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Criminal Justice Act 1991

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Criminal Justice Act 1991 is up to date with all changes known to be in force on or before 16 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 24(2)(ba) inserted by 2013 c. 22 s. 26(7)
  • s. 46(3)(aa) substituted for word by 2008 c. 4 s. 33(7)(b) (This amendment not applied to legislation.gov.uk. S. 33(2)(4)(7)(8) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(a); S.I. 2012/2906, art. 2(d))
  • s. 46ZA inserted by 2008 c. 4 s. 33(2) (This amendment not applied to legislation.gov.uk. S. 33(2)(4)(7)(8) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(a); S.I. 2012/2906, art. 2(d))

Part IE+W+S+N.I. Powers of Courts to deal with Offenders

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Modifications etc. (not altering text)

C1Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)

Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).

Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)

Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).

Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)

Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).

Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).

Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)

Custodial sentencesE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1S. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2S. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F3S. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F4S. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F5S. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Community sentencesE+W

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F6S. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7S. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Probation and community service ordersE+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F8S. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F9S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F10S. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F11S. 11 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Curfew ordersE+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F12S. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F13S. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Orders: supplementalE+W+S+N.I.

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F14S. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F15S. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

16 Reciprocal enforcement of certain orders.E+W+S+N.I.

Schedule 3 to this Act shall have effect for making provision for and in connection with—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the making and amendment in Scotland or Northern Ireland of [F17certain] orders relating to persons residing in England and Wales.

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Amendments (Textual)

F17Word in s. 16(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 134

Commencement Information

I1S. 16 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Financial penaltiesE+W+S

17 Increase of certain maxima.E+W+S

(1)In section 37 (standard scale of fines) of the M1Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the M2Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—

(2)The standard scale is shown below—

Level on the scaleAmount of fine
1£200
2£500
3£1,000
4£2,500
5£5,000.

(2)Part I of the M3Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—

(a)in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) F18. . ., for “£400” there shall be substituted “£1,000”;

(b)in section 24(4) (maximum fine on summary conviction of child for indictable offence) F18. . ., for “£100” there shall be substituted “£250”; and

(c)in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;

and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.

(3)Schedule 4 to this Act shall have effect as follows—

(a)in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;

(b)in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;

(c)in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;

(d)the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and

(e)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E1S. 17 extends to England and Wales; s. 17(1)(2) also extend to Scotland see s. 102(4)(5)

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 17(1)(2) restricted (S.) (1.9.1992) by S.I. 1992/333, art. 4A (as inserted by S.I. 1992/2118, art. 4)

Commencement Information

I2S. 17 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2)

Marginal Citations

F2018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F20S. 18 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F22S. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[F2320AFalse statements as to financial circumstances.E+W

(1)A person who is charged with an offence who, in furnishing a statement of [F24financial circumstances (whether a statement of assets, of other financial circumstances or of both)] in response to an official request—

(a)makes a statement which he knows to be false in a material particular;

(b)recklessly furnishes a statement which is false in a material particular; or

(c)knowingly fails to disclose any material fact,

shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

[F25(1A)A person who is charged with an offence who fails to furnish a statement of [F26financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by] an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

(2)For the purposes of this section an official request is a request which—

(a)is made by the [F27designated officer for] the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and

(b)is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose [F28and how it should be paid].

(3)Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.]

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Amendments (Textual)

F23S. 20A inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 43; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F25S. 20A(1A) inserted (5.4.2004) by Courts Act 2003 (c. 39), ss. 95(2), 110; S.I. 2004/174, art. 3

F27Words in s. 20A(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 350; S.I. 2005/910, art. 3

F28Words in s. 20A(2)(b) inserted (5.4.2004) by Courts Act 2003 (c. 39), ss. 95(3), 110; S.I. 2004/174, art. 3

Financial penalties: supplementalE+W+S

F2921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F29S. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F3022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

23 Default in other cases.E+W+S

(1)In the [F31Table in] paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

An amount not exceeding £2007 days
An amount exceeding £200 but not exceeding £50014 days
An amount exceeding £500 but not exceeding £1,00028 days
An amount exceeding £1,000 but not exceeding £2,50045 days
An amount exceeding £2,500 but not exceeding £5,0003 months.

(2)For the Table in section 407(1A) of the M4Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

Amount of fine or cautionMaximum period of imprisonment
An amount not exceeding £2007 days
An amount exceeding £200 but not exceeding £50014 days
An amount exceeding £500 but not exceeding £1,00028 days
An amount exceeding £1,000 but not exceeding £2,50045 days
An amount exceeding £2,500 but not exceeding £5,0003 months
An amount exceeding £5,000 but not exceeding £10,0006 months
An amount exceeding £10,000 but not exceeding £20,00012 months
An amount exceeding £20,000 but not exceeding £50,00018 months
An amount exceeding £50,000 but not exceeding £100,0002 years
An amount exceeding £100,000 but not exceeding £250,0003 years
An amount exceeding £250,000 but not exceeding £1 million5 years
An amount exceeding £1 million10 years.

(3)In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the M5Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

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Extent Information

E2S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).

Amendments (Textual)

F31Words in s. 23(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 135

Commencement Information

I3S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

24 Recovery of fines etc. by deductions from [F32universal credit and] income support.E+W+S

(1)The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order [F33, an unlawful profit order or a slavery and trafficking reparation order] which has been made against an offender by such a court, and (in either case) the offender is entitled to [F34universal credit,] income support [F35, a jobseeker’s allowance [F36, state pension credit or an F37... employment and support allowance]]

(a)the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of [F38that benefit], in order to secure the payment of any sum which is or forms part of the fine [F39, compensation or unlawful profit]; and

(b)the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

(2)The regulations may include—

(a)provision that, before making an application, the court shall make an enquiry as to the offender’s means;

[F40(aa)provision that the court may require the offender to provide prescribed information in connection with an application;]

(b)provision allowing or requiring adjudication as regards an application, and provision as to [F41appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act];

(c)provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;

(d)provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of [F42universal credit,] income support [F43, a jobseeker’s allowance [F44, state pension credit or an F45... employment and support allowance]] do not fall below prescribed figures);

(e)provision as to the circumstances in which the Secretary of State is to cease making deductions;

(f)provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

(g)provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

[F46(2A)An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

(2B)An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

(a)makes a statement which he knows to be false in a material particular,

(b)recklessly provides a statement which is false in a material particular, or

(c)knowingly fails to disclose any material fact.

(2C)A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

(3)In subsection (1) above—

(a)the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of [F47section 140 of the Powers of Criminal Courts (Sentencing) Act 2000], as having been so imposed; and

(b)the reference to a sum being required to be paid by a compensation order [F48, an unlawful profit order or a slavery and trafficking reparation order] which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the M6Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

[F49(c)the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section [F50section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995] (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).]

[F51(3A)This section applies in relation to a surcharge imposed under section 161A of the Criminal Justice Act 2003 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.]

(4)In this section—

  • fine” includes—

    • (a) a penalty imposed under [F52section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M7Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);

    • (b) an amount ordered to be paid, in addition to any penalty so imposed, under [F52section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);

    • [F53(ba) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);]

    • (c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M8Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

  • F54...

  • income support” means income support within the meaning of the M9Social Security Act 1986, either alone or together with any F55... [F56 incapacity] benefit, [F57or retirement pension] which is paid by means of the same instrument of payment;

  • prescribed” means prescribed by regulations made by the Secretary of State.

  • [F58slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;]

  • [F59unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]

(5)In the application of this section to Scotland—

(a)references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

(b)in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of [F60section 211(4) of the Criminal Procedure (Scotland) Act 1995], as having been so imposed; and

(b)the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of [F61section 252 of the Criminal Procedure (Scotland) Act 1995], as having been so made.

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Amendments (Textual)

F35Words in s. 24(1) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(a); S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2

F36Words in s. 24(1) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.

F37Words in s. 24(1) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)

F38Words in s. 24(1)(a) substituted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.

F39Words in s. 24(1)(b) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(2)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F40S. 24(2)(aa) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(1)(2) , 110; S.I. 2004/174, art. 3

F41Words in s. 24(2)(b) substituted (18.10.1998 for specified provisions, 29.11.1999 for further specified provisions, otherwise prosp.) by 1998 c. 14, s. 86(1), Sch.7 para. 55; S.I. 1999/2860, art. 2, Sch. 1 (with art. 5 and subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)

F43Words in s. 24(2)(d) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(b) ; S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2

F44Words in s. 24(2)(d) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.

F45Words in s. 24(2)(d) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)

F46S. 24(2A)-(2C) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(3) , 110; S.I. 2004/174, art. 3

F47Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 136

F48Words in s. 24(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(3); S.I. 2015/1476, reg. 2(j)

F49S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1

F50Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)

F52Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))

F53S. 24(4): para. (ba) inserted in definition of "fine" (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 7; S.I. 2015/778, art. 3, Sch. 1 para. 78

F54S. 24(4): definition of "income-related employment and support allowance" repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(b), 150(1)(d)

F55Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2

F56Word in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para. 55; S.I. 1994/2926, art. 2, Sch. Pt. IV

F57Words in definition of “income support” in s. 24(4) substituted (6.4.2001) by 1999 c. 30, s. 70, Sch. 8 Pt. III para. 27; S.I. 2000/2958, art. 2(6)(b) (subject to arts. 3, 4)

F58S. 24(4): definition of "slavery and trafficking reparation order" inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(4); S.I. 2015/1476, reg. 2(j)

F59S. 24(4): definition of “unlawful profit order” inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(4); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

F60S. 24(5)(a): words in subsecton (3)(a) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)

F61S. 24(5)(b): words in subsecton (3)(b) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)

Commencement Information

I4S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

MiscellaneousE+W+S

F6225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F62S. 25 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

26 Alteration of certain penalties.E+W+S

(1)In section 7 of the M10Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

(2)For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

(3)A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

(a)where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;

(b)in any other case, ten years.

(4)References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

F63(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 51(4) of the M11Criminal Law Act 1977 (penalties for bomb hoaxes)—

(a)in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and

(b)in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.

(5)The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.

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Extent Information

E3S. 26 extends to England and Wales; s. 26(3)(4) also extend to Scotland see s. 102(4)(5)

Amendments (Textual)

Commencement Information

I5S. 26 wholly in force; s. 26(3) in force (E.W.) at 25.10.1991, s. 26(4)(5) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2)(3)(4), Schs. 2, 3; s. 26(3) in force (S.) at 9.12.1991 see s. 102(2)(3) and S.I. 1991/2706, art. 2(1)(2); s. 26 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

Marginal Citations

27 Treatment of offenders under 1983 Act.E+W

(1)After section 39 of the 1983 Act there shall be inserted the following section—

39A Information to facilitate guardianship orders.

Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—

(a)to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and

(b)if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;

and that authority shall comply with any such request.

(2)After section 54 of that Act there shall be inserted the following section—

54A Reduction of period for making hospital orders.

(1)The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above.

(2)An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.

(3)In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.

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Commencement Information

I6S. 27 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

SupplementalE+W

F6428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F64S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F6529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F65S. 29 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

30 Rules, regulations and orders.E+W

(1)Any power of the Secretary of State F66. . . to make rules, regulations or orders under this Part—

(a)shall be exercisable by statutory instrument; and

(b)shall include power to make different provision for different cases or classes of case.

(2)A statutory instrument containing any rules, regulations or order under this Part F67. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F66Words in s. 30(1) repealed (20.9.1993) by 1993 c. 36, s. 79(14), Sch. 6 Pt. I; S.I. 1993/1968, art. 2(2), Sch. 2, Appendix.

F67Words in s. 30(2) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I7S. 30 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

F6831. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F68S. 31 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F69F70Part IIE+W Early Release of Prisoners

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

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Amendments (Textual)

F69Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:

(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);

(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);

(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;

(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);

(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));

(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)

(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;

(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);

(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);

F70Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)

Part IIIE+W Children and Young Persons

Children’s evidenceE+W

52 Competence of children as witnesses.E+W

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

53 Notices of transfer in certain cases involving children.E+W

[F145(1)If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—

(a)that the evidence of the offence would be sufficient for the person charged to be committed for trial;

(b)that a child who is alleged—

(i)to be a person against whom the offence was committed; or

(ii)to have witnessed the commission of the offence,

will be called as a witness at the trial; and

(c)that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,

a notice (“notice of transfer”) certifying that opinion may be [F146given] by or [F146to] behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

(2)A notice of transfer shall be [F147given] before the magistrates’ court begins to inquire into the case as examining justices.

(3)On the [F148giving] of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by [F149regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012].

(4)The decision to [F150give] a notice of transfer shall not be subject to appeal or liable to be questioned in any court.

(5)Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.

(6)In this section “child” means a person who—

(a)in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or

(b)in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.

(7)Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

[F151(8)This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.]]

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Amendments (Textual)

F145S. 53 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 62(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)

F146Words in s. 53(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(a); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F147Words in s. 53(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(b); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F148Words in s. 53(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(c); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F149Words in s. 53(3) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 40; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F150Words in s. 53(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(d); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A

F151S. 53(8) inserted (4.1.1998 for certain purposes, otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 93; S.I. 1998/2327, art. 4(2)(c) (subject to art. 3); S.I. 2000/3283, art. 2(c).

Modifications etc. (not altering text)

Commencement Information

I24S. 53 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

[F15254 Video recordings of testimony from child witnesses.E+W

After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—

32A Video recordings of testimony from child witnesses.

(1)This section applies in relation to the following proceedings, namely—

(a)trials on indictment for any offence to which section 32(2) above applies;

(b)appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968 in respect of any such offence; and

(c)proceedings in youth courts for any such offence and appeals to the Crown Court arising out of such proceedings.

(2)In any such proceedings a video recording of an interview which—

(a)is conducted between an adult and a child who is not the accused or one of the accused (“the child witness”); and

(b)relates to any matter in issue in the proceedings,

may, with the leave of the court, be given in evidence in so far as it is not excluded by the court under subsection (3) below.

(3)Where a video recording is tendered in evidence under this section, the court shall (subject to the exercise of any power of the court to exclude evidence which is otherwise admissible) give leave under subsection (2) above unless—

(a)it appears that the child witness will not be available for cross-examination;

(b)any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court; or

(c)the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted;

and where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded.

(4)In considering whether any part of a recording ought to be excluded under subsection (3) above, the court shall consider whether any prejudice to the accused, or one of the accused, which might result from the admission of that part is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.

(5)Where a video recording is admitted under this section—

(a)the child witness shall be called by the party who tendered it in evidence;

(b)that witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony.

(6)Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed by the recording shall be treated as if given by that witness in direct oral testimony; and accordingly—

(a)any such statement shall be admissible evidence of any fact of which such testimony from him would be admissible;

(b)no such statement shall be capable of corroborating any other evidence given by him;

and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn (as to its accuracy or otherwise).

(7)In this section “child” means a person who—

(a)in the case of an offence falling within section 32(2)(a) or (b) above, is under fourteen years of age or, if he was under that age when the video recording was made, is under fifteen years of age; or

(b)in the case of an offence falling within section 32(2)(c) above, is under seventeen years of age or, if he was under that age when the video recording was made, is under eighteen years of age.

(8)Any reference in subsection (7) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) above includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

(9)In this section—

  • statement” includes any representation of fact, whether made in words or otherwise;

  • video recording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.

(10)A magistrates’ court inquiring into an offence as examining justices under section 6 of the Magistrates’ Courts Act 1980 may consider any video recording as respects which leave under subsection (2) above is to be sought at the trial, notwithstanding that the child witness is not called at the committal proceedings.

(11)Without prejudice to the generality of any enactment conferring power to make rules of court, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

(12)Nothing in this section shall prejudice the admissibility of any video recording which would be admissible apart from this section.]

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Amendments (Textual)

F152S. 54 repealed (24.7.2002 except insofar as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(iv)(bb)

Commencement Information

I25S. 54 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

55 Further amendments of enactments relating to children’s evidence.E+W

(1)In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—

(5)In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.

(2)In subsection (1) of section 32 of the 1988 Act (evidence through television links)—

(a)for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and

(b)[F153for paragraph (b) there shall be substituted the following paragraph—

(b)the witness is a child, or is to be cross-examined following the admission under section 32A below of a video recording of testimony from him, and the offence is one to which subsection (2) below applies,.]

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

(1A)This subsection applies—

(a)to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968; and

(b)to proceedings in youth courts and appeals to the Crown Court arising out of such proceedings.

(4)[F154After subsection (3) of that section there shall be inserted the following subsections—

(3A)Where, in the case of any proceedings before a youth court—

(a)leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and

(b)suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,

the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.

(3B)A place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.]

F155(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F156After subsection (5) of that section there shall be inserted the following subsection—

(6)Subsection (7) of section 32A below shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.]

(7)After section 34 of the 1988 Act there shall be inserted the following section—

34A Cross-examination of alleged child victims.

(1)No person who is charged with an offence to which section 32(2) above applies shall cross-examine in person any witness who—

(a)is alleged—

(i)to be a person against whom the offence was committed; or

(ii)to have witnessed the commission of the offence; and

(b)is a child, or is to be cross-examined following the admission under section 32A above of a video recording of testimony from him.

(2)Subsection (7) of section 32A above shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.

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Amendments (Textual)

F153S. 55(2)(b) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

F154S. 55(4) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

F156S. 55(6) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)

Commencement Information

I26S. 55 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Responsibilities of parent or guardianE+W

56 Attendance at court of parent or guardian.E+W

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—

34A Attendance at court of parent or guardian.

(1)Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—

(a)may in any case; and

(b)shall in the case of a child or a young person who is under the age of sixteen years,

require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.

(2)In relation to a child or young person for whom a local authority have parental responsibility and who—

(a)is in their care; or

(b)is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,

the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.

In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

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Commencement Information

I27S. 56 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

F15757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F157S. 57 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F15858. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F158S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Detention etc. pending trialE+W

59 Detention at a police station.E+W

In section 38 of the M20Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—

(6)Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a)that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b)in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.

(6A)In this section—

  • local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

  • secure accommodation” means accommodation provided for the purpose of restricting liberty;

  • sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;

and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

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Commencement Information

I28S. 59 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

60 Remands and committals to local authority accommodation.E+W

F159(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—

(a)in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;

(b)in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and

(c)after that subsection there shall be inserted the following subsection—

(3)Where a person committed in custody under subsection (1) above is less than 17 years old—

(a)he shall be committed to accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) and

(b)the court by which he is so committed shall impose a security requirement within the meaning of section 23 of the Children and Young Persons Act 1969.

(3)In the case of a child or young person who has been remanded F160... to local authority accommodation [F161under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the M21Children Act 1989 [F162or section 119 of the Social Services and Well-being (Wales) Act 2014] (use of accommodation for restricting liberty) shall, notwithstanding anything in section [F16392(7)] [F164of the Children Act 1989], be made to that court.

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Amendments (Textual)

F163Words in s. 60(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 127; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I29S. 60 wholly in force at 1.6.1999; s. 60(3) in force at 14.10.1991, see s. 102(2)(3) and S.I. 1991/2208, art. 2(1), Sch. 1; s. 60(1)(2)(a) in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2; s. 60(2)(b)(c) in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.

S. 60(2)(b)(c) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3(which art. 2(5), Sch. 3 was revoked (16.1999) by S.I. 1999/1280, art. 2)

Marginal Citations

F16561 Provision by local authorities of secure accommodation.E+W

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

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Amendments (Textual)

F16661A Cost of secure accommodation.E+W

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

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Amendments (Textual)

62F167 Transitory provisions pending provision of secure accommodation.E+W

(1)In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.

(2)In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.

(3)For subsections (4) and (5) there shall be substituted the following subsections—

(4)Where a court declares a person to be one to whom subsection (5) below applies, it shall remand him—

(a)to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and

(b)to a prison, if it has not been so notified.

(4A)A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—

(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.

(5)This subsection applies to a young person who is male and has attained the age of fifteen, but only if—

(a)he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

(b)he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,

and (in either case) the court is of opinion that only remanding him to a remand centre or prison would be adequate to protect the public from serious harm from him.

(4)In subsection (6)—

(a)for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and

(b)for the words “subsection (5) above” there shall be substituted the words “that subsection”.

(5)In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.

(6)After subsection (9) there shall be inserted the following subsection—

(9A)Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, he shall cease to be remanded to local authority accommodation and subsection (4) above shall apply.

(7)In subsection (12), the definition of “secure accommodation” shall be omitted.

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Amendments (Textual)

F167S. 62 repealed and superseded (1.6.1999) by 1998 c. 37, ss. 98(7), 120(1), Sch. 10; S.I. 1999/1279, art. 2

Young offendersE+W

F16863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F168S. 63 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F16964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F17065 Supervision of young offenders after release.E+W

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

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Amendments (Textual)

F170S. 65 repealed (3.12.2012 for the repeal of s. 65(1), 1.5.2013 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 63, Sch. 37 Pt. 7; S.I. 2012/2905, art. 3(1)

F17166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F171S. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F17267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F172S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

MiscellaneousE+W

68 Persons aged 17 to be treated as young persons for certain purposes.E+W

The following enactments, namely—

(a)the Children and Young Persons Acts 1933 to 1969;

(b)section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);

F173(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(d)the 1980 Act,

shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.

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Amendments (Textual)

Commencement Information

I30S. 68 wholly in force (except for specified purposes, see S.I. 1992/333, art. 2(4)) at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

69 Non-appearance of persons aged 16 or 17: plea of guilty.E+W

F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

70 Renaming of juvenile courts etc.E+W

(1)Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

(2)Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

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Commencement Information

I31S. 70 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

71 Amendments to service law.E+W

F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F175S. 71 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

72 Repeal of certain provisions not brought in force.E+W

F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part IVE+W Provision of Services

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Modifications etc. (not altering text)

C33Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)

Probation servicesE+W

F17773. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F177S. 73 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F17874. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F178S. 74 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F17975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F179S. 75 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Court securityE+W

76 Provision of court security officers.E+W

F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

77 Powers and duties of court security officers.E+W

F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

78 Protection of court security officers.E+W

F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F18379 Duties of responsible authorities.E+W

(1)In section 55(2) (duties of local authorities outside Greater London) of the Justices of the M22Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—

(b)the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

(i)secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Act 1975, and

(ii)state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;

(bb)the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;.

(2)In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—

(b)the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

(i)secondary Class I contributions payable in respect of any such officers under Part I of the Social Security Act 1975, and

(ii)state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;

(bb)the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;.]

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Amendments (Textual)

F183S. 79 repealed (1.4.1995 so far as it applies to s. 55(2) of the 1979 Act and otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, arts. 4(n), 8(v)

Commencement Information

I32S. 79 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

Marginal Citations

Prisoner escortsE+W

80 Arrangements for the provision of prisoner escorts.E+W

(1)The Secretary of State may make arrangements for any of the following functions, namely—

[F184(a)the delivery of prisoners from one set of relevant premises to another;]

(b)the custody of prisoners held on [F185the premises of any court] (whether or not they would otherwise be in the custody of the court) and their production before the court;

[F186(c)the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and]

(e)the custody of prisoners while they are outside a prison for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

[F187(1A)In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.]

(2)Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

(3)Any person who, under [F188a warrant or a hospital order or remand], is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with [F188the warrant, order or remand] if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

[F189(4)In this section—

  • hospital” has the same meaning as in the M23Mental Health Act 1983;

  • hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the M24Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M25Criminal Appeal Act 1968;

  • hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

  • warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.]

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Amendments (Textual)

F184S. 80(1)(a) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(a).

F185Words in s. 80(1)(b) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(b).

F186S. 80(1)(c) substituted (3.11.1994) for s. 80(1)(c)(d) by 1994 c. 33, s. 93(1)(c).

F187S. 80(1A) inserted (3.11.1994) by 1994 c. 33, s. 93(2).

F188Words in s. 80(3) substituted (3.11.1994) by 1994 c. 33, s. 93(3).

F189S. 80(4) inserted (3.11.1994) by 1994 c. 33, s. 93(4).

Modifications etc. (not altering text)

C34S. 80: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(g)

Commencement Information

I33S. 80 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

81 Monitoring etc. of prisoner escort arrangements.E+W

(1)Prisoner escort arrangements shall include the appointment of—

(a)a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b)a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2)It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

(a)any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and

(b)any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

(3)Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

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Modifications etc. (not altering text)

C35S. 81(1)(a)(2): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(b)

Commencement Information

I34S. 81 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

82 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.E+W

(1)A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

(a)to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b)to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.

(2)The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.

(3)A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

(a)to prevent their escape from lawful custody;

(b)to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c)to ensure good order and discipline on their part;

(d)to attend to their wellbeing; and

(e)to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

[F190(4)Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

(a)in the case of the Crown Court, under [F191section 142 of the Powers of Criminal Courts (Sentencing) Act 2000]](power of Court to order search of persons before it); or

(b)in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

(5)The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) and (4) above, shall include power to use reasonable force where necessary.

(6)The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F190S. 82(4) substituted (3.11.1994) by 1994 c. 33, s. 94(1).

F191Words in s. 82(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 146

Commencement Information

I35S. 82 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[83F192Breaches of discipline by prisoners under escort.E+W

(1)This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

(2)For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been—

(a)in the custody of the governor of the prison; or

(b)in the case of a contracted out prison, in the custody of its director,

at all times during the period for which the prisoner custody officer was so responsible.

(3)In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

(4)Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

(5)In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.]

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Amendments (Textual)

F192S. 83 substituted (3.11.1994) by 1994 c. 33, s.95.

Contracted out prisonsE+W

[84F193Contracting out prisons etc.E+W

(1)The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

(2)While a contract under this section for the running of a prison or part of a prison is in force—

(a)the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

(b)in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3)Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a)Part II of the M26Landlord and Tenant Act 1954 (security of tenure);

(b)section 146 of the M27Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c)section 19(1), (2) and (3) of the M28Landlord and Tenant Act 1927 and the M29Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d)the M30Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4)In this Part—

  • contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

  • the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

  • sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.]

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Amendments (Textual)

F193S. 84 substituted (3.11.1994) by 1994 c. 33, s.96.

Marginal Citations

85 Officers of contracted out prisons.E+W

(1)Instead of a governor, every contracted out prison shall have—

(a)a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

(b)a controller, who shall be a Crown servant appointed by the Secretary of State;

and every officer of such a prison who performs custodial duties shall [F194(subject to section 86B)] be a prisoner custody officer who is authorised to perform such duties [F195or a prison officer who is temporarily attached to the prison].

(2)F196. . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.

(3)F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

(a)to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

(b)to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison [F198or prison officers who are temporarily attached to the prison].

(5)[F199The contractor and any sub-contractor of his shall each]be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

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Amendments (Textual)

F195Words in s. 85(1) inserted (3.11.1994) by 1994 c. 33, s. 97(1).

F198Words in s. 85(4)(b) inserted (3.11.1994) by 1994 c. 33, s. 97(2).

F199Words in s. 85(5) substituted (3.11.1994) by 1994 c. 33, s. 101(1).

Commencement Information

I36S. 85 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

86 Powers and duties of prisoner custody officers employed at contracted out prisons.E+W

(1)A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—

(a)to search in accordance with prison rules any prisoner who is confined in the prison; and

(b)to search [F200in accordance with prison rules] any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.

(2)The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to [F201submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).] .

(3)A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—

(a)to prevent their escape from lawful custody;

(b)to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c)to ensure good order and discipline on their part; and

(d)to attend to their wellbeing.

(4)The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.

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Amendments (Textual)

Commencement Information

I37S. 86 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[F20286APower of prisoner custody officers to detain suspected offendersE+W

(1)A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).

(2)Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—

(a)require the person to wait with him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and

(b)use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).

(3)A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4)In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.]

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Amendments (Textual)

Modifications etc. (not altering text)

[F20386BPowers of authorised persons to perform custodial dutiesE+W

(1)In this section—

  • restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—

    (a)

    a prisoner custody officer authorised to perform custodial duties; or

    (b)

    a prison officer temporarily attached to the prison; and

  • worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.

(2)The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.

(3)A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.

(4)The director may give such authorisation—

(a)in general or specific terms, subject to any limitations or conditions he considers appropriate; and

(b)to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.

(5)Nothing in an order or authorisation under this section is to be taken as authorising the use of force.

(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

87 Consequential modifications of 1952 Act.E+W

(1)In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.

(2)In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.

[F204(3)Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).]

(4)In sections [F2058A(3), (4) and (5)] 10(5), 12(3), 13(1) [F20616A][F20716B]and 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.

[F208(4A)Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.]

[(5)In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.]

(6)In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F209or a prison officer who is temporarily attached to the prison].

(7)In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F209or a prison officer who is temporarily attached to the prison].

(8)Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.

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Amendments (Textual)

F207Words in s. 87(4) inserted (21.5.1997) by 1997 c. 38, ss.2, 3(2).

F208S. 87(4A) inserted (3.11.1994) by 1994 c. 33, s. 97(4).

F209Words in s. 87(6)(7) inserted (3.11.1994) by 1994 c. 33, s. 97(5).

Modifications etc. (not altering text)

C38S. 87 has effect (9.7.1992) by S.I. 1992/1656, art. 3 as if s. 87(5) were omitted (which S.I. is revoked (24.2.1993) by S.I. 1993/368, art. 2.)

S. 87 has effect (24.02.1993) by S.I. 1993/368, art. 4 as if subsection (5) were omitted.

Commencement Information

I38S. 87 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

88 Intervention by the Secretary of State.E+W

(1)This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

(a)that the director has lost, or is likely to lose, effective control of the prison or any part of it; and

(b)that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

(2)The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

(a)beginning with the time specified in the appointment; and

(b)ending with the time specified in the notice of termination under subsection (4) below.

(3)During that period—

(a)all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

(b)[F210the contractor and any sub-contractor of his shall each] do all that he reasonably can to facilitate the exercise by the governor of those functions; and

(c)the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

(4)Where the Secretary of State is satisfied—

(a)that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

(b)that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

(5)As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, [F211any sub-contractor of his,]the director and the controller.

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Amendments (Textual)

F210Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2).

F211Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3).

Commencement Information

I39S. 88 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[F212Contracted out functionsE+W

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Amendments (Textual)

F212S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

F21388A Contracted out functions at directly managed prisons.E+W

(1)The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

(2)[F214Sections 86 and 86A] above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as [F215they apply] in relation to such an officer performing custodial duties at a contracted out prison.

(3)In relation to a directly managed prison—

(a)the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and

(b)the reference in section 14(2) of that Act (cells) to a prison officer,

shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

(4)Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

(5)In this Part—

  • contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;

  • directly managed prison” means a prison which is not a contracted out prison.]

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Amendments (Textual)

F213S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

SupplementalE+W

89 Certification of prisoner custody officersE+W

(1)In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

(a)that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

(b)that he is accordingly authorised to perform them.

(2)The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.

(3)In this section and Schedule 10 to this Act—

  • custodial duties” means custodial duties at a [F216contracted out or directly managed prison];

  • escort functions” means the functions specified in section 80(1) above.

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Amendments (Textual)

F216Words in s. 89(3) substituted (3.11.1994) by 1994 c. 33, s. 101(4).

Modifications etc. (not altering text)

C39S. 89: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)

Commencement Information

I40S. 89 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

90 Protection of prisoner custody officers.E+W

(1)Any person who assaults a prisoner custody officer

[F217(a)acting in pursuance of prisoner escort arrangements;

(b)performing custodial duties at a contracted out prison; or

(c)performing contracted out functions at a directly managed prison,]

shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2)Section 17(2) of the M31Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(3)Any person who resists or wilfully obstructs a prisoner custody officer

[F217(a)acting in pursuance of prisoner escort arrangements;

(b)performing custodial duties at a contracted out prison; or

(c)performing contracted out functions at a directly managed prison,]

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

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Amendments (Textual)

F217Words in s. 90(1)(3) substituted (3.11.1994) by 1994 c. 33, s. 101(5).

Commencement Information

I41S. 90 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

91 Wrongful disclosure of information.E+W

(1)A person who

[F218(a)is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or

(b)is or has been employed to perform contracted out functions at a directly managed prison,]

shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

(2)A person guilty of an offence under subsection (1) above shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

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Amendments (Textual)

F218Words in s. 91(1) substituted (3.11.1994) by 1994 c. 33, s. 101(6).

Commencement Information

I42S. 91 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

92 Interpretation of Part IV.E+W

(1)In this Part [F219unless the context otherwise requires]

  • contracted out prison” and “the contractor” have the meanings given by [F220section 84(4)] above;

  • [F221contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) above;]

  • F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • prison” includes a young offender institution or remand centre;

  • [F221prison officer” means an officer of a directly managed prison;

  • prison rules” means rules made under section 47 of the 1952 Act;]

  • [F224prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;]

  • prisoner custody officer” has the meaning given by section 89(1) above;

  • prisoner escort arrangements” has the meaning given by section 80(2) above.

  • [F221sub-contractor” has the meaning given by section 84(4) above.]

[F225(1A)Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.]

F226(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—

(a)any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons [F227remanded [F228to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012]] by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and

(b)any reference in [F227section 80(1)(c) or (e) or (1A)] above to a prison included a reference to [F229accommodation in which a person is or is to be accommodated pursuant to such a remand].

[F230(4)In sections 80, 82 and 83 above, “prison”—

(a)so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the M32Prisons (Scotland) Act 1989; and

(b)so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.]

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Amendments (Textual)

F219Words in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(a).

F220Words in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 101(7)(b).

F221Definitions in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(c)-(e).

F222S. 92(1): definition of "court-house" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(2); Sch. 10, S.I. 2005/910, {art. 3(y)}

F223S. 92(1): definition of "court security officer" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(2); Sch. 10, S.I. 2005/910, {art. 3(y)}

F224Definition in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 93(5).

F225S. 92(1A) inserted (3.11.1994) by 1994 c. 33, s. 98.

F226S. 92(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(3); Sch. 10, S.I. 2005/910, {art. 3(y)}

F227Words in s. 92(3) substituted (3.11.1994) by 1994 c. 33, s. 93(6).

F230S. 92(4) inserted (3.11.1994) by 1994 c. 33, s. 93(7).

Commencement Information

I43S. 92 partly in force; s. 92(3) not in force; s. 92(1) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 92(2) in force at 1.4.1992 see S.I. 1992/333, art. 2(1), Sch. 1

S. 92(3) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3

Marginal Citations

Part VE+W Financial and Other Provisions

Cash limitsE+W

93 Cash limits for magistrates’ courts.E+W

F231(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the following subsection—

(2A)Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which would—

(a)cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (3)(b) of that section; or

(b)cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

F232(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I44S. 93 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

F23394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F233S. 94 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

MiscellaneousE+W

95 Information for financial and other purposes.E+W

(1)The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—

(a)enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions;

[F234(aa)enabling such persons to become aware of the relative effectiveness of different sentences—

(i)in preventing re-offending, and

(ii)in promoting public confidence in the criminal justice system; ] or

(b)facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.

(2)Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F234S. 95(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 175, 336, S.I. 2005/950, {art. 2}, Sch. 1 (subject to Sch. 2 (as amended by S.I. 2005/2122, art. 2))

Commencement Information

I45S. 95 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

F23596. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F235S. 96 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F23697. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F236S. 97 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Part VIE+W+S+N.I. Supplemental

98 Expenses etc. under Act.E+W

There shall be paid out of money provided by Parliament—

(a)any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above F237. . .;

(b)any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;

(c)any administrative expenses incurred by the Secretary of State under this Act; and

(d)any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F237Words in s. 98(a) repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Commencement Information

I46S. 98 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

99 General interpretation.E+W+S+N.I.

(1)In this Act—

  • the 1933 Act” means the M33Children and Young Persons Act 1933;

  • the 1952 Act” means the M34Prison Act 1952;

  • the 1967 Act” means the M35Criminal Justice Act 1967;

  • the 1969 Act” means the M36Children and Young Persons Act 1969;

  • the 1973 Act” means the M37Powers of Criminal Courts Act 1973;

  • F238. . .

  • the 1980 Act” means the M38Magistrates’ Courts Act 1980;

  • the 1982 Act” means the M39Criminal Justice Act 1982;

  • the 1983 Act” means the M40Mental Health Act 1983;

  • the 1988 Act” means the M41Criminal Justice Act 1988;

  • child”, unless the contrary intention appears, means a person under the age of fourteen years;

  • [F239local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

  • prison rules” means rules made under section 47 of the 1952 Act;

  • young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.

  • [F240youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

(2)For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F238Definition in s. 99(1) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I.

F239S. 99(1): definition of

local probation board

inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 110; S.I. 2001/919, art. 2(f)(ii)

F240Definition of “youth offending team” in s. 99(1) inserted (30.9.1998 for areas specified in S.I. 1998/2327, art. 3(1), Sch. 1 and subject to art. 9 of that S.I., otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 95; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)

Commencement Information

I47S. 99 wholly in force; s. 99(1) (save for the definitions of "child" and "young person") in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 99 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch . 2.

Marginal Citations

100 Minor and consequential amendments.E+W+S+N.I.

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48S. 100 wholly in force at 1.6.1999; S. 100 in force for certain purposes at 14.10.1991 and for further purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1)(4) and Schs. 1 and 3; s. 100 in force for certain purposes at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1; s. 100 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 100 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.

S. 100 shall come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is revoked (1.6.1999) by S.I. 1999/1280, art. 2)

101 Transitional provisions, savings and repeals.E+W+S+N.I.

(1)The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M42Interpretation Act 1978 (which relate to the effect of repeals).

(2)The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49S. 101 partly in force; s. 101(1) in force for certain purposes 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 101(1) in force for certain purposes at 25.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2) and Sch. 2; s. 101(2) in force for certain purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 101 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 101 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.

S. 101 to come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is repealed (1.6.1999) by S.I. 1999/1280, art. 2)

Marginal Citations

102 Short title, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Criminal Justice Act 1991.

(2)This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.

(3)Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4)Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5)The following provisions of this Act, namely—

(a)this section;

(b)sections 16, 17(1) and (2), 24 and 26(3) and (4); and

(c)Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, F241. . . and, so far as relating to the M43Social Work (Scotland) Act 1968, Schedule 13,

also extend to Scotland; and section 23(2) above and, in so far as relating to the M44Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

(6)This section, section 16 above, Schedule 3 to this Act, F242. . . and, so far as relating to the M45Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.

(7)An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—

(a)section 37 of that Act as amended by section 17(1) above; and

(b)section 32 of the 1980 Act as amended by section 17(2) above,

shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.

[F243(7A)Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.]

(8)Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the M46Army Act 1955, the M47Air Force Act 1955, the M48Naval Discipline Act 1957 or the M49Armed Forces Act 1991.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1S. 102(2)(3) power exercised by S.I. 1991/2208

S. 102(2)(3) power exercised by S.I. 1991/2706

P2S. 102(2)(3) power exercised (21.2.1992): different dates appointed for specified provisions by S.I. 1999/333, art. 2(1)(2) (as amended by S.I. 1999/2118)

S. 102(2)(3) power partly exercised (11.12.1994): 9.1.1995 appointed day by 1994/3191

P3S. 102(2) power partly exercised (4.5.1999): 1.6.1999 appointed for specific provisions by S.I. 1999/1280, art. 3, Sch.

Amendments (Textual)

F241Words in s. 102(5)(c) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F242Words in s. 102(6) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F243S. 102(7A) inserted (3.11.1994) by 1994 c. 33, s. 101(8).

Commencement Information

I50S. 102 so far as not in force wholly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1

Marginal Citations

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