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Crime and Disorder Act 1998

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part IE+W+S Prevention of crime and disorder

Chapter IE+W England and Wales

Crime and disorder: generalE+W

1 Anti-social behaviour orders.E+W

(1)An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—

(a)that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and

[F1(b)that such an order is necessary to protect relevant persons from further anti-social acts by him.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F3(1A)In this section and sections 1B and 1E “relevant authority” means—

(a)the council for a local government area;

(b)the chief officer of police of any police force maintained for a police area;

(c)the chief constable of the British Transport Police Force; or

(d)any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.]

[F4(1B)In this section “relevant persons” means—

(a)in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

(b)in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c)in relation to a relevant authority falling within paragraph (c) of that subsection—

(i)persons who are on or likely to be on policed premises in a local government area; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises;

(d)in relation to a relevant authority falling within paragraph (d) of that subsection—

(i)persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises.]

(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Such an application shall be made by complaint to the magistrates’ court whose commission area includes [F6the local government area or police area concerned]

(4)If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.

(5)For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

[F7(6)The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.]

(7)An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.

(8)Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.

(9)Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.

(10)If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he [F8is guilty of an offence and] liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(11)Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F9section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12)In this section—

  • [F10British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

  • the commencement date” means the date of the commencement of this section;

  • local government area” means—

    (a)

    in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

    (b)

    in relation to Wales, a county or county borough.

  • [F11policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.]

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Amendments (Textual)

F8Words in s. 1(10) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(8) (with s. 61(10)); S.I. 2002/2750 {art. 2(a)(vii)}

F9Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F10S. 1(12): definition of "British Transport Police Force" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F11S. 1(12): definition of "policed premises" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

Modifications etc. (not altering text)

C1S. 1(11) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))

[F121A Power of Secretary of State to add to relevant authoritiesE+W
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Amendments (Textual)

The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.]

[F131C Orders on conviction in criminal proceedingsE+W
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Amendments (Textual)

(1)This section applies where a person (the “offender”) is convicted of a relevant offence.

(2)If the court considers—

(a)that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and

(b)that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,

it may make an order which prohibits the offender from doing anything described in the order.

(3)The court may make an order under this section whether or not an application has been made for such an order.

(4)An order under this section shall not be made except—

(a)in addition to a sentence imposed in respect of the relevant offence; or

(b)in addition to an order discharging him conditionally.

(5)An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.

(6)An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged.

(7)In the case of an order under this section made by a magistrates’ court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates’ court acting for the same petty sessions area as that court.

(8)No application may be made under subsection (6) for the discharge of an order before the end of the period of two years beginning with the day on which the order takes effect.

(9)Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

(10)In this section—

  • the commencement date” has the same meaning as in section 1 above;

  • the court” in relation to an offender means—

    (a)

    the court by or before which he is convicted of the relevant offence; or

    (b)

    if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and

  • relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]

[F141D Interim ordersE+W
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Amendments (Textual)

F14S. 1D inserted (2.12.2002 for s. 1D(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 65(1), 108(2); S.I. 2002/2750, art. 2(a)(vii)

(1)The applications to which this section applies are—

(a)an application for an anti-social behaviour order; and

(b)an application for an order under section 1B.

(2)If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application (“the main application”), it may make such an order.

(3)An order under this section is an order which prohibits the defendant from doing anything described in the order.

(4)An order under this section—

(a)shall be for a fixed period;

(b)may be varied, renewed or discharged;

(c)shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.

(5)Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.]

[F151E Consultation requirementsE+W
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Amendments (Textual)

F15S. 1E inserted (2.12.2002 for s. 1E(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 66; S.I. 2002/2750, art. 2(a)(vii)

(1)This section applies to—

(a)applications for an anti-social behaviour order; and

(b)applications for an order under section 1B.

(2)Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

(3)Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.

(4)Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a)the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and

(b)the chief officer of police of the police force maintained for the police area within which that local government area lies.]

2 Sex offender orders.E+W

(1)If it appears to a chief officer of police that the following conditions are fulfilled with respect to any person [F16who he believes is in, or is intending to come to, his police area] , namely—

(a)that the person is a sex offender; and

(b)that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F17the public in the United Kingdom, or any particular members of that public,] from serious harm from him,

the chief officer may apply for an order under this section to be made in respect of the person.

(2)Such an application shall be made by complaint to F18

[F19(a)any magistrates’ court]

[F20; or]

[F21(b)any magistrates’ court whose commission area includes any part of the applicant’s police area.]

whose commission area includes any place where it is alleged that the defendant acted in such a way as is mentioned in subsection (1)(b) above.

(3)If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (a “sex offender order”) which prohibits the defendant from doing anything described in the order.

(4)The prohibitions that may be imposed by a sex offender order are those necessary for the purpose of protecting [F22the public in the United Kingdom, or any particular members of that public,] from serious harm from the defendant.

(5)A sex offender order shall have effect for a period (not less than five years) specified in the order or until further order; and while such an order has effect, Part I of the M1Sex Offenders Act 1997 shall have effect as if—

(a)the defendant were subject to the notification requirements of that Part; and

(b)in relation to the defendant, the relevant date (within the meaning of that Part) were the date of service of the order.

(6)Subject to subsection (7) below, the applicant [F23, any other relevant chief officer of police] or the defendant may apply by complaint to [F24the appropriate court for the sex offender order] to be varied or discharged by a further order.

[F25(6A)In subsection (6) above—

  • the appropriate court” means—

    (a)

    the court which made the sex offender order; or

    (b)

    any magistrates’ court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;

  • relevant chief officer of police” means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.]

(7)Except with the consent of both parties [F26and subject to subsection (7A) below] , no sex offender order shall be discharged before the end of the period of five years beginning with the date of service of the order.

[F27(7A)Where any magistrates’ court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.]

(8)If without reasonable excuse a person does anything which he is prohibited from doing by a sex offender order, he [F28is guilty of an offence and] liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9)Where a person is convicted of an offence under subsection (8) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F29section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

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Amendments (Textual)

F18S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a); S.I. 2002/2750, art. 2(a)(viii)

F19S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a); S.I. 2002/2750, art. 2(a)(viii)

F22Words in s. 2(4) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(4)(10); S.I. 2002/2750, art. 2(a)(viii)

F23Words in s. 2(6) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(a)(10); S.I. 2002/2750, art. 2(a)(viii)

F24Words in s. 2(6) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(b)(10); S.I. 2002/2750, art. 2(a)(viii)

F25S. 2(6A) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(6)(10); S.I. 2002/2750, art. 2(a)(viii)

F29Words in s. 2(9) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 193

Modifications etc. (not altering text)

C2S. 2(9) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)(with savings in arts. 5-8))

Marginal Citations

[F302A Interim orders: sex offendersE+W
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Amendments (Textual)

(1)This section applies where an application for a sex offender order (“the main application”) to a magistrates’ court has not been determined.

(2)The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.

(3)The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.

(4)An interim order—

(a)shall have effect for the period specified in the order;

(b)shall (if still in force) cease to have effect on the determination of the main application.

(5)While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—

(a)the defendant were subject to the notification requirements of that Part; and

(b)in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.

(6)The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order.

(7)If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.

(8)A person guilty of an offence under subsection (7) above shall be liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9)Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b)(conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence.]

[F312B Sex offender orders made in Scotland or Northern IrelandE+W
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Amendments (Textual)

(1)If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—

(a)an order under section 20(4) below; or

(b)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

he is guilty of an offence.

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

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(3)Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.]

3 Sex offender orders: supplemental.E+W

(1)In section 2 above and this section “sex offender” means a person who—

(a)has been convicted of a sexual offence to which Part I of the M2Sex Offenders Act 1997 applies;

(b)has been found not guilty of such an offence by reason of insanity, or found to be under a disability and to have done the act charged against him in respect of such an offence;

(c)has been cautioned by a constable, in England and Wales or Northern Ireland, in respect of such an offence which, at the time when the caution was given, he had admitted; or

(d)has been punished under the law in force in a country or territory outside the United Kingdom for an act which—

(i)constituted an offence under that law; and

(ii)would have constituted a sexual offence to which that Part applies if it had been done in any part of the United Kingdom.

(2)In subsection (1) of section 2 above “the relevant date”, in relation to a sex offender, means—

(a)the date or, as the case may be, the latest date on which he has been convicted, found, cautioned or punished as mentioned in subsection (1) above; or

(b)if later, the date of the commencement of that section.

(3)Subsections (2) and (3) of section 6 of the M3Sex Offenders Act 1997 apply for the construction of references in subsections (1) and (2) above as they apply for the construction of references in Part I of that Act.

(4)In subsections (1) and (2) above, any reference to a person having been cautioned shall be construed as including a reference to his having been reprimanded or warned (under section 65 below) as a child or young person.

(5)An act punishable under the law in force in any country or territory outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) above, however it is described in that law.

(6)Subject to subsection (7) below, the condition in subsection (1)(d)(i) above shall be taken to be satisfied unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;

(b)showing his grounds for that opinion; and

(c)requiring the applicant to show that it is satisfied.

(7)The court, if it thinks fit, may permit the defendant to require the applicant to show that the condition is satisfied without the prior service of a notice under subsection (6) above.

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Marginal Citations

4 Appeals against orders.E+W

(1)An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F32, an order under section 1D above,][F33, a sex offender order or an order under section 2A above] .

(2)On such an appeal the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(3)Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) or 2(6) above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

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Amendments (Textual)

Commencement Information

I1S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5

Crime and disorder strategiesE+W

5 Authorities responsible for strategies.E+W

(1)Subject to the provisions of this section, the functions conferred by section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—

(a)the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and

(b)every chief officer of police any part of whose police area lies within the area.

[F34(1A)The Secretary of State may by order provide in relation to any two or more local government areas in England—

(a)that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and

(b)that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.

(1B)The Secretary of State shall not make an order under subsection (1A) above unless—

(a)an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and

(b)he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.]

(2)In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely—

[F35(b)every local probation board any part of whose area lies within the area;]

(c)every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection

[F36; and

(d)where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]

and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.

(3)The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection.

(4)In this section and sections 6 and 7 below “local government area” means—

(a)in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

(b)in relation to Wales, each county or county borough.

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Amendments (Textual)

F34S. 5(1A)(1B) inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(3); S.I. 2002/2306, art. 3(a)

F35S. 5(2)(b) substituted (1.10.2002 for E. otherwise prosp.) for s. 5(a)(b) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a)

F36S. 5(2)(d) and preceding word inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a)

Modifications etc. (not altering text)

C3S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I2S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

6 Formulation and implementation of strategies.E+W

(1)The responsible authorities for a local government area shall, in accordance with the provisions of section 5 above and this section, formulate and implement, for each relevant period,

[F37(a)in the case of an area in England—

(i)a strategy for the reduction of crime and disorder in the area; and

(ii)a strategy for combatting the misuse of drugs in the area;

and

(b)in the case of an area in Wales—

(i)a strategy for the reduction of crime and disorder in the area; and

(ii)a strategy for combatting substance misuse in the area.]

(2)Before formulating a strategy, the responsible authorities shall—

[F38(a)carry out, taking due account of the knowledge and experience of persons in the area, a review—

(i)in the case of an area in England, of the levels and patterns of crime and disorder in the area and of the level and patterns of the misuse of drugs in the area; and

(ii)in the case of an area in Wales, of the levels and patterns of crime and disorder in the area and of the level and patterns of substance misuse in the area;]

(b)prepare an analysis of the results of that review;

(c)publish in the area a report of that analysis; and

(d)obtain the views on that report of persons or bodies in the area (including those of a description prescribed by order under section 5(3) above), whether by holding public meetings or otherwise.

(3)In formulating a strategy, the responsible authorities shall have regard to the analysis prepared under subsection (2)(b) above and the views obtained under subsection (2)(d) above.

(4)A strategy shall include—

(a)objectives to be pursued by the responsible authorities, by co-operating persons or bodies or, under agreements with the responsible authorities, by other persons or bodies; and

(b)long-term and short-term performance targets for measuring the extent to which such objectives are achieved.

(5)After formulating a strategy, the responsible authorities shall publish in the area a document which includes details of—

(a)co-operating persons and bodies;

(b)the review carried out under subsection (2)(a) above;

(c)the report published under subsection (2)(c) above; and

(d)the strategy, including in particular—

(i)the objectives mentioned in subsection (4)(a) above and, in each case, the authorities, persons or bodies by whom they are to be pursued; and

(ii)the performance targets mentioned in subsection (4)(b) above.

(6)While implementing a strategy, the responsible authorities shall keep it under review with a view to monitoring its effectiveness and making any changes to it that appear necessary or expedient.

[F39(6A)Within one month of the end of each reporting period, the responsible authorities shall submit a report on the implementation of their strategies during that period—

(a)in the case of a report relating to the strategies for an area in England, to the Secretary of State; and

(b)in the case of a report relating to the strategies for an area in Wales, to the Secretary of State and to the National Assembly for Wales.]

(7)In this section—

  • co-operating persons or bodies” means persons or bodies co-operating in the exercise of the responsible authorities’ functions under this section;

  • relevant period” means—

    (a)

    the period of three years beginning with such day as the Secretary of State may by order appoint; and

    (b)

    each subsequent period of three years.

  • [F40reporting period” means every period of one year which falls within a relevant period and which begins—

    (a)

    in the case of the first reporting period in the relevant period, with the day on which the relevant period begins; and

    (b)

    in any other case, with the day after the day on which the previous reporting period ends;

  • substance misuse” includes the misuse of drugs or alcohol.]

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Subordinate Legislation Made

P1S. 6: 1.4.1999 appointed day for the purposes of s. 6 by S.I. 1998/3263, art. 7

Amendments (Textual)

F37S. 6(1)(a)(b) substituted (1.10.2002 for E. otherwise prosp.) for words by Police Reform Act 2002 (c. 30), s. 97(7); S.I.2002/2306, art. 3(a)

F38S. 6(2)(a) substituted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(9); S.I. 2002/2306, art. 3(a)

F40S. 6(7): definitions of "reporting period" and "substance misuse" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 97(11); S.I. 2002/2306, art. 2(f)(viii)

Modifications etc. (not altering text)

C4S. 6: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I3S. 6 wholly in force; S. 6 not in force at Royal Assent see s. 121; s. 6 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

[F416A Powers of the Secretary of State and National Assembly for WalesE+W
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Amendments (Textual)

F41S. 6A inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 98; S.I. 2002/2306, art. 3(b)

(1)The Secretary of State may, by order, require—

(a)the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of—

(i)crime of a description specified in the order; or

(ii)disorder of a description so specified.

(b)the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.

(2)After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—

(a)a copy of the strategy, and

(b)a copy of the document which they propose to publish under section 6(5),

to the Secretary of State.

(3)It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.

(4)If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.

(5)In subsections (2) to (4)—

(a)references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and

(b)accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.

(6)In this section—

  • responsible authorities” and “local government area” have same meanings as in sections 5 and 6;

  • section 6 strategy” means a strategy required to be formulated under section 6(1); and

  • substance misuse” has the same meaning as in section 6.]

7 Supplemental.E+W

(1)The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.

(2)A requirement under subsection (1) above may specify the form in which a report is to be given.

(3)The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.

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Commencement Information

I4S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Youth crime and disorderE+W

8 Parenting orders.E+W

(1)This section applies where, in any court proceedings—

(a)a child safety order is made in respect of a child;

(b)an anti-social behaviour order or sex offender order is made in respect of a child or young person;

(c)a child or young person is convicted of an offence; or

(d)a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M4Education Act 1996.

(2)Subject to subsection (3) and section 9(1) below [F42 and to section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000], if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).

(3)A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding twelve months, with such requirements as are specified in the order; and

(b)subject to subsection (5) below, to attend, for a concurrent period not exceeding three months and not more than once in any week, such counselling or guidance sessions as may be specified in directions given by the responsible officer;

and in this subsection “week” means a period of seven days beginning with a Sunday.

(5)A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where such an order has been made in respect of the parent on a previous occasion.

(6)The relevant condition is that the parenting order would be desirable in the interests of preventing—

(a)in a case falling within paragraph (a) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, anti-social behaviour order or sex offender order being made;

(b)in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;

(c)in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M5Education Act 1996.

(7)The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.

(8)In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

(a)[F43an officer of a local probation board] ;

(b)a social worker of a local authority social services department; and

[F44(bb)a person nominated by a person appointed as chief education officer under section 532 of the M6Education Act 1996]

(c)a member of a youth offending team.

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Amendments (Textual)

F42Words in s. 8(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 194

Modifications etc. (not altering text)

C5S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I5S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

9 Parenting orders: supplemental.E+W

(1)Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—

(a)if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and

(b)if it is not so satisfied, shall state in open court that it is not and why it is not.

[F45(1A)Subsection (1) above has effect subject to [F46section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000].]

(2)Before making a parenting order—

(a)in a case falling within paragraph (a) of subsection (1) of section 8 above;

(b)in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or

(c)in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,

a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.

(3)Before making a parenting order, a court shall explain to the parent in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and

(c)that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.

(4)Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—

(a)any conflict with the parent’s religious beliefs; and

(b)any interference with the times, if any, at which he normally works or attends an educational establishment.

(5)If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it—

(a)by cancelling any provision included in it; or

(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6)Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7)If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F45S. 9(1A) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 27 (with Sch. 7 paras. 3(3), 5(2)); 2000/1587, art. 2

F46Words in s. 9(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 195

Commencement Information

I6S. 9 wholly in force; S. 9 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

10 Appeals against parenting orders.E+W

(1)An appeal shall lie—

(a)to the High Court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and

(b)to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.

(2)On an appeal under subsection (1) above the High Court or the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(3)Any order of the High Court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the High Court or the Crown Court.

(4)A person in respect of whom a parenting order is made by virtue of section 8(1)(c) above shall have the same right of appeal against the making of the order as if—

(a)the offence that led to the making of the order were an offence committed by him; and

(b)the order were a sentence passed on him for the offence.

(5)A person in respect of whom a parenting order is made by virtue of section 8(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.

(6)The Lord Chancellor may by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the M7Children Act 1989 (“the 1989 Act”).

(7)Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.

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Commencement Information

I7S. 10 wholly in force at 1.6.2000; S. 10 not in force at Royal Assent see s. 121; S. 10(1)-(5) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 10(6)(7) in force at 1.6.2000 by S.I. 2000/924, art. 5

Marginal Citations

11 Child safety orders.E+W

(1)Subject to subsection (2) below, if a magistrates’ court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—

(a)places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and

(b)requires the child to comply with such requirements as are so specified.

(2)A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

(3)The conditions are—

(a)that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;

(b)that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;

(c)that the child has contravened a ban imposed by a curfew notice; and

(d)that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(4)The maximum period permitted for the purposes of subsection (1)(a) above is three months or, where the court is satisfied that the circumstances of the case are exceptional, 12 months.

(5)The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—

(a)securing that the child receives appropriate care, protection and support and is subject to proper control; or

(b)preventing any repetition of the kind of behaviour which led to the child safety order being made.

(6)Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act or section 65 of the M8Magistrates’ Courts Act 1980 (“the 1980 Act”); and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.

(7)In this section “local authority” has the same meaning as in the 1989 Act.

(8)In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—

(a)a social worker of a local authority social services department; and

(b)a member of a youth offending team.

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Commencement Information

I8S. 11 wholly in force; S. 11 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

12 Child safety orders: supplemental.E+W

(1)Before making a child safety order, a magistrates’ court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.

(2)Before making a child safety order, a magistrates’ court shall explain to the parent or guardian of the child in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and

(c)that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.

(3)Requirements included in a child safety order shall, as far as practicable, be such as to avoid—

(a)any conflict with the parent’s religious beliefs; and

(b)any interference with the times, if any, at which the child normally attends school.

(4)If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—

(a)by cancelling any provision included in it; or

(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(5)Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(6)Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates’ court acting for the same petty sessions area, on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

(a)may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or

(b)may make an order varying the order—

(i)by cancelling any provision included in it; or

(ii)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(7)Subsection (6)(a) above applies whether or not the court is satisfied that the conditions mentioned in section 31(2) of the 1989 Act are fulfilled.

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Commencement Information

I9S. 12 wholly in force; S. 12 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

13 Appeals against child safety orders.E+W

(1)An appeal shall lie to the High Court against the making by a magistrates’ court of a child safety order; and on such an appeal the High Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(2)Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (4) to (6) of section 12 above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the High Court.

(3)Subsections (6) and (7) of section 10 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.

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Commencement Information

I10S. 13 wholly in force at 1.6.2000; S. 13 not in force at Royal Assent see s. 121; S. 13(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 13(3) in force at 1.6.2000 by S.I. 2000/924, art. 5

14 Local child curfew schemes.E+W

(1)A local authority [F47or a chief officer of police] may make a scheme (a “local child curfew scheme”) for enabling the authority [F48or (as the case may be) the officer]

(a)subject to and in accordance with the provisions of the scheme; and

(b)if, after such consultation as is required by the scheme, the authority [F48or (as the case may be) the officer] considers it necessary to do so for the purpose of maintaining order,

to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.

(2)This subsection applies to a ban on children of specified ages ([F49under 16]) being in a public place within a specified area—

(a)during specified hours (between 9 pm and 6 am); and

(b)otherwise than under the effective control of a parent or a responsible person aged 18 or over.

(3)Before making a local child curfew scheme, a local authority shall consult—

(a)every chief officer of police any part of whose police area lies within its area; and

(b)such other persons or bodies as it considers appropriate.

[F50(3A)Before making a local child curfew scheme, a chief officer of police shall consult—

(a)every local authority any part of whose area lies within the area to be specified; and

(b)such other persons or bodies as he considers appropriate.]

[F51(4)A local child curfew scheme shall, if made by a local authority, be made under the common seal of the authority.

(4A)A local child curfew scheme shall not have effect until it is confirmed by the Secretary of State.]

(5)The Secretary of State—

(a)may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and

(b)may fix the date on which such a scheme is to come into operation;

and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.

(6)A notice given under a local child curfew scheme (a “curfew notice”) may specify different hours in relation to children of different ages.

(7)A curfew notice shall be given—

(a)by posting the notice in some conspicuous place or places within the specified area; and

(b)in such other manner, if any, as appears to the local authority [F52or (as the case may be) the chief officer of police] to be desirable for giving publicity to the notice.

(8)In this section—

  • local authority” means—

    (a)

    in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly;

    (b)

    in relation to Wales, the council of a county or county borough;

  • public place” has the same meaning as in Part II of the M9Public Order Act 1986.

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Amendments (Textual)

F47Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(a); S.I. 2001/2223, art. 3

F48Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(b); S.I. 2001/2223, art. 3

F49Words in s. 14(2) substituted (1.8.2001) by 2001 c. 16, s. 48; S.I. 2001/2223, art. 3

F51S. 14(4)(4A) substituted (1.8.2001) for s. 14(4) by 2001 c. 16, s. 49(4); S.I. 2001/2223, art. 3

F52Words in s. 14(7)(b) inserted (1.8.2001) by 2001 c. 16, s. 49(5); S.I. 2001/2223, art. 3

Commencement Information

I11S. 14 wholly in force; S. 14 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

15 Contravention of curfew notices.E+W

(1)Subsections (2) and (3) below apply where a constable has reasonable cause to believe that a child is in contravention of a ban imposed by a curfew notice.

(2)The constable shall, as soon as practicable, inform the local authority for the area that the child has contravened the ban.

(3)The constable may remove the child to the child’s place of residence unless he has reasonable cause to believe that the child would, if removed to that place, be likely to suffer significant harm.

(4)In subsection (1) of section 47 of the 1989 Act (local authority’s duty to investigate)—

(a)in paragraph (a), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—

(iii)has contravened a ban imposed by a curfew notice within the meaning of Chapter I of Part I of the Crime and Disorder Act 1998; or; and

(b)at the end there shall be inserted the following paragraph— “ In the case of a child falling within paragraph (a)(iii) above, the enquiries shall be commenced as soon as practicable and, in any event, within 48 hours of the authority receiving the information. ”

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Commencement Information

I12S. 15 wholly in force; S. 15 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

16 Removal of truants to designated premises etc.E+W

(1)This section applies where a local authority—

(a)designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and

(b)notifies the chief officer of police for that area of the designation.

(2)A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsection (3) below—

(a)shall be exercisable as respects any area falling within the police area and specified in the direction; and

(b)shall be so exercisable during a period so specified;

and references in that subsection to a specified area and a specified period shall be construed accordingly.

(3)If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—

(a)is of compulsory school age; and

(b)is absent from a school without lawful authority,

the constable may remove the child or young person to designated premises, or to the school from which he is so absent.

[F53(3A)The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—

(a)any area in or in the vicinity of any policed premises; or

(b)the whole or any part of any such premises;

and references in subsection (3) to the specified area shall have effect accordingly.]

(4)A child’s or young person’s absence from a school shall be taken to be without lawful authority unless it falls within subsection (3) (leave, sickness, unavoidable cause or day set apart for religious observance) of section 444 of the M10Education Act 1996.

(5)In this section—

  • [F54British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

  • local authority” means—

    (a)

    in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;

    (b)

    in relation to Wales, a county council or a county borough council;

  • [F55policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;]

  • public place” has the same meaning as in section 14 above;

  • school” has the same meaning as in the M11Education Act 1996.

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Amendments (Textual)

F54S. 16(5): definition of "British Transport Police" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a); S.I. 2002/2306, art. 2(d)(vii)

F55S. 16(5): definition of "policed premises" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(b); S.I. 2002/2306 {art. 2(d)(vii)}

Marginal Citations

Miscellaneous and supplementalE+W

17 Duty to consider crime and disorder implications.E+W

(1)Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

(2)This section applies to a local authority, a joint authority, [F56the London Fire and Emergency Planning Authority,] a police authority, a National Park authority and the Broads Authority.

(3)In this section—

  • local authority” means a local authority within the meaning given by section 270(1) of the M12Local Government Act 1972 or the Common Council of the City of London;

  • joint authority” has the same meaning as in the M13Local Government Act 1985;

  • National Park authority” means an authority established under section 63 of the M14Environment Act 1995.

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Amendments (Textual)

Commencement Information

I13S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

18 Interpretation etc. of Chapter I.E+W

(1)In this Chapter—

  • anti-social behaviour order” has the meaning given by section 1(4) above;

  • chief officer of police” has the meaning given by section 101(1) of the M15Police Act 1996;

  • child safety order” has the meaning given by section 11(1) above;

  • curfew notice” has the meaning given by section 14(6) above;

  • local child curfew scheme” has the meaning given by section 14(1) above;

  • parenting order” has the meaning given by section 8(4) above;

  • police area” has the meaning given by section 1(2) of the M16Police Act 1996;

  • police authority” has the meaning given by section 101(1) of that Act;

  • responsible officer”—

    (a)

    in relation to a parenting order, has the meaning given by section 8(8) above;

    (b)

    in relation to a child safety order, has the meaning given by section 11(8) above;

  • sex offender order” has the meaning given by section 2(3) above.

[F57(2)In this Chapter, “protecting the public from serious harm” shall be construed in accordance with section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000.]

(3)Where directions under a parenting order are to be given by [F58an officer of a local probation board], [F58the officer of a local probation board] shall be an officer appointed for or assigned to the petty sessions area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

(4)Where the supervision under a child safety order is to be provided, or directions under a parenting order are to be given, by—

(a)a social worker of a local authority social services department; or

(b)a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent resides or will reside.

(5)For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

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Amendments (Textual)

F57S. 18(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 196

Commencement Information

I14S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Chapter IIS Scotland

19 Anti-social behaviour orders.S

(1)A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—

(a)that the person has—

(i)acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or

(ii)pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,

to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and

(b)that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.

(2)An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.

(3)On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting persons in the area of the local authority from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.

(4)For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.

(5)This section does not apply in relation to anything done before the commencement of this section.

(6)Nothing in this section shall prevent a local authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.

(7)In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.

(8)In this section and section 21 below “local authority” means a council constituted under section 2 of the M17Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.

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Commencement Information

I15S. 19 wholly in force at 1.4.1999; S. 19 not in force at Royal assent, see s. 121; S. 19 in force in Scotland at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

20 Sex offender orders.S

(1)An application for an order under this section may be made by a chief constable if it appears to him that the conditions mentioned in subsection (2) below are fulfilled with respect to any person [F59who he believes is in, or is intending to come to, the area of his police force] .

(2)The conditions are—

(a)that the person in respect of whom the application for the order is made is—

(i)of or over the age of 16 years; and

(ii)a sex offender; and

(b)that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F60the public in the United Kingdom, or any particular members of that public] from serious harm from him.

(3)An application under subsection (1) above shall be made by summary application to

[F61(a)] the sheriff within whose sheriffdom the person is alleged to have acted as mentioned in subsection (2)(b) above.

[F62; or

(b)the sheriff whose sheriffdom includes any part of the area of the applicant’s police force.]

(4)On an application under subsection (1) above the sheriff may—

(a)pending the determination of the application, make any such interim order as he considers appropriate; and

(b)if he is satisfied that the conditions mentioned in subsection (2) above are fulfilled, make an order under this section (“a sex offender order”) which prohibits the person in respect of whom it is made from doing anything described in the order.

(5)The prohibitions that may be imposed by an order made under subsection (4) above are those necessary for the purpose of protecting [F63the public in the United Kingdom, or any particular members of that public,] from serious harm from the person in respect of whom the order is made.

(6)While a sex offender order has effect, Part I of the M18Sex Offenders Act 1997 shall have effect as if—

(a)the person in respect of whom the order has been obtained were subject to the notification requirements of that Part; and

(b)in relation to that person, the relevant date (within the meaning of that Part) were the date on which the copy of the order was given or delivered to that person in accordance with subsections (8) and (9) of section 21 below.

(7)Section 3 above applies for the purposes of this section as it applies for the purposes of section 2 above with the following modifications—

(a)any reference in that section to the defendant shall be construed as a reference to the person in respect of whom the order is sought; and

(b)in subsection (2) of that section, the reference to subsection (1) of the said section 2 shall be construed as a reference to subsection (2)(b) of this section.

(8)A constable may arrest without warrant a person whom he reasonably suspects of doing, or having done, anything prohibited by an order under subsection (4)(a) above or a sex offender order.

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Amendments (Textual)

F62S. 20(3)(b) and preceding word inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(4)(b); S.I. 2002/420, art. 2

F63Words in s. 20(5) substituted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(5)(9); S.I. 2002/420, art. 2

Marginal Citations

21 Procedural provisions with respect to orders.S

(1)Before making an application under—

(a)section 19(1) above;

(b)subsection (7)(b)(i) below,

the local authority shall consult the relevant chief constable.

(2)Before making an application under section 20(1) above or subsection (7)(b)(i) below, the chief constable shall consult the local authority within whose area the person in respect of whom the order is sought is for the time being.

(3)In subsection (1) above “relevant chief constable” means the chief constable of the police force maintained under the M19Police (Scotland) Act 1967 the area of which includes the area of the local authority making the application.

(4)A failure to comply with subsection (1) or (2) above shall not affect the validity of an order made on any application to which either of those subsections applies.

(5)A record of evidence shall be kept on any summary application under section 19 or 20 above or subsection (7)(b) below.

(6)Subsections (7) to (9) below apply to anti-social behaviour orders and sex offender orders and subsections (8) and (9) below apply to an order made under section 20(4)(a) above.

(7)An order to which this subsection applies—

(a)shall have effect for a period specified in the order or indefinitely; and

(b)may at any time be varied or revoked [F64(in the case of a sex offender order, by the appropriate court for that order)] on a summary application by—

(i)the local authority or, as the case may be, chief constable who obtained the order [F65or, in the case of a sex offender order, any other relevant chief constable] ; or

(ii)the person subject to the order.

[F66(7A)In subsection (7) above—

  • the appropriate court” means—

    (a)

    the sheriff who made the sex offender order; or

    (b)

    the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;

  • relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.]

[F67(7B)Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.]

(8)The clerk of the court by which an order to which this subsection applies is made or varied shall cause a copy of the order as so made or varied to be—

(a)given to the person named in the order; or

(b)sent to the person so named by registered post or by the recorded delivery service.

(9)An acknowledgement or certificate of delivery of a letter sent under subsection (8)(b) above issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

(10)Where an appeal is lodged against the determination of an application under section 19 or 20 above or subsection (7)(b) above, any order made on the application shall, without prejudice to the determination of an application under subsection (7)(b) above made after the lodging of the appeal, continue to have effect pending the disposal of the appeal.

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Amendments (Textual)

F64Words in s. 21(7)(b) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(a)(9); S.I. 2002/420, art. 2

F65Words in s. 21(7)(b)(i) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(b); S.I. 2002/420, art. 2

F66S. 21(7A) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(7)(9); S.I. 2002/420, art. 2

F67S. 21(7B) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(8)(9); S.I. 2002/420, art. 2

Commencement Information

I16S. 21 wholly in force at 1.4.1999; s. 21 not in force at Royal Assent see s. 121; s. 21 in force at 1.12.1998 for the purposes of sex offender orders made under s. 20 and orders made under s. 20(4)(a) by S.I. 1998/2327, art. 4(1); S. 21 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

[F6821A Sex offender orders made in England and Wales or Northern IrelandS
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Amendments (Textual)

(1)If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—

(a)an order under section 2(3) or 2A above; or

(b)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

he is guilty of an offence.

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

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.]

22 Offences in connection with breach of orders.S

(1)Subject to subsection (3) below, if without reasonable excuse a person breaches an anti-social behaviour order by doing anything which he is prohibited from doing by the order, he shall be guilty of an offence and shall be liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(2)Subsection (3) applies where—

(a)the breach of the anti-social behaviour order referred to in subsection (1) above consists in the accused having acted in a manner prohibited by the order which constitutes a separate offence (in this section referred to as the “separate offence”); and

(b)the accused has been charged with that separate offence.

(3)Where this subsection applies, the accused shall not be liable to be proceeded against for an offence under subsection (1) above but, subject to subsection (4) below, the court which sentences him for that separate offence shall, in determining the appropriate sentence or disposal for that offence, have regard to—

(a)the fact that the offence was committed by him while subject to an anti-social behaviour order;

(b)the number of such orders to which he was subject at the time of the commission of the offence;

(c)any previous conviction of the accused of an offence under subsection (1) above; and

(d)the extent to which the sentence or disposal in respect of any such previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.

(4)The court shall not, under subsection (3) above, have regard to the fact that the separate offence was committed while the accused was subject to an anti-social behaviour order unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

(5)The fact that the separate offence was committed while the accused was subject to an anti-social behaviour order shall, unless challenged—

(a)in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72 of the M20Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) or under that paragraph as applied by section 71(2) of that Act; or

(b)in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.

(6)Subject to subsection (7) below, subsections (1) to (5) above apply in relation to an order under section 20(4)(a) above and to a sex offender order as they apply in relation to an anti-social behaviour order.

(7)Subsection (2) above as applied for the purposes of subsection (6) above shall have effect with the substitution of the words “ at the time at which he committed ” for the words “which constitutes”.

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Commencement Information

I17S. 22 wholly in force at 1.4.1999; S. 22 not in force at Royal Assent, see s. 121; S. 22(6)(7) and for the purposes of their application to an order under s. 20(4)(a) and to a sex offender order made under s. 20, s. 22(1)-(5) in force at 1.12.1998 by S.I. 1998/2327, art. 4(1); S. 22 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

23 Anti-social behaviour as ground of eviction.S

(1)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For Ground 15 in Schedule 5 to the M21Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

Ground 15

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

(a)been convicted of—

(i)using or allowing the house to be used for immoral or illegal purposes; or

(ii)an offence punishable by imprisonment committed in, or in the locality of, the house; or

(b)acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or

(c)pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

(5)No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the M22Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M23Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

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Amendments (Textual)

Marginal Citations

24 Noise-making equipment: police power of seizure.S

(1)The M24Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

(2)In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

(2A)Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.

(2B)A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.

(2C)Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.

(3)In section 60 (powers of search and seizure)—

(a)in subsection (5)—

(i)after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or ”; and

(ii)for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable ”; and

(b)in subsection (6)—

(i)in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— to enter and search—

(i)any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or

(ii)any vehicle or vessel in pursuance of the said subsection (1),; and

(ii)in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or ”.

(4)After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

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Marginal Citations

Chapter IIIE+W+S Great Britain

25 Powers to require removal of masks etc.E+W+S

[F70(1)After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M25Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

(4A)This section also confers on any constable in uniform power—

(a)to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b)to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.]

(2)In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above ”.

(3)In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—

(a)to stop, or to stop a vehicle; or

(b)to remove an item worn by him,.

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Amendments (Textual)

F70S. 25(1) repealed (E.W.) (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. 6

Commencement Information

I18S. 25 wholly in force at 1.3.1999; S. 25 not in force at Royal Assent, see s. 121; S. 25 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commencement of s. 25 omitted (30.8.1998) by virtue of S.I. 1998/2906, art. 2); S. 25 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

26 Retention and disposal of things seized.E+W+S

After section 60 of the 1994 Act there shall be inserted the following section—

60A Retention and disposal of things seized under section 60.

(1)Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section.

(2)The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3)Regulations under this section may make different provisions for different classes of things or for different circumstances.

(4)The power to make regulations 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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Commencement Information

I19 S. 26 wholly in force at 1.3.1999; S. 26 not in force at Royal Assent, see s. 121; S. 26 in force at 1.12.1998 for the purpose of making regulations under s. 60A of the Criminal Justice and Public Order Act 1994 by S.I. 1998/2327, art. 4(1) (as amended by 1998/2906, art. 2(3)); S. 26 in force at 1.3.1999 by S.I. 1998/3263, art. 4

27 Power of arrest for failure to comply with requirement.E+W+S

(1)In section 24(2) (arrestable offences) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”), after paragraph (n) there shall be inserted—

(o)an offence under section 60(8)(b) of the M26Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);.

(2)After section 60A of the 1994 Act there shall be inserted the following section—

60B Arrest without warrant for offences under section 60: Scotland.

In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.

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Commencement Information

I20S. 27 wholly in force at 1.3.1999; S. 27 not in force at Royal Assent, see s. 121; S. 27 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commnecement of s. 27 omitted (30.8.1998) by virtue of 1998/2906, art. 2(2)); S. 27 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

Part IIE+W+S+N.I. Criminal law

[F71Racially or religiously aggravated] offences: England and WalesE+W

28 Meaning of “ [F72racially or religiously aggravated]”.E+W
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Amendments (Textual)

F72Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

(1)An offence is [F72racially or religiously aggravated] for the purposes of sections 29 to 32 below if—

(a)at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F73racial or religious group]; or

(b)the offence is motivated (wholly or partly) by hostility towards members of a [F73racial or religious group] based on their membership of that group.

(2)In subsection (1)(a) above—

  • membership”, in relation to a [F73racial or religious group], includes association with members of that group;

  • presumed” means presumed by the offender.

(3)It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [F74on any other factor not mentioned in that paragraph.]

(4)In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

[F75(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

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Amendments (Textual)

F73Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F74Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F75S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications etc. (not altering text)

C6S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

Commencement Information

I21S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

29[F76Racially or religiously aggravated] assaults.E+W
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Amendments (Textual)

F76Words in the sidenote to s. 28 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(a) (with s. 42)

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 20 of the Offences Against the M27Person Act 1861 (malicious wounding or grievous bodily harm);

(b)an offence under section 47 of that Act (actual bodily harm); or

(c)common assault,

which is [F77racially or religiously aggravated] for the purposes of this section.

(2)A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3)A person guilty of an offence falling within subsection (1)(c) above shall be liable—

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

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

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Amendments (Textual)

F77Words in s. 29(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(a) (with s. 42)

Commencement Information

I22S. 29 wholly in force; S. 29 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

30[F78Racially or religiously aggravated] criminal damage.E+W
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Amendments (Textual)

F78Words in the sidenote to s. 30 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(b) (with s. 42)

(1)A person is guilty of an offence under this section if he commits an offence under section 1(1) of the M28Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [F79racially or religiously aggravated] for the purposes of this section.

(2)A person guilty of an offence under this section shall be liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

(3)For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

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Amendments (Textual)

F79Words in s. 30(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(b) (with s. 42)

Commencement Information

I23S. 30 wholly in force; S. 30 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

31[F80Racially or religiously aggravated] public order offences.E+W
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Amendments (Textual)

F80Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42)

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 4 of the M29Public Order Act 1986 (fear or provocation of violence);

(b)an offence under section 4A of that Act (intentional harassment, alarm or distress); or

(c)an offence under section 5 of that Act (harassment, alarm or distress),

which is [F81racially or religiously aggravated] for the purposes of this section.

(2)A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsection (1)(a) or (b) above.

(3)A constable may arrest a person without warrant if—

(a)he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;

(b)he is warned by that constable to stop; and

(c)he engages in further such conduct immediately or shortly after the warning.

The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.

(4)A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

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

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

(5)A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7)For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

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Amendments (Textual)

F81Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42)

Commencement Information

I24S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

32[F82Racially or religiously aggravated] harassment etc.E+W
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Amendments (Textual)

F82Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42)

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 2 of the M30Protection from Harassment Act 1997 (offence of harassment); or

(b)an offence under section 4 of that Act (putting people in fear of violence),

which is [F83racially or religiously aggravated] for the purposes of this section.

(2)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person guilty of an offence falling within subsection (1)(a) above shall be liable—

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

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

(4)A person guilty of an offence falling within subsection (1)(b) above shall be liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(5)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(6)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7)Section 5 of the M31Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under section 2 or 4 included a reference to an offence under this section.

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Amendments (Textual)

F83Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42)

Commencement Information

I25S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Racially-aggravated offences: ScotlandS

33 Racially-aggravated offences.S

After section 50 of the M32Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—

Racially-aggravated harassmentS
50A Racially-aggravated harassment.

(1)A person is guilty of an offence under this section if he—

(a)pursues a racially-aggravated course of conduct which amounts to harassment of a person and—

(i)is intended to amount to harassment of that person; or

(ii)occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

(b)acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

(2)For the purposes of this section a course of conduct or an action is racially aggravated if—

(a)immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or

(b)the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

(3)In subsection (2)(a) above—

  • membership”, in relation to a racial group, includes association with members of that group;

  • presumed” means presumed by the offender.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—

(a)the fact or presumption that any person or group of persons belongs to any religious group; or

(b)any other factor not mentioned in that paragraph.

(5)A person who is guilty of an offence under this section shall—

(a)on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and

(b)on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

(6)In this section—

  • conduct” includes speech;

  • “harassment” of a person includes causing the person alarm or distress;

  • racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions.

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Commencement Information

I26S. 33 wholly in force; S. 33 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

MiscellaneousE+W+S+N.I.

34 Abolition of rebuttable presumption that a child is doli incapax.E+W

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

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Commencement Information

I27S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

35 Effect of child’s silence at trial.E+W

In section 35 of the 1994 Act (effect of accused’s silence at trial), the following provisions shall cease to have effect, namely—

(a)in subsection (1), the words “who has attained the age of fourteen years”; and

(b)subsection (6).

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Commencement Information

I28S. 35 wholly in force; S. 35 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

36 Abolition of death penalty for treason and piracy.E+W+N.I.

(1)In section I of the M33Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”.

(2)In the following enactments, namely—

(a)section II of the M34Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b)section XII of the M35Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c)section 3 of the M36Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d)section I of the M37Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”.

(3)The following enactments shall cease to have effect, namely—

(a)the M38Treason Act 1790;

(b)the M39Treason Act 1795.

(4)In section 1 of the M40Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”.

(5)In section 2 of the M41Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”.

(6)The following enactments shall cease to have effect, namely—

(a)the Sentence of M42Death (Expectant Mothers) Act 1931; and

(b)sections 32 and 33 of the M43Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).

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Commencement Information

I29S. 36 wholly in force; S. 36 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Part IIIE+W+S+N.I. Criminal justice system

Youth justiceE+W

37 Aim of the youth justice system.E+W

(1)It shall be the principal aim of the youth justice system to prevent offending by children and young persons.

(2)In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

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Commencement Information

I30S. 37 wholly in force; S. 37 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

38 Local provision of youth justice services.E+W

(1)It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

(2)It shall be the duty of—

(a)every chief officer of police or police authority any part of whose police area lies within the local authority’s area; and

(b)every [F85local probation board][F86Strategic Health Authority,] or health authority any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(3)The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—

(a)by making the payments directly; or

(b)by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(4)In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—

(a)the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;

(b)the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;

(c)the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;

(d)the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the M44Children and Young Persons Act 1969 (“the 1969 Act”);

(e)the provision of reports or other information required by courts in criminal proceedings against children and young persons;

(f)the provision of persons to act as responsible officers in relation to parenting orders, child safety orders, reparation orders and action plan orders;

(g)the supervision of young persons sentenced to a probation order, a community service order or a combination order;

(h)the supervision of children and young persons sentenced to a detention and training order or a supervision order;

(i)the post-release supervision of children and young persons under section 37(4A) or 65 of the 1991 Act or section 31 of the M45Crime (Sentences) Act 1997 (“the 1997 Act”);

(j)the performance of functions under subsection (1) of [F87section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)] by such persons as may be authorised by the Secretary of State under that subsection.

[F88(k)the implementation of referral orders within the meaning of [F89the Powers of Criminal Courts (sentencing) Act 2000].]

(5)The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

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Amendments (Textual)

F87Words in s. 38(4)(j) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(a)

F89Words in s. 38(4)(k) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(b)

Commencement Information

I31S. 38 wholly in force; S. 38 not in force at Royal Assent see s. 121. S. 38(4) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 38(1)-(3)(5) in force at 30.8.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 38 in force at 1.4.2000 by S.I. 2000/924, art. 2

Marginal Citations

39 Youth offending teams.E+W

(1)Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

(2)Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—

(a)any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and

(b)the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.

(3)It shall be the duty of—

(a)every chief officer of police any part of whose police area lies within the local authority’s area; and

(b)every [F90local probation board][F91Strategic Health Authority,] or health authority any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(4)The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—

(a)by making the payments directly; or

(b)by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(5)A youth offending team shall include at least one of each of the following, namely—

(a)[F92an officer of a local probation board];

(b)a social worker of a local authority social services department;

(c)a police officer;

(d)a person nominated by [F93a Primary Care Trust or] a health authority any part of whose area lies within the local authority’s area;

(e)a person nominated by the chief education officer appointed by the local authority under section 532 of the M46Education Act 1996.

(6)A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

(7)It shall be the duty of the youth offending team or teams established by a particular local authority—

(a)to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and

(b)to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

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Amendments (Textual)

Commencement Information

I32S. 39 wholly in force at 1.4.2000; S. 39 not in force at Royal Assent see s. 121; S. 39 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 39 in force at 1.4.2000 insofar as not already in force by S.I. 2000/924, art. 2

Marginal Citations

40 Youth justice plans.E+W

(1)It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—

(a)how youth justice services in their area are to be provided and funded; and

(b)how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.

(2)In subsection (1) above “the relevant persons and bodies” means the persons and bodies mentioned in section 38(2) above and, where the local authority is a county council, any district councils whose districts form part of its area.

(3)The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular, functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences).

(4)A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

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Modifications etc. (not altering text)

C7S. 40: functions of the local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I33S. 40 wholly in force at 1.1.2000; S. 40 not in force at Royal Assent see s. 121; S. 40 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 40 in force at 1.1.2000 insofar as not already in force by S.I. 1999/3426, art. 2

41 The Youth Justice Board.E+W

(1)There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”).

(2)The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3)The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(4)The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.

(5)The Board shall have the following functions, namely—

(a)to monitor the operation of the youth justice system and the provision of youth justice services;

(b)to advise the Secretary of State on the following matters, namely—

(i)the operation of that system and the provision of such services;

(ii)how the principal aim of that system might most effectively be pursued;

(iii)the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and

(iv)the steps that might be taken to prevent offending by children and young persons;

(c)to monitor the extent to which that aim is being achieved and any such standards met;

(d)for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;

(e)to publish information so obtained;

(f)to identify, to make known and to promote good practice in the following matters, namely—

(i)the operation of the youth justice system and the provision of youth justice services;

(ii)the prevention of offending by children and young persons; and

(iii)working with children and young persons who are or are at risk of becoming offenders;

(g)to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; F94. . .

(h)themselves to commission research in connection with such practice.

[F95(i)to enter into agreements for the provision of—

(i)secure accommodation within the meaning of section 75(7) below for the purpose of detaining persons in respect of whom a detention and training order is made under section 73 below or an order is made under section 77(3)(a) or 78(2) below;

(ii)accommodation which is or may be used for the purpose of detaining persons sentenced under section 53(1) or (3) of the 1933 Act;

(iii)accommodation which is or may be used for the purpose of detaining persons dealt with under subsection (4)(c) of section 23 of the 1969 Act, as that section has effect in relation to persons described in section 98(1) below;

(iv)accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act;

(v)accommodation which is or may be used for the purpose of detaining persons sentenced when under the age of 18 and before 1st April 2000 to detention in a young offender institution under section 1A of the 1982 Act; and

(vi)accommodation which is or may be used for the purpose of detaining persons subject to secure training orders made before 1st April 2000 under section 1 of the 1994 Act;

but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system;

(j)to facilitate arrangements between the Secretary of State and any person providing—

(i)secure accommodation within the meaning of section 75(7) below to be used for detaining a person in accordance with a determination under section 75(1), 77(3)(a) or 78(2) below, or

(ii)accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 53(1)(a) or (3)(a) of the 1933 Act;

(k)to offer assistance to local authorities in discharging their duty under section 61 of the 1991 Act, whether by acting as the agent of a local authority or facilitating arrangements under section 61(2), or otherwise; and

(l)annually—

(i)to assess future demand for secure accommodation for remanded and sentenced children and young persons,

(ii)to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and

(iii)to submit the plan to the Secretary of State for approval.]

(6)The Secretary of State may by order—

(a)amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or

(b)provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.

(7)In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.

(8)A relevant authority—

(a)shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and

(b)whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement.

A requirement under paragraph (b) above may specify the form in which a report is to be given.

(9)The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.

(10)In this section “relevant authority” means a local authority, a chief officer of police, a police authority, a [F96local probation board][F97a Strategic Health Authority,] and a health authority.

(11)Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

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Amendments (Textual)

F94Word in s. 41(5)(g) omitted (20.4.2000) by virtue of S.I. 2000/1160, art. 3(a)

F96Words in s. 41(10) substituted (1.4.2001) by 2000 c. 43, s. 74, SCh. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

Commencement Information

I34 S. 41 wholly in force; s. 41 not in force at Royal Assent, see s. 121. in force at 1.8.1998 for the purposes of making appointments under this section and under paragraph 1 of Sch. 2 by S.I. 1998/1883, art. 2(a). s. 41 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

42 Supplementary provisions.E+W

(1)In the foregoing provisions of this Part and this section—

  • chief officer of police” has the meaning given by section 101(1) of the M47Police Act 1996;

  • local authority” means—

    (a)

    in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;

    (b)

    in relation to Wales, a county council or a county borough council;

  • police authority” has the meaning given by section 101(1) of the M48Police Act 1996;

  • youth justice system” means the system of criminal justice in so far as it relates to children and young persons.

(2)For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.

(3)In carrying out any of their duties under those provisions, a local authority, a police authority, a [F98local probation board][F99a Strategic Health Authority,] or a health authority shall act in accordance with any guidance given by the Secretary of State.

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Amendments (Textual)

Commencement Information

I35S. 42 wholly in force; S. 42 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Time limits etc.E+W

43 Time limits.E+W

(1)In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the M49Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions;

(b)make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions;.

(2)For subsection (3) of that section there shall be substituted the following subsection—

(3)The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied—

(a)that the need for the extension is due to—

(i)the illness or absence of the accused, a necessary witness, a judge or a magistrate;

(ii)a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or

(iii)some other good and sufficient cause; and

(b)that the prosecution has acted with all due diligence and expedition.

(3)In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “ the appropriate court shall stay the proceedings ”.

(4)In subsection (6) of that section—

(a)for the word “Where” there shall be substituted the words “ Subsection (6A) below applies where ”; and

(b)for the words from “the overall time limit” to the end there shall be substituted the words “ and is accordingly unlawfully at large for any period. ”

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

(6A)The following, namely—

(a)the period for which the person is unlawfully at large; and

(b)such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by—

(i)the person’s escape or failure to surrender; and

(ii)the length of the period mentioned in paragraph (a) above,

shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time.

(6)In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “ or to give a direction under subsection (6A) above, ”.

(7)In subsection (8) of that section, after the words “time limit” there shall be inserted the words “ , or to give a direction under subsection (6A) above, ”.

(8)After subsection (11) of that section there shall be inserted the following subsection—

(11ZA)For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence.

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Commencement Information

I36S. 43 wholly in force at 1.6.1999; S. 43 not in force at Royal Assent see s. 121; S. 43(1) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 43 in force at 1.6.1999 insofar as not already in force by S.I. 1999/1279, art. 2(a)

Marginal Citations

44 Additional time limits for persons under 18.E+W

After section 22 of the 1985 Act there shall be inserted the following section—

22A Additional time limits for persons under 18.

(1)The Secretary of State may by regulations make provision—

(a)with respect to a person under the age of 18 at the time of his arrest in connection with an offence, as to the maximum period to be allowed for the completion of the stage beginning with his arrest and ending with the date fixed for his first appearance in court in connection with the offence (“the initial stage”);

(b)with respect to a person convicted of an offence who was under that age at the time of his arrest for the offence or (where he was not arrested for it) the laying of the information charging him with it, as to the period within which the stage between his conviction and his being sentenced for the offence should be completed.

(2)Subsection (2) of section 22 above applies for the purposes of regulations under subsection (1) above as if—

(a)the reference in paragraph (d) to custody or overall time limits were a reference to time limits imposed by the regulations; and

(b)the reference in paragraph (e) to proceedings instituted before the commencement of any provisions of the regulations were a reference to a stage begun before that commencement.

(3)A magistrates’ court may, at any time before the expiry of the time limit imposed by the regulations under subsection (1)(a) above (“the initial stage time limit”), extend, or further extend, that limit; but the court shall not do so unless it is satisfied—

(a)that the need for the extension is due to some good and sufficient cause; and

(b)that the investigation has been conducted, and (where applicable) the prosecution has acted, with all due diligence and expedition.

(4)Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires before the person arrested is charged with the offence, he shall not be charged with it unless further evidence relating to it is obtained, and—

(a)if he is then under arrest, he shall be released;

(b)if he is then on bail under Part IV of the M50Police and Criminal Evidence Act 1984, his bail (and any duty or conditions to which it is subject) shall be discharged.

(5)Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires after the person arrested is charged with the offence but before the date fixed for his first appearance in court in connection with it, the court shall stay the proceedings.

(6)Where—

(a)a person escapes from arrest; or

(b)a person who has been released on bail under Part IV of the M51Police and Criminal Evidence Act 1984 fails to surrender himself at the appointed time,

and is accordingly unlawfully at large for any period, that period shall be disregarded, so far as the offence in question is concerned, for the purposes of the initial stage time limit.

(7)Subsections (7) to (9) of section 22 above apply for the purposes of this section, at any time after the person arrested has been charged with the offence in question, as if any reference (however expressed) to a custody or overall time limit were a reference to the initial stage time limit.

(8)Where a person is convicted of an offence in any proceedings, the exercise of the power conferred by subsection (3) above shall not be called into question in any appeal against that conviction.

(9)Any reference in this section (however expressed) to a person being charged with an offence includes a reference to the laying of an information charging him with it.

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Marginal Citations

45 Re-institution of stayed proceedings.E+W

After section 22A of the 1985 Act there shall be inserted the following section—

22B Re-institution of proceedings stayed under section 22(4) or 22A(5).

(1)This section applies where proceedings for an offence (“the original proceedings”) are stayed by a court under section 22(4) or 22A(5) of this Act.

(2)If—

(a)in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs;

(b)in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or

(c)in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs,

fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.

(3)Fresh proceedings shall be instituted as follows—

(a)where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment;

(b)where the original proceedings were stayed by a magistrates’ court, by laying an information.

(4)Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the M52Magistrates’ Courts Act 1980 (limitation of time).

(5)Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done—

(a)by the prosecutor in compliance or purported compliance with section 3, 4, 7 or 9 of the M53Criminal Procedure and Investigations Act 1996; or

(b)by the accused in compliance or purported compliance with section 5 or 6 of that Act.

(6)Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction.

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Marginal Citations

46 Date of first court appearance in bail cases.E+W

(1)In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “ subsections (3A) and (4) ”.

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

(3A)Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—

(a)a date which is not later than the first sitting of the court after the person is charged with the offence; or

(b)where he is informed by the clerk to the justices for the relevant petty sessions area that the appearance cannot be accommodated until a later date, that later date.

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Commencement Information

I37S. 46 wholly in force at 1.11.1999; S. 46 not in force at Royal Assent see s. 121; S. 46 in force at 30.9.1998 in the areas specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 3(2), Sch. 2; S. 46 in force at 1.11.1999 insofar as not already in force by S.I. 1999/2976, art. 2

Functions of courts etc.E+W+S+N.I.

47 Powers of youth courts.E+W

(1)Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—

(a)before the start of the trial; F100. . .

F100(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

remit the person for trial F101. . . to a magistrates’ court (other than a youth court) acting for the same petty sessions area as the youth court.

In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.

(2)Where a person is remitted under subsection (1) above—

(a)he shall have no right of appeal against the order of remission;

(b)the remitting court shall adjourn proceedings in relation to the offence; and

(c)subsections (3) and (4) below shall apply.

(3)The following, namely—

(a)section 128 of the 1980 Act; and

(b)all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,

shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).

(4)The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.

(5)After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—

(3A)A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—

(a)that the court commits the accused for trial for another offence; or

(b)that the accused is charged with another offence.

(6)After subsection (1) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence) there shall be inserted the following subsection—

(1A)Where a magistrates’ court—

(a)commits a person under the age of 18 for trial for an offence of homicide; or

(b)in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,

the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the same indictment.

(7)In subsection (2) of section 47 (procedure in youth courts) of the M54Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.

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Amendments (Textual)

F100Word and para. (b) in s. 47(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F101Words in s. 47(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I38S. 47 wholly in force; S. 47 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

48 Youth courts: power of stipendiary magistrates to sit alone.E+W

(1)In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)—

(a)in paragraph (a), after the word “shall”, in the first place where it occurs, there shall be inserted the words “ either consist of a metropolitan stipendiary magistrate sitting alone or ” and the word “shall”, in the other place where it occurs, shall cease to have effect;

(b)in paragraph (b), after the words “the chairman” there shall be inserted the words “ (where applicable) ”; and

(c)in paragraph (c), after the words “the other members” there shall be inserted the words “ (where applicable) ”.

(2)In paragraph 17 of that Schedule, the words “or, if a metropolitan stipendiary magistrate, may sit alone” shall cease to have effect.

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Commencement Information

I39S. 48 wholly in force; S. 48 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

49 Powers of magistrates’ courts exercisable by single justice etc.E+W

(1)The following powers of a magistrates’ court for any area may be exercised by a single justice of the peace for that area, namely—

(a)to extend bail or to impose or vary conditions of bail;

(b)to mark an information as withdrawn;

(c)to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution;

(d)to make an order for the payment of defence costs out of central funds;

(e)to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence;

(f)to request a medical report and, for that purpose, to remand the accused in custody or on bail;

(g)to remit an offender to another court for sentence;

(h)where a person has been granted police bail to appear at a magistrates’ court, to appoint an earlier time for his appearance;

(i)to extend, with the consent of the accused, a custody time limit or an overall time limit;

F102(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)where an accused has been convicted of an offence, to order him to produce his driving licence;

(l)to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court;

(m)to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely—

(i)the timetable for the proceedings;

(ii)the attendance of the parties;

(iii)the service of documents (including summaries of any legal arguments relied on by the parties);

(iv)the manner in which evidence is to be given; and

(n)to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

(2)Without prejudice to the generality of subsection (1) of section 144 of the 1980 Act (rules of procedure)—

(a)rules under that section may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices’ clerk for that area; and

(b)rules under that section which make such provision as is mentioned in paragraph (a) above may make different provision for different areas.

(3)Rules under that section which make such provision as is mentioned in subsection (2) above shall not authorise a justices’ clerk—

(a)without the consent of the prosecutor and the accused, to extend bail on conditions other than those (if any) previously imposed, or to impose or vary conditions of bail;

(b)to give an indication of the seriousness of an offence for the purposes of a pre-sentence report;

(c)to remand the accused in custody for the purposes of a medical report or, without the consent of the prosecutor and the accused, to remand the accused on bail for those purposes on conditions other than those (if any) previously imposed;

(d)to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court; or

(e)without the consent of the parties, to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

(4)Before making any rules under that section which make such provision as is mentioned in subsection (2) above in relation to any area, the Lord Chancellor shall consult justices of the peace and justices’ clerks for that area.

(5)In this section and section 50 below “justices’ clerk” has the same meaning as in section 144 of the 1980 Act.

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Amendments (Textual)

Commencement Information

I40S. 49 wholly in force at 1.11.1999; S. 49 not in force at Royal Assent see s, 121. In force at 31.7.1998 for the purpose of making rules which make such provision as is mentioned in ss.(2) of this section by S.I. 1998/1883, art. 2(b); S. 49 in force at 30.9.1998 in the areas specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 3(2), Sch. 2; S. 49 in force at 1.11.1999 insofar as not already in force by S.I. 1999/2976, art. 2

50 Early administrative hearings.E+W

(1)Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.

(2)At a hearing conducted by a single justice under this section— [F103the accused shall be asked whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service and, if he does, the justice shall decide whether or not to grant him such a right.]

(3)At such a hearing the single justice—

(a)may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and

(b)on adjourning the hearing, may remand the accused in custody or on bail.

(4)This section applies in relation to a justices’ clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.

F104(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F103Words in s. 50(2) substituted for s. 50(2)(a)-(c) (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 53, 54 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C8S. 50 extended (1.11.1999) by S.I. 1999/2784, rule 3(2)

Commencement Information

I41S. 50 wholly in force; S. 50 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

51 No committal proceedings for indictable-only offences.E+W

(1)Where an adult appears or is brought before a magistrates’ court (“the court”) charged with an offence triable only on indictment (“the indictable-only offence”), the court shall send him forthwith to the Crown Court for trial—

(a)for that offence, and

(b)for any either-way or summary offence with which he is charged which fulfils the requisite conditions (as set out in subsection (11) below).

(2)Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates’ court charged with an either-way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.

(3)Where—

(a)the court sends an adult for trial under subsection (1) above;

(b)another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with him with an either-way offence; and

(c)that offence appears to the court to be related to the indictable-only offence,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.

(4)Where a court sends an adult for trial under subsection (3) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.

(5)Where—

(a)the court sends an adult for trial under subsection (1) or (3) above; and

(b)a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with the adult with an indictable offence for which the adult is sent for trial,

the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.

(6)Where a court sends a child or young person for trial under subsection (5) above, it may at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.

(7)The court shall specify in a notice the offence or offences for which a person is sent for trial under this section and the place at which he is to be tried; and a copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

(8)In a case where there is more than one indictable-only offence and the court includes an either-way or a summary offence in the notice under subsection (7) above, the court shall specify in that notice the indictable-only offence to which the either-way offence or, as the case may be, the summary offence appears to the court to be related.

(9)The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

(10)In selecting the place of trial for the purpose of subsection (7) above, the court shall have regard to—

(a)the convenience of the defence, the prosecution and the witnesses;

(b)the desirability of expediting the trial; and

(c)any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the M55Supreme Court Act 1981.

(11)An offence fulfils the requisite conditions if—

(a)it appears to the court to be related to the indictable-only offence; and

(b)in the case of a summary offence, it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(12)For the purposes of this section—

(a)adult” means a person aged 18 or over, and references to an adult include references to a corporation;

(b)either-way offence” means an offence which, if committed by an adult, is triable either on indictment or summarily;

(c)an either-way offence is related to an indictable-only offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable-only offence;

(d)a summary offence is related to an indictable-only offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable-only offence.

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Commencement Information

I42 S. 51 wholly in force; S. 51 not in force at Royal Assent, see s. 121; S. 51 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); s. 51 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (with transitional provisions in art. 3)

Marginal Citations

52 Provisions supplementing section 51.E+W+S

(1)Subject to section 4 of the M56Bail Act 1976, section 41 of the 1980 Act, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 above—

(a)in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or

(b)on bail in accordance with the M57Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

(2)Where—

(a)the person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and

(b)in accordance with subsection (3) of section 8 of the M58Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.

(3)The court shall treat as an indictable offence for the purposes of section 51 above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.

(4)In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).

(5)A magistrates’ court may adjourn any proceedings under section 51 above, and if it does so shall remand the accused.

(6)Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 above) shall have effect.

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Commencement Information

I43S. 52 wholly in force; S. 52 not in force at Royal Assent see s. 121. S. 52(6) in force at 30.9.1998 for certain purposes by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 52 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); S. 52 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (with transitional provisions in art. 3)

Marginal Citations

MiscellaneousE+W

53 Crown Prosecution Service: powers of non-legal staff.E+W

For section 7A of the 1985 Act there shall be substituted the following section—

7A Powers of non-legal staff.

(1)The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors.

(2)Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely—

(a)the powers and rights of audience of a Crown Prosecutor in relation to—

(i)applications for, or relating to, bail in criminal proceedings;

(ii)the conduct of criminal proceedings in magistrates’ courts other than trials;

(b)the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above.

(3)A person so designated shall exercise any such powers subject to instructions given to him by the Director.

(4)Any such instructions may be given so as to apply generally.

(5)For the purposes of this section—

(a)bail in criminal proceedings” has the same meaning as it would have in the M59Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section “offence” did not include an offence to which subsection (6) below applies;

(b)criminal proceedings” does not include proceedings for an offence to which subsection (6) below applies; and

(c)a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.

(6)This subsection applies to an offence if it is triable only on indictment, or is an offence—

(a)for which the accused has elected to be tried by a jury;

(b)which a magistrates’ court has decided is more suitable to be so tried; or

(c)in respect of which a notice of transfer has been given under section 4 of the M60Criminal Justice Act 1987 or section 53 of the M61Criminal Justice Act 1991.

(7)Details of the following for any year, namely—

(a)the criteria applied by the Director in determining whether to designate persons under this section;

(b)the training undergone by persons so designated; and

(c)any general instructions given by the Director under subsection (4) above,

shall be set out in the Director’s report under section 9 of this Act for that year.

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Marginal Citations

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Commencement Information

I44S. 53 wholly in force; S. 53 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

54 Bail: increased powers to require security or impose conditions.E+W

(1)In subsection (5) of section 3 of the M62Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.

(2)In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—

(e)before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the M63Courts and Legal Services Act 1990;.

(3)In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “ paragraph (d) or (e) ”.

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Commencement Information

I45S. 54 wholly in force; S. 54 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in art. 5-8)

Marginal Citations

55 Forfeiture of recognizances.E+W

For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections—

(1)This section applies where—

(a)a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or

(b)any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.

(1A)If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—

(a)declare the recognizance to be forfeited;

(b)issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;

and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.

(2)If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—

(a)declare the recognizance to be forfeited; and

(b)adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;

but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.

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Commencement Information

I46S. 55 wholly in force; S. 55 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

56 Bail: restrictions in certain cases of homicide or rape.E+W

In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words “shall not be granted bail in those proceedings” there shall be substituted the words “ shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it ”.

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Commencement Information

I47S. 56 wholly in force; S. 56 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

57 Use of live television links at preliminary hearings.E+W

(1)In any proceedings for an offence, a court may, after hearing representations from the parties, direct that the accused shall be treated as being present in the court for any particular hearing before the start of the trial if, during that hearing—

(a)he is held in custody in a prison or other institution; and

(b)whether by means of a live television link or otherwise, he is able to see and hear the court and to be seen and heard by it.

(2)A court shall not give a direction under subsection (1) above unless—

(a)it has been notified by the Secretary of State that facilities are available for enabling persons held in custody in the institution in which the accused is or is to be so held to see and hear the court and to be seen and heard by it; and

(b)the notice has not been withdrawn.

(3)If in a case where it has power to do so a magistrates’ court decides not to give a direction under subsection (1) above, it shall give its reasons for not doing so.

(4)In this section “the start of the trial” has the meaning given by subsection (11A) or (11B) of section 22 of the 1985 Act.

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Commencement Information

I48S. 57 wholly in force; S. 57 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Part IVE+W+S+N.I. Dealing with offenders

Chapter IE+W+S+N.I. England and Wales

Sexual or violent offendersE+W

F10558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F105S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

59 Effect of extended sentences.E+W

For section 44 of the 1991 Act there shall be substituted the following section—

44 Extended sentences for sexual or violent offenders.

(1)This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998.

(2)Subject to the provisions of this section and section 51(2D) below, this Part, except sections 40 and 40A, shall have effect as if the term of the extended sentence did not include the extension period.

(3)Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(4)Where, apart from this subsection, the prisoner would be released unconditionally—

(a)he shall be released on licence; and

(b)the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(5)The extension period shall be taken to begin as follows—

(a)for the purposes of subsection (3) above, on the date given by section 37(1) above;

(b)for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.

(6)Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.

(7)For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.

(8)In this section “extension period” has the same meaning as in section 58 of the Crime and Disorder Act 1998.

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Modifications etc. (not altering text)

C9S. 59 restricted (19.9.1998) by S.I. 1998/2327, art.8(1).

Commencement Information

I49S. 59 wholly in force; S. 59 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

60 Re-release of prisoners serving extended sentences.E+W

After section 44 of the 1991 Act there shall be inserted the following section—

44A Re-release of prisoners serving extended sentences.

(1)This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.

(2)Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.

(3)Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.

(4)On a reference—

(a)under this section; or

(b)under section 39(4) above,

the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).

(5)If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.

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Commencement Information

I50S. 60 wholly in force; S. 60 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Offenders dependent etc. on drugsE+W+S+N.I.

F10661. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F10762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F10863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F10964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

Young offenders: reprimands and warningsE+W+S

65 Reprimands and warnings.E+W+S

(1)Subsections (2) to (5) below apply where—

(a)a constable has evidence that a child or young person (“the offender”) has committed an offence;

(b)the constable considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted;

(c)the offender admits to the constable that he committed the offence;

(d)the offender has not previously been convicted of an offence; and

(e)the constable is satisfied that it would not be in the public interest for the offender to be prosecuted.

(2)Subject to subsection (4) below, the constable may reprimand the offender if the offender has not previously been reprimanded or warned.

(3)The constable may warn the offender if—

(a)the offender has not previously been warned; or

(b)where the offender has previously been warned, the offence was committed more than two years after the date of the previous warning and the constable considers the offence to be not so serious as to require a charge to be brought;

but no person may be warned under paragraph (b) above more than once.

(4)Where the offender has not been previously reprimanded, the constable shall warn rather than reprimand the offender if he considers the offence to be so serious as to require a warning.

(5)The constable shall—

[F110(a)where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and]

(b)explain to the offender and, where he is under that age, the appropriate adult in ordinary language—

(i)in the case of a reprimand, the effect of subsection (5)(a) of section 66 below;

(ii)in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of that section, and any guidance issued under subsection (3) of that section.

(6)The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—

(a)the circumstances in which it is appropriate to give reprimands or warnings, including criteria for determining—

(i)for the purposes of subsection (3)(b) above, whether an offence is not so serious as to require a charge to be brought; and

(ii)for the purposes of subsection (4) above, whether an offence is so serious as to require a warning;

[F111(aa)the places where reprimands and warnings may be given]

(b)the category of constable by whom reprimands and warnings may be given; and

(c)the form which reprimands and warnings are to take and the manner in which they are to be given and recorded.

(7)In this section “appropriate adult”, in relation to a child or young person, means—

(a)his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;

(b)a social worker of a local authority social services department;

(c)if no person falling within paragraph (a) or (b) above is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.

(8)No caution shall be given to a child or young person after the commencement of this section.

(9)Any reference (however expressed) in any enactment passed before or in the same Session as this Act to a person being cautioned shall be construed, in relation to any time after that commencement, as including a reference to a child or young person being reprimanded or warned.

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Amendments (Textual)

Commencement Information

I51S. 65 wholly in force at 1.6.2000; S. 65 not in force at Royal Assent, see s. 121; S. 65 in force at 30.9.1998 for the purpose of warning a person under s. 65 in any area specified in Sch. 3 of the said S.I. by S.I. 1998/2327, art. 3(3) (as amended by 1998/2412); s. 65 in force for specified purposes at 1.4.2000 and 1.6.2000 insofar as not already in force by S.I. 2000/924, arts. 3, 4, Sch.

66 Effect of reprimands and warnings.E+W

(1)Where a constable warns a person under section 65 above, he shall as soon as practicable refer the person to a youth offending team.

(2)A youth offending team—

(a)shall assess any person referred to them under subsection (1) above; and

(b)unless they consider it inappropriate to do so, shall arrange for him to participate in a rehabilitation programme.

(3)The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—

(a)what should be included in a rehabilitation programme arranged for a person under subsection (2) above;

(b)the manner in which any failure by a person to participate in such a programme is to be recorded; and

(c)the persons to whom any such failure is to be notified.

(4)Where a person who has been warned under section 65 above is convicted of an offence committed within two years of the warning, the court by or before which he is so convicted—

(a)shall not make an order under subsection (1)(b) (conditional discharge) of [F112section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and

(b)where it does so, shall state in open court that it is of that opinion and why it is.

(5)The following, namely—

(a)any reprimand of a person under section 65 above;

(b)any warning of a person under that section; and

(c)any report on a failure by a person to participate in a rehabilitation programme arranged for him under subsection (2) above,

may be cited in criminal proceedings in the same circumstances as a conviction of the person may be cited.

(6)In this section “rehabilitation programme” means a programme the purpose of which is to rehabilitate participants and to prevent them from re-offending.

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Amendments (Textual)

F112Words in s. 66(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 198

Modifications etc. (not altering text)

C10S. 66(4) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))

Commencement Information

I52S. 66 wholly in force at 1.6.2000; S. 66 not in force at Royal Assent, see s. 121; S. 66 in force at 30.9.1998 for the purpose of warning a person under s. 65 in any area specified in Sch. 3 of the said S.I. by S.I. 1998/2327, art. 3(3) (as amended by 1998/2412); s. 66 in force at 1.4.2000 for specified purposes and 1.6.2000 insofar as not already in force by S.I. 2000/924, arts. 3, 4, Sch.

Young offenders: non-custodial ordersE+W+S+N.I.

F11367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F113S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11468. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F114S. 68 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F115S. 69 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11670. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F116S. 70 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11771. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F117S. 71 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F11872. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F118S. 72 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Young offenders: detention and training ordersE+W

F11973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F119S. 73 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12074. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F120S. 74 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F121S. 75 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F122S. 76 repealed (25.8.2000) by 2000 c. 6. ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12377. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F123S. 77 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F124S. 78 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F12579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F125S. 79 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Sentencing: generalE+W+S+N.I.

80 Sentencing guidelines.E+W

(1)This section applies where the Court—

(a)is seised of an appeal against, or a reference under section 36 of the M64Criminal Justice Act 1988 with respect to, the sentence passed for an offence; or

(b)receives a proposal under section 81 below in respect of a particular category of offence;

and in this section “the relevant category” means any category within which the offence falls or, as the case may be, the category to which the proposal relates.

(2)The Court shall consider—

(a)whether to frame guidelines as to the sentencing of offenders for offences of the relevant category; or

(b)where such guidelines already exist, whether it would be appropriate to review them.

(3)Where the Court decides to frame or revise such guidelines, the Court shall have regard to—

(a)the need to promote consistency in sentencing;

(b)the sentences imposed by courts in England and Wales for offences of the relevant category;

(c)the cost of different sentences and their relative effectiveness in preventing re-offending;

(d)the need to promote public confidence in the criminal justice system; and

(e)the views communicated to the Court, in accordance with section 81(4)(b) below, by the Sentencing Advisory Panel.

(4)Guidelines framed or revised under this section shall include criteria for determining the seriousness of offences, including (where appropriate) criteria for determining the weight to be given to any previous convictions of offenders or any failures of theirs to respond to previous sentences.

(5)In a case falling within subsection (1)(a) above, guidelines framed or revised under this section shall, if practicable, be included in the Court’s judgment in the appeal.

(6)Subject to subsection (5) above, guidelines framed or revised under this section shall be included in a judgment of the Court at the next appropriate opportunity (having regard to the relevant category of offence).

(7)For the purposes of this section, the Court is seised of an appeal against a sentence if—

(a)the Court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the M65Criminal Appeal Act 1968; or

(b)in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,

and (in either case) the appeal has not been abandoned or disposed of.

(8)For the purposes of this section, the Court is seised of a reference under section 36 of the M66Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.

(9)In this section and section 81 below—

  • the Court” means the criminal division of the Court of Appeal;

  • offence” means an indictable offence.

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Marginal Citations

81 The Sentencing Advisory Panel.E+W

(1)The Lord Chancellor, after consultation with the Secretary of State and the Lord Chief Justice, shall constitute a sentencing panel to be known as the Sentencing Advisory Panel (“the Panel”) and appoint one of the members of the Panel to be its chairman.

(2)Where, in a case falling within subsection (1)(a) of section 80 above, the Court decides to frame or revise guidelines under that section for a particular category of offence, the Court shall notify the Panel.

(3)The Panel may at any time, and shall if directed to do so by the Secretary of State, propose to the Court that guidelines be framed or revised under section 80 above for a particular category of offence.

(4)Where the Panel receives a notification under subsection (2) above or makes a proposal under subsection (3) above, the Panel shall—

(a)obtain and consider the views on the matters in issue of such persons or bodies as may be determined, after consultation with the Secretary of State and the Lord Chief Justice, by the Lord Chancellor;

(b)formulate its own views on those matters and communicate them to the Court; and

(c)furnish information to the Court as to the matters mentioned in section 80(3)(b) and (c) above.

(5)The Lord Chancellor may pay to any member of the Panel such remuneration as he may determine.

F12682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F126S. 82 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Miscellaneous and supplementalE+W

83 Power to make confiscation orders on committal for sentence.E+W

After subsection (9) of section 71 of the M67Criminal Justice Act 1988 (confiscation orders) there shall be inserted the following subsection—

(9A)Where an offender is committed by a magistrates’ court for sentence under section 38 or 38A of the M68Magistrates’ Courts Act 1980 or section 56 of the M69Criminal Justice Act 1967, this section and sections 72 to 74C below shall have effect as if the offender had been convicted of the offence in the proceedings before the Crown Court and not in the proceedings before the magistrates’ court.

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Commencement Information

I53S. 83 wholly in force; S. 83 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

F12784. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F127S. 84 repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2; and s. 84(2) expressed to be repealed (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2002/2306, art. 2(g)(i)(iii)(f)

F12885. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
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Amendments (Textual)

F128S. 85 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Chapter IIS Scotland

Sexual or violent offendersS

86 Extended sentences for sex and violent offenders.S

(1)After section 210 of the 1995 Act there shall be inserted the following section—

210A Extended sentences for sex and violent offenders.

(1)Where a person is convicted on indictment of a sexual or violent offence, the court may, if it—

(a)intends, in relation to—

(i)a sexual offence, to pass a determinate sentence of imprisonment; or

(ii)a violent offence, to pass such a sentence for a term of four years or more; and

(b)considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from the offender,

pass an extended sentence on the offender.

(2)An extended sentence is a sentence of imprisonment which is the aggregate of—

(a)the term of imprisonment (“the custodial term”) which the court would have passed on the offender otherwise than by virtue of this section; and

(b)a further period (“the extension period”) for which the offender is to be subject to a licence and which is, subject to the provisions of this section, of such length as the court considers necessary for the purpose mentioned in subsection (1)(b) above.

(3)The extension period shall not exceed, in the case of—

(a)a sexual offence, ten years; and

(b)a violent offence, five years.

(4)A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.

(5)The term of an extended sentence passed for a statutory offence shall not exceed the maximum term of imprisonment provided for in the statute in respect of that offence.

(6)Subject to subsection (5) above, a sheriff may pass an extended sentence which is the aggregate of a custodial term not exceeding the maximum term of imprisonment which he may impose and an extension period not exceeding three years.

(7)The Secretary of State may by order—

(a)amend paragraph (b) of subsection (3) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph; and

(b)make such transitional provision as appears to him to be necessary or expedient in connection with the amendment.

(8)The power to make an order under subsection (7) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9)An extended sentence shall not be imposed where the sexual or violent offence was committed before the commencement of section 86 of the Crime and Disorder Act 1998.

(10)For the purposes of this section—

  • licence” and “relevant officer” have the same meaning as in Part I of the M70Prisoners and Criminal Proceedings (Scotland) Act 1993;

  • sexual offence” means—

    (i)

    rape;

    (ii)

    clandestine injury to women;

    (iii)

    abduction of a woman or girl with intent to rape or ravish;

    (iv)

    assault with intent to rape or ravish;

    (v)

    indecent assault;

    (vi)

    lewd, indecent or libidinous behaviour or practices;

    (vii)

    shameless indecency;

    (viii)

    sodomy;

    (ix)

    an offence under section 170 of the M71Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the M72Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons;

    (x)

    an offence under section 52 of the M73Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children);

    (xi)

    an offence under section 52A of that Act (possession of indecent images of children);

    (xii)

    an offence under section 1 of the M74Criminal Law (Consolidation) (Scotland) Act 1995 (incest);

    (xiii)

    an offence under section 2 of that Act (intercourse with a stepchild);

    (xiv)

    an offence under section 3 of that Act (intercourse with child under 16 by person in position of trust);

    (xv)

    an offence under section 5 of that Act (unlawful intercourse with girl under 16);

    (xvi)

    an offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16);

    (xvii)

    an offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse);

    (xviii)

    an offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); and

    (xix)

    an offence under subsection (5) of section 13 of that Act (homosexual offences);

  • imprisonment” includes—

    (i)

    detention under section 207 of this Act; and

    (ii)

    detention under section 208 of this Act; and

  • violent offence” means any offence (other than an offence which is a sexual offence within the meaning of this section) inferring personal violence.

(11)Any reference in subsection (10) above to a sexual offence includes—

(a)a reference to any attempt, conspiracy or incitement to commit that offence; and

(b)except in the case of an offence in paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence.

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Marginal Citations

(2)In section 209 of the 1995 Act (supervised release orders), in subsection (1)—

(a)after the word “convicted” there shall be inserted the words “ on indictment ”;

(b)after the words “an offence” there shall be inserted the words “ , other than a sexual offence within the meaning of section 210A of this Act, ”; and

(c)the words “not less than twelve months but” shall cease to have effect.

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Modifications etc. (not altering text)

C11S. 86(2)(b)(c) restricted (19.9.1998) by S.I. 1998/2327, art.8(2).

Commencement Information

I54S. 86 wholly in force; S. 86 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

87 Further provision as to extended sentences.S

After section 26 of the M75Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) there shall be inserted the following section—

Extended sentencesS
26A Extended sentences.

(1)This section applies to a prisoner who, on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force, has been made subject to an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences).

(2)Subject to the provisions of this section, this Part of this Act, except section 1A, shall apply in relation to extended sentences as if any reference to a sentence or term of imprisonment was a reference to the custodial term of an extended sentence.

(3)Where a prisoner subject to an extended sentence is released on licence under this Part the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

(4)Where, apart from this subsection, a prisoner subject to an extended sentence would be released unconditionally—

(a)he shall be released on licence; and

(b)the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.

(5)The extension period shall be taken to begin as follows—

(a)for the purposes of subsection (3) above, on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the custodial term;

(b)for the purposes of subsection (4) above, on the date on which, apart from that subsection, he would have been released unconditionally.

(6)Subject to section 1A(c) of this Act and section 210A(3) of the 1995 Act and to any direction by the court which imposes an extended sentence, where a prisoner is subject to two or more extended sentences, the extension period which is taken to begin in accordance with subsection (5) above shall be the aggregate of the extension period of each of those sentences.

(7)For the purposes of sections 12(3) and 17(1) of this Act, and subject to subsection (8) below, the question whether a prisoner is a long-term or short-term prisoner shall be determined by reference to the extended sentence.

(8)Where a short-term prisoner serving an extended sentence in respect of a sexual offence is released on licence under subsection (4)(a) above, the provisions of section 17 of this Act shall apply to him as if he was a long-term prisoner.

(9)In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to his sentence shall be construed as a reference to the extended sentence.

(10)For the purposes of this section “custodial term”, “extension period” and “imprisonment” shall have the same meaning as in section 210A of the 1995 Act.

(11)In section 1A(c) and section 16(1)(a) of this Act, the reference to the date on which a prisoner would have served his sentence in full shall mean, in relation to a prisoner subject to an extended sentence, the date on which the extended sentence, as originally imposed by the court, would expire.

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Commencement Information

I55S. 87 wholly in force; S. 87 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

88 Re-release of prisoners serving extended sentences.S

After section 3 of the 1993 Act there shall be inserted the following section—

3A Re-release of prisoners serving extended sentences.

(1)This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act.

(2)Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—

(a)where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral;

(b)in any other case, at any time.

(3)Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence.

(4)Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.

(5)If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.

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Commencement Information

I56S. 88 wholly in force; S. 88 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Offenders dependent etc. on drugsS

89 Drug treatment and testing orders.S

After section 234A of the 1995 Act there shall be inserted the following section—

234B Drug treatment and testing order.

(1)This section applies where a person of 16 years of age or more is convicted of an offence, other than one for which the sentence is fixed by law, committed on or after the date on which section 89 of the Crime and Disorder Act 1998 comes into force.

(2)Subject to the provisions of this section, the court by or before which the offender is convicted may, if it is of the opinion that it is expedient to do so instead of sentencing him, make an order (a “drug treatment and testing order”) which shall—

(a)have effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and

(b)include the requirements and provisions mentioned in section 234C of this Act.

(3)A court shall not make a drug treatment and testing order unless it—

(a)has been notified by the Secretary of State that arrangements for implementing such orders are available in the area of the local authority proposed to be specified in the order under section 234C(6) of this Act and the notice has not been withdrawn;

(b)has obtained a report by, and if necessary heard evidence from, an officer of the local authority in whose area the offender is resident about the offender and his circumstances; and

(c)is satisfied that—

(i)the offender is dependent on, or has a propensity to misuse, drugs;

(ii)his dependency or propensity is such as requires and is susceptible to treatment; and

(iii)he is a suitable person to be subject to such an order.

(4)For the purpose of determining for the purposes of subsection (3)(c) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify.

(5)A drug treatment and testing order or an order under subsection (4) above shall not be made unless the offender expresses his willingness to comply with its requirements.

(6)The Secretary of State may by order—

(a)amend paragraph (a) of subsection (2) above by substituting a different period for the minimum or the maximum period for the time being specified in that paragraph; and

(b)make such transitional provisions as appear to him necessary or expedient in connection with any such amendment.

(7)The power to make an order under subsection (6) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(8)A drug treatment and testing order shall be as nearly as may be in the form prescribed by Act of Adjournal.

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Commencement Information

I57S. 89 wholly in force; S. 89 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

90 Requirements and provisions to be included in drug treatment and testing orders.S

After section 234B of the 1995 Act there shall be inserted the following section—

234C Requirements and provisions of drug treatment and testing orders.

(1)A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(2)The required treatment for any particular period shall be—

(a)treatment as a resident in such institution or place as may be specified in the order; or

(b)treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(3)A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is required to submit to treatment as a resident).

(4)A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.

(5)The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(6)A drug treatment and testing order shall specify the local authority in whose area the offender will reside when the order is in force and require that authority to appoint or assign an officer (a “supervising officer”) for the purposes of subsections (7) and (8) below.

(7)A drug treatment and testing order shall—

(a)provide that, for the treatment and testing period, the offender shall be under the supervision of a supervising officer;

(b)require the offender to keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and

(c)provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the supervising officer.

(8)Supervision by the supervising officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—

(a)to report on the offender’s progress to the appropriate court;

(b)to report to that court any failure by the offender to comply with the requirements of the order; and

(c)to determine whether the circumstances are such that he should apply to that court for the variation or revocation of the order.

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Commencement Information

I58S. 90 wholly in force; S. 90 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

91 Procedural matters relating to drug treatment and testing orders.S

After section 234C of the 1995 Act there shall be inserted the following section—

234D Procedural matters relating to drug treatment and testing orders.

(1)Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow under section 234G of this Act if he fails to comply with any of those requirements;

(c)that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or the supervising officer; and

(d)that the order will be periodically reviewed at intervals provided for in the order.

(2)