Powers of Criminal Courts Act 1973
1973 c. 62
An Act to consolidate certain enactments relating to the powers of courts to deal with offenders and defaulters, to the treatment of offenders and to arrangements for persons on bail.
Power to apply Act conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(3)(b)(i), Sch. 8 para. 16
Act applied (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. III, para. 11(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1, it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references, in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts
Act modified (1.1.1998 so far as relating to community service orders) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art. 3(a).
Part I Powers of Courts to Deal with Offenders C45
Pt. I (ss. 1-46) modified (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 11 (1)(3), 101(1), Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
Preliminary
1 Deferment of sentence.
1
Subject to the provisions of this section, the Crown Court or a magistrates’ court may defer passing sentence on an offender for the purpose of enabling the court F1or any other court to which it falls to deal with him to have regard, in dealing with him, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.
2
Any deferment under this section shall be until such date as may be specified by the court, not being more than six months after the date F2on which the deferment is announced by the court; and F3,subject to subsection (8A) below, where the passing of sentence has been deferred under this section it shall not be further deferred thereunder.
3
The power conferred by this section shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.
4
A court which under this section has deferred passing sentence on an offender may F4deal with him before the expiration of the period of deferment if during that period he is convicted in Great Britain of any offence.
F54A
If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence ("the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, F6deal with him for the first-mentioned offence or offences:
Provided that—
a
the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and
b
the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.
5
Where a court which under this section has deferred passing sentence on an offender proposes to F7deal with him, whether on the date originally specified by the court or by virtue of subsection (4) above before that date, F2or where the offender does not appear on the date specified, the court may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.
F86
It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is conferred by F9section 10(1) of the Magistrates’ Courts Act 1980, and that accordingly F9sections 11(1) and 13(1), (2) and (5) of that Act (non-appearance of the accused) F10apply (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.
6A
Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.
7
Nothing in this section shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this section.
F118
The power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred thereunder—
a
includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him; and
b
without prejudice to the generality of the foregoing, in the case of a magistrates’ court, includes the power conferred by sec-tion 37 or 38 of the Magistrates’ Courts Act 1980 to commit him to the Crown Court for sentence.
8A
Where, in a case where the passing of sentence on an offender in respect of one or more offences has been deferred under this section, a magistrates’ court deals with him by committing him to the Crown Court under section 37 or 38 of the Act of 1980, the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.
F165Discharge
Cross-heading preceding ss. 1A-1C inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53), ss. 8(3)(a), 9(2), 101(2), Sch. 1 Pt. I, Sch. 12 paras. 1, 2 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
C46F156C471A Absolute and conditional discharge.
C481
Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law F157or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—
a
discharging him absolutely; or
C49b
if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified in the order.
F1581A
Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings).
2
An order discharging a person subject to such a condition is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.
C503
Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.
4
Where, under the following provisions of this Part of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.
5
The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
F1591B Commission of further offence by person conditionally discharged.
1
If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that a person in whose case an order for conditional discharge has been made—
a
has been convicted by a court in any part of Great Britain of an offence committed during the period of conditional discharge; and
b
has been dealt with in respect of that offence,
that court or justice may, subject to subsection (3) below, issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest.
2
Jurisdiction for the purposes of subsection (1) above may be exercised—
a
if the order for conditional discharge was made by the Crown Court, by that court;
b
if the order was made by a magistrates’ court, by a justice acting for the petty sessions area for which that court acts.
3
A justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
4
A summons or warrant issued under this section shall direct the person to whom it relates to appear or to be brought before the court by which the order for conditional discharge was made.
5
If a person in whose case an order for conditional discharge has been made by the Crown Court is convicted by a magistrates’ court of an offence committed during the period of conditional discharge, the magistrates’ court—
a
may commit him to custody or release him on bail until he can be brought or appear before the Crown Court; and
b
if it does so, shall send to the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the clerk of the court by whom the register is kept.
6
Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with him, for the offence for which the order was made, in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.
7
If a person in whose case an order for conditional discharge has been made by a magistrates’ court—
a
is convicted before the Crown Court of an offence committed during the period of conditional discharge; or
b
is dealt with by the Crown Court for any such offence in respect of which he was committed for sentence to the Crown Court,
the Crown Court may deal with him, for the offence for which the order was made, in any manner in which the magistrates’ court could deal with him if it had just convicted him of that offence.
8
If a person in whose case an order for conditional discharge has been made by a magistrates’ court is convicted by another magistrates’ court of any offence committed during the period of conditional discharge, that other court may, with the consent of the court which made the order, deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if it had just convicted him of that offence.
C519
Where an order for conditional discharge has been made by a magistrates’ court in the case of an offender under eighteen years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (6), (7) or (8) above by that or any other court in respect of the offender after he has attained the age of eighteen years shall be F160powers to do either or both of the following—
a
to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;
b
to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.
F16110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C52F162C531C Effect of discharge.
C541
Subject to subsection (2) below and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980, a conviction of an offence for which an order is made under this Part of this Act discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than—
a
F164b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where the offender was of or over eighteen years of age at the time of his conviction of the offence in question and is subsequently sentenced under this Part of this Act for that offence, subsection (1) above shall cease to apply to the conviction.
3
Without prejudice to the preceding provisions of this section, the conviction of an offender who is discharged absolutely or conditionally under this Part of this Act shall in any event be disregarded for the purposes of any enactment or instrument which—
a
imposes any disqualification or disability upon convicted persons; or
b
authorises or requires the imposition of any such disqualification or disability.
4
The preceding provisions of this section shall not affect—
a
any right of any offender discharged absolutely or conditionally under this Part of this Act to rely on his conviction in bar of any subsequent proceedings for the same offence; or
b
the restoration of any property in consequence of the conviction of any such offender; or
c
the operation, in relation to any such offender, of any enactment or instrument in force at the commencement of this Act which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.
5
In this section “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.
F33 Probation
S. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(1), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
C4C5C6F122 Probation orders.
1
Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law F13or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of the opinion that the supervision of the offender F14. . . is desirable in the interests of—
a
securing the rehabilitation of the offender; or
b
protecting the public from harm from him or preventing the commission by him of further offences,
2
A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of
F17a
a probation officer appointed for or assigned to that area; or
b
where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order.
F182A
The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.
C73
Before making a probation order, the court shall explain to the offender in ordinary language—
a
the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);
b
the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and
c
that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
F19. . .
4
The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—
a
to the offender;
b
to F20the person responsible for the offender’s supervision; and
c
to the person in charge of any institution in which the offender is required by the order to reside.
F214A
In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team.
5
The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—
a
a copy of the order; and
b
such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
6
7
The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.
8
An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.
F233 Additional requirements which may be included in such orders.
1
Subject to subsection (2) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
a
securing the rehabilitation of the offender; or
b
protecting the public from harm from him or preventing the commission by him of further offences.
2
Without prejudice to the power of the court under section 35 of this Act to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.
3
Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1A to this Act.
4F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4AF25 Requirements in probation orders.
1
Without prejudice to the generality of section 2(3) above, the power conferred by that subsection includes power, subject to the provisions of this section, to require the probationer—
a
to present himself to a person or persons specified in the order at a place or places so specified;
b
to participate or refrain from participating in activities specified in the order—
i
on a day or days so specified; or
ii
during the probation period or such portion of it as may be so specified.
2
A court shall not include in a probation order a requirement such as is mentioned in subsection (1) above unless it has first consulted a probation officer as to—
a
the offender’s circumstances; and
b
the feasibility of securing compliance with the requirements, and is satisfied, having regard to the probation officer’s report, that it is feasible to secure compliance with them.
3
A court shall not include a requirement such as is mentioned in subsection (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the probationer and the probation officer responsible for his supervision unless that other person consents to its inclusion.
4
A requirement such as is mentioned in subsection (1)(a) above shall operate to require the probationer—
a
in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place for not more than 60 days; and
b
while there, to comply with instructions given by, or under the authority of, the person in charge of the place.
5
A place specified in the order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.
6
A requirement to participate in activities shall operate to require the probationer—
a
in accordance with instructions given by the probation officer responsible for his supervision, to participate in the activities for not more than 60 days; and
b
while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.
7
Instructions given by a probation officer under subsection (4) or (6) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends or other educational establishment.
4BF26 Probation orders requiring attendance at day centre. C8
1
Without prejudice to the generality of sections 2(3) and 4A above, the power conferred by section 2(3) above includes power, subject to the provisions of this section, to require the probationer during the probation period to attend at a day centre specified in the order.
2
A court shall not include such a requirement in a probation order unless—
a
it has consulted a probation officer; and
b
it is satisfied—
i
that arrangements can be made for the probationer’s attendance at a centre; and
ii
that the person in charge of the centre consents to the inclusion of the requirement.
3
A requirement under subection (1) above shall operate to require the probationer—
a
in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and
b
while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.
4
Instructions given by a probation officer under subsection (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.
5
References in this section to attendance at a day centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.
C96
In this section “day centre” means premises at which non-residential facilities are provided for use in connection with the rehabilition of offenders and which—
a
are provided by a probation committee; or
b
have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.
F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F308. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Probation and discharge
Heading inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(3)(d), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F3511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Supplementary provision as to probation and discharge.
1
Any court may, on making a probation order or an order for conditional discharge under this Part of this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender.
F362
Where an order for conditional discharge has been made on appeal, for the purposes of this Act it shall be deemed—
a
if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
b
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.
3
In proceedings before the Crown Court under the preceding provisions of this Act, F37any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge shall be determined by the court and not by the verdict of a jury.
F384
Nothing in section 1A of this Act shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of any offence, from making an order for costs against the offender or imposing any disqualification on him or from making in respect of the offence an order under section 35 or 43 of this Act or section 28 of the M1Theft Act 1968.
F3913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community service orders
C1014 Community service orders in respect of convicted persons
C111
Where a person of or over F40sixteen years of age is convicted of an offence punishable with imprisonment F41(not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the M2Crime (Sentences) Act 1997), the court by or before which he is convicted may, F42. . . (but subject to subsection (2) below) make an order (in this Act referred to as “a community service order”) requiring him to perform unpaid work in accordance with the subsequent provisions of this Act . . . F43.
The reference in this subsection to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders F41; and for the purposes of this subsection a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the M3Crime (Sentences) Act 1997 if it is required by that provision and the court is not of the opinion there mentioned.
F44C121A
The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—
C13a
not less than 40; and
F45b
not more than 240.
F46C12C132
A court shall not make a community service order in respect of any offender unless F47. . . the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.
2A
Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.
C143
Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum F48specified in paragraph (b) F49. . . of subsection (1A) above,.
C154
A community service order shall specify the petty sessions area in which the offender resides or will reside; and the functions conferred by the subsequent provisions of this Act on the relevant officer shall be discharged by
F50a
a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the M4Criminal Justice Act 1991);
b
a person appointed for the purposes of those provisions by the probation committee for that area; or
c
in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).
F514A
The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.
C165
Before making a community service order the court shall explain to the offender in ordinary language—
a
the purpose and effect of the order (and in particular the requirements of the order as specified in section 15 of this Act);
b
the consequences which may follow under F52Part II of Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of those requirements; and
c
that the court has under F53Parts III and IV of that Schedule t he power to review the order on the application either of the offender or of a probation officer.
6
The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.
7
F568
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F579
In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team.
15 Obligations of person subject to community service order. C17
1
An offender in respect of whom a community service order is in force shall—
F58a
keep in touch with the relevant officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address;
b
perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.
C182
Subject to F59paragraph 15 of Schedule 2 to the Criminal Justice Act 1991, the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order F60; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.
F613
The instructions given by the relevant officer under this section shall, as far as practicable, be such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M5Criminal Justice Act 1991) to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
F6216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64 Community service orders relating to persons residing in Scotland or Northern Ireland
Ss. 17A–17C inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 68, Sch. 13
F6517A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6617B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6717C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imprisonment, Borstal training and detention: general provisions
18 General power of Crown Court to impose sentence of imprisonment on conviction on indictment.
1
Where a person is convicted on indictment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment, but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
19F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7120A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Restriction on imposing sentences of imprisonment, Borstal training or detention on persons not legally represented.
1
A magistrates’ court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not pass a sentence of imprisonment, F72. . . on a person who is not legally represented in that court and has not been previously sentenced to that punishment by a court in any part of the United Kingdom, unless either—
a
he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
b
having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.
2
For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced, and in subsection (1)(a) and (b) above “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial, F73or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court F74which committed or sent him.
3
For the purposes of this section—
a
a previous sentence of imprisonment which has been suspended and which has not taken effect under section 23 of this Act or under section 19 of the M6Treatment of Offenders Act (Northern Ireland) 1968 shall be disregarded;
b
“sentence of imprisonment” does not include a committal or attachment for contempt of court F75or any kindred offence; and
F76c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspended sentences of imprisonment
22 Suspended sentences of imprisonment.
1
Subject to subsection (2) below, a court which passes a sentence of imprisonment for a term of not more than two years for an offence may order that the sentence shall not take effect unless, during a period specified in the order, being not less than one year or more than two years from the date of the order, the offender commits in Great Britain another offence punishable with imprisonment and thereafter a court having power to do so orders under section 23 of this Act that the original sentence shall take effect; and in this Part of this Act “operational period”, in relation to a suspended sentence, means the period so specified.
F772
A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—
a
that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and
b
that the exercise of that power can be justified by the exceptional circumstances of the case.
2A
A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.
3
A court which passes a suspended sentence on any person for an offence shall not F78impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court F79; and in this subsection “community sentence” has the same meaning as in Part I of the M7Criminal Justice Act 1991..
4
On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under section 23 of this Act if during the operational period he commits an offence punishable with imprisonment.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
6
Subject to any provision to the contrary contained in the M8Criminal Justice Act 1967, this Act or any enactment passed or instrument made under any enactment after 31st December 1967—
a
a suspended sentence which has not taken effect under section 23 of this Act shall be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office, or forfeiture of pensions, of persons sentenced to imprisonment; and
b
where a suspended sentence has taken effect under that section, the offender shall be treated for the purposes of the enactments and instruments excepted by paragraph (a) above as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under that section expires or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.
C2023 Power of court on conviction of further offence to deal with suspended sentence. C19
1
Where an offender is convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and either he is so convicted by or before a court having power under section 24 of this Act to deal with him in respect of the suspended sentence or he subsequently appears or is brought before such a court, then, unless the sentence has already taken effect, that court shall consider his case and deal with him by one of the following methods:—
a
the court may order that the suspended sentence shall take effect with the original term unaltered;
b
it may order that the sentence shall take effect with the substitution of a lesser term for the original term;
c
it may by order vary the original order under section 22(1) of this Act by substituting for the period specified therein a period expiring not later than two years from the date of the variation; or
d
it may make no order with respect to the suspended sentence;
and a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances . . . F81, including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.
2
Where a court orders that a suspended sentence shall take effect, with or without any variation of the original term, the court may order that that sentence shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment passed on the offender by that or another court.
F822A
The power to make an order under subsection (2) above has effect subject to section 102 of the Crime and Disorder Act 1998.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
6
In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Crown Court any question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence shall be determined by the court and not by the verdict of a jury.
7
Where a court deals with an offender under this section in respect of a suspended sentence the appropriate officer of the court shall notify the appropriate officer of the court which passed the sentence of the method adopted.
8
Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, the appropriate officer of the court shall record that fact.
9
For the purposes of any enactment conferring rights of appeal in criminal cases any order made by a court with respect to a suspended sentence shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.
24 Court by which suspended sentence may be dealt with.
1
An offender may be dealt with in respect of a suspended sentence by the Crown Court or, where the sentence was passed by a magistrates’ court, by any magistrates’ court before which he appears or is brought.
2
Where an offender is convicted by a magistrates’ court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Crown Court—
a
the court may, if it thinks fit, commit him in custody or on bail to the Crown Court; and
b
if it does not, shall give written notice of the conviction to the appropriate officer of the Crown Court.
3
For the purposes of this section and of section 25 of this Act a suspended sentence passed on an offender on appeal shall be treated as having been passed by the court by which he was originally sentenced.
25 Procedure where court convicting of further offence does not deal with suspended sentence.
1
If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, that court or justice may, subject to the following provisions of this section, issue a summons requiring the offender to appear at the place and time specified therein, or a warrant for his arrest.
2
Jurisdiction for the purposes of subsection (1) above may be exercised—
a
if the suspended sentence was passed by the Crown Court, by that court;
b
if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.
3
Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales, the court shall give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.
4
Unless he is acting in consequence of a notice under subsection (3) above, a justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
5
A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence was passed.
26 Suspended sentence supervision orders.
1
Where a court passes on an offender a suspended sentence for a term of more than six months for a single offence, the court may make a suspended sentence supervision order (in this Act referred to as “a supervision order”) placing the offender under the supervision of a supervising officer for a period specified in the order, being a period not exceeding the operational period of the suspended sentence.
2
The Secretary of State may by order—
a
direct that subsection (1) above be amended by substituting, for the number of months specified in the subsection as originally enacted or as previously amended under this paragraph, such other number (not more than six) as the order may specify; or
b
make in that subsection the repeals necessary to enable a court to make a supervision order thereunder in the case of any suspended sentence, whatever the length of the term.
3
A supervision order shall specify the petty sessions area in which the offender resides or will reside; and the supervising officer shall be a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of subsection (6) below).
4
An offender in respect of whom a supervision order is in force shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
5
The court by which a supervision order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy to the offender and the supervising officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.
6
If a magistrates’ court acting for the petty sessions area for the time being specified in a supervision order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area, the court may, and on the application of the supervising officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.
7
Where a supervision order is amended by a court under subsection (6) above the court shall send to the clerk to the justices for the new area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.
8
A supervision order shall cease to have effect if before the end of the period specified in it—
a
a court orders under section 23 of this Act that a suspended sentence passed in the proceedings in which the order was made shall have effect; or
b
the order is discharged or replaced under the subsequent provisions of this section.
9
A supervision order may be discharged, on the application of the supervising officer or the offender—
a
if it was made by the Crown Court and includes a direction reserving the power of discharging it to that court, by the Crown Court;
b
in any other case by a magistrates’ court acting for the petty sessions area for the time being specified in the order.
10
Where under section 23 of this Act a court deals with an offender in respect of a suspended sentence by varying the operational period of the sentence or by making no order with respect to the sentence, the court may make a supervision order in respect of the offender—
a
in place of any such order made when the suspended sentence was passed; or
b
if the court which passed the sentence could have made such an order but did not do so; or
c
if that court could not then have made such an order but would have had power to do so if subsection (1) above had then had effect as it has effect at the time when the offender is dealt with under section 23.
11
On making a supervision order the court shall in ordinary language explain its effect to the offender.
27 Breach of requirement of suspended sentence supervision order.
1
If at any time while a supervision order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area for the time being specified in the order that the offender has failed to comply with any of the requirements of section 26(4) of this Act, the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest.
2
Any summons or warrant issued under this section shall direct the offender to appear or be brought before a magistrates’ court acting for the petty sessions area for the time being specified in the supervision order.
C21C223
If it is proved to the satisfaction of the court before which an offender appears or is brought under this section that he has failed without reasonable cause to comply with any of the requirements of section 26(4) the court may, without prejudice to the continuance of the order, impose on him a fine not exceeding F84£1000.
F854
A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
Powers relating to persistent offenders
F8628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87E229F87Supplementary provisions as to persistent offenders.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F873
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F874
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F875
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F886
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
A person sentenced to an extended term of imprisonment under section 28 of this Act and transferred under section 26 of the M9Criminal Justice Act 1961 to Scotland or Northern Ireland shall, notwithstanding anything in section 26(4) (treatment of prisoners so transferred) be treated as if an extended sentence certificate had not been issued in respect of him.
Crown Court fines, etc.
30 General power of Crown Court to fine offender convicted on indictment.
1
Where a person is convicted on indictment of any offence other than an offence for which the sentence is fixed by law F89or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997, the court, if not precluded from sentencing the offender by its exercise of some other power F90. . ., may impose a fine in lieu of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment . . . F91 requiring the offender to be dealt with in a particular way.
F922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2331 Powers, etc., of Crown Court in relation to fines and forfeited recognizances.
C24C251
Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court may make an order—
a
allowing time for the payment of the amount of the fine or the amount due under the recognizance;
b
directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order;
c
in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder.
F93C26C25C272
Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court shall make an order fixing a term of imprisonment or of detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.
C26C253
No person shall on the occasion when a fine is imposed on him or his recognizance is forfeited by the Crown Court be committed to prison or detained in pursuance of an order under subsection (2) above unless—
a
in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;
b
it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or
c
on the occasion when the order is made the court sentences him to immediate imprisonment, custody for life, youth custody or detention in a detention centre for that or another offence, or sentences him as aforesaid for an offence in addition to forfeiting his recognizance, or he is already serving a sentence of custody for life or a term—
i
of imprisonment;
ii
of youth custody;
iii
of detention in a detention centre; or
iv
of detention under section 9 of the Criminal Justice Act 1982.
C28C29C30C253A
F94. . .the periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention under subsection (2) above applicable respectively to the amounts set out opposite thereto.
F96An amount not exceeding £200 | F967 days |
F96 An amount exceeding £200 but not exceeding £ 500 | F9614 days |
F96An amount exceeding £500 but not exceeding £1000 | F9628 days |
F96An amount exceeding £1000 but not exceeding £2,500 | F9645 days |
F96An amount exceeding £2,500 but not exceeding £5,000 | F963 months |
An amount exceeding £2,000 but not exceeding £5,000 | 3 months |
An amount exceeding £5,000 but not exceeding £10,000 | 6 months |
An amount exceeding £10,000 but not exceeding £20,000 | 12 months |
An amount exceeding £20,000 but not exceeding £50,000 | 18 months |
An amount exceeding £50,000 but not exceeding £100,000 | 2 years |
An amount exceeding £100,000 but not exceeding £250,000 | 3 years |
An amount exceeding £250,000 but not exceeding £1 million | 5 years |
An amount exceeding £1 million | 10 years |
F973B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F973C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment of youth custody or a term of detention under section F98. . . 9 of the Criminal Justice Act 1982, the court may order that any term of imprisonment or detention fixed under subsection (2) above shall not begin to run until after the end of the first-mentioned term.
5
The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other Act relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.
6
F1017
Any term fixed under subsection (2) above as respects a fine imposed in pursuance of such an enactment, that is to say a fine which the magistrates’ court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates’ court) under section 149(1) of the Customs and Excise Management Act 1979.
8
This section shall not apply to a fine imposed by the Crown Court on appeal against a decision of a magistrates’ court, but subsections F102(2) to (3A) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references to the Crown Court in subsections (2) and (3) above shall be construed accordingly.
32 Enforcement, etc., of fines imposed and recognizances forfeited by Crown Court. C31
C32C331
Subject to the provisions of subsection (4) below, a fine imposed or a recognizance forfeited by the Crown Court after 31st December 1967 shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited—
a
by a magistrates’ court specified in an order made by the Crown Court; or
b
if no such order is made, by the magistrates’ court by which the offender was committed to the Crown Court to be tried or dealt with F103, or by which he was sent to other Court for trial under section 51 of the Criminal Disorder Act 1998;
and in the case of a fine as having been so imposed on conviction by the magistrates’ court in question.
C34C332
The term of imprisonment F104or detention under section 9 of the Criminal Justice Act 1982 specified in any warrant of commitment issued by a magistrates’ court on a default in the payment of a fine imposed, or sum due under a recognizance forfeited, by the Crown Court as the term which the offender is liable to serve shall be the term fixed by the latter court under section 31(2) of this Act or, if that term has been reduced under F105section 79(2) of the Magistrates’ Courts Act 1980 (part payment) or F105F106section 85(2) of that Act (remission) that term as so reduced, notwithstanding that that term exceeds the period applicable to the case under . . . F107 . . . F108F109section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of fines, etc.).
3
The preceding provisions of this section shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references in those provisions to the Crown Court F110(except the reference in subsection (1)(b) above) shall be construed accordingly.
F1114
A magistrates’ court shall not, under section 85(1) or 120 of the M10Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a fine imposed by, or sum due under a recognizance forfeited by—
a
the Crown Court,
b
the criminal division of the Court of Appeal, or
c
the House of Lords on appeal from that division,
without the consent of the Crown Court.
F1125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Any fine or other sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of the F113Justices of the Peace Act 1997 and, in particular, section 60 of that Act (application of fines and fees) as having been imposed by a magistrates’ court, or as being due under a recognizance forfeited by such a court.
33F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
Where the Crown Court makes any such order as is mentioned in Part I of Schedule 9 to the M11Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—
a
allow time for the payment of the sum due under the order;
b
direct payment of that sum by instalments of such amounts and on such dates respectively as the court may specify.
34AF115 Power of Crown Court to order search of persons before it.
1
Where—
a
the Crown Court imposes a fine on a person or forfeits his recognizance;
b
the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the M12Administration of Justice Act 1970 (orders for the payment of costs);
c
the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) . . . F116 or
F117cc
the Crown Court makes an order against a person under section 35 of this Act;
d
on the determination of an appeal brought by a person under section 83 of the M13Magistrates’ Courts Act 1952 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,
then, if that person is before it, the Crown Court may order him to be searched.
2
Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.
Compensation orders
35 Compensation orders against convicted persons.
F118C351
Subject to the provisions of this Part of this Act and to section 40 of the Magistrates’ Courts Act 1980 (which imposes a monetary limit on the powers of a magistrates’ court under this section), a court by or before which a person is convicted of an offence, instead of or in addition to dealing with him in any other way, may, on application or otherwise, make an order (in this Act referred to as “a compensation order") requiring him to pay compensation for any personal injury, loss or damage resulting from that offence or any other offence which is taken into consideration by the court in determining sentence F119or to make payments for funeral expenses or bereavement in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a motor vehicle on a road; and a court shall give reasons, on passing sentence, if it does not make such an order in a case where this section empowers it to do so.
1A
Compensation under subsection (1) above shall be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the accused or the prosecutor.
2
In the case of an offence under the M14Theft Act 1968, where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of subsection (1) above as having resulted from the offence, however and by whomsoever the damage was caused.
F1203
A compensation order may only be made in respect of injury, loss or damage (other than loss suffered by a person’s dependants in consequence of his death) which was due to an accident arising out of the presence of a motor vehicle on a road, if—
a
it is in respect of damage which is treated by subsection (2) above as resulting from an offence under the M15 Theft Act 1968; or
b
it is in respect of injury, loss or damage as respects which—
i
the offender is uninsured in relation to the use of the vehicle; and
ii
compensation is not payable under any arrangements to which the Secretary of State is a party;
and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.
3A
A vehicle the use of which is exempted from insurance by section 144 of the M16Road Traffic Act 1972 is not uninsured for the purposes of subsection (3) above.
3B
A compensation order in respect of funeral expenses may be made for the benefit of anyone who incurred the expenses.
3C
A compensation order in respect of bereavement may only be made for the benefit of a person for whose benefit a claim for damages for bereavement could be made under section 1A of the M17Fatal Accidents Act 1976.
3D
The amount of compensation in respect of bereavement shall not exceed the amount for the time being specified in section 1A(3) of the Fatal Accidents Act 1976.
F1214
In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—
b
in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender’s means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)
F122C384A
Where the court considers—
a
that it would be appropriate both to impose a fine and to make a compensation order; but
b
that the offender has insufficient means to pay both an appropriate fine and appropriate compensation,
the court shall give preference to compensation (though it may impose a fine as well).
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
36F124 Enforcement and appeals.
1
A person in whose favour a compensation order is made shall not be entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
2
Rules under section 144 of the M181980 Magistrates’ Courts Act may make provision regarding the way in which the magistrates’ court for the time being having functions (by virtue of section 41(1) of the M19Administration of Justice Act 1970) in relation to the enforcement of a compensation order is to deal with money paid in satisfaction of the order where the entitlement of the person in whose favour it was made is suspended.
3
The Court of Appeal may by order annul or vary any compensation order made by the court of trial, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as varied.
4
Where the House of Lords restores a conviction, it may make any compensation order which the court of trial could have made.
5
Where a compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—
a
the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;
b
he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.
F12537 Review of compensation orders.
At any time before the person against whom a compensation order has been made has paid into court the whole of the compensation which the order requires him to pay, but at a time when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, the magistrates’ court for the time being having functions in relation to the enforcement of the order may, on the application of the person against whom it was made, discharge the order, or reduce the amount which remains to be paid, if it appears to the court—
a
that the injury, loss or damage in respect of which the order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order; or
b
in the case of an order in respect of the loss of any property, that the property has been recovered by the person in whose favour the order was made; or
c
that the means of the person against whom the order was made are insufficient to satisfy in full both the order and a confiscation order under Part VI of the Criminal Justice Act 1988 made against him in the same proceedings; or
d
that the person against whom the order was made has suffered a substantial reduction in his means which was unexpected at the time when the compensation order was made, and that his means seem unlikely to increase for a considerable period;
but where the order was made by the Crown Court, a magistrates’ court shall not exercise any power conferred by this section in a case where it is satisfied as mentioned in paragraph (c) or (d) above unless it has first obtained the consent of the Crown Court.
F12638 Effect of compensation order on subsequent award of damages in civil proceedings.
1
This section shall have effect where a compensation order F127or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.
2
The damages in the civil proceedings shall be assessed without regard to the order F128or award; but the plaintiff may only recover an amount equal to the aggregate of the following—
a
any amount by which they exceed the compensation; and
b
a sum equal to any portion of the compensation which he fails to recover,
and may not enforce the judgment, so far as it relates to a sum such as is mentioned in paragraph (b) above, without the leave of the court.
F1293
In this section a “service compensation order or award” means—
a
an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or
b
an award of stoppages payable by way of compensation under any of those Acts.
Criminal bankruptcy orders
F13039. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Powers
C3942 Power of Crown Court on committal for sentence.
Where an offender is committed by a magistrates’ court for sentence under F133section 38 F134or 38A of the Magistrates’ Courts Act 1980. . ., the Crown Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment before the court.
F1352
Where an offender is committed by a magistrates’ court for sentence under section 37 of the Magistrates’ Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power—
a
F136. . ., to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment; or
b
to deal with him in any manner in which the magistrates’ court might have dealt with him.
C41C42C43C4443 Power to deprive offender of property used, or intended for use, for purposes of crime. C40
F1371
Subject to the following provisions of this section, where a person is convicted of an offence and—
a
the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued—
i
has been used for the purpose of committing, or facilitating the commission of, any offence; or
ii
was intended by him to be used for that purpose; or
b
the offence, or an offence which the court has taken into consideration in determining his sentence, consists of unlawful possession of property which—
i
has been lawfully seized from him; or
ii
was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,
the court may make an order under this section in respect of that property, and may do so whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in an enactment contained in an Act passed before the Criminal Justice Act 1988.
1A
In considering whether to make such an order in respect of any property a court shall have regard—
a
to the value of the property; and
b
to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
F1381B
Where a person commits an offence to which this subsection applies by—
a
driving, attempting to drive, or being in charge of a vehicle, or
b
failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or
c
failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),
the vehicle shall be regarded for the purposes of subsection (1)(a) above (and subsection (4)(b) below) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).
(1C) Subsection (1B) above applies to—
a
an offence under the Road Traffic Act 1988 which is punishable with imprisonment,
b
an offence of manslaughter, and
c
an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).
2
Facilitating the commission of an offence shall be taken for the purposes of this section and section 44 of this Act to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this or that section to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
3
An order under this section shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.
4
The M20Police (Property) Act 1897 shall apply, with the following modifications, to property which is in the possession of the police by virtue of this section—
a
no application shall be made under section 1(1) of that Act by any claimant of the property after the expiration of six months from the date on which the order in respect of the property was made under this section; and
b
no such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property F139or, where an order is made under subsection (1)(a) above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that paragraph.
5
In relation to property which is in the possession of the police by virtue of this section, the power to make regulations under F140section 2 of the M21Police (Property) Act 1897 (disposal of property in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto) shall F141subject to subsection (6) below include power to make regulations for disposal F141(including disposal by vesting in the relevant authority) in cases where no application by a claimant of the property has been made within the period specified in subsection (4)(a) above or no such application has succeeded.
F1426
The regulations may not provide for the vesting in the relevant authority of property in relation to which an order has been made under section 43A of this Act.
7
Nothing in subsection (2A)(a) or (3) of section 2 of the M22Police (Property) Act 1897 limits the power to make regulations under that section by virtue of subsection (5) above.
8
In subsections (5) and (6) above “relevant authority” has the meaning given by section 2(2B) of the Police (Property) Act 1897.
43AF143 Application of proceeds of forfeited property.
1
Where a court makes an order under section 43 above in a case where—
a
the offender has been convicted of an offence which has resulted in a person suffering personal injury, loss or damage; or
b
any such offence is taken into consideration by the court in determining sentence,
the court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.
2
The court may only make an order under this section if it is satisfied that but for the inadequacy of the means of the offender it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.
3
An order under this section has no effect—
a
before the end of the period specified in section 43(4)(a) above; or
b
if a successful application under section 1(1) of the M23Police (Property) Act 1897 has been made.
44 Driving disqualification where vehicle used for purposes of crime.
1
This section applies where a person is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more or, having been convicted by a magistrates’ court of such an offence, is committed under F144section 38 of the Magistrates’ Courts Act 1980 to the Crown Court for sentence.
F1451A
This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).
2
If in a case to which this section applies F146by virtue of subsection (1) abovethe Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question (within the meaning of section 43 of this Act), the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under F147Part III of the Road Traffic Act 1988.
F1482A
If in a case to which this section applies by virtue of subsection (1A) above the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence.
3
A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in subsection (2) above shall require him to produce any such licence held by him F149together with its counterpartF150or, in the case where he holds a Community licence (within the meaning of Part III of the Road Traffic Act 1988), his Community licence and its counterpart (if any); F151. . .
F151a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F151b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental
F15245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Reports of probation officers.
1
Subject to subsection (2) below, where a report by a probation officer F153or a member of a youth offending team is made to any court (other than a F154youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, a copy of the report shall be given by the court to the offender or his counsel or solicitor.
2
If the offender is under seventeen years of age and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.
F1553
For the purposes of this section—
a
references to an offender’s parent shall be construed in accordance with section 1 of the M24Family Law Reform Act 1987; and
b
“guardian” has the same meaning as in the M25Children and Young Persons Act 1933.
Part II Administrative and Supplemental Provisions
Rehabilitation of offenders and arrangements for persons on bail
F16647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses and grants
51 Expenses and grants payable out of moneys provided by Parliament.
1
Any expenses of the Secretary of State under this Part of this Act, and any expenses incurred by the Secretary of State—
F170a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith;
shall, to such amount as may be sanctioned by the Treasury, be defrayed out of moneys provided by Parliament.
F171F1722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1723A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1726
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous and supplemental
52 Evidence with respect to offences punishable in Scotland.
For the purposes of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable in Scotland with imprisonment or is punishable in Scotland on indictment with imprisonment for a term specified in the certificate shall be evidence of the matter so certified.
53 Execution of process between England and Wales and Scotland.
54 Rules and orders.
1
Any power of the Secretary of State to make rules or orders under this Act shall be exercised by statutory instrument.
2
Subject to subsection (3) below, any rules or orders made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
4
55 Transitional provisions.
Schedule 4 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of this Act.
56 Consequential amendments and repeals. C55
1
The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act, but the amendment of any enactment by that Schedule shall not be taken as prejudicing the operation of section 38 of the M28Interpretation Act 1889 (which relates to the effect of repeals).
2
The enactments specified in Schedule 6 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.
57 Interpretation.
1
In this Act, except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
“the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;
“approved bail hostel” means a bail hostel approved by the Secretary of State under section 49(1) of this Act;
“approved probation hostel” F177means a probation hostel approved by the Secretary of State under section 49(1) of this Act;
“bail hostel” means premises for the accommodation of persons remanded on bail;
“community service order” has the meaning assigned to it by section 14(1) of this Act;
“compensation order” has the meaning assigned to it by section 35(1) of this Act;
“court” does not include a court-martial;
“criminal bankruptcy order” means an order under section 39(1) of this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179
“extended sentence certificate” has the meaning assigned to it by section 28 of this Act;
“local authority” means, in relation to any probation and after-care area, any authority out of whose funds the salary of the clerk to the justices for a petty sessions area contained in the probation and after-care area is paid;
“order for conditional discharge” has the meaning assigned to it by section 7 of this Act;
“period of conditional discharge” has the meaning assigned to it by section 7 of this Act;
“probationer” means a person for the time being under supervision by virtue of a probation order;
“probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order, . . . F180;
“probation order” has the meaning assigned to it by section 2 of this Act;
“probation period” means the period for which a probationer is placed under supervision by a probation order;
“the register” means the register of proceedings before a magistrates’ court required by rules made under F181section 144 of the Magistrates’ Courts Act 1980 to be kept by the clerk of the court;
“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;
F182 . . .
“supervision order” has the meaning assigned to it by section 26(1) of this Act;
“suspended sentence” means a sentence to which an order under section 22(1) of this Act relates.
F183“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.
2
For the purposes of any reference in this Act, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall, unless the context otherwise requires, be treated as a single term.
3
Without prejudice to sections 20(1) and 21(1) of this Act, any reference in this Act however expressed to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.
4
Without prejudice to the meaning of references in sections 14, 43 and 44 of this Act to an offence punishable with imprisonment, any such reference elsewhere in this Act shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of offenders of his age.
F1845
Where a compensation order or supervision order has been made on appeal, for the purposes of this Act (except section 26(5)) it shall be deemed—
a
if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
b
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.
6
Any reference to this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.
F1857
For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.
58 Application to Scotland.
The following provisions of this Act shall extend to Scotland, that is to say—
b
section 56 and Schedules 5 and 6 so far as they amend or repeal any enactment or any part of an enactment which extends to Scotland;
but, except as provided by this section, this Act shall not extend to Scotland.
59 Northern Ireland.
1
F189Section 29(7) of this Act and this section shall extend to Northern Ireland but except as provided by this subsection this Act shall not extend to Northern Ireland.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190
3
The references in section 29(6) and (7) of this Act to section 26 of the M29Criminal Justice Act 1961 shall be construed, in relation to Northern Ireland, as references to that section as amended by any Act of the Parliament of Northern Ireland, or Measure of the Northern Ireland Assembly, whether passed before or after this Act.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190
60 Short title and commencement.
1
This Act may be cited as the Powers of Criminal Courts Act 1973.
C562
This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions; and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision.
SCHEDULES
F199SCHEDULE 1
Sch. 1 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 14(2), 101(2), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
Discharge
F1911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment
F1922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1954A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F1965. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1976. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C74F311Schedule 1A Additional Requirements in Probation Orders
Sch. 1A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 9(2), 101(1), Sch. 1 Pt.II, Sch. 12, para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
Sch. 1A modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. I paras. 1(3), 2(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch.2
Requirements as to residence
F2901
1
Subject to sub-paragraphs (2) and (3) below, a probation order may include requirements as to the residence of the offender.
2
Before making a probation order containing any such requirement, the court shall consider the home surroundings of the offender.
3
Where a probation order requires the offender to reside in an approved hostel or any other institution, the period for which he is so required to reside shall be specified in the order.
Requirements as to activities etc.
F2912
1
Subject to the provisions of this paragraph, a probation order may require the offender—
a
to present himself to a person or persons specified in the order at a place or places so specified;
b
to participate or refrain from participating in activities specified in the order—
i
on a day or days so specified; or
ii
during the probation period or such portion of it as may be so specified.
2
A court shall not include in a probation order a requirement such as is mentioned in sub-paragraph (1) above unless—
a
it has consulted a probation officer; and
b
it is satisfied that it is feasible to secure compliance with the requirement.
3
A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the offender and the probation officer responsible for his supervision, unless that other person consents to its inclusion.
4
A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—
a
in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place or places for not more than 60 days in the aggregate; and
b
while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.
5
A place specified in an order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.
6
A requirement to participate in activities shall operate to require the offender—
a
in accordance with instructions given by the probation officer responsible for his supervision, to participate in activities for not more than 60 days in the aggregate; and
b
while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.
F2927
Instructions given by a probation officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M52Criminal Justice Act 1991) to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
Requirements as to attendance at probation centre
F2933
1
Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.
2
A court shall not include such a requirement in a probation order unless—
a
it has consulted a probation officer; and
b
it is satisfied—
i
that arrangements can be made for the offender’s attendance at a centre; and
ii
that the person in charge of the centre consents to the inclusion of the requirement.
3
A requirement under sub-paragraph (1) above shall operate to require the offender—
a
in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and
b
while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.
F2944
Instructions given by a probation officer under sub-paragraph (3) above shall, as far as practicable, be such as to avoid—
a
any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M53Criminal Justice Act 1991) to which he may be subject; and
b
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
5
References in this paragraph to attendance at a probation centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.
6
The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.
7
In this paragraph “probation centre” means premises—
a
at which non-residential facilities are provided for use in connection with the rehabilitation of offenders; and
b
which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to probation orders.
Extension of requirements for sexual offenders
F2954
1
If the court so directs in the case of an offender who has been convicted of a sexual offence—
a
sub-paragraphs (4) and (6) of paragraph 2 above; and
b
sub-paragraph (3) of paragraph 3 above,
shall each have effect as if for the reference to 60 days there were substituted a reference to such greater number of days as may be specified in the direction.
2
In this paragraph “sexual offence” has the same meaning as in Part I of the Criminal Justice Act 1991.
Requirements as to treatment for mental condition etc.
F2965
1
This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a F297registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the offender—
a
is such as requires and may be susceptible to treatment; but
b
is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.
2
The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part F298or parts of that period as may be specified in the order, to treatment by or under the direction of a F297registered medical practitionerF298or a chartered psychologist (or both, for different parts) with a view to the improvement of the offender’s mental condition.
C723
The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—
a
treatment as a resident patient in a mental hospital;
b
treatment as a non-resident patient at such institution or place as may be specified in the order; and
c
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
F3004
A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—
a
it is satisfied that arrangements have been F301or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
b
the offender has expressed his willingness to comply with such a requirement.
C735
While the offender is under treatment as a resident patient in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
C736
Where the medical practitioner F302or chartered psychologist by whom or under whose direction an offender is being treated for his mental condition in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
a
is not specified in the order; and
b
he may, with the consent of the offender, make arrangements for him to be treated accordingly.
C737
Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.
8
Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—
a
the medical practitioner F302or chartered psychologist by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.
9
Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.
10
In this paragraph F303“registered medical practitioner” means a fully registered person within the meaning of the M54Medical Act 1983;F304“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists; and“mental hospital” means a hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Registered Homes Act 1984, not being a special hospital within the meaning of the National Health Service Act 1977.
Requirements as to treatment for drug or alcohol dependency
F3056
1
F306Subject to sub-paragraph (1A) below,This paragraph applies where a court proposing to make a probation order is satisfied—
a
that the offender is dependent on drugs or alcohol;
b
that his dependency caused or contributed to the offence in respect of which the order is proposed to be made; and
c
that his dependency is such as requires and may be susceptible to treatment.
F3071A
If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words “drugs or", in each place where they occur, were omitted.
2
The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on drugs or alcohol.
3
The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—
a
treatment as a resident in such institution or place as may be specified in the order;
b
treatment as a non-resident in or at such institution or place as may be so specified; and
c
treatment by or under the direction of such person having the necessary qualifications or experience as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
F3084
A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless—
a
it is satisfied that arrangements have been F309or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
b
the offender has expressed his willingness to comply with such a requirement.
5
While the offender is under treatment as a resident in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
6
Where the person by whom or under whose direction an offender is being treated for dependency on drugs or alcohol in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
a
is not specified in the order; and
b
is one in or at which the treatment of the offender will be given by or under the direction of a person having the necessary qualifications or experience,
he may, with the consent of the offender, make arrangements for him to be treated accordingly.
F3107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—
a
the person by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.
9
In this paragraph the reference to the offender being dependent on drugs or alcohol includes a reference to his having a propensity towards the misuse of drugs or alcohol, and references to his dependency on drugs or alcohol shall be construed accordingly.
F312Interpretation
Sch. 1A para. 7 and cross heading inserted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(1)(b), Sch. 1 and otherwiseprosp. ) by 1998 c. 37, s. 119, Sch. 8 para. 34(3); S.I. 1998/2327, art. 3(1)(b), Sch.1 (which Sch. 8 para. 34 is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I)
F3137
In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team.
F200F200SCHEDULE 2
Sch. 2 repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200
F264SCHEDULE 3 The Probation and After-Care Service and its Functions
Sch. 3 repealed (5.2.1994) by 1993 c. 47, ss. 32(3), 33(2), Sch.4.
Part I The Probation and After-Care Service
Probation and after-care areas
1
1
Subject to the following provisions of this paragraph, if the Secretary of State is of opinion, either upon consideration of proposals submitted to him by a magistrates’ courts committee for a county or without any such proposals, that it is expedient that any two or more petty sessions areas should form one probation and after-care area, he may make an order to that effect; and the order may contain such incidental and consequential provisions as appear to the Secretary of State to be expedient for the purposes of the order.
2
Before making an order under sub-paragraph (1) above the Secretary of State shall give to the justices acting for any petty sessions area affected by the order an opportunity of making to him any representations which they may desire to make with respect to the order, and shall consider any representations made by them.
F2013
The Secretary of State—
a
shall make provision by an order under sub-paragraph (1) above for combining in one probation area (in this Schedule referred to as “the inner London probation area”) all of the petty sessions divisions of the inner London area; and
b
may make provision by such an order for including in that probation area one or more other petty sessions areas.
5
Every petty sessions area which is not included in a probation and after-care area by virtue of an order made under sub-paragraph (1) above shall itself constitute a probation and after-care area.
Probation and after-care committees
2
1
For every probation and after-care area there shall be a probation and after-care committee, which shall be a body corporate.
2
Subject to the following provisions of this paragraph and to the provisions of paragraphs 6 and 7 below, a probation and after-care committee for any area shall consist—
a
if that area comprises more than one petty sessions area, of such number of justices as may be specified by the order under paragraph 1(1) above, appointed in the manner so specified by the justices acting for the F202. . .petty sessions areas comprised in that area;
b
if that area is one petty sessions area, of a prescribed number of justices appointed in the prescribed manner by the justices acting for that petty sessions area.
3
Sub-paragraph (2) above shall not apply to the probation and after-care committee for the F203inner London probation area, but that committee shall, subject to the provisions of sub-paragraph (4) below and of paragraphs 6 and 7 below, consist—
a
of such number of metropolitan stipendiary magistrates, nominated by the chief metropolitan stipendiary magistrate, as may be specified by the order under paragraph 1(1) above;
F204b
of such number as may be so specified of justices of the peace for the petty sessions areas of the inner London probation area who are not metropolitan stipendiary magistrates, chosen in such manner as may be so specified by the justices for those areas who are not such magistrates;
4
The Lord Chancellor may, if he thinks fit, appoint—
a
one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders); . . . F206
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206
to be members of the probation and after-care committee for any area, and any person so appointed shall hold office in accordance with the terms of his appointment.
5
Any contract made or other thing done by or on behalf of a probation and after-care committee before it became, by virtue of section 37 of the Justices of the Peace Act 1949, a body corporate, shall have effect as if made or done by or on behalf of the body corporate constituted by sub-paragraph (1) above.
3
1
It shall be the duty of every probation and after-care committee—
F207a
to appoint such number of probation officers—
i
as may be determined by them without objection by the responsible authority; or
ii
where objection is made, as may be agreed between them and that authority,
to be a sufficient number of such officers for their probation area, subject, in the case of such classes or descriptions of officers as may be prescribed, to the approval of the appointment by the Secretary of State;
b
to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be F208determined by the Secretary of State under paragraph 18A below;
c
to provide for the efficient carrying out of the work of probation officers;
d
to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as resident patients; and
e
to perform such other duties in connection with the work of probation officers as may be prescribed.
F209 and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State
2
A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons F210in relation to whom probation officers appointed for their area have responsibilities.
F2112A
A probation committee may provide facilities for enabling—
a
directions given by a supervisor by virtue of subsection (2) of section 12 of the Children and Young Persons Act 1969; F212 . . .
b
c
directions given under paragraphs 2 or 3 of Schedule 3 to the Children Act 1989
3
A probation and after-care committee may, . . . F215, delegate all or any of their functions to a sub-committee consisting of members of the committee and such other persons (if any) as may be co-opted to be members of the sub-committee; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the committee.
4
Notwithstanding that, by virtue of paragraph 2(1) above, a probation and after-care committee is a body corporate, any provision applying to employees of justices shall, unless the contrary intention appears, apply to employees of a probation and after-care committee.
F216C575
In this paragraph “the responsible authority”—
a
in relation to a probation area other than the inner London probation area, means the local authority in whose area that probation area is situated; and
b
in relation to the inner London probation area, means—
i
the Receiver for the metropolitan police district; and
ii
where that area includes one or more petty sessions areas outside the inner London area, the local authority or authorities in whose area or areas that petty sessions area or those petty sessions areas is or are situated;
and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.
F217 Probation liaison committees
Sch. 3 paras. 4, 5 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65, Sch. 11 para. 6(b)
F2184
1
F219Subject to sub-paragraph (1A) below, for every petty sessions area outside the F220inner London probation area there shall be one or more committees, to be called “probation liaison committees", and every such committee shall, subject to paragraphs 6 and 7 below, consist—
a
if the petty sessions area is a separate probation area, of the probation committee;
b
in any other case, of not less than three justices appointed by the justices acting for that petty sessions area.
F2211A
Where two or more petty sessions areas outside the F220inner London probation areaform 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.
2
It shall be the duty of probation liaison committees for areas outside F220the inner London probation area to review the work of probation officers, and to perform such other duties in connection with the work of probation officers as may be prescribed.
3
A probation committee for any area outside the F220 inner London probation areashall pay any expenses incurred in accordance with rules made by the Secretary of State under this Schedule by a probation liaison committee for a petty sessions area in their probation area, and any allowances under paragraph 13 below to members of any such committee.
F2224
A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.
F2235
1
The probation committee for the F224inner London probation area may appoint such probation liaison committees, constituted in such manner and for such areas within that area, as the probation committee may determine, and shall pay the expenses of any probation liaison committee appointed under this sub-paragraph.
2
Any probation liaison committee appointed for an area within the F224inner London probation area shall exercise functions conferred on probation liaison committees for areas outside the F224 inner London probation area by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the F224inner London probation area.
Co-option of members of probation and after-care committees and F225probation liaison comittee
By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 6(c) it is provided that for every reference to a case committee there is substituted a reference to a probation liaison committee
C58C596
1
Subject to the provisions of this paragraph, any probation and after-care committee, and any F226probation liaison committee which is not a probation and after-care committee, may co-opt such number of persons as they think fit.
2
The number of members co-opted under sub-paragraph (1) above shall not exceed one-third of the number of members of the committee, and no person shall be so co-opted if he is a justice of the peace for any county in which the probation and after-care area or any part of it is situated, or which is wholly or partly comprised in that area.
3
The reference in sub-paragraph (2) above to a county includes a reference to any London commission area within the meaning of the M30Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any F226probation liaison committee for an area within the F227 inner London probation area.
F2286A
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.
F2296B
1
The Secretary of State may by order provide that the probation committee for any probation areas 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 authorites 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.
7F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probation Officers
8
1
It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them, to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person F231and to make reports on such matters with a view to assisting the court in determining the most suitable method of dealing with his case, to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody and to perform such other duties as may be prescribed or may be imposed by any enactment or instrument.
2
In sub-paragraph (1) above “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.
9
The probation officer who is to be responsible for the supervision of any probationer shall be selected under arrangements made by the probation and after-care committee for the probation and after-care area which includes the petty sessions area for the time being named in the order from among the probation officers appointed for or assigned to that petty sessions area; and, if the probation officer so selected dies or is unable for any reason to carry out his duties, . . . F232, another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that petty sessions area.
Part II Functions in relation to the Rehabilitation of Offenders
Functions of probation and after-care committees in relation to community service orders
10
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234
3
For the purposes of any arrangements made in pursuance of this paragraph for the whole or any part of the area of a probation and after-care committee, that committee shall have power—
F235a
to appoint staff;
b
to provide accommodation, equipment, materials and transport;
c
to make payments to any society or body in respect of services rendered by them;
d
to defray travelling and other expenses in connection with the performance of work by persons in respect of whom community service orders are in force.
Provision of establishments for use in connection with the rehabilitation of offenders, etc.
11
12
1
A probation and after-care committee shall make such payments and to such persons as may be prescribed in respect of persons accommodated in probation hostels, . . . F238 and bail hostels.
2
A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons remanded on bail.
F262 Payment of grants in prescribed cases
Sch. 3 para. 12A inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s.97; S.I. 1992/333, art. 2(2), Sch. 2
F26312A
A probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.
Part III General Provisions
Travelling and subsistence allowances
13
C601
Subject to the provisions of this paragraph, a member of a probation and after-care committee or F239probation liaision committee shall be entitled—
a
to receive payments at F240rates determined by the Secretary of State with the consent of the Minister for the Civil Service by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member of the committee; and
b
to receive payments at F240a rate determined by the Secretary of State with the consent of the Minister for the Civil Service by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241
C613
Adjustment of expenses of probation and after-care committees inter se
14
1
Where a probation officer is appointed for more than one probation and after-care area, his salary and any expenses incurred by him or by a probation and after-care committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under any regulations under section 7 of the M31Superannuation Act 1972 shall be apportioned between the probation and after-care committees for the several probation and after-care areas for which he is appointed, in such manner as may be agreed between the committees concerned after consultation with the local authorities which, by virtue of paragraph 15 below, are required to defray the expenses of those committees, or as in default of agreement may be determined by the Secretary of State.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F244
Expenses of probation and after-care committees to be borne by local authorities
15
C621
Subject to sub-paragraph (2) below and to paragraph 16 below the sums required to meet—
a
any expenses incurred by a probation and after-care committee under the provisions of this Schedule (including allowances under paragraph 13);
b
any expenses incurred by a probation and after-care committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the M32Superannuation Act 1972 to or in respect of probation officers and clerks appointed by probation and after-care committees or probation officers to assist probation officers in the performance of their duties; and
c
any other expenses incurred by a probation and after-care committee in accordance with rules made under this Schedule;
shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation and after-care area is situated.
2
Sub-paragraph (1) above shall not apply to any expenses incurred by a probation and after-care committee in providing and carrying on probation hostels, probation homes and bail hostels.
C63C643
Where a probation and after-care area is situated in the area of two or more local authorities, the sums to be defrayed under sub-paragraph (1) above shall be apportioned between the several authorities in such manner as may be agreed between them or as in default of agreement may be determined by the Secretary of State.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245
Special provision for expenses of the probation and after-care committee for the inner London area
F24616
Paragraph 15 above shall not apply in relation to expenses incurred by the probation committee for the inner London probation area, but such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation area outside, would be payable by virtue of that paragraph by the local authority.
a
shall be paid out of the metropolitan police fund; or
b
where the inner London probation area includes one or more petty sessions areas outside the inner London area, shall be partly paid out of that fund and partly defrayed by the local authority or authorities concerned.
2
Where paragraph (b) of sub-paragraph (1) above applies, the proportions to be paid or defrayed under that paragraph shall be such as may be agreed between the Receiver for the metropolitan police district and the local authority or authorities concerned or, in default of agreement, as may be determined by the Secretary of State.
3
In this paragraph “the local authority or authorities concerned” means the local authority or authorities in whose area or areas the petty sessions area or areas outside the inner London area is or are situated.
F260Limits on sums payable under paragraphs 15 and 16
Sch. 3 para. 16A inserted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(3); S.I. 1991/2208, art. 2(4), Sch. 3
F26116A
1
Nothing in paragraph 15 or 16 above shall require a local authority to defray any sums which would cause its expenditure in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State under section 51(3A)(b) of this Act.
2
Nothing in paragraph 16 above shall require there to be paid out of the metropolitan police fund any sums which would cause the expenditure out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being so determined.
3
In this paragraph “expenditure” means expenditure under this Schedule.
Provision of accommodation by local authorities for the probation and after-care service
17
C651
In any case in which a local authority would be liable under paragraph 15(1) or (3) F247or 16(1) or (2) above to defray all or part of the expenses incurred by a probation and after-care committee in providing any accommodation, the local authority may, subject to the provisions of this paragraph, itself provide the accommodation in question for the use of the committee.
2
A local authority shall not by virtue of this paragraph provide any accommodation for the use of a probation and after-care committee except with the agreement—
a
of the committee; and
b
if the expenses of the committee in providing the accommodation would have fallen to be defrayed partly by that authority and partly by one or more other local authorities, of the other local authority or authorities.
C66C673
Where in accordance with sub-paragraph (2)(b) above a local authority provides accommodation with the agreement of one or more other local authorities, that authority shall be entitled to receive from the other authority or authorities such contribution to its expenditure in providing the accommodation as may be agreed between them or as in default of agreement may be determined by the Secretary of State.
F2484
The foregoing provisions of this paragraph shall apply as if the Receiver for the metropolitan police district were a local authority and any sums required to be paid out of the metropolitan police fund were required to be defrayed by him; and any contribution received by him under sub-paragraph (3) above shall be paid into that fund.
Rules
C6818
1
The Secretary of State may make rules—
C69a
F251aa
limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;
b
c
prescribing anything else which under the preceding provisions of this Schedule may be prescribed;
and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.
2
Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—
a
for prescribing . . . F254 the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and
b
for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.
3
Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the F255inner London probation area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.
Conditions of service of probation officers
F25618A
The conditions of service of probation officers . . . F257 shall be such as the Secretary of State may from time to time determine.
Interpretation
19
1
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F259
SCHEDULE 4 Transitional Provisions
General
1
Without prejudice to the provisions of section 38 of the M34Interpretation Act 1889 (effect of repeals)—
a
nothing in any repeal made by this Act shall affect any order or rule made, certificate issued, requirement or condition imposed or thing done under any enactment repealed by this Act, and every such order, rule, certificate, requirement, condition or thing shall, if in force at the commencement of this Act, continue in force (subject to the provisions of this Act) and be deemed to have been made, issued, imposed or done under the corresponding provisions of this Act; and
b
any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.
Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969
F2652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C70SCHEDULE 5 Consequential Amendments
The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M35Criminal Justice Act 1948
2
In section 19 of the Criminal Justice Act 1948 (orders requiring attendance at an attendance centre), in subsection (1), for the words “section six of this Act" there shall be substituted the words “
section six of the Powers of Criminal Courts Act 1973"
”
.
3F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Magistrates’ Courts Act 1952
4F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In section 72B of that Act (transfer of fine orders from Scotland), in subsection (3), for the words “section 44(3) of the Criminal Justice Act 1967" there shall be substituted the words “
section 32(1) of the Powers of Criminal Courts Act 1973"
”
.
7F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M36Summary Juristiction (Scotland) Act 1954
F2708
In section 44 of the Summary Jurisdiction (Scotland) Act 1954 (transfer of fine orders within and from Scotland), in subsection (5), for the words “section 47 of the Criminal Justice Act 1967" there shall be substituted the words “
section 31 of the Powers of Criminal Courts Act 1973"
”
.
9F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Metropolitan Magistrates’ Courts Act 1959
F27210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M37Criminal Justice Act 1961
12
In section 5(5) of the Criminal Justice Act 1961 (construction of references to terms of imprisonment), for the words “sections fourteen and fifteen of the Criminal Justice Act 1948" there shall be substituted the words “
sections 31 and 32 of the Powers of Criminal Courts Act 1973"
”
.
13F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M38Administration of Justice Act 1964
F27514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M39 Criminal Justice Act 1967
16F277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
In section 32 of that Act (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for the words “section 4 of the Criminal Justice Act 1948" there shall be substituted the words “
section 3 of the Powers of Criminal Courts Act 1973"
”
.
18F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
In section 56 of that Act (committal for sentence for offences tried summarily)—
a
in subsection (1)(a), for the words “section 41(1) of this Act" there shall be substituted the words “
section 24(1) of the Powers of Criminal Courts Act 1973"
”
; and
b
in subsection (2), for the words from “section 8(4)" to the end there shall be substituted the words “
section 28 and 29 of the Magistrates’ Courts Act 1952 (committal for sentence), section 62(6) of this Act and sections 8(6) (probationer convicted of subsequent offence) and 24(2) (committal to be dealt with in respect of a suspended sentence) of the Powers of Criminal Courts Act 1973"
”
.
21
In section 62 of that Act (revocation of licences and conviction of prisoners on licence), in subsection (6), for the words “section 29 of the Criminal Justice Act 1948" there shall be substituted the words “
section 42 of the Powers of Criminal Courts Act 1973"
”
.
22
In section 67 of that Act (computation of sentences of imprisonment passed in England and Wales), in subsection (2), for the words “section 40 of this Act" there shall be substituted the words “
section 23 of the Powers of Criminal Courts Act 1973"
”
.
23F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
In section 104 of that Act (general provisions as to interpretation), in subsection (1)—
a
for the definition of “extended sentence certificate" there shall be substituted the following—
“extended sentence certificate” means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;
b
for the definition of “suspended sentence" there shall be substituted the following—
“suspended sentence” means a sentence to which an order under section 22(1) of the Powers of Criminal Courts Act 1973 relates.
27
In section 106(2)(b) of that Act (provisions extending to Scotland), for the words from “38(7)" to “54(6) to" there shall be substituted the words “
48, 54(6) and"
”
.
M40 Criminal Appeal Act 1968
28
In section 10 of the M41Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by the Crown Court otherwise than on conviction on indictment), in subsection (3)(c)(iii), for the words “section 40 of the Criminal Justice Act 1967" there shall be substituted the words “
section 23 of the Powers of Criminal Courts Act 1973"
”
.
29F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M42 Social Work (Scotland) Act 1968
30
In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in subsection (1), in the definition of “probation order" for the words “section 3 of the Criminal Justice Act 1948" there shall be substituted the words “
section 2 of the Powers of Criminal Courts Act 1973"
”
.
The M43 Civil Evidence Act 1968
31
In section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “
section 13 of the Powers of Criminal Courts Act 1973"
”
.
The M44 Law Reform (Miscellaneous Provisions) (Scotland) Act 1968
32
In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “
section 13 of the Powers of Criminal Courts Act 1973"
”
.
The M45 Children and Young Persons Act 1969
33F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39
In Schedule 4 to that Act (transitional provisions and savings) in paragraph 12(3), for the words “Criminal Justice Act 1948" there shall be substituted the words “
Powers of Criminal Courts Act 1973"
”
.
The M46 Administration of Justice Act 1970
40
In Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation, etc., enforceable as on a summary conviction), for paragraphs 10 and 11 as originally enacted there shall be substituted (in place of the paragraph substituted for those paragraphs and the paragraph 9A inserted by section 8 of the Criminal Damage Act 1971 by Schedule 5 to the Criminal Justice Act 1972) the following paragraph—
10
Where under section 35 of the Powers of Criminal Courts Act 1973 a court orders the payment of compensation.
The M47 Courts Act 1971
F28741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M48 Industrial Relations Act 1971
42
In paragraph 28 of Schedule 3 to the Industrial Relations Act 1971 (provisions as to fines imposed by the Industrial Court), in sub-paragraph (1), for the words from “section 14" to “1967" there shall be substituted the words “
the provisions of section 31 and 32 of the Powers of Criminal Courts Act 1973"
”
and the words “to a court of assize or" shall be omitted.
The M49 Road Traffic Act 1972
43F288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
In section 105 of that Act (supplementary provisions as to disqualifications and endorsements), in subsection (2), after the words “Criminal Justice Act 1972" there shall be inserted the words “
or section 44(3) of the Powers of Criminal Courts Act 1973"
”
and for the words “that section" there shall be substituted the words “
section 24 or 44, as the case may be"
”
.
The Criminal Justice Act 1972
45
In section 23 of the Criminal Justice Act 1972 (power to deprive offender of property used, or intended for use, for purposes of crime), in subsection (5), for the words from “in regard" to “of this section" there shall be substituted the words
that any property which was in his possession or under his control at the time of his apprehension—
a
has been used for the purpose of committing, or facilitating the commission of, any offence; or
b
was intended by him to be used for that purpose
46
In section 24 of that Act (driving disqualification where vehicle used for purposes of crime)—
a
in subsection (2), for the words from “mentioned" to the end of the subsection there shall be substituted the words “
of committing, or facilitating the commission of, the offence, the court may order that person to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1972"
”
; and
b
in subsection (3), for the words “subsection (1)" there shall be substituted the words “
subsection (2)"
”
.
47
In section 49 of that Act (community service order in lieu of warrant of commitment for failure to pay fine, etc.)—
a
in subsection (2), for the words from the beginning to “this Act" in the second place where it occurs there shall be substituted the words “
In this section community service order" has the same meaning as in the Powers of Criminal Courts Act 1973 and section 14(2) of that Act and, so far as applicable, the other provisions of that Act"
”
, and for the words “subsection (3) of section 17" and “section 18(1)(b) of this Act" there shall be substitiuted respectively the words “
subsection (3) of section 16"
”
and “
section 17(2)(a) of that Act"
”
; and
b
in subsection (4), for the words “section 47(3) of the Criminal Justice Act 1967" there shall be substituted the words “
section 32(1) of the Powers of Criminal Courts Acts 1973"
”
.
48F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The M50 Costs in Criminal Cases Act 1973
49
In section 18 of the Costs in Criminal Cases Act 1973 (miscellaneous applications of that Act)—
a
in subsection (1)(b), for the words “section 29 of that Act" there shall be substituted the words “
section 42 of the Powers of Criminal Courts Act 1973"
”
; and
b
in subsection (4), for paragraphs (a), (b) and (c) there shall be substituted the following paragraphs—
a
proceedings for dealing with an offender under section 6, 8 or 10 of the Powers of Criminal Courts Act 1973 (probation orders and orders for conditional discharge);
b
proceedings under section 16 or 17 of that Act (community service orders); and
c
proceedings under section 23(1) or 27 of that Act for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order.
The M51 Social Security Act 1973
50
In Schedule 23 to the Social Security Act 1973 (proceedings for offences etc.), in paragraph 11(1), for the words “Criminal Justice Act 1948" there shall be substituted the words “
Powers of Criminal Courts Act 1973"
”
.
C71Schedule 6 Enactments Repealed
The text of s. 56 and Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Chapter | Short Title | Extent of Repeal |
|---|---|---|
11 & 12 Geo. 6. c. 58. | The Criminal Justice Act 1948. | Sections 3 to 12 and 14. |
Section 17(1), (2) and (6). | ||
Sections 29, 43 and 45 to 47. | ||
Section 77, except subsection (6), and, in subsection (1), the words “Any expenses of the Secretary of State under this Act" and the words from “shall" to the end of the subsection. | ||
In section 80, in subsection (1) the definitions of “approved probation hostel", “approved probation home", “offence the sentence for which is fixed by law", “order for conditional discharge", “period of conditional discharge", “probationer", “probation order", “probation period", “sum adjudged to be paid by a conviction" and “supervising court", and subsection (5). | ||
Section 81, so far as relates to sections 8, 9, 11 and 12. | ||
Schedules 1 and 5. | ||
In Schedule 8, paragraphs 3 to 9. | ||
12, 13 & 14 Geo. 6. c. 94. | The Criminal Justice (Scotland) Act 1949. | In Schedule 11, the entry relating to section 9 of the Criminal Justice Act 1948. |
12, 13 & 14 Geo. 6. c. 101. | The Justices of the Peace Act 1949. | Sections 36 and 37. |
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55. | The Magistrates’ Courts Act 1952. | Section 107(2), (3). |
In section 110(1), the words “thirty-nin e or". | ||
7 & 8 Eliz. 2. c. 72. | The Mental Health Act 1959. | In Part I of Schedule 7, the entry relating to the Criminal Justice Act 1948. |
9 & 10 Eliz. 2. c. 39. | The Criminal Justice Act 1961. | Section 2(2). |
Section 9. | ||
1964 c. 42. | The Administration of Justice Act 1961. | Section 22. |
In section 31, subsection (1) in so far as it amends s. 36 of the Justices of the Peace Act 1949. | ||
In Schedule 3, paragraph 19(2), (3). | ||
1967 c. 58. | The Criminal Law Act 1967. | Section 7. |
1967 c. 80. | The Criminal Justice Act 1967. | Sections 37 to 42. |
Section 47. | ||
In section 48, in subsection (1), the words “of a magistrates’ court or", the words from “section 72A" to “Scotland) or", and the words “magistrates’ court or", and subsection (2). | ||
In section 50, the words from “and in" to the end of the section. | ||
Sections 52 and 53. | ||
In section 54, subsections (1) to (3), (5) and (7). | ||
Sections 55 and 57. | ||
Section 95 except subsection (1). | ||
Section 96. | ||
Section 99. | ||
Section 106(3)(b), so far as relates to section 38(7). | ||
In Schedule 6, paragraph 6. | ||
1968 c. 69. | The Justices of the Peace Act 1968. | Section 4(5) and (6). |
1969 c. 54 | The Children and Young Persons Act 1969. | Section 7(2). |
In Schedule 4, paragraph 5(2). | ||
In Schedule 5, paragraph 45. | ||
1971 c. 23. | The Courts Act 1971. | Section 53(2)(a). |
In Schedule 8:— | ||
in paragraph 24, sub-paragraph (a) and in sub-paragraph (b) the words “14(5)"; | ||
paragraphs 25 to 27; | ||
paragraph 48(a), so far as relates to sections 40, 41, 47, 48 and 54 of the Criminal Justice Act 1967; | ||
paragraphs 51, 53 and 54. | ||
1971 c. 72. | The Industrial Relations Act 1971. | In Schedule 3, in paragraph 28(1) the words “to a court of assize or". |
1972 c. 70. | The Local Government Act 1972. | In section 217(5), the words from “but" to the end of the subsection. |
1972 c. 71. | The Criminal Justice Act 1972. | Part I except sections 6, 23(5) and (6), and 24(2) to (4). |
Sections 37, 40, 51(3), 52 to 57, and 66(3) and (4). | ||
Schedule 1. | ||
In Schedule 5, the entry relating to the Criminal Justice Act 1948, paragraphs (b), (e), (f) and (g) of the entry relating to the Criminal Justice Act 1967, and paragraph (b) of the entry relating to Part I of Schedule 9 to the Administration of Justice Act 1970. |
Act extends to England and Wales with exceptions, see ss. 58, 59.