Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The New Services
Introduction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.
Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.
The inspectorate, and the office of chief inspector, established under section 23 of the Probation Service Act 1993 (inspectorate of probation) shall continue in being, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.
The Secretary of State may determine—
the number of members of the inspectorate,
the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.
Below in this Chapter—
references to the chief inspector are to Her Majesty’s Chief Inspector of Probation for England and Wales,
references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty’s Inspectorate of Probation for England and Wales.
The chief inspector must secure that the provision made in pursuance of arrangements made by the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) is inspected by a member of the inspectorate.
The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.
A report of an inspection under subsection (1) must be sent to the Secretary of State.
The Secretary of State may give directions as to—
the information to be given in the report and the form in which it is to be given,
the time by which the report is to be given.
The Secretary of State must lay a copy of the report before each House of Parliament.
The Secretary of State may give directions, in connection with the purposes mentioned in section 1 of the Offender Management Act 2007 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.
Schedule 1A (which makes further provision about the inspectorate) has effect.
Miscellaneous
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.
References in this Act or any other enactment to an officer of the Service are references to—
any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and
In respect of family proceedings in which the welfare of children other than children ordinarily resident in Wales is or may be in question, it is a function of the Service to—
safeguard and promote the welfare of the children,
give advice to any court about any application made to it in such proceedings,
make provision for the children to be represented in such proceedings,
provide information, advice and other support for the children and their families.
The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).
Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service’s functions.
The regulations may provide for the grants to be paid on conditions, including conditions—
regulating the purposes for which the grant or any part of it may be used,
requiring repayment to the Service in specified circumstances.
In this section, “family proceedings” has the same meaning as in the Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the Children Act 1989, but—
references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.
Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.
But the Service may only make an arrangement under subsection (1) if it is of the opinion—
that the functions in question will be performed efficiently and to the required standard, and
that the arrangement represents good value for money.
The Service may make arrangements with individuals under which they may perform functions of officers of the Service.
The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.
The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.
The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.
The Service may charge for anything done under arrangements under this section.
The Service may authorise an officer of the Service of a prescribed description—in the exercise of his functions.
to conduct litigation in relation to any proceedings in any court,
to exercise a right of audience in any proceedings before any court,
An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property and staff
“Eligible employee” means—
in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“New employer” means ... the Service.
“Old employer” means a local authority, ..., the Official Solicitor or the Receiver for the Metropolitan Police District.
“Property” includes rights and interests of any description, other than—
those under a contract of employment,
land, in the case of transfers to a local board.
The Secretary of State may by order make a scheme—
for the transfer to the Secretary of State or the Service of any property belonging to the old employer,
for the transfer to the Secretary of State or the Service of any liabilities to which the old employer is subject,
for the transfer of property or liabilities to a new employer after an initial transfer to the Secretary of State under paragraph (a) or (b),
for the Service to have any rights or interests which the Secretary of State considers appropriate in relation to any property transferred to the Secretary of State under the scheme.
Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.
No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—
it is stamped with the duty to which it would, but for this section, be liable, or
it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
Schedule 3 (contents of schemes) applies in relation to a scheme under this section.
For the purposes of stamp duty land tax, a land transaction effected by virtue of this section, under which the purchaser is the Service, is exempt from charge.
Relief under subsection (5) must be claimed in a land transaction return or an amendment of such a return.
The Secretary of State may by order make a scheme for the transfer to a new employer of any eligible employee.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A scheme may apply—
to all, or any description of, eligible employees or persons so employed, or
to any individual eligible employee or person so employed.
A scheme may be made only if any directions about consultation given by the Secretary of State have been complied with in relation to each of the eligible employees and chief probation officers to be transferred or appointed in pursuance of the scheme.
But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
The contract of employment of an employee transferred under a scheme—
is not terminated by the transfer,
has effect from the date of transfer as if originally made between the employee and the transferee.
Where an employee is transferred under a scheme—
all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and
anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee. This subsection does not prejudice the generality of subsection (1).
But if the employee informs the old employer or the transferee that he objects to the transfer—
subsections (1) and (2) do not transfer his contract of employment, or the rights, powers, duties and liabilities under or in connection with it, and
the contract of employment is terminated immediately before the date of transfer.
An employee is not to be treated, for the purposes of the Employment Rights Act 1996, as having been dismissed by the old employer by reason of—
the transfer of his contract of employment under a scheme, or
the termination of his contract of employment by virtue of subsection (3).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
In this section—“date of transfer” means the date of transfer determined under the scheme in relation to the employee,“scheme” means a scheme made by virtue of section 20,“transferee” means the new employer to whom the employee is or would be transferred under the scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order make a scheme for the transfer to the other person (the “transferee”) of any person (an “eligible employee”) employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.
A scheme may apply—
to all, or any description of, eligible employees, or
to any individual eligible employee.
A scheme may be made only if any directions about consultation given by the Secretary of State have been complied with in relation to each of the eligible employees to be transferred in pursuance of the scheme.
Provision for the protection of children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
In this Part—......“by virtue of” includes by or under,“organisation” includes a public body and a private or voluntary organisation,“prescribed” means prescribed by regulations,“regulations” means—in the case of regulations under section 15, regulations made by the Lord Chancellor, and in any other case, regulations made by the Secretary of State.
Protection of Children
Disqualification orders
For the purposes of this Part, an individual commits an offence against a child if—and references to being convicted of, or charged with, an offence against a child are to be read accordingly.
he commits any offence mentioned in paragraph 1 of Schedule 4,
he commits against a child any offence mentioned in paragraph 2 of that Schedule, or
he falls within paragraph 3 of that Schedule,
The Secretary of State may by order amend Schedule 4 so as to add, modify or omit any entry.
For the purposes of this Part, an individual is treated as being convicted of or (as the case may be) charged with an offence against a child if he is convicted of or charged with an equivalent armed forces offence.
In subsection (1), “equivalent armed forces offence” means an offence under section 42 of the Armed Forces Act 2006 constituted by an act or omission which—
is an offence against a child, or
would, if committed in England or Wales, be an offence against a child.
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section.
This section applies where either of the conditions set out below is satisfied in the case of an individual.
The first condition is that—
the individual is convicted of an offence against a child committed when he was aged 18 or over, and
a qualifying sentence is imposed by a superior court in respect of the conviction.
The second condition is that—
the individual is charged with an offence against a child committed when he was aged 18 or over, and
a relevant order is made by a superior court in respect of the act or omission charged against him as the offence.
Subject to subsection (5), the court must order the individual to be disqualified from working with children.
An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child.
If the court does not make an order under this section, it must state its reasons for not doing so and cause those reasons to be included in the record of the proceedings.
This section applies where either of the conditions set out below is satisfied in the case of an individual.
The first condition is that—
the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, and
a qualifying sentence is imposed by a superior court in respect of the conviction.
The second condition is that—
the individual is charged with an offence against a child committed at a time when the individual was under the age of 18, and
a relevant order is made by a superior court in respect of the act or omission charged against him as the offence.
If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.
If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
This section applies where—
an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over),
the individual is sentenced by a superior court, and
no qualifying sentence is imposed in respect of the conviction.
If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it may order the individual to be disqualified from working with children.
If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or
section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,
Subject to subsection (3), on an application under subsection (1)—
in a case falling within subsection (1)(a), the court—
must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and
if it does not make an order under that section, must comply with subsection (6) of that section,
in a case falling within subsection (1)(b), the court—
must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and
if it does so, must comply with subsection (5) of that section.
In sections 28 and this section—“guardianship order” means a guardianship order within the meaning of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Mental Health Act 1983,“qualifying sentence” means—a sentence of imprisonment for a term of 12 months or more, a sentence of detention in a young offender institution for a term of 12 months or more, a sentence of detention during Her Majesty’s pleasure, a sentence of detention for a period of 12 months or more under section 91 of the M5Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), a detention and training order for a term of 12 months or more, a sentence of detention for a term of 12 months or more imposed by a court-martial or the Courts-Martial Appeal Court, a hospital order within the meaning of the Mental Health Act 1983, or a guardianship order“relevant order” means—an order made by the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court that the individual in question be admitted to hospital, or a guardianship order,“senior court” means the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court.
The reference to detention in paragraph (f) of the above definition of “qualifying sentence” includes a reference to detention by virtue of a custodial order under—
section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955,
An individual may appeal against a disqualification order—
where an order is made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted.
In relation to a disqualification order made by the Court Martial, subsection (1)(b) has effect as if the reference to conviction on indictment were a reference to conviction by the Court Martial.
Subject to section 33, an individual who is subject to a disqualification order may make an application to the Tribunal under this section.
On an application under this section the Tribunal must determine whether or not the individual is to continue to be subject to the order.
If the Tribunal is satisfied that the individual is suitable to work with children, it must direct that the order is to cease to have effect; otherwise it must dismiss the application.
An individual may only make an application under section 32 with the leave of the Tribunal.
An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.
In the case of an individual who was under the age of 18 when he committed the offence against a child, the appropriate conditions are satisfied if—
at least five years have elapsed since the relevant date, and
in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
In the case of any other individual, the appropriate conditions are satisfied if—
at least ten years have elapsed since the relevant date, and
in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
The Tribunal may not grant an application under this section unless it considers—
that the individual’s circumstances have changed since the order was made or, as the case may be, since he last made an application under this section, and
that the change is such that leave should be granted.
In this section, “the relevant date” means—
in relation to an individual whose sentence is an actual term of custody, the day on which he is released or, if later, the day on which the disqualification order is made,
in relation to an individual whose sentence is suspended and does not take effect, the day on which the disqualification order is made,
in relation to an individual whose sentence is an order for admission to hospital—
if he is detained in a hospital pursuant to the order, the day on which he ceases to be liable to be detained there, or
if he is not so detained, the day on which the disqualification order is made,
in relation to an individual whose sentence is a guardianship order, the day on which the disqualification order is made.
in relation to an individual not falling within any of paragraphs (a) to (d), the day on which the disqualification order is made.
In this section—“actual term of custody” means a term of imprisonment or detention which is not suspended, or is suspended but takes effect,“guardianship order” has the same meaning as in section 30,“order for admission to hospital” means—... a hospital order within the meaning of the Mental Health Act 1983.
In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to(e) of the definition of “qualifying sentence” in section 30(1).
In subsection (7) “detention” means detention (or detention and training)—
under any sentence or order falling within paragraphs (b) to(e) of the definition of “qualifying sentence” in section 30(1), or
under any sentence or order which would fall within those paragraphs if it were for a term or period of 12 months or more.
If it appears to a chief officer of police or a director of social services of a local authority a director of children’s services of a local authority in England or a director of social services of a local authority in Wales that the conditions set out in subsection (2) are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.
The conditions are that—
a disqualification order made in respect of the individual is no longer in force, and
the individual has acted in such a way (whether before or after the order ceased to be in force) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.
An application under this section may be made at any time after the disqualification order ceased to be in force.
If the High Court is satisfied that the conditions set out in subsection (2) are satisfied, it must order that the disqualification order is to be restored; otherwise it must dismiss the application.
Where an order is made under this section, section 33 has effect with the following modifications—
in subsection (3), the reference to the individual being under the age of 18 when he committed the offence against a child is to be read as a reference to his being under that age when the order under this section was made,
in subsections (3)(a) and (4)(a), references to the relevant date are to be read as references to the date on which the order under this section was made,
in subsection (5)(a), the reference to the individual’s circumstances changing since the disqualification order was made is to be read as a reference to his circumstances changing since the order under this section was made.
For the purposes of this section a disqualification order is no longer in force if a direction under section 32(3) has been given in respect of it and it is not restored by virtue of an order under this section.
Effect of disqualification from working with children
An individual who is disqualified from working with children is guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a regulated position.
An individual is guilty of an offence if he knowingly—
offers work in a regulated position to, or procures work in a regulated position for, an individual who is disqualified from working with children, or
fails to remove such an individual from such work.
It is a defence for an individual charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was disqualified from working with children.
An individual is disqualified from working with children for the purposes of this Part if—
he is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children),
he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c. given on the grounds that he is unsuitable to work with children,
he is subject to a disqualification order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An individual who is guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both,
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
The regulated positions for the purposes of this Part are—
a position whose normal duties include work in an establishment mentioned in subsection (2),
a position whose normal duties include work on day care premises,
a position whose normal duties include caring for, training, supervising or being in sole charge of children,
a position whose normal duties involve unsupervised contact with children under arrangements made by a responsible person,
a position whose normal duties include caring for children under the age of 16 in the course of the children’s employment,
a position a substantial part of whose normal duties includes supervising or training children under the age of 16 in the course of the children’s employment,
a position mentioned in subsection (6),
a position whose normal duties include supervising or managing an individual in his work in a regulated position.
The establishments referred to in subsection (1)(a) are—
an institution which is exclusively or mainly for the detention of children,
a hospital which is exclusively or mainly for the reception and treatment of children,
a care home, residential care home, nursing home or private hospital which is exclusively or mainly for children,
an educational institution,
a children’s home or voluntary home,
a home provided under section 82(5) of the Children Act 1989.
For the purposes of this section, work done on any premises is treated as not being done on day care premises to the extent that—
it is done in a part of the premises in which children are not looked after, or
it is done at times when children are not looked after there.
The duties referred to in subsection (1)(c) and (d) do not include (respectively)—
caring for, training, supervising or being in sole charge of children in the course of the children’s employment, or
duties involving contact with children in the course of the children’s employment.
The reference in subsection (1)(d) to unsupervised contact is to contact in the absence of any responsible person or carer; and in this subsection, “carer” means a person who holds a position such as is mentioned in subsection (1)(c).
The positions mentioned in subsection (1)(g) are—
member of the governing body of an educational institution,
member of a relevant local government body,
director of children’s services and director of adult social services of a local authority in England,
director of social services of a local authority in Wales,
chief education officer of a local authority in Wales,
charity trustee of a children’s charity,
member of the Youth Justice Board for England and Wales,
Children’s Commissioner... appointed under Part 1 of the Children Act 2004,
Children’s Commissioner for Wales or deputy Children’s Commissioner for Wales,
member, or chief executive, of the Children and Family Court Advisory and Support Service.
For the purposes of subsection (6), a person is a member of a relevant local government body if—
he is a member of, or of an executive of, a local authority and discharges any education functions, or social services functions, of a local authority,
he is a member of an executive of a local authority which discharges any such functions,
he is a member of—which discharges any such functions.
a committee of an executive of a local authority, or
an area committee, or any other committee, of a local authority,
In its application to Northern Ireland, subsection (6) is to be read as mentioning also the following positions—
a position whose normal duties consist wholly or mainly of the direction or oversight of the exercise of the functions of the Department of Health in Northern Ireland that are mentioned in subsection (8A),
member, or executive director of social work, of a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991,
member, or chief education officer, of an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986.
Commissioner for Children and Young People for Northern Ireland appointed under the Commissioner for Children and Young People (Northern Ireland) Order 2003.
The functions referred to in subsection (8)(a) are those functions of the Department that relate to, or are exercised in connection with, the social care and children functions of Health and Social Care trusts (within the meaning given by Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991).
Any reference in subsection (7) to a committee includes a reference to any sub-committee which discharges any functions of that committee.
For the purposes of subsection (1)(h), the holder of a position—
only supervises an individual if he supervises the day-to-day performance of the individual’s duties, and
only manages an individual if the individual is directly responsible to him for the performance of his duties or he has authority to dismiss the individual.
For the purposes of this section, a charity is a children’s charity if the individuals who are workers for the charity normally include individuals working in regulated positions.
For the purposes of this section, an individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this subsection do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.
For the purposes of this section, the following are responsible persons in relation to a child—
the child’s parent or guardian and any adult with whom the child lives,
the person in charge of any establishment mentioned in subsection (2) in which the child is accommodated, is a patient or receives education, and any person acting on behalf of such a person,
in relation to England—
a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for,
a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child,
in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and
any person holding a position mentioned in subsection (6).
In this section—“area committee” has the same meaning as in section 18 of the Local Government Act 2000,“detention” means detention by virtue of an order of a court or under an enactment,“education functions” in relation to a local authority has the meaning given by section 579(1) of the Education Act 1996,“executive”, in relation to a local authority, has the same meaning as in Part II of the Local Government Act 2000,“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970.
For the purpose of amending the definition of “regulated position”, the Secretary of State may by order make any amendment of this section (apart from this subsection) which he thinks appropriate.
The Secretary of State may by order provide that section 35 shall apply in relation to an individual falling within subsection (2) as it applies in relation to an individual who is disqualified from working with children.
An individual falls within this subsection if, under the law of Scotland or Northern Ireland, he is subject to a prohibition or disqualification which, in the opinion of the Secretary of State, corresponds to disqualification (by any of the means mentioned in section 35(4)) from working with children.
Where a disqualification order is made in respect of an individual’s conviction of an offence, the rehabilitation period which, in accordance with section 6 of the Rehabilitation of Offenders Act 1974, is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.
In this section, “conviction” has the same meaning as in that Act.
Indecent conduct towards children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
At the end of section 22 (indecent conduct towards child) there is inserted—
In section 180(1) (interpretation), in the definition of “child”—
after “ “child”” there is inserted“ , except when used in section 22, ”, and
at the end there is inserted“ and, when used in section 22, has the meaning assigned to it by that section ”.
Indecent photographs of children: increase of maximum penalties
In section 6(2) of the Protection of Children Act 1978 (punishments), for “three” there is substituted “ ten ”.
In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for “three” there is substituted “ ten ”.
In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)—
after subsection (2) there is inserted—,
for the sidenote there is substituted “ Possession of indecent photograph of child ”.
In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)—
after paragraph (2) there is inserted—,
for the heading there is substituted “ Possession of indecent photograph of child ”.
General
In this Part—...“care home” has the same meaning as in the Care Standards Act 2000,"charity trustee” has the same meaning as in the Charities Act 2011,“child” means a person under the age of 18,“children’s home” has—in relation to England and Wales, the same meaning as in the Care Standards Act 2000, in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,“Class A drug” has the same meaning as in the Misuse of Drugs Act 1971,“day care premises” means—in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006, in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,“disqualification order” has the meaning given by section 30,“educational institution” means an institution which is exclusively or mainly for the provision of full-time education to children,“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,“hospital” has—in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, in relation to Northern Ireland, the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972,“local authority” has the same meaning as in the Education Act 1996,“nursing home” has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992,“private hospital” has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986,“residential care home” has the meaning given by Article 3 of the Registered Homes (Northern Ireland) Order 1992,“the Tribunal” means the First-tier Tribunal,“voluntary home” has the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995,“work” includes—work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and an office established by or by virtue of an enactment, and “working” is to be read accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dealing with offenders
Renaming certain community orders
An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for “ “probation order”” there is substituted “ “community rehabilitation order” ”, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a probation order—
are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—.
An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for “ “community service order”” there is substituted “ “community punishment order” ”, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a community service order—
are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”—and that definition is moved to follow the definition of “community order”.
for “service” there is substituted “ punishment ”,
for the words from “means” to the first mention of “above” there is substituted “ has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000 ”,
An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for “ “combination order”” there is substituted “ “community punishment and rehabilitation order” ”, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a combination order—
are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—.
New community orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 36A of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Young offenders: reprimands and warnings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—.
Police powers: drugs
The Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
After section 63A there is inserted—
In section 38 (duties of custody officer after charge)—
in subsection (1)(a), after sub-paragraph (iii) there is inserted—,
at the end of subsection (2) there is inserted “ but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence ”.
At the end of section 66 (codes of practice) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bail
In section 4 of the Bail Act 1976 (general right to bail), after subsection (8) there is inserted—
Detention
In section 43(1) of the Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
A person who—may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
is aged at least 18 but under 21,
A person—may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
who is aged under 21,
A person who has been sentenced to imprisonment and is aged under 21 may be detained—determined by the Secretary of State.
in a prison, or
in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section—“court” includes a court-martial and a Standing Civilian Court,“custodial order” means an order under—section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955, section 71AA of, or paragraph 10 of Schedule 5A to, the Air Force Act 1955, section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.
On the coming into force of this section—are omitted.
paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
paragraph (b) of the definition of “relevant sentence” in section 69(7),
Release of prisoners on licence etc.
This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
the Secretary of State is required to, or may, release the person from prison, and
the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
The conditions may include electronic monitoring conditions.
An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
In this section, “sentence of imprisonment” includes—and “prison” shall be construed accordingly.
a detention and training order,
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
an order under section 211 of the Armed Forces Act 2006, , and
a custodial order under—
section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
electronic monitoring of the person's compliance with another condition of release, and
electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).
The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
An order under this section may—
require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
make provision generally or in relation to a case described in the order.
An order under this section may, in particular—
make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
make provision by reference to whether a person specified in the order is satisfied of a matter.
An order under this section may not make provision about a case in which the sentence imposed on the person is—
a detention and training order,
a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 252A of the Sentencing Code(detention of offenders under 18 convicted of certain offences),
a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences),...
a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),
an order under section 211 of the Armed Forces Act 2006 , or
a custodial order under—
section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.
In this section, “electronic monitoring condition” has the same meaning as in section 62.
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where—
the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed ...
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed) , and
the Secretary of State is satisfied of the matters in subsection (1A).
Those matters are—
that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and
that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.
For the purpose of determining whether the person is complying with any of the conditions mentioned in subsection (1)(b), they may include the following requirement.
The requirement is that the person must provide, when instructed to do so by an officer of a local probation board , an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug or specified Class B drug in his body.
The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and rules made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
In this section, “sentence of imprisonment” includes—and “prison” shall be construed accordingly.
a detention and training order,
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),
a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code,
a sentence of detention under section 71A(3) or (4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) or (4) of the Naval Discipline Act 1957,
an order under section 211 of the Armed Forces Act 2006 , and
a custodial order under—
section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or
paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957,
This section applies where—
the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),
an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and
the Secretary of State is satisfied of the matters in subsection (2).
Those matters are—
that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
that the offender is dependent on, or has a propensity to misuse, a controlled drug,
that the dependency or propensity requires, and may be susceptible to, treatment, and
that arrangements have been made, or can be made, for the offender to have treatment.
The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
The condition must specify—
the person with whom the offender is to meet or under whose direction the appointments are to take place, and
where the appointments are to take place.
The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—
the duration of each appointment, and
when each appointment is to take place.
For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
In this section—“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;“sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—a sentence of detention in a young offender institution, a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code(detention at Her Majesty's pleasure), a sentence of detention under section 91 of that Act or section 250 or 252A of that Code(detention of offenders under 18 convicted of certain serious offences), a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006), a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code(including one passed as a result of section 221, 221A or 222 of the Armed Forces Act 2006), a sentence of detention under section 209 of the Armed Forces Act 2006 or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957(detention of offenders under 18 convicted of certain serious offences), and a sentence of detention under section 218 of the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957(detention at Her Majesty's pleasure).
In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—.
Sexual or violent offenders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part—“Class A drug” and “Class B drug” have the same meaning as in the Misuse of Drugs Act 1971,“specified”, in relation to a Class A drug or Class B drug, means specified by an order made by the Secretary of State,“trigger offence” has the meaning given by Schedule 6.
The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.
In this Part (except in section 69), references to release include temporary release.
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate places there are inserted—,.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General and supplementary
The Secretary of State may in accordance with this section make driver licensing information available for use by authorised persons for purposes relating to policing or law enforcement.
The Secretary of State must in regulations made for the purposes of this section (“driver information regulations”) make provision about the making available of driver licensing information under this section.
Driver information regulations must specify the circumstances in which information may be made available under this section.
Driver information regulations may in particular make provision—
specifying conditions that must be met for a person to be (or remain) authorised to receive information under this section;
specifying conditions that must be met before information may be made available under this section;
imposing requirements relating to the receipt and use of information made available under this section;
restricting the kind of information that may be made available to, or the purposes for which information may be used by, specified descriptions of authorised persons;
about the purposes for which, and the circumstances in which, information made available under this section may be further disclosed (including provision about the persons to whom it may be disclosed).
Before making driver information regulations, the Secretary of State must consult—
the Scottish Ministers,
the Department of Justice in Northern Ireland,
the National Police Chiefs’ Council,
such persons as appear to the Secretary of State to represent the views of police and crime commissioners, and
such other persons as the Secretary of State considers appropriate.
The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force.
The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland.
“Northern Ireland authorised persons” means authorised persons who—
are under the direction and control of—
the Chief Constable of the Police Service of Northern Ireland,
the Belfast Harbour Commissioners, or
Belfast International Airport Limited, or
are officers of the Police Ombudsman for Northern Ireland.
In this section—“authorised person” has the meaning given in section 71A;“driver licensing information” means any information held, in any form, by the Secretary of State for the purposes of Part 3 of the Road Traffic Act 1988.
In section 71 “authorised person” means a person specified in the first column of the following table who is authorised by the person specified in the corresponding entry in the second column of the table to receive information under that section.
In the table—“member of civilian police staff” means a person who is not a constable but who—is—employed, or engaged to provide services, for the purposes of a body of constables, and under the direction and control of a person who has the direction and control of a body of constables, or is under the direction and control of the chief constable of the Ministry of Defence Police;“officer”, in relation to the Police Ombudsman for Northern Ireland, means an officer of the Ombudsman within the meaning of Part 7 of the Police (Northern Ireland) Act 1998 (see section 50 of that Act);“relevant Provost Marshal” means—in relation to a member of a service police force—the Provost Marshal of that service police force, or in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime; in relation to any other person who is under the direction and control of a Provost Marshal, that Provost Marshal;“service police force” has the same meaning as in the Armed Forces Act 2006(see section 375(1) of that Act).
The Secretary of State may issue a code of practice about the receipt and use of information made available under section 71.
The code may make different provision for different purposes or different areas.
In preparing a code of practice, the Secretary of State must consult—
the Scottish Ministers,
the Department of Justice in Northern Ireland, and
such other persons as the Secretary of State considers appropriate.
The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force.
The Secretary of State may revise a code of practice issued under this section; and subsection (3) applies in relation to revising a code as it applies in relation to preparing a code.
The Secretary of State must lay before Parliament and publish any code of practice issued or revised under this section.
Any person to whom information is made available under section 71 must have regard to any code of practice issued under this section.
The Secretary of State must in relation to each calendar year prepare a report about the use of information made available under section 71. This is subject to subsection (3) (period to which first report relates).
The Secretary of State must publish each report before 1 July in the year following the year to which the report relates.
The first report is to relate to the period beginning with the commencement day and ending at the end of the year in which that day falls.
In subsection (3), “the commencement day” means the day on which section 181 of the Crime and Policing Act 2026 first comes into force for any purpose, other than the purposes of making regulations.
In section 444 of the Education Act 1996 (failure to secure regular attendance at school)—
after subsection (1) there is inserted—,
in subsection (8), for “this section” there is substituted “ subsection (1) ”,
after that subsection there is inserted—
This section does not apply to an offence committed before the section comes into force.
In section 8(8) of the Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—.
Schedule 7 (which makes minor and consequential amendments) is to have effect.
The enactments specified in Schedule 8 are repealed to the extent specified.
This section applies to any power conferred by this Act on ... the Secretary of State to make regulations, rules or an order.
The power may be exercised so as to make different provision for different purposes or different areas.
The power includes power to make—which the Minister exercising the power considers necessary or expedient.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
An order—may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.
making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,
A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (6) does not apply to a statutory instrument containing an order—
revoking an order made by virtue of section 10, or
made by virtue only of section 80.
... the Secretary of State may by order make—which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
The provision which may be made under subsection (1) in relation to section 61 of this Act (abolition of sentence of detention in young offender institution etc) also includes provision amending or repealing—
any provision of the Counter-Terrorism and Sentencing Act 2021,
any provision of an enactment that was inserted or amended by, or by regulations made under, the Counter-Terrorism and Sentencing Act 2021.
In this Act—...“enactment” includes an enactment contained in subordinate legislation,“functions” includes powers and duties,...“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
In this Act, “enactment” means an enactment whenever passed or made; but in this Part other than section 77(3) it means—
an Act passed before, or in the same Session as, this Act, and
subordinate legislation made before the passing of this Act.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act,
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.
Different days may be appointed under this section for different purposes and different areas.
Subsection (1) does not apply to—
section 60,
this Chapter,
in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),
the repeals mentioned in the note to Schedule 8.
Subject to the following provisions, this Act extends to England and Wales only.
Subsection (1) does not apply to—
section 61 so far as it relates to sentences passed by a court-martial or a Standing Civilian Court,
section 71,
this Chapter,
paragraphs 17 and 19 of Schedule 2,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 159 of Schedule 7.
Section 40 extends to Northern Ireland only.
The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
This Act may be cited as the Criminal Justice and Court Services Act 2000.
Local probation boards
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further provision about the inspectorate
Delegation of functions
A member of the inspectorate may delegate any of his functions (to such extent as he may determine) to another public authority.
If a member of the inspectorate delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 7 and this Schedule as carried out by that member.
In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.
Inspection programmes and inspection frameworks
The chief inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare—
a document setting out what inspections he proposes to carry out (an “inspection programme”);
a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).
Before preparing an inspection programme or an inspection framework the chief inspector shall consult the Secretary of State and (subject to sub-paragraph (3))—and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.
Her Majesty's Chief Inspector of Prisons,
Her Majesty's Chief Inspector of Constabulary,
Her Majesty's Chief Inspector of the Crown Prosecution Service,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Her Majesty's Chief Inspector of Education, Children's Services and Skills,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Care Quality Commission,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Auditor General for Wales,...
the Commissioner for Victims and Witnesses, and
any other person or body specified by an order made by the Secretary of State,
The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.
The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.
Nothing in any inspection programme or inspection framework is to be read as preventing the inspectorate from making visits without notice.
Inspections by other inspectors of organisations within inspectorate's remit
If—the chief inspector shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.
a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and
the chief inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,
The persons or bodies within this sub-paragraph are—
Her Majesty's Chief Inspector of Prisons;
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Care Quality Commission;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order amend sub-paragraph (2).
In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.
A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectorate under section 7.
A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.
The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (9).
The Secretary of State, if satisfied that the proposed inspection—may give consent to the inspection being carried out, or being carried out in that manner.
would not impose an unreasonable burden on the organisation in question, or
would not do so if carried out in a particular manner,
The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
provision about the form of notices;
provision prescribing the period within which notices are to be given;
provision prescribing circumstances in which notices are, or are not, to be made public;
provision for revising or withdrawing notices;
provision for setting aside notices not validly given.
Co-operation
The inspectorate shall co-operate with—where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectorate.
Her Majesty's Chief Inspector of Prisons,
Her Majesty's Inspectors of Constabulary,
Her Majesty's Inspectorate of the Crown Prosecution Service,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Her Majesty's Chief Inspector of Education, Children's Services and Skills,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Care Quality Commission,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Auditor General for Wales, and
any other public authority specified by an order made by the Secretary of State,
Joint action
The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate's functions.
The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—
what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and
what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.
The chief inspectors within this sub-paragraph are—
Her Majesty's Chief Inspector of Prisons;
Her Majesty's Chief Inspector of Constabulary;
Her Majesty's Chief Inspector of the Crown Prosecution Service;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.
Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.
The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.
The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
In sub-paragraph (7)—“specified” means specified in the direction;“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
Assistance for other public authorities
The chief inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.
The chief inspector may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).
Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector thinks fit.
Joint inspection of courts
The inspectorate may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.
Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.
The power of the inspectorate under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.
Children and Family Court Advisory and Support Service
Constitution
The Service is to consist of a chairman, and not less than nine other members, appointed by the Secretary of State.
Regulations may provide—
for the appointment of the chairman and other members and for the co-option by the Service for particular purposes of additional members (including the number, or limits on the number, of persons who may be appointed or co-opted and any conditions to be fulfilled for appointment or co-option),
for the tenure of office of the chairman and other members and any co-opted members (including the circumstances in which they cease to hold office or may be removed or suspended from office).
References below in this Schedule to members of the Service do not include co-opted members.
Remuneration etc. of members
The Service may pay, or make provision for paying, to or in respect of any person who is or has been the chairman or another member—determined by the Secretary of State.
any remuneration, fees or expenses,
any pension, allowance or gratuity,
The Service may, to any extent determined by the Secretary of State, reimburse any co-opted members for any expenses or loss of earnings.
Where a person ceases to be chairman or another member of the Service otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation, the Service may pay that person an amount determined by the Secretary of State.
Procedure
Regulations may provide for—
the establishment and functions of committees (including committees which include persons who are not the chairman or another member of the Service),
the procedure of the Service and of any of its committees (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
Staff and other officers
The Service may appoint—
staff to perform the functions of officers of the Service, and
other staff.
Regulations may make provision as to the qualifications, experience or training to be required of officers of the Service (whether or not appointed under sub-paragraph (1)(a)).
One of the staff appointed under sub-paragraph (1)(b) is to be the chief executive.
The Service must not appoint a person—without the approval of the Secretary of State.
as chief executive, or
as a member of the staff of a description specified in a direction given by the Secretary of State,
Staff of the Service are to be appointed on terms and conditions determined by the Service as to—
any remuneration, fees or expenses,
any pension, allowance or gratuity.
It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service.
But a determination under this paragraph requires the approval of the Secretary of State.
Delegation
The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.
Payments to the Service
The Secretary of State may, at any time, pay to the Service any amount he considers appropriate.
If he considers it appropriate, he may make any payment on conditions.
Supervision
Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the Secretary of State.
In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards.
The Service must provide the Secretary of State with any information relating to the performance of its functions which he may from time to time require.
Ancillary powers
Subject to any directions given by the Secretary of State, the Service may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
That includes, in particular—
holding land and other property,
entering into contracts,
investing sums not immediately required for the purpose of performing its functions,
accepting gifts.
But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the Secretary of State.
Directions
Different directions may be given under this Schedule for different purposes.
Directions under this Schedule may be either general or special.
Reports and accounts
The Service must make a report to the Secretary of State in respect of each financial year on the performance of its functions.
The Secretary of State may give directions as to—
the information to be given in the report and the form in which it is to be given, and
the time by which the report is to be given.
The Secretary of State must—
lay a copy of the report before each House of Parliament,
arrange for the report to be published in a manner he considers appropriate.
The Service must—
keep proper accounts and proper records in relation to the accounts,
prepare in respect of each financial year of the Service a statement of accounts, and
send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
The statement of accounts must comply with any directions given by the Secretary of State as to—and must contain any additional information the Secretary of State may require to be provided for the information of Parliament.
the information to be contained in it,
the manner in which the information contained in it is to be presented,
the methods and principles according to which the statement is to be prepared,
The Service must, in accordance with directions given by the Secretary of State—
appoint an auditor who is not a member of the Service’s staff, and
ensure that the auditor makes a report to the Secretary of State about the preparation of the accounts and about the statement of accounts.
The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.
“Financial year”, in this Schedule, means—
the period beginning with the date on which the Service is established and ending with the next following 31st March, and
each successive period of twelve months.
Complaints
The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.
Status
The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
General
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place there is inserted—
Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place there is inserted—
Transfer of property
A scheme may, in particular—
provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,
provide for any property, liabilities or conditions to be determined under the scheme.
A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.
In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.
Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.
A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.
Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
Meaning of “offence against a child”
The offences mentioned in paragraph (a) of subsection (1) of section 26 are—
an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children),
an offence under section 1 of the Infanticide Act 1938 (infanticide),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children),
an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent),
an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),
The offences mentioned in paragraph (b) of that subsection are—
murder,
manslaughter,
kidnapping,
false imprisonment,
an offence under section 18 or 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm),
an offence under section 47 of that Act (assault occasioning actual bodily harm),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
A person falls within this paragraph if—
he commits an offence under section 16 of the Offences against the Person Act 1861 (threats to kill) by making a threat to kill a child,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 by—
supplying or offering to supply a Class A drug to a child,
being concerned in the supplying of such a drug to a child, or
being concerned in the making to a child of an offer to supply such a drug,
he commits an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult a child or vulnerable adult to die or suffer serious physical harm) in respect of a child.
he commits an offence of—
aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or
conspiring or attempting to commit such an offence.
Amendments of the Sex Offenders Act 1997
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trigger offences
Offences under the following provisions of the Theft Act 1968 are trigger offences: section 1 (theft) section 8 (robbery) section 9 (burglary) section 10 (aggravated burglary) section 12 (taking motor vehicle or other conveyance without authority) section 12A (aggravated vehicle-taking)... section 22 (handling stolen goods) section 25 (going equipped for stealing, etc.)
Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug: section 4 (restriction on production and supply of controlled drugs) section 5(2) (possession of controlled drug) section 5(3) (possession of controlled drug with intent to supply)
An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under—
section 1 of the Fraud Act 2006 (fraud).
Minor and consequential amendments
New names
Community rehabilitation orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community punishment orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community punishment and rehabilitation orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers of local probation boards
In the following enactments—
for “a probation officer” there is substituted “ an officer of a local probation board ”,
for “the probation officer” there is substituted “ the officer of a local probation board ”.
The enactments are—In the Children and Young Persons Act 1969—... in section 34, subsections (2) and (3). In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991—in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3). In the Criminal Justice Act 1991—section 37(4A)(a), section 43(5), in section 65, subsections (1)(a) and (1A) (in both places), in Schedule 3, paragraph 11(5)(b). In the Prisoners and Criminal Proceedings (Scotland) Act 1993—sections 12(2)(a) and 15(4). In the Criminal Procedure (Scotland) Act 1995—sections 209(3)(a) and 234(1)(a) section 209(3)(a). In the Crime (Sentences) Act 1997—section 31(2A)(a). In the Crime and Disorder Act 1998—sections 8(8)(a), 18(3) (in both places) and 39(5)(a). In the Powers of Criminal Courts (Sentencing) Act 2000—in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b), in section 46, subsections (5)(a) and (b) and (11)(a) and (b), in section 54, subsections (2) and (3), in section 57, subsections (1) to (4),............... in section 122, subsections (2) and (5), sections 157(1)(a) and 162(2)(a) and (b), in Schedule 2—paragraph 2(2)(a)(i) and (ii), paragraph 3(2)(a) and (b).
General
Children and Young Persons Act 1933 (c. 12)
In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “ 18 ”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted—
Prison Act 1952 (c. 52)
The Prison Act 1952 is amended as follows.
In section 37(4) (closing of prisons), “remand centre” is omitted.
In section 43 (remand centres, detention centres and youth custody centres)—
in subsection (2)—
in paragraph (a), for “21” there is substituted “ 18 ” and “a remand centre or” is omitted,
paragraphs (b) and (c) are omitted,
subsection (3) is omitted,
in subsection (4), “remand centres” is omitted,
subsection (7) is omitted.
In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)—
in subsection (1) and the sidenote, “remand centres” is omitted,
in subsection (5), “remand centre” is omitted.
Army Act 1955 (c. 18)
The Army Act 1955 is amended as follows.
In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.
In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—.
In section 71A (juveniles)—
in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,
subsections (1A) to (1C) are omitted,
in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,
in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
In section 71AA (young service offenders: custodial orders)—
in subsection (1)—
for “twenty-one” (in both places) there is substituted “ eighteen ”,
for paragraph (a) there is substituted—,
in subsection (1AA), “aged 17” is omitted,
in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
Schedule 5A (powers of court on trial of civilian) is amended as follows.
In paragraph 10—
in sub-paragraph (1)—
for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,
for paragraph (a) there is substituted—,
in sub-paragraph (1A), “under 18 years of age” is omitted,
in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,
in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In paragraph 15—
in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,
in the table—
in the heading to the first column, for “21” there is substituted “ 18 ”,
for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,
in the second column, “Custody for life” is omitted,
in the note following the table—
in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.
Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
Air Force Act 1955 (c. 19)
The Air Force Act 1955 is amended as follows.
In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.
In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—.
In section 71A (juveniles)—
in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,
subsections (1A) to (1C) are omitted,
in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,
in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
In section 71AA (young service offenders: custodial orders)—
in subsection (1)—
for “twenty-one” (in both places) there is substituted “ eighteen ”,
for paragraph (a) there is substituted—,
in subsection (1AA), “aged 17” is omitted,
in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
Schedule 5A (powers of court on trial of civilian) is amended as follows.
In paragraph 10—
in sub-paragraph (1)—
for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,
for paragraph (a) there is substituted—,
in sub-paragraph (1A), “under 18 years of age” is omitted,
in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,
in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In paragraph 15—
in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,
in the table—
in the heading to the first column, for “21” there is substituted “ 18 ”,
for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,
in the second column, “Custody for life” is omitted,
in the note following the table—
in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.
Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
Naval Discipline Act 1957 (c. 53)
The Naval Discipline Act 1957 is amended as follows.
In section 38(3A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.
In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted—.
In section 43A (juveniles)—
in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,
subsections (1A) to (1C) are omitted,
in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,
in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
In section 43AA (young service offenders: custodial orders)—
in subsection (1)—
for “twenty-one” (in both places) there is substituted “ eighteen ”,
for paragraph (a) there is substituted—,
in subsection (1AA), “aged 17” is omitted,
in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
Schedule 4A (powers of court on trial of civilian) is amended as follows.
In paragraph 10—
in sub-paragraph (1)—
for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,
for paragraph (a) there is substituted—,
in sub-paragraph (1A), “under 18 years of age” is omitted,
in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,
in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,
in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.
In paragraph 15—
in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,
in the table—
in the heading to the first column, for “21” there is substituted “ 18 ”,
for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,
in the second column, “Custody for life” is omitted,
in the note following the table—
in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,
in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.
Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
Criminal Justice Act 1961 (c. 39)
In section 23(4) of the Criminal Justice Act 1961 (prison rules), for “secure training centres and remand centres” there is substituted “ and secure training centres ”.
Criminal Justice Act 1967 (c. 80)
The Criminal Justice Act 1967 is amended as follows.
In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for “twenty-one” there is substituted “ eighteen ”.
In section 67(6) (computation of sentences of imprisonment passed in England and Wales), “to a remand centre or” is omitted.
Social Work (Scotland) Act 1968 (c. 49)
In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)—
at the appropriate place there is inserted—,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
The Children and Young Persons Act 1969 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “ local probation board ”.
In section 46(1) (discontinuance of approved schools etc.), “within the meaning of the Probation Service Act 1993” is omitted.
In section 70(1) (general interpretation), at the appropriate place there is inserted—.
Schedule 3 (approved schools and other institutions) is amended as follows.
In paragraph 9—
in sub-paragraph (2)—
for “either” there is substituted “ any ”,
in paragraph (a), “or” is omitted,
after paragraph (b) there is inserted—
for sub-paragraph (4)(b) there is substituted—.
Local Authorities (Goods and Services) Act 1970 (c. 39)
Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” includes a local probation board established under section 4 of this Act.
An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local probation board specified in the order.
Pensions (Increase) Act 1971 (c. 56)
In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted—
Local Government Act 1972 (c. 70)
In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)—
in paragraph 2(a), “or” is omitted,
at the end of paragraph 2(b) there is inserted,
after paragraph 2 there is inserted—
Juries Act 1974 (c. 23)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c. 53)
The Rehabilitation of Offenders Act 1974 is amended as follows.
In section 5 (rehabilitation periods for particular sentences)—
in subsection (4A), for “a person was placed on probation” there is substituted“ a probation order was made ”,
in subsection (4A)(b), for “probation order” there is inserted“ order in question ”.
In section 6(3) (the rehabilitation period applicable to a conviction)—
for “placed on probation” there is substituted “ a probation order was made ”,
for “or probation” there is substituted “ or a breach of the order ”.
Adoption Act 1976 (c. 36)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Act 1977 (c. 45)
The Criminal Law Act 1977 is amended as follows.
In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of “prison”, for paragraph (ia) there is substituted—.
In section 38B(5) (further provision for execution of warrants of commitment), in the definition of “prison”, for paragraph (a) there is substituted—.
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
In section 26(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (reconciliation)—
for “a probation officer” there is substituted “ an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000) ”,
for “the probation officer or that” there is substituted “ that officer or ”.
Magistrates’ Courts Act 1980 (c. 43)
The Magistrates’ Courts Act 1980 is amended as follows.
In section 11(3) (non-appearance of accused: general provisions), “or detention in a detention centre” is omitted.
In section 31 (general limit on power of magistrates’ court to impose imprisonment), in subsections (1) and (2), “or youth custody” is omitted.
Section 72 (report by probation officer on means of parties) is omitted.
In section 82 (restriction on power to impose imprisonment for default)—
in subsection (1)(c), “youth custody or detention in a detention centre” is omitted,
in subsections (1)(c), (3)(a) and (5)(b), for “section 9 of the Criminal Justice Act 1982” there is substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”,
in subsection (4A)(e), for “section 17 of the Criminal Justice Act 1982” there is substituted “ section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.
In section 88 (supervision pending payment)—
in subsection (4), for “detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ prison ” and for “such detention” there is substituted “ prison ”,
in subsection (5), for “such detention” there is substituted “ prison ”.
Section 96A (application of Part III to persons aged 18 to 20) is omitted.
In section 133 (consecutive terms of imprisonment)—
in subsection (1), the first, second and fourth mentions of “or youth custody” are omitted,
subsection (2A) is omitted.
In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.
In section 136 (committal to custody overnight at police station), subsection (4) is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), “remand centre” is omitted.
Criminal Justice Act 1982 (c. 48)
In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “probation committee for that area to appoint or assign a probation officer” there is substituted “ local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board ”.
Mental Health Act 1983 (c. 20)
The Mental Health Act 1983 is amended as follows.
In section 48(2)(a) (removal to hospital of other prisoners), “or remand centre” is omitted.
In section 134(3)(e) (correspondence of patients), for “probation committee (within the meaning of the Probation Service Act 1993)” there is substituted “ local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the “and” preceding it are omitted.
Police and Criminal Evidence Act 1984 (c. 60)
The Police and Criminal Evidence Act 1984 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 62 (intimate samples), at the beginning of subsection (1) there is inserted “ Subject to section 63B below ”.
Child Abduction and Custody Act 1985 (c. 60)
The Child Abduction and Custody Act 1985 is amended as follows.
In sections 6(a) and 21(a) (reports), for “a probation officer” there is substituted “ an officer of the Service ”.
In section 27 (interpretation), after subsection (4) there is inserted—
Local Government Act 1988 (c. 9)
In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for “A probation committee (within the meaning of the Probation Service Act 1993)” there is substituted “ A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.
Education Reform Act 1988 (c. 40)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 1989 (c. 41)
The Children Act 1989 is amended as follows.
In section 7 (welfare reports)—
in subsection (1), for “a probation officer” (in both places) there is substituted “ an officer of the Service ”,
in subsection (5), for “probation officer” there is substituted “ officer of the Service ”.
In section 16 (family assistance orders)—
in subsection (1)(a), for “a probation officer” there is substituted “ an officer of the Service ”,
subsections (8) and (9) are omitted.
In section 31(1)(b) (care and supervision orders), “or of a probation officer” is omitted.
In section 41 (representation of child and of his interests in certain proceedings)—
in subsections (1) and (11), for “a guardian ad litem” there is substituted “ an officer of the Service ”,
in subsections (2), (4)(a) and (10)(a) and (b), for “guardian ad litem” there is substituted “ officer of the Service ”,
in subsection (10)(c), for “guardians ad litem” there is substituted “ officers of the Service ”,
subsections (7) to (9) and (12) are omitted,
for the cross-heading preceding section 41 there is substituted “ Representation of child ”.
In section 42 (right of guardian ad litem to have access to local authority records)—
in subsection (1)—
for “a person” there is substituted “ an officer of the Service ”,
for “as a guardian ad litem under this Act” there is substituted “ under section 41 ”,
in subsection (2), for “a guardian ad litem” there is substituted “ an officer of the Service ”,
for the sidenote there is substituted “ Right of officer of the Service to have access to local authority records ”.
In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)—
in paragraph (a), “or” is omitted,
in paragraph (b), after “hostels or homes” there is inserted
In section 68(2)(d), (persons disqualified from being private foster parents), for “has been placed on probation or” there is substituted “ a probation order has been made in respect of him or he has been ”.
In section 105(1) (interpretation), at the appropriate place there is inserted—.
In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.
In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.
Computer Misuse Act 1990 (c. 18)
In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for “of twenty-one years of age or over (not previously convicted)” there is substituted “ who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions ”.
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1991 (c. 53)
The Criminal Justice Act 1991 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.
In section 92(1) (interpretation of Part IV), in the definition of “prison”, “or remand centre” is omitted.
In section 99(1) (general interpretation), at the appropriate place there is inserted—.
In Schedule 3 (reciprocal enforcement of certain orders)—
in paragraph 10—
in sub-paragraphs (2)(b) and (3)(c), for “probation committee” there is substituted “ local probation board ”,
in sub-paragraph (3)(a), for “a probation officer assigned” there is substituted “ an officer of a local probation board assigned ”,
in sub-paragraph (3)(d), for “probation centre” there is substituted “ community rehabilitation centre ”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraphs 2 and 6(3) are omitted.
In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), “remand centre or” is omitted.
Water Industry Act 1991 (c. 56)
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for “young offender institution or remand centre” there is substituted “ or young offender institution ”.
Prison Security Act 1992 (c. 25)
In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
In section 15(5) (variation of supervised release order), for “probation officer” there is substituted “ officer of a local probation board ”.
In section 27(1) (interpretation of Part I), at the appropriate place there is inserted—.
Intelligence Services Act 1994 (c. 13)
In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
In section 209(7) (supervised release orders), for “probation officer” there is substituted “ officer of a local probation board ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 307(1) (interpretation), at the appropriate place there is inserted—.
Education Act 1996 (c. 56)
The Education Act 1996 is amended as follows.
In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted—
After section 473 there is inserted—
In section 474 (removal of disqualification)—
at the end of subsection (1) there is inserted—,
for the sidenote there is substituted “Removal of disqualification: other cases.”
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “ local probation board ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Protected Material) Act 1997 (c. 39)
In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.
Crime (Sentences) Act 1997 (c. 43)
The Crime (Sentences) Act 1997 is amended as follows.
In section 28 (duty to release certain life prisoners)—
for the words from the beginning to the end of subsection (5)(a) there is substituted—,
subsection (9) is omitted.
In section 33 (life prisoners transferred to England and Wales)—
In section 34(1) (interpretation), the words following the first mention of “sentences” are omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 54(1) (general interpretation), at the appropriate place there is inserted—.
In section 57(8) (extent), at the end there is inserted—and Chapter II of Part II of that Act is to be treated as always having had effect as amended by this paragraph.
In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for “Probation officer” there is substituted “ Officer of a local probation board ”.
In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.
Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement.
Paragraph 147 below applies where a person serving any life sentence passed after commencement—and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 147 below as pre-commencement life sentences.
is also serving a life sentence passed before commencement, or
by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,
Section 28(1B) is to have effect as if—
any reference to a life sentence included a pre-commencement life sentence,
any reference to an order or direction in relation to such a life sentence were to—
a certificate under section 33,
any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.
In paragraphs 145 and 146 above, “commencement” means the coming into force of section 60 of this Act and “life sentence” has the same meaning as in Chapter II of Part II of that Act.
Police Act 1997 (c. 50)
In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.
Crime and Disorder Act 1998 (c. 37)
The Crime and Disorder Act 1998 is amended as follows.
In sections . . . 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for “probation committee” there is substituted “ local probation board ”.
In section 117(1) (interpretation), after the definition of “guardian” there is inserted—.
In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.
Protection of Children Act 1999 (c. 14)
The Protection of Children Act 1999 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6 (appeals against prohibition or restriction of employment) is omitted.
In section 9(2) (the Tribunal)—
in paragraph (a), after “4” there is inserted“ , 4A or 4B ”,
for paragraph (b) there is substituted—,
for the “or” before paragraph (d) there is substituted—,
after paragraph (d) there is inserted
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 14 (extent etc.)—
in subsection (3), for “This Act, except section 8 and this section,” there is substituted “ Subject to subsections (4) and (5) below, this Act ”,
after subsection (4) there is inserted—
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 60(1)(b) (attendance centre orders), after “court” there is inserted “ has power or ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 139 (powers and duties of Crown Court in relation to fines and forfeited recognizances)—
in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)” is omitted,
in subsection (3), “or detained” is omitted,
in subsection (3)(c), “custody for life or detention in a young offender institution” is omitted,
in subsection (4), “or detention” is omitted,
in subsection (5), the second “or detention” is omitted.
In section 140(3) (enforcement of fines imposed and recognizances forfeited by Crown Court), “or detention under section 108 above” is omitted.
For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted “ Other reports of officers of local probation boards and members of youth offending teams ”.
In section 160 (rules and orders)—
in subsection (2)(a), for the words from “40(1)” to “Schedule 2” there is substituted “ 36B(6), 40(1), 40C(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, or 8 of Schedule 2 ”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3)(a)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for subsection (5) there is substituted—
In section 163 (general definitions)—
in the definition of “attendance centre order”, for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”,
the definitions of “combination order”, “probation order” and “probation period” are omitted,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
at the end of the definition of “custodial sentence” there is inserted “ and, in relation to sentences passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution ”,
at the appropriate places there are inserted—...“community rehabilitation period” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order“drug abstinence order” means an order under section 58A(1) above...“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
in the definition of “responsible officer”—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 6(7)—
paragraph (a) is omitted,
in paragraph (b), “if it has not been so notified” is omitted.
Schedule 9 (consequential amendments) is amended as follows.
Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156 and 166(3) are omitted.
Paragraphs 182 and 188 are omitted.
Sub-paragraph (3) has effect in relation to sentences passed after the coming into force of section 60.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support, Pensions and Social Security Act 2000 (c. 19)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning and Skills Act 2000 (c. 21)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation of Investigatory Powers Act 2000 (c. 23)
In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.
Repeals
In section 117(3)(a), “and a remand centre”.
The repeals—have effect in relation to sentences passed after the coming into force of section 60 of this Act.
of paragraphs 182 and 188 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000,