UKPGA-2008-4 Criminal Justice and Immigration Act 2008 UK

Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.

Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.

Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.

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In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—

In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—.

The Criminal Justice Act 2003 (c. 44) is amended as follows.

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In the italic heading before section 240, after “custody” insert “ or on bail subject to certain types of condition ”.

After section 240 insert—

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In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.

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The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).

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In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.

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In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—

Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.

In subsection (2)—

Subsections (3), (4), (5) and (6) are omitted.

In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—

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Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.

In subsection (1) for paragraph (b) substitute—

In subsection (2) omit “or (b)”.

Subsections (3) and (5) cease to have effect.

In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.

After section 256 insert—

Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.

For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—

In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.

In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.

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In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.

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Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

In subsection (1) (the power of removal)—

For subsection (2) (conditions relating to time) substitute—

Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.

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In subsection (6) (order-making powers)—

For subsection (7) (meaning of “requisite custodial period”) substitute—

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Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for section 227 of the Sentencing Code (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).

The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

In this section (and Schedule 7) “youth default order” means an order under subsection (2).

A youth default order—

Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—

Where a youth default order has been made for default in paying any sum—

In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.

In the heading for “or curfew requirement” substitute “ curfew requirement or attendance centre requirement ”.

In subsection (2), at the end of paragraph (b) insert.

Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.

After paragraph 9 insert—

Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.

In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law

In subsection (9) after paragraph (b) insert

Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—

The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).

Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.

The provisions of Schedule 10 (and this section) extend only to England and Wales.

Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.

In section 112 (criminal conviction certificates)—

In section 113A(6) (criminal record certificates)—

This section extends to England and Wales only.

Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is amended as follows.

In subsection (1), for “the court may proceed in his absence” substitute

After subsection (2) insert—

In each of subsections (3) and (4), for “A magistrates' court” substitute “ In proceedings to which this subsection applies, the court. ”

After subsection (3) insert—

After subsection (4) insert—

Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.

Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.

In subsection (2) (powers of designated non-legal staff)—

For subsection (5) (interpretation) substitute—

Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).

After subsection (7) insert—

In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “ , 7(1) and 7A ”.

The Criminal Justice Act 1987 (c. 38) is amended as follows.

After section 2 insert—

In section 17 (extent)—

In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—.

In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “ (or any particular of any matter of fact) ”.

The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.

Section 133 (compensation for miscarriages of justice) is amended as follows.

At the end of subsection (2) (compensation only payable if application for compensation is made) insert

For subsection (4A) substitute—

After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “ and section 133A ”.

After section 133 insert—

In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “ sections 133 to 133B ”.

This section extends to England and Wales and Northern Ireland.

Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.

The following provisions, namely—extend to England and Wales and Northern Ireland.

It is an offence for a person to be in possession of an extreme pornographic image.

An “extreme pornographic image” is an image which is both—

An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

So, for example, where—the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

In relation to possession of an image in England and Wales, an “extreme image” is an image which—

In relation to possession of an image in Northern Ireland, an “extreme image” is an image which—

An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—and a reasonable person looking at the image would think that any such person or animal was real.

An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—and a reasonable person looking at the image would think that the persons were real.

For the purposes of subsection (7A)—

In this section “image” means—

In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).

Proceedings for an offence under this section may not be instituted—

Section 63 does not apply to excluded images.

An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

But such an image is not an “excluded image” if—

Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—is to be disregarded.

Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

In this section—“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);“classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c. 39);“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;“extract” includes an extract consisting of a single image;“image” and “pornographic” have the same meanings as in section 63;“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).

Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).

The matters are—

In this section “extreme pornographic image” and “image” have the same meanings as in section 63.

Subsection (A2) applies where in England and Wales—

It is a defence for D to prove—

Subsection (2) applies where in Northern Ireland —

It is a defence for D to prove—

For the purposes of this section harm inflicted on a person is “non-consensual” harm if—

This section has effect where a person is guilty of an offence under section 63.

If the offence relates to an image that portrays any relevant act (with or without other acts) , the offender is liable—

If the offence relates to an image that does not portray any relevant act, the offender is liable—

In subsection (2)(a) or (3)(a) “the relevant period” means—

In this section “relevant act” means—

The Protection of Children Act 1978 (c. 37) is amended as follows.

In section 1B(1)(b) (exception for members of the Security Service)—

After section 7(4) (meaning of photograph), insert—

In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.

In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

After Article 2(2) insert—

In article 3A(1)(b) (exception for members of the Security Service)—

For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—

Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.

In paragraph 1 (offences under the law of England and Wales)—

In paragraph 2 (offences under the law of Northern Ireland)—

Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create—and makes other amendments to that Act.

Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).

This section applies where in proceedings for an offence—

The defences are—

The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.

If D claims to have held a particular belief as regards the existence of any circumstances—

But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.

In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.

In a case other than a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.

In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.

In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—

Subsections (6A) and (7) are not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).

For the purposes of this section “a householder case” is a case where—

Where—that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

Where—that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

In subsections (8A) to (8C)—“building” includes a vehicle or vessel, and“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.

This section , except so far as making different provision for householder cases, is intended to clarify the operation of the existing defences mentioned in subsection (2).

In this section—

The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.

In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.

In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.

Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.

The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.

In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.

In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—.

In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—

Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.

A violent offender order is an order made in respect of a qualifying offender which—

For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

In this Part “specified offence” means—

The following are relevant service offences—

Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).

The Secretary of State may by order—

In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).

A person is within this subsection if (whether before or after the commencement of this Part)—

This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—

A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—

In subsection (4) “relevant offence” means an act which—

An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.

Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—

If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).

A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person—if it appears to the chief officer that the conditions in subsection (2) are met.

The conditions are—

An application under this section may be made to any magistrates' court whose commission area includes—

The Secretary of State may by order make provision—

In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.

This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).

After hearing—the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.

The conditions are—

When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.

A violent offender order may not be made so as to come into force at any time when P—

But such an order may be applied for, and made, at such a time.

A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—

Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).

The Secretary of State may by order amend subsection (1).

In this section “specified” means specified in the violent offender order concerned.

A person within subsection (2) may by complaint apply to the appropriate magistrates' court—

The persons are—

The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—

On an application under this section the appropriate magistrates' court may, after hearing—make such order varying, renewing or discharging the violent offender order as the court considers appropriate. But this is subject to subsections (5) to (7).

A violent offender order may only be—if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).

References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.

The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—

This section applies where an application under section 100 (“the main application”) has not yet been determined.

An application for an order under this section (“an interim violent offender order”) may be made—

If it appears to the court—the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.

The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.

But an interim violent offender order may not be made so as to come into force at any time when the person—

An interim violent offender order—

“The appropriate time” means—

Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).

This section applies to—

A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—a reasonable time before the hearing.

In this section “the relevant person” means—as the case may be.

A person in respect of whom—has been made may appeal to the Crown Court against the making of the order.

Such a person may also appeal to the Crown Court against—

On an appeal under this section, the Crown Court—

For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.

References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—which is in force under this Part.

Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).

An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—comes into force in relation to the offender (“the relevant date”).

The “required information” is the following information about the offender—

In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

In this Part “home address” means in relation to the offender—

An offender subject to notification requirements must notify to the police—within the period of 3 days beginning with the date on which any notifiable event occurs.

A “notifiable event” means—

The “required new information” is—as the case may be.

A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

Section 108(4) applies to the determination of—as it applies to the determination of the period of 3 days mentioned in section 108(1).

In this section—

In this section “qualifying period” means—

An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.

A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.

Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

This subsection applies if the offender is—

In this section “the applicable period” means—

This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).

Nothing in this section applies to an offender who is subject to an interim violent offender order.

The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

A notification under this subsection must disclose—

A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—

An offender giving a notification under section 109(1)—may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.

Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—in order to verify the offender's identity.

In this section—“local police area”, in relation to the offender, means—the police area in England and Wales in which the home address is situated, in the absence of a home address in England and Wales, the police area in England and Wales in which the home address last notified is situated, or in the absence of such a home address and any such notification, the police area in which the court that made the violent offender order (or, as the case may be, the interim violent offender order) is situated;“photograph” includes any process by means of which an image may be produced.

If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—the person commits an offence.

If a person fails, without reasonable excuse, to comply with—the person commits an offence.

If a person notifies to the police, in purported compliance with—any information which the person knows to be false, the person commits an offence.

As regards an offence under subsection (2), so far as it relates to non-compliance with—a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

A person guilty of an offence under this section is liable—

In subsection (6)(a) “the relevant period” means—

Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

This section applies to information notified to the police under section 108(1), 109(1) or 110(1).

A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—for use for the purpose of verifying the information.

In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

This section does not authorise the doing of anything that contravenes the data protection legislation.

This section does not affect any power to supply information that exists apart from this section.

In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

In this section “relevant function” means—

A report compiled under section 114 may be supplied to a chief officer of police by—

Such a report may contain any information held—

Where such a report contains information within subsection (2), the chief officer to whom it is supplied—

Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.

This section applies to an offender subject to notification requirements who is—

The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

In this Part—“the appropriate date” has the meaning given by section 100(5);“country” includes territory;“custodial sentence” means—a sentence of imprisonment, any other sentence or order mentioned in section 222(1) of the Sentencing Code (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any enactment passed before that section came into force, or a relevant service sentence (see subsection (2) below);“home address” has the meaning given by section 108(5);“hospital order” means—an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or any other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;“interim violent offender order” means an order made under section 104;“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (c. 52);“the offender”, in relation to a violent offender order or an interim violent offender order, means the person in respect of whom the order is made;“qualifying offender” has the meaning given by section 99(1);“restriction order” means an order under section 41 of the Mental Health Act 1983 or section 65 of the Mental Health Act 1959;“service detention” has the meaning given by section 374 of the Armed Forces Act 2006;“specified offence” has the meaning given by section 98(3);“supervision order” means—a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), or a supervision and treatment order within the meaning of Schedule 2 to that Act;“violent offender order” has the meaning given by section 98(1).

The following are relevant service sentences—

References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).

References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.

The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—“detained in a hospital” (see sections 133 and 135 of that Act);“sentence of imprisonment” (see section 131 of that Act); and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.

A person commits an offence if—

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

For the purposes of this section—

In this section—“English NHS premises” means—any hospital vested in, or managed by, a relevant English NHS body, any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and the hospital grounds,“hospital grounds” means land in the vicinity of a hospital and associated with it,“NHS premises” means English NHS premises or Welsh NHS premises,“NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),“relevant English NHS body” means—a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England,... an NHS foundation trust (see section 30 of that Act),“relevant Welsh NHS body” means—a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, or a Local Health Board (see section 11 of that Act),“vehicle” includes an air ambulance,“Welsh NHS premises” means—any hospital vested in, or managed by, a relevant Welsh NHS body, any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and the hospital grounds.

If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.

If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—

Any person removing another person from NHS premises under this section may use reasonable force (if necessary).

An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—

In this section—“appropriate NHS staff member”—in relation to English NHS premises, means an English NHS staff member, and in relation to Welsh NHS premises, means a Welsh NHS staff member,“authorised officer”—in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, and in relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises,“English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),“Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).

Terms defined in section 119 have the same meaning in this section as in that section.

The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.

Such guidance may, in particular, relate to—

Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.

A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.

In this section—“appropriate national authority”—in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers,“appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120,“relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.

Terms defined in section 119 have the same meaning in this section as in that section.

Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.

In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—.

In section 26B (parenting orders: registered social landlords)—

In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

Part 1 of Schedule 22—

Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.

Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.

After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—

Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.

The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).

Condition 1 is that the person—

Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.

A person who has the right of abode in the United Kingdom may not be designated.

The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—

For the purposes of section 130 “foreign criminal” means a person who—

Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).

Condition 2 is that—

Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).

Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.

Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.

A designated person does not have leave to enter or remain in the United Kingdom.

For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—

Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.

A designated person—

Sections 134 and 135 make provision about support for designated persons and their dependants.

The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.

A condition may relate to—

If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.

Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.

Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.

A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.

A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—

A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) section 24 of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.

In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.

But the following provisions of that Part shall not apply—

Support may be provided under section 95 of the 1999 Act as applied by this section—

Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.

Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.

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

A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—

A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.

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

Any ... instrument under Part VI of the 1999 Act—

In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.

The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).

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

Designation lapses if the designated person—

After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.

Exception 1 is that, if designation lapses under subsection (1)(a) ..., support may be provided in respect of a period which—

Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—

This section applies to sections 130 to 136.

A reference to a designated person is a reference to a person designated under section 130.

“Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).

“Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.

“The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

“Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

A voucher is not cash.

A reference to a pending appeal has the meaning given by section 104(1) of that Act.

A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.

Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.

In subsection (1), for paragraph (a) substitute—.

After subsection (1) insert—

In subsection (4), after paragraph (a) insert—.

In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—.

After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.

In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—

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

In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—

Section 84 of that Act (notification requirements: changes) is amended as follows.

In subsection (1)—

In subsection (2) after “home address” insert “ or the prescribed change of circumstances ”.

After subsection (5) insert—

Section 85 of that Act (notification requirements: periodic notification) is amended as follows.

In subsection (1), for “the period of one year” substitute “ the applicable period ”.

In subsection (3), for “the period referred to in subsection (1)” substitute “ the applicable period ”.

After subsection (4) insert—

In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “ any of sections 83 to 86 or section 130 ”.

This section extends to England and Wales and Northern Ireland only.

The Children and Young Persons Act 1933 (c. 12) is amended as follows.

After section 12 insert—

In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

After section 55 of the Data Protection Act 1998 (c. 29) insert—

In section 67 of that Act (orders, regulations, rules)—

Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.

Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Any orders or regulations falling within subsection (1) or (1A) —

Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (3) does not apply to—

A statutory instrument containing (whether alone or with other provision)—may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

An order under section 153(5)(b) is to be made by statutory instrument.

An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Schedule 26 contains minor and consequential amendments.

Schedule 27 contains transitory, transitional and saving provisions.

The Secretary of State may by order make—as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

An order under subsection (3) may, in particular—

Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.

The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.

In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

Subsection (2) does not apply to any amendments made by Part 1.

In this section “service law” means—

Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.

The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

The following provisions of this Act extend to England and Wales and Northern Ireland—

The following provisions of this Act extend to Northern Ireland only—

Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

The following amendments and repeals also extend to the Channel Islands and the Isle of Man—

In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.

In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—

Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).

The following provisions of this Act come into force on the day on which this Act is passed—

The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—

Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.

The following provisions come into force on such day as the Lord Chancellor may by order appoint—

Sections 119 to 121 come into force—

Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

An order under any of subsections (4) to (7) may—

Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.

In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

After subsection (7A) insert—

Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.

In subsection (2), for paragraphs (c) and (d) substitute—

In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

In subsection (13), omit paragraph (c)(i).

Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.

In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

Section 32 (detention of absentees) is amended as follows.

In subsection (1A)—

For subsection (1C) substitute—

After subsection (1C) insert—

In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

In subsection (2B)—

In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

In subsection (4), after “(1A)” insert “ , (1D) ”.

Paragraph 7 (transfer to England and Wales) is amended as follows.

In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

In sub-paragraph (2)(b)—

In sub-paragraph (3)—

After sub-paragraph (3) insert—

Paragraph 9 (general provision) is amended as follows.

In sub-paragraph (3)—

In sub-paragraph (4)(a)—

In sub-paragraph (5)—

In sub-paragraph (6)—

Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.

In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

After subsection (3B) insert—

Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.

In subsection (2)(c)—

After subsection (2) insert—

Part 3 of Schedule 3 (education supervision orders) is amended as follows.

In paragraph 13(2), for paragraph (c) substitute—.

In paragraph 14—

Paragraph 10 is amended as follows.

In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute, and

In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute.

Paragraph 11 is amended as follows.

In sub-paragraph (2)—

After that sub-paragraph insert—

In sub-paragraph (3)—

In sub-paragraph (4)—

In sub-paragraph (5)—

In sub-paragraph (8)—

Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

In subsection (1A)—

In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

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

In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—.

In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

In its application to a youth default order, paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.

Sub-paragraph (3) has effect as if—

In its application to a youth default order, paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.

That paragraph has effect as if after sub-paragraph (4) there were inserted—.

In its application to a youth default order, Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.

Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.

Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.

Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.

The following provisions are omitted—

In its application to a youth default order, Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.

Paragraph 15 has effect as if, after sub-paragraph (2) there were inserted—

Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.

For the heading substitute “ Power to re-sentence where appellant remains convicted of related offences ”.

For subsection (1) substitute—

In subsection (2)—

In subsection (3)—

After subsection (3) insert—