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Section 132.

SCHEDULE 11 Administration of the Probation Service Etc.

Amendments of Schedule 3 to Powers of Criminal Courts Act 1973

1 Schedule 3 to the [1973 c. 62.] Powers of Criminal Courts Act 1973 shall be amended as follows.

2 In paragraph 4—

(a) in sub-paragraph (1), for the word “For” there shall be substituted the words “Subject to sub-paragraph (1A) below, for”;

(b) the following sub-paragraph shall be inserted after that sub-paragraph—

“(1A) Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.”; and

(c) the following sub-paragraph shall be inserted after sub-paragraph (3)—

“(4) A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.”.

3 The following paragraphs shall be inserted after paragraph 6—

“6A Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.

6B (1) The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.

(2) An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.

(3) Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—

(a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorities are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;

(b) may provide for the procedure for co-opting persons to be followed by a committee;

(c) may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and

(d) may disqualify persons of specified descriptions from being co-opted.

(4) An order under this paragraph may make different provision for different committees.”.

4 Paragraph 7 shall cease to have effect.

5 The following paragraph shall be substituted for paragraph 10(3)(a)—

“(a) to appoint staff;”.

6 The following paragraph shall be inserted after paragraph 18(1)(a)—

“(aa) limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;”.

Amendment of Local Government Finance Act 1982

8 In paragraph (1) of section 12(2) of the [1982 c. 32.] Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word “committee” there shall be inserted the words “, except the committee for the inner London area.”.

Section 133.

SCHEDULE 12 Assessors of Compensation for Miscarriages of Justice

1 A person may only be appointed to be an assessor for the purposes of section 133 above if he is—

(a) a barrister practising in England and Wales or Northern Ireland;

(b) an advocate practising in Scotland;

(c) a solicitor practising in any part of the United Kingdom;

(d) a person who holds or has held judicial office in any part of the United Kingdom; or

(e) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3 A person shall vacate office as an assessor—

(a) if he ceases to be qualified for appointment as an assessor; or

(b) on attaining the age of 72;

unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.

4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.

5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

(a) he has been convicted of a criminal offence;

(b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;

(c) he is incapacitated by physical or mental illness; or

(d) he is otherwise unable or unfit to perform his duties.

6 The power conferred by paragraph 5 above shall only be exercisable—

(a) in the case of a person who practises or has practised as a barrister or solicitor in England and Wales or Northern Ireland or who holds or has held judicial office in any of those parts of the United Kingdom, with the consent of the Lord Chancellor; and

(b) in the case of a person who practises or has practised as an advocate or solicitor in Scotland or who holds or has held judicial office there, with the consent of the Lord President of the Court of Session.

7 An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.