(b) above authorises the person to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.

A hearing conducted by a single justice under this section may be—

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Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section.

If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below.

Otherwise—

Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small).

Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence.

Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

Those conditions are—

Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which—the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.

Where—the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.

Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

Where—the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.

Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily).

The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

In the case of an adult charged with an offence—the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below.

The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily).

Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

Those conditions are—

Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which—the court may send him forthwith to the Crown Court for trial for the indictable or summary offence.

Where—the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence.

Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

In the case of a child or young person charged with an offence—

The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

An offence falls within this subsection if—

A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged—

That opinion must be certified by the designated authority in the notice.

The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below.

A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought.

Such a notice must be given to the magistrates' court before any summary trial begins.

The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except—

The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority.

A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

In this section “designated authority” means—

A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—

That opinion must be certified by the Director of Public Prosecutions in the notice.

This subsection applies to an offence—

Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.

The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.

A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

In this section “child” means—

The court shall specify in a notice—

A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—

Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to—

Subject to section 4 of the Bail Act 1976, section 41 of the 1980 Act , section 115(1) of the Coroners and Justice Act 2009, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 or 51A above—

Where—the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.

The court shall treat as an indictable offence for the purposes of section 51 or 51A above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.

In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).

A magistrates’ court may adjourn any proceedings under section 51 or 51A above, and if it does so shall remand the accused.

Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 or 51A above) shall have effect.

Except as provided by this section, it shall not be lawful—if (in either case) the report contains any matter other than that permitted by this section.

Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings.

Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below.

It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below—

The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above—

The addresses that may be published or included in a relevant programme under subsection (7) above are addresses—

The following is relevant business information for the purposes of subsection (7) above—and here “engaged” means engaged under a contract of service or a contract for services.

Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

In this section—

If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence—

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section.

In subsection (5) of section 3 of the Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.

In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—.

In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “ paragraph (d) or (e) ”.

A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if—

A youth caution... must be given in the presence of an appropriate adult.

If a constable gives a youth caution to a person, the constable must explain the matters referred to in subsection (4) in ordinary language to—

Those matters are—

The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—

No caution other than a youth caution or a youth conditional caution may be given to a child or young person.

In this Chapter “appropriate adult”, in relation to a child or young person, means—

If a constable gives a youth caution to a person, the constable must as soon as practicable refer the person to a youth offending team.

Subject to subsection (3), on a referral of a person under subsection (1), the youth offending team—

If the person has not previously been referred under subsection (1) and has not previously been given a youth conditional caution, the youth offending team—

The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—

Subsection (6) applies if—

The court by or before which the person is convicted—

There may be cited in criminal proceedings—in the same circumstances as a conviction of the person may be cited.

In this section “rehabilitation programme” means a programme with the purpose of rehabilitating participants and preventing them from re-offending.

An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—

In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

The conditions which may be attached to such a caution are those which have one or more of the following objects—

The conditions that may be attached to a youth conditional caution include—

Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

The Secretary of State may by order amend subsection (5) by substituting a different figure.

If an authorised person gives a youth conditional caution to an offender, the authorised person must as soon as practicable refer the offender to a youth offending team.

In this section, “authorised person” means—

The first requirement is that the authorised person has evidence that the offender has committed an offence.

The second requirement is that a relevant prosecutor or the authorised person decides—

The third requirement is that the offender admits to the authorised person that he committed the offence.

The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

... The explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.

The fifth requirement is that the offender signs a document which contains—

Before deciding what conditions to attach to a youth conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.

If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.

Where—the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.

In this section—“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

The amount that may be prescribed in respect of any offence must not exceed £100.

The Secretary of State may by order amend subsection (3) by substituting a different figure.

Where a financial penalty condition is attached to a youth conditional caution, the condition must specify—

To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).

Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.

The document mentioned in section 66B(6) is to be admissible in such proceedings.

Where such proceedings are instituted, the youth conditional caution is to cease to have effect.

Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

The Secretary of State must prepare a code of practice in relation to youth conditional cautions.

The code may, in particular, make provision as to—

After preparing a draft of the code the Secretary of State—but he may not publish or amend the draft without the consent of the Attorney General.

After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

When he has done so he may bring the code into force by order.

The Secretary of State may from time to time revise a code of practice brought into force under this section.

Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

After section 210 of the 1995 Act there shall be inserted the following section—

In section 209 of the 1995 Act (supervised release orders), in subsection (1)—

After section 234H of the 1995 Act there shall be inserted the following section—

Schedule 6 to this Act (Part I of which makes further provision in relation to the combination of drug treatment and testing orders with other orders and Part II of which makes provision in relation to appeals) shall have effect.

After section 234J of the 1995 Act there shall be inserted the following section—

In section 307(1) of the 1995 Act (interpretation), after the definition of “diet” there shall be inserted the following definition—.

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After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—

Section 16 of the Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.

In subsection (2), at the beginning there shall be inserted the words “Except in a case to which subsection (3A) or (3B) below applies,”.

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

Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.

After section 1 of the 1993 Act there shall be inserted the following section—

After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—

For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—

In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—

After that paragraph there shall be inserted the following paragraph—

Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.

Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.

In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “ or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act ”.

Any power of a Minister of the Crown or of the National Assembly for Wales to make an order or regulations under this Act—

A statutory instrument containing an order under section ... 5(1A), (2) or (3). . . 10(6), 66C(1) or 66H(e)(vi) above (other than one made by the National Assembly for Wales), or containing regulations under section 6 or 17A or paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (2) also applies to a statutory instrument containing—

No order under section 1F, 5(6), 13A(5), 17(4), 38(5), 41(6), 66A(6) or 115(3) above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Subsection (3) also applies to—

The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).

Any person who, apart from this subsection, would not have power to disclose information—shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

In this section “relevant authority” means—

The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

In subsection (3) “the appropriate national authority” has the same meaning as in section 5.

In this Act—“the 1933 Act” means the Children and Young Persons Act 1933;“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 1984 Act” means the Police and Criminal Evidence Act 1984;“the 1985 Act” means the Prosecution of Offences Act 1985;“the 1989 Act” means the Children Act 1989;“the 1991 Act” means the Criminal Justice Act 1991;“the 1994 Act” means the Criminal Justice and Public Order Act 1994;“the 1997 Act” means the Crime (Sentences) Act 1997;“caution” has the same meaning as in Part V of the Police Act 1997;“child” means a person under the age of 14;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“custodial sentence” has the meaning given by section 222 of the Sentencing Code;“guardian” has the same meaning as in the 1933 Act;“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;“prescribed” means prescribed by an order made by the Secretary of State;“young person” means a person who has attained the age of 14 and is under the age of 18;“youth offending team” means a team established under section 39 above.

In this Act—“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993; and“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

The transitional provisions and savings contained in Schedule 9 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).

The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

This Act may be cited as the Crime and Disorder Act 1998.

This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

Without prejudice to the provisions of Schedule 9 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.

Subject to subsections (5) to (12) below, this Act extends to England and Wales only.

The following provisions extend to Scotland only, namely—

The following provisions also extend to Scotland, namely—

Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.

Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

. . . and in Schedule 1 to the 1997 Act—apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.

Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Board, or as chairman of the Board, in accordance with the terms of his appointment.

An appointment as a member of the Board may be full-time or part-time.

The appointment of a person as a member of the Board, or as chairman of the Board, shall be for a fixed period of not longer than five years.

Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Board, or as chairman of the Board, expires shall be eligible for re-appointment.

No person may hold office as a member of the Board for a continuous period which is longer than ten years.

A person may at any time resign his office as a member of the Board, or as chairman of the Board, by notice in writing addressed to the Secretary of State.

The terms of appointment of a member of the Board, or the chairman of the Board, may provide for his removal from office (without cause being assigned) on notice from the Secretary of State of such length as may be specified in those terms, subject (if those terms so provide) to compensation from the Secretary of State; and in any such case the Secretary of State may remove that member from office in accordance with those terms.

Where—the Board shall pay to him compensation of such amount, and on such terms, as the Secretary of State may with the approval of the Treasury determine.

The Secretary of State may also at any time remove a person from office as a member of the Board if satisfied—

The Secretary of State shall remove a member of the Board, or the chairman of the Board, from office in pursuance of this paragraph by declaring his office as a member of the Board to be vacant and notifying that fact in such manner as the Secretary of State thinks fit; and the office shall then become vacant.

If the chairman of the Board ceases to be a member of the Board he shall also cease to be chairman.

The Board shall—as the Board are required to pay by or in accordance with directions given by the Secretary of State.

Where a member of the Board was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above.

Where—the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.

The Board may appoint a chief executive and such other employees as the Board think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

The Board shall—as the Board may, with the consent of the Secretary of State, determine.

Employment by the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

The arrangements for the procedure of the Board (including the quorum for meetings) shall be such as the Board may determine.

The validity of any proceedings of the Board (or of any committee of the Board) shall not be affected by—

As soon as possible after the end of each financial year of the Board, the Board shall send to the Secretary of State a report on the discharge of their functions during that year.

The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under this paragraph.

The Board shall—

The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct.

The Board shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

The Comptroller and Auditor General shall—

The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above.

A person who is sent for trial under section 51 or 51A of this Act on any charge or charges may, at any time—apply orally or in writing to the Crown Court sitting at the place specified in the notice under section 51D(1) of this Act for the charge, or any of the charges, in the case to be dismissed.

The judge shall dismiss a charge (and accordingly quash any count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for him to be properly convicted.

No oral application may be made under sub-paragraph (1) above unless the applicant has given to the Crown Court sitting at the place in question written notice of his intention to make the application.

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If the charge, or any of the charges, against the applicant is dismissed—

Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—

Except as provided by this paragraph, it shall not be lawful—if (in either case) the report contains any matter other than that permitted by this paragraph.

An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 2(1) above may be made by the judge dealing with the application.

Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 2(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

Where—sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “ all the applications are ”.

It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say—

The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—

The following is relevant business information for the purposes of sub-paragraph (8) above—and here “engaged” means engaged under a contract of service or a contract for services.

If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

In this paragraph—“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;“relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

Sub-paragraph (2) below applies where a justice of the peace . . . is satisfied that—

In such a case the justice shall issue a summons directed to the witness requiring him to attend before a justice at the time and place appointed in the summons, and to have his evidence taken as a deposition or to produce the document or other exhibit.

If a justice of the peace is satisfied by evidence on oath of the matters mentioned in sub-paragraph (1) above, and also that it is probable that a summons under sub-paragraph (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

A summons may also be issued under sub-paragraph (2) above if the justice is satisfied that the witness is outside the British Islands, but no warrant may be issued under sub-paragraph (3) above unless the justice is satisfied by evidence on oath that the witness is in England and Wales.

If—the justice may issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

Where—the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before the relevant date.

If any person attending or brought before a justice in pursuance of this paragraph refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following—

A fine imposed under sub-paragraph (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

If in pursuance of this paragraph a person has his evidence taken as a deposition, the designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor and the Crown Court.

If in pursuance of this paragraph a person produces an exhibit which is a document, the designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor and the Crown Court.

If in pursuance of this paragraph a person produces an exhibit which is not a document, the designated officer for the justice concerned shall as soon as is reasonably practicable inform the prosecutor and the Crown Court of that fact and of the nature of the exhibit.

In this paragraph—“prescribed” means prescribed by Criminal Procedure Rules;“the relevant date” means the expiry of the period referred to in paragraph 1(1) above.

Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.

Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 or 51A of this Act or for any other offence arising out of the same transaction or set of circumstances.

Sub-paragraph (2) above does not apply if—

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This paragraph applies where a magistrates’ court has sent a person for trial under section 51 or 51A of this Act for offences which include a summary offence.

If the person is convicted on the indictment, the Crown Court shall consider whether the summary offence is related to the indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent.

If it considers that the summary offence is so related, the court shall state to the person the substance of the offence and ask him whether he pleads guilty or not guilty.

If the person pleads guilty, the Crown Court shall convict him, but may deal with him in respect of the summary offence only in a manner in which a magistrates’ court could have dealt with him.

If he does not plead guilty, the powers of the Crown Court shall cease in respect of the summary offence except as provided by sub-paragraph (6) below.

If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the court shall dismiss it.

The Crown Court shall inform the designated officer for the magistrates’ court of the outcome of any proceedings under this paragraph.

If the summary offence is one to which section 40 of the Criminal Justice Act 1988 applies, the Crown Court may exercise in relation to the offence the power conferred by that section; but where the person is tried on indictment for such an offence, the functions of the Crown Court under this paragraph in relation to the offence shall cease.

Where the Court of Appeal allows an appeal against conviction of an indictable offence which is related to a summary offence of which the appellant was convicted under this paragraph—and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.

A notice under sub-paragraph (9) above shall include particulars of any direction given under paragraph (b) of that sub-paragraph in relation to the offence.

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An offence is related to another offence for the purposes of this paragraph if it arises out of circumstances which are the same as or connected with those giving rise to the other offence.

This paragraph applies where the Crown Court has to determine, for the purposes of this Schedule, whether an offence which is listed in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) is a summary offence.

The court shall have regard to any representations made by the prosecutor or the accused.

If it appears clear to the court that the value involved does not exceed the relevant sum, it shall treat the offence as a summary offence.

If it appears clear to the court that the value involved exceeds the relevant sum, it shall treat the offence as an indictable offence.

If it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, the court shall ask the accused whether he wishes the offence to be treated as a summary offence.

Where sub-paragraph (5) above applies—

In this paragraph “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).

The Crown Court may proceed in the absence of the accused in accordance with such of the provisions of paragraph 14 above as are applicable in the circumstances if—

Sub-paragraph (1) above is subject to the following provisions of this paragraph which apply where the court exercises the power conferred by that sub-paragraph.

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Where paragraph 14 above applies and it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, sub-paragraphs (5) and (6) of that paragraph shall not apply and—

In sub-paragraph (1) of paragraph 1 (preliminary)—

After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph—

In sub-paragraph (1) of paragraph 7 (revocation of order by magistrates’ court), after the words “the petty sessions area concerned” there shall be inserted the words “ or, where the relevant order is a drug treatment and testing order for which a magistrates’ court is responsible, to that court ”.

In sub-paragraph (3) of that paragraph—

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In sub-paragraph (3) of that paragraph—

In sub-paragraph (1) of paragraph 18 (notification of amended order), after the words “a relevant order” there shall be inserted the words “ (other than a drug treatment and testing order) ”.

After that sub-paragraph there shall be inserted the following sub-paragraph—

In sub-paragraph (2) of that paragraph, after the words “sub-paragraph (1)” there shall be inserted the words “ or (1A) ”.

If while a reparation order or action plan order is in force in respect of an offender it appears to the appropriate court, on the application of the responsible officer or the offender, that it is appropriate to make an order under this sub-paragraph, the court may make an order discharging the reparation order or action plan order or varying it—

Where an application under this paragraph for the discharge of a reparation order or action plan order is dismissed, no further application for its discharge shall be made under this paragraph by any person except with the consent of the appropriate court.

This paragraph applies where a reparation order or action plan order is in force and it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement included in the order.

The court—

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Where a court deals with an offender under sub-paragraph (2)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

Where—that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.

Where the Crown Court deals with an offender under sub-paragraph (5) above, it shall revoke the reparation order or action plan order if it is still in force.

A fine imposed under this paragraph shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

In dealing with an offender under this paragraph, a court shall take into account the extent to which he has complied with the requirements of the reparation order or action plan order.

Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.

Where the responsible officer makes an application under paragraph 2 or 3 above to the appropriate court, he may bring the offender before the court and, subject to sub-paragraph (9) below, the court shall not make an order under that paragraph unless the offender is present before it.

Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2 or 3 above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

Subsections (3) and (4) of section 55 of the 1980 Act (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under sub-paragraph (2) above as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “ cannot be served or ”.

Where the offender is arrested in pursuance of a warrant under sub-paragraph (2) above and cannot be brought immediately before the appropriate court, the person in whose custody he is—

Where an offender is, under sub-paragraph (4) above, brought before a youth court other than the appropriate court, that court may—

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Subject to sub-paragraph (7A) below, where an application is made to a court under paragraph 2(1) above, the court may remand (or further remand) the offender to local authority accommodation if—

Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority—

A court may make an order under paragraph 2 above in the absence of the offender if the effect of the order is one or more of the following, that is to say—

The provisions of section 17 of the 1982 Act (attendance centre orders) shall apply for the purposes of paragraph 3(2)(a) above but as if—