SCHEDULES

SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982

Section 24(4).

Annotations:
Marginal Citations

Schedule 2A Retention and disposal of property seized under section 54(2A) of this Act

Section 54(2C).

Application

1

This schedule applies to property seized under section 54(2A) of this Act.

Retention

2

1

Subject to sub-paragraph (2) below, property to which this Schedule applies may be retained for a period of twenty-eight days beginning with the day on which it was seized.

2

Where proceedings for an offence are instituted within the period specified in sub-paragraph (1) above against any person, the property may be retained for a period beginning on the day on which it was seized and ending on the day when—

a

the prosecutor certifies that the property is not, or is no longer, required as a production in criminal proceedings or for any purpose relating to such proceedings;

b

the accused in such proceedings—

i

is sentenced or otherwise dealt with for the offence; or

ii

is acquitted of the offence; or

c

the proceedings are expressly abandoned by the prosecutor or are desertedsimpliciter.

Arrangements for custody of property

3

1

Subject to the proviso to section 17(3)(b) of the M1Police (Scotland) Act 1967 (duty to comply with instructions received from prosecutor), the chief constable shall, in accordance with the provisions of this Schedule, make such arrangements as he considers appropriate for the care, custody, return or disposal of property to which this Schedule applies.

2

Any reference in this Schedule to property being in the possession of, delivered by or disposed of by, the chief constable includes a reference to its being in the possession of, delivered by or disposed of by, another person under arrangements made under sub-paragraph (1) above.

Disposal

4

Where the period of retention permitted by paragraph 2 above expires and the chief constable has reason to believe that the person from whom the property was seized is not the owner or the person having right to possession of it, he shall take reasonable steps to ascertain the identity of the owner or of the person with that right and to notify him of the procedures determined under paragraph 5(1) below.

5

1

Subject to sub-paragraphs (5) and (6) below, the owner or any person having right to possession of any property to which this Schedule applies and which, at the expiry of the period of retention permitted by paragraph 2 above, is in the possession of the chief constable may at any time prior to its disposal under paragraph 6 below claim that property in accordance with such procedure as the chief constable may determine.

2

Subject to sub-paragraphs (3), (5) and (6) below, where the chief constable considers that the person making a claim in accordance with the procedure determined under sub-paragraph (1) above is the owner of the property or has a right to possession of it, he shall deliver the property to the claimant.

3

Subject to sub-paragraph (4) below, the chief constable may impose such conditions connected with the delivery to the claimant of property under sub-paragraph (2) above as he thinks fit and, without prejudice to that generality, such conditions may relate to the payment of such reasonable charges (including any reasonable expenses incurred in relation to the property by or on behalf of him) as he may determine.

4

No condition relating to the payment of any charge shall be imposed by the chief constable on the owner or person having right of possession of the property where he is satisfied that that person did not know, and had no reason to suspect, that the property to which this Schedule applies was likely to be used in a manner which gave rise to its seizure.

5

This paragraph does not apply where the period of retention expires in such manner as is mentioned in paragraph 2(2)(b)(i) above and the court by which he was convicted has made a suspended forfeiture order or a restraint order in respect of the property to which this Schedule applies.

6

This paragraph shall cease to apply where at any time—

a

the property to which this Schedule applies—

i

is seized under any other power available to a constable; or

ii

passes into the possession of the prosecutor; or

b

proceedings for an offence are instituted, where the property to which this Schedule applies is required as a production.

6

1

Where this sub-paragraph applies, the chief constable may—

a

sell property to which this Schedule applies; or

b

if in his opinion it would be impracticable to sell such property, dispose of it.

2

Sub-paragraph (1) above applies—

a

at any time after the expiry of the relevant period where, within that period—

i

no claim has been made under paragraph 5 above; or

ii

any such a claim which has been made has been rejected by the chief constable; and

b

where a claim has been made under paragraph 5 above and not determined within the relevant period, at any time after the rejection of that claim by the chief constable.

3

In sub-paragraph (2) above, the “relevant period” means a period of six months beginning with the day on which the period of retention permitted by paragraph 2 above expired.

4

Sections 71, 72 and 77(1) of this Act shall apply to a disposal under this paragraph as they apply to a disposal under section 68 of this Act.

Appeals

7

1

A claimant under sub-paragraph (2) of paragraph 5 above may appeal to the sheriff against any decision of the chief constable made under that paragraph as respects the claim.

2

The previous owner of any property disposed of for value under paragraph 6 above may appeal to the sheriff against any decision of the chief constable made under section 72 of this Act as applied by sub-paragraph (4) of that paragraph.

3

Subsections (3) to (5) of section 76 of this Act shall apply to an appeal under this paragraph as they apply to an appeal under that section.

Interpretation

8

In this Schedule—

  • chief constable” means the chief constable for the police area in which the property to which this Schedule applies was seized, and includes a constable acting under the direction of the chief constable for the purposes of this Schedule;

  • restraint order” shall be construed in accordance with section 28(1) of the M2Proceeds of Crime (Scotland) Act 1995;

  • suspended forfeiture order” shall be construed in accordance with section 21(2) of that Act.

I12SCHEDULE 2 The Youth Justice Board: further provisions

Section 41(11).

Annotations:
Commencement Information
I12

Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 121; Sch. 2 paras 1-2 in force for certain purposes at 1.8.1998 by 1998/1883; Sch. 2 in force at 30.9.1998 to the extent that it is not already in force by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Membership

I11

The Secretary of State shall appoint one of the members of the Board to be their chairman.

I22

1

Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Board, or as chairman of the Board, in accordance with the terms of his appointment.

2

An appointment as a member of the Board may be full-time or part-time.

3

The appointment of a person as a member of the Board, or as chairman of the Board, shall be for a fixed period of not longer than five years.

4

Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Board, or as chairman of the Board, expires shall be eligible for re-appointment.

5

No person may hold office as a member of the Board for a continuous period which is longer than ten years.

6

A person may at any time resign his office as a member of the Board, or as chairman of the Board, by notice in writing addressed to the Secretary of State.

7

The terms of appointment of a member of the Board, or the chairman of the Board, may provide for his removal from office (without cause being assigned) on notice from the Secretary of State of such length as may be specified in those terms, subject (if those terms so provide) to compensation from the Secretary of State; and in any such case the Secretary of State may remove that member from office in accordance with those terms.

8

Where—

a

the terms of appointment of a member of the Board, or the chairman of the Board, provide for compensation on his removal from office in pursuance of sub-paragraph (7) above; and

b

the member or chairman is removed from office in pursuance of that sub-paragraph,

the Board shall pay to him compensation of such amount, and on such terms, as the Secretary of State may with the approval of the Treasury determine.

9

The Secretary of State may also at any time remove a person from office as a member of the Board if satisfied—

a

that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time;

b

that he has been convicted of a criminal offence;

c

that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

d

that he is unable or unfit to discharge his functions as a member.

10

The Secretary of State shall remove a member of the Board, or the chairman of the Board, from office in pursuance of this paragraph by declaring his office as a member of the Board to be vacant and notifying that fact in such manner as the Secretary of State thinks fit; and the office shall then become vacant.

11

If the chairman of the Board ceases to be a member of the Board he shall also cease to be chairman.

Members and employees

I33

1

The Board shall—

a

pay to members of the Board such remuneration;

b

pay to or in respect of members of the Board any such allowances, fees, expenses and gratuities; and

c

pay towards the provision of pensions to or in respect of members of the Board any such sums,

as the Board are required to pay by or in accordance with directions given by the Secretary of State.

2

Where a member of the Board was, immediately before becoming a member, a participant in a scheme under section 1 of the M3Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above.

3

Where—

a

a person ceases to hold office as a member of the Board otherwise than on the expiry of his term of appointment; and

b

it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.

I44

1

The Board may appoint a chief executive and such other employees as the Board think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

2

The Board shall—

a

pay to employees of the Board such remuneration; and

b

pay to or in respect of employees of the Board any such allowances, fees, expenses and gratuities,

as the Board may, with the consent of the Secretary of State, determine.

3

Employment by the Board shall be included among the kinds of employment to which a scheme under section 1 of the M4Superannuation Act 1972 may apply.

I55

The Board shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the M5Superannuation Act 1972.

House of Commons disqualification

I66

In Part II of Schedule 1 to the M6House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place the following entry— “ The Youth Justice Board for England and Wales ”.

Procedure

I77

1

The arrangements for the procedure of the Board (including the quorum for meetings) shall be such as the Board may determine.

2

The validity of any proceedings of the Board (or of any committee of the Board) shall not be affected by—

a

any vacancy among the members of the Board or in the office of chairman of the Board; or

b

any defect in the appointment of any person as a member of the Board or as chairman of the Board.

Annual reports and accounts

I88

1

As soon as possible after the end of each financial year of the Board, the Board shall send to the Secretary of State a report on the discharge of their functions during that year.

2

The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under this paragraph.

I99

1

The Board shall—

a

keep proper accounts and proper records in relation to the accounts; and

b

prepare a statement of accounts in respect of each financial year of the Board.

2

The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct.

3

The Board shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

4

The Comptroller and Auditor General shall—

a

examine, certify and report on the statement of accounts; and

b

lay a copy of the statement of accounts and of his report before each House of Parliament.

I1010

For the purposes of this Schedule the Board’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Board shall be the period beginning with the date of establishment of the Board and ending with the first 31st March which falls at least six months after that date.

Expenses

I1111

The Secretary of State shall out of money provided by Parliament pay to the Board such sums towards their expenses as he may determine.

SCHEDULE 3 Procedure where persons are sent for trial under section 51

Section 52(6).

Regulations

I131

The Attorney General shall by regulations provide that, where a person is sent for trial under section 51 F133or 51A of this Act on any charge or charges, copies of the documents containing the evidence on which the charge or charges are based shall, F1. . .—

a

be served on that person; and

b

be given to the Crown Court sitting at the place specified in the notice under F134section 51D(1) of this ActF2before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period..

F32

The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above.

Applications for dismissal

I142

1

A person who is sent for trial under section 51 F140or 51A of this Act on any charge or charges may, at any time—

a

after he is served with copies of the documents containing the evidence on which the charge or charges are based; and

b

before he is arraigned (and whether or not an indictment has been preferred against him),

apply orally or in writing to the Crown Court sitting at the place specified in the notice under F141section 51D(1) of this Act for the charge, or any of the charges, in the case to be dismissed.

2

The judge shall dismiss a charge (and accordingly quash any count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for F4him to be properly convicted.

3

No oral application may be made under sub-paragraph (1) above unless the applicant has given to the Crown Court sitting at the place in question written notice of his intention to make the application.

F1424

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

F1425

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

6

If the charge, or any of the charges, against the applicant is dismissed—

a

no further proceedings may be brought on the dismissed charge or charges except by means of the preferment of a voluntary bill of indictment; and

b

unless the applicant is in custody otherwise than on the dismissed charge or charges, he shall be discharged.

7

F5Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—

a

as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);

b

as to the contents and form of notices or other documents;

c

as to the manner in which evidence is to be submitted; and

d

as to persons to be served with notices or other material.

Reporting restrictions

I153

1

Except as provided by this paragraph, it shall not be lawful—

a

to publish in F167the United Kingdom a written report of an application under paragraph 2(1) above; or

b

to include in a relevant programme for reception in F168the United Kingdom a report of such an application,

if (in either case) the report contains any matter other than that permitted by this paragraph.

2

An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 2(1) above may be made by the judge dealing with the application.

3

Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

4

An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

5

It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 2(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

6

Where—

a

two or more persons were jointly charged; and

b

applications under paragraph 2(1) above are made by more than one of them,

sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “ all the applications are ”.

7

It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

8

The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say—

a

the identity of the court and the name of the judge;

b

the names, ages, home addresses and occupations of the accused and witnesses;

F169bb

where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;

c

the offence or offences, or a summary of them, with which the accused is or are charged;

d

the names of counsel and solicitors engaged in the proceedings;

e

where the proceedings are adjourned, the date and place to which they are adjourned;

f

the arrangements as to bail;

F139g

whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

9

The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—

a

at any relevant time; and

b

at the time of their publication or inclusion in a relevant programme.

F1709A

The following is relevant business information for the purposes of sub-paragraph (8) above—

a

any address used by the accused for carrying on a business on his own account;

b

the name of any business which he was carrying on on his own account at any relevant time;

c

the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

d

the address of any such firm;

e

the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

f

the address of the registered or principal office of any such company;

g

any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services.

10

If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—

a

in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

b

in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

c

in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

11

Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

12

Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

13

In this paragraph—

  • publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

  • relevant programme” means a programme included in a programme service (within the meaning of the M7Broadcasting Act 1990);

  • relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

Power of justice to take depositions etc.

I164

1

Sub-paragraph (2) below applies where a justice of the peace . . . is satisfied that—

a

any person in England and Wales (“the witness”) is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings for an offence for which a person has been sent for trial under section 51 F143or 51A of this Act by a magistrates’ court F6. . . ; and

F7b

it is in the interests of justice to issue a summons under this paragraph to secure the attendance of the witness to have his evidence taken as a deposition or to produce the document or other exhibit.

2

In such a case the justice shall issue a summons directed to the witness requiring him to attend before a justice at the time and place appointed in the summons, and to have his evidence taken as a deposition or to produce the document or other exhibit.

3

If a justice of the peace is satisfied by evidence on oath of the matters mentioned in sub-paragraph (1) above, and also that it is probable that a summons under sub-paragraph (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

4

A summons may also be issued under sub-paragraph (2) above if the justice is satisfied that the witness is outside the British Islands, but no warrant may be issued under sub-paragraph (3) above unless the justice is satisfied by evidence on oath that the witness is in England and Wales.

5

If—

a

the witness fails to attend before a justice in answer to a summons under this paragraph;

b

the justice is satisfied by evidence on oath that the witness is likely to be able to make a statement or produce a document or other exhibit as mentioned in sub-paragraph (1)(a) above;

c

it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him for costs and expenses; and

d

it appears to the justice that there is no just excuse for the failure,

the justice may issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

6

Where—

a

a summons is issued under sub-paragraph (2) above or a warrant is issued under sub-paragraph (3) or (5) above; and

b

the summons or warrant is issued with a view to securing that the witness has his evidence taken as a deposition,

the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before the relevant date.

7

If any person attending or brought before a justice in pursuance of this paragraph refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following—

a

commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as a deposition or produces the document or other exhibit;

b

impose on him a fine not exceeding £2,500.

8

A fine imposed under sub-paragraph (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

9

If in pursuance of this paragraph a person has his evidence taken as a deposition, the F8designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor and the Crown Court.

10

If in pursuance of this paragraph a person produces an exhibit which is a document, the F8designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor and the Crown Court.

11

If in pursuance of this paragraph a person produces an exhibit which is not a document, the F8designated officer for the justice concerned shall as soon as is reasonably practicable inform the prosecutor and the Crown Court of that fact and of the nature of the exhibit.

12

In this paragraph—

  • prescribed” means prescribed by F9Criminal Procedure Rules;

  • F171the relevant date” means the expiry of the period referred to in paragraph 1(1) above.

Use of depositions as evidence

I17C1C25

1

Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.

2

Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 F144or 51A of this Act or for any other offence arising out of the same transaction or set of circumstances.

3

Sub-paragraph (2) above does not apply if—

a

it is proved that the deposition was not signed by the justice by whom it purports to have been signed;

b

the court of trial at its discretion orders that sub-paragraph (2) above shall not apply; or

c

a party to the proceedings objects to sub-paragraph (2) above applying.

F104

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

Power of Crown Court to deal with summary offence

I186

1

This paragraph applies where a magistrates’ court has sent a person for trial under section 51 F145 or 51A of this Act for offences which include a summary offence.

2

If the person is convicted on the indictment, the Crown Court shall consider whether the summary offence is related to the F146indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent.

3

If it considers that the summary offence is so related, the court shall state to the person the substance of the offence and ask him whether he pleads guilty or not guilty.

4

If the person pleads guilty, the Crown Court shall convict him, but may deal with him in respect of the summary offence only in a manner in which a magistrates’ court could have dealt with him.

5

If he does not plead guilty, the powers of the Crown Court shall cease in respect of the summary offence except as provided by sub-paragraph (6) below.

6

If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the court shall dismiss it.

7

The Crown Court shall inform the F11F12designated officer for the magistrates’ court of the outcome of any proceedings under this paragraph.

8

If the summary offence is one to which section 40 of the M8Criminal Justice Act 1988 applies, the Crown Court may exercise in relation to the offence the power conferred by that section; but where the person is tried on indictment for such an offence, the functions of the Crown Court under this paragraph in relation to the offence shall cease.

9

Where the Court of Appeal allows an appeal against conviction of an F147 indictable offence which is related to a summary offence of which the appellant was convicted under this paragraph—

a

it shall set aside his conviction of the summary offence and give the clerk of the magistrates’ court notice that it has done so; and

b

it may direct that no further proceedings in relation to the offence are to be undertaken;

and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.

10

A notice under sub-paragraph (9) above shall include particulars of any direction given under paragraph (b) of that sub-paragraph in relation to the offence.

F1311

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

12

An offence is related to another offence for the purposes of this paragraph if it arises out of circumstances which are the same as or connected with those giving rise to the other offence.

Procedure where no indictable-only offence remains

I197

1

Subject to paragraph 13 below, this paragraph applies where—

a

a person has been sent for trial under section 51 F148or 51A of this Act but has not been arraigned; and

b

the person is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F149main offence.

2

Everything that the Crown Court is required to do under the following provisions of this paragraph must be done with the accused present in court.

3

The court shall cause to be read to the accused each F150remaining count of the indictment that charges an offence triable either way.

4

The court shall then explain to the accused in ordinary language that, in relation to each of those offences, he may indicate whether (if it were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty the court must proceed as mentioned in sub-paragraph (6) below.

5

The court shall then ask the accused whether (if the offence in question were to proceed to trial) he would plead guilty or not guilty.

6

If the accused indicates that he would plead guilty the court shall proceed as if he had been arraigned on the count in question and had pleaded guilty.

7

If the accused indicates that he would plead not guilty, or fails to indicate how he would plead, the court shall F151decide whether the offence is more suitable for summary trial or for trial on indictment.

8

Subject to sub-paragraph (6) above, the following shall not for any purpose be taken to constitute the taking of a plea—

a

asking the accused under this paragraph whether (if the offence were to proceed to trial) he would plead guilty or not guilty;

b

an indication by the accused under this paragraph of how he would plead.

F1529

In this paragraph, a “main offence” is—

a

an offence for which the person has been sent to the Crown Court for trial under section 51(1) of this Act; or

b

an offence—

i

for which the person has been sent to the Crown Court for trial under subsection (5) of section 51 or subsection (6) of section 51A of this Act (“the applicable subsection”); and

ii

in respect of which the conditions for sending him to the Crown Court for trial under the applicable subsection (as set out in paragraphs (a) to (c) of section 51(5) or paragraphs (a) and (b) of section 51A(6)) continue to be satisfied.

I208

1

Subject to paragraph 13 below, this paragraph applies in a case where—

a

a person has been sent for trial under section 51 F153or 51A of this Act but has not been arraigned;

b

he is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F154main offence (within the meaning of paragraph 7 above);

c

he is represented by a legal representative;

d

the Crown Court considers that by reason of his disorderly conduct before the court it is not practicable for proceedings under paragraph 7 above to be conducted in his presence; and

e

the court considers that it should proceed in his absence.

2

In such a case—

a

the court shall cause to be read to the representative each F155remaining count of the indictment that charges an offence triable either way;

b

the court shall ask the representative whether (if the offence in question were to proceed to trial) the accused would plead guilty or not guilty;

c

if the representative indicates that the accused would plead guilty the court shall proceed as if the accused had been arraigned on the count in question and had pleaded guilty;

d

if the representative indicates that the accused would plead not guilty, or fails to indicate how the accused would plead, the court shall F156decide whether the offence is more suitable for summary trial or for trial on indictment.

3

Subject to sub-paragraph (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—

a

asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;

b

an indication by the representative under this paragraph of how the accused would plead.

I219

1

This paragraph applies where the Crown Court is required by paragraph 7(7) or 8(2)(d) above to F157decide the question whether an offence is more suitable for summary trial or for trial on indictment.

F1582

Before deciding the question, the court—

a

shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and

b

shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.

3

In deciding the question, the court shall consider—

a

whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and

b

any representations made by the prosecution or the accused under sub-paragraph (2)(b) above,

and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section F135122 of the Coroners and Justice Act 2009.

4

Where—

a

the accused is charged on the same occasion with two or more offences; and

b

it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character;

sub-paragraph (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.

5

In this paragraph any reference to a previous conviction is a reference to—

a

a previous conviction by a court in the United Kingdom, F177...

F178aa

a previous conviction by a court in another member State of a relevant offence under the law of that State, or

F136b

a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).

F1795A

For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

I2210

1

This paragraph applies (unless excluded by paragraph 15 below) where the Crown Court considers that an offence is more suitable for summary trial.

F1822

The court shall explain to the accused in ordinary language—

a

that it appears to the court more suitable for him to be tried summarily for the offence, and that he can either consent to be so tried or, of he wishes, be tried by a jury; and

b

that if he is tried summarily and is convicted by the magistrates’ court, he may be committed for sentence to the Crown Court under F183section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 if the convicting court is of such opinion as is mentioned in subsection (2) of that section.

F1822

The court shall explain to the accused in ordinary language—

a

that it appears to the court more suitable for him to be tried summarily for the offence;

b

that he can either consent to be so tried or, if he wishes, be tried on indictment; and

c

in the case of a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the committing court is of such opinion as is mentioned in subsection (2) of that section.

3

After explaining to the accused as provided by sub-paragraph (2) above the court shall ask him whether he wishes to be tried summarily or F184by a juryF184on indictment , and—

a

if he indicates that he wishes to be tried summarily, shall remit him for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial;

b

if he does not give such an indication, shall retain its functions in relation to the offence and proceed accordingly.

I2311

If the Crown Court considers that an offence is more suitable for trial on indictment, the court—

a

shall tell the accused that it has decided that it is more suitable for him to be tried for the offence F159on indictment; and

b

shall retain its functions in relation to the offence and proceed accordingly.

F16012

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

I2413

1

This paragraph applies, in place of paragraphs 7 to 12 above, in the case of a child or young person who—

a

has been sent for trial under section 51 F161or 51A of this Act but has not been arraigned; and

b

is charged on an indictment which (following amendment of the indictment, or as a result of an application under paragraph 2 above, or for any other reason) includes no F162main offence.

2

The Crown Court shall remit the child or young person for trial to a magistrates’ court acting for the place where he was sent to the Crown Court for trial F163. . .

F1643

In this paragraph, a “main offence” is—

a

an offence for which the child or young person has been sent to the Crown Court for trial under section 51A(2) of this Act; or

b

an offence—

i

for which the child or young person has been sent to the Crown Court for trial under subsection (7) of section 51 of this Act; and

ii

in respect of which the conditions for sending him to the Crown Court for trial under that subsection (as set out in paragraphs (a) and (b) of that subsection) continue to be satisfied.

Procedure for determining whether offences of criminal damage etc. are summary offences

I2514

1

This paragraph applies where the Crown Court has to determine, for the purposes of this Schedule, whether an offence which is listed in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) is a summary offence.

2

The court shall have regard to any representations made by the prosecutor or the accused.

3

If it appears clear to the court that the value involved does not exceed the relevant sum, it shall treat the offence as a summary offence.

4

If it appears clear to the court that the value involved exceeds the relevant sum, it shall treat the offence as an indictable offence.

5

If it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, the court shall ask the accused whether he wishes the offence to be treated as a summary offence.

6

Where sub-paragraph (5) above applies—

a

if the accused indicates that he wishes the offence to be treated as a summary offence, the court shall so treat it;

b

if the accused does not give such an indication, the court shall treat the offence as an indictable offence.

7

In this paragraph “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).

F14SCHEDULE 4

Annotations:
Amendments (Textual)
F14

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

Preliminary

1

Schedule 2 to the 1991 Act (enforcement etc. of community orders) shall be amended as follows.

Meaning of “relevant order” etc.

2

1

In sub-paragraph (1) of paragraph 1 (preliminary)—

a

after the words “a probation order,” there shall be inserted the words “ a drug treatment and testing order, ”; and

b

in paragraph (a), for the words “probation or community service order” there shall be substituted the words “ probation, community service or drug treatment and testing order ”.

2

After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph—

4

In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.

Breach of requirements of order

F1223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In sub-paragraph (1) of paragraph 4 (powers of Crown Court), after the word “Where” there shall be inserted the words “ under paragraph 2 or ”.

5

In sub-paragraph (2) of paragraph 5 (exclusions), for the words “is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol,” there shall be substituted the following paragraphs—

a

is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or

b

is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,

Revocation of order

6

1

In sub-paragraph (1) of paragraph 7 (revocation of order by magistrates’ court), after the words “the petty sessions area concerned” there shall be inserted the words “ or, where the relevant order is a drug treatment and testing order for which a magistrates’ court is responsible, to that court ”.

2

In sub-paragraph (3) of that paragraph—

a

after the words “a probation order” there shall be inserted the words “ or drug treatment and testing order ”; and

b

after the word “supervision” there shall be inserted the words “ or, as the case may be, treatment ”.

7

F1231

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

2

In sub-paragraph (3) of that paragraph—

a

after the words “a probation order” there shall be inserted the words “ or drug treatment and testing order ”; and

b

after the word “supervision” there shall be inserted the words “ or, as the case may be, treatment ”.

8

In sub-paragraph (1) of paragraph 9 (revocation of order following custodial sentence), for paragraph (a) there shall be substituted the following paragraph—

a

an offender in respect of whom a relevant order is in force is convicted of an offence—

i

by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or

ii

where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and

Amendment of order

9

In sub-paragraph (1) of paragraph 12 (amendment by reason of change of residence), after the words “a relevant order” there shall be inserted the words “ (other than a drug treatment and testing order) ”.

10

After paragraph 14 there shall be inserted the following paragraph—

14A Amendment of drug treatment and testing order

1

Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order—

a

vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or

b

amend the order on an application by that officer under sub-paragraph (3)(c) below.

2

Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

a

he shall make a report in writing to that effect to the responsible officer; and

b

that officer shall apply to the court for the variation or cancellation of the requirement.

3

Where the responsible officer is of the opinion—

a

that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

b

that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

c

that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

4

The court—

a

shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

b

shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified.

5

If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

a

revoke the order; and

b

deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

6

In dealing with the offender under sub-paragraph (5)(b) above, the court—

a

shall take into account the extent to which the offender has complied with the requirements of the order; and

b

may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

7

Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”.

8

In this paragraph—

  • review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998;

  • the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.

11

In paragraph 16 (order not to be amended pending appeal), after the words “paragraph 13 or 15 above” there shall be inserted the words “ or, except with the consent of the offender, under paragraph 14A above ”.

12

1

In sub-paragraph (1) of paragraph 18 (notification of amended order), after the words “a relevant order” there shall be inserted the words “ (other than a drug treatment and testing order) ”.

2

After that sub-paragraph there shall be inserted the following sub-paragraph—

1A

On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.

3

In sub-paragraph (2) of that paragraph, after the words “sub-paragraph (1)” there shall be inserted the words “ or (1A) ”.

F15SCHEDULE 5

Annotations:
Amendments (Textual)
F15

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

Preliminary

1

In this Schedule—

  • the appropriate court”, in relation to a reparation order or action plan order, means the youth court acting for the petty sessions area for the time being named in the order in pursuance of section 67(9) or, as the case may be, section 69(9) of this Act;

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

General power to discharge or vary order

2

1

If while a reparation order or action plan order is in force in respect of an offender it appears to the appropriate court, on the application of the responsible officer or the offender, that it is appropriate to make an order under this sub-paragraph, the court may make an order discharging the reparation order or action plan 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.

2

Where an application under this paragraph for the discharge of a reparation order or action plan order is dismissed, no further application for its discharge shall be made under this paragraph by any person except with the consent of the appropriate court.

Failure to comply with order

3

1

This paragraph applies where a reparation order or action plan order is in force and it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement included in the order.

2

The court—

a

whether or not it also makes an order under paragraph 2 above, may order the offender to pay a fine of an amount not exceeding £1,000, or make an attendance centre order or curfew order in respect of him; or

b

if the reparation order or action plan order was made by a F124magistrates’ court, may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or

c

if the reparation order or action plan order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.

F1253

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

4

Where a court deals with an offender under sub-paragraph (2)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—

a

particulars of the offender’s failure to comply with the requirement in question; and

b

such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

5

Where—

a

by virtue of sub-paragraph (2)(c) above the offender is brought or appears before the Crown Court; and

b

it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,

that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.

6

Where the Crown Court deals with an offender under sub-paragraph (5) above, it shall revoke the reparation order or action plan order if it is still in force.

7

A fine imposed under this paragraph shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

8

In dealing with an offender under this paragraph, a court shall take into account the extent to which he has complied with the requirements of the reparation order or action plan order.

F1269

Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—

a

if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

b

if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.

Presence of offender in court, remands etc.

4

1

Where the responsible officer makes an application under paragraph 2 or 3 above to the appropriate court, he may bring the offender before the court and, subject to sub-paragraph (9) below, the court shall not make an order under that paragraph unless the offender is present before it.

2

Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2 or 3 above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

3

Subsections (3) and (4) of section 55 of the 1980 Act (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under sub-paragraph (2) above as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “ cannot be served or ”.

4

Where the offender is arrested in pursuance of a warrant under sub-paragraph (2) above and cannot be brought immediately before the appropriate court, the person in whose custody he is—

a

may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

b

shall within that period bring him before a youth court.

5

Where an offender is, under sub-paragraph (4) above, brought before a youth court other than the appropriate court, that court may—

a

direct that he be released forthwith; or

b

subject to sub-paragraph F127(7A) below, remand him to local authority accommodation.

F1286

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

7

F129Subject to sub-paragraph (7A) below, where an application is made to a court under paragraph 2(1) above, the court may remand (or further remand) the offender to local authority accommodation if—

a

a warrant has been issued under sub-paragraph (2) of this paragraph for the purpose of securing the attendance of the offender before the court; or

b

the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under paragraph 2(1) above.

F1307A

Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

a

to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or

b

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

8

A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority—

a

specified by the court; and

b

in whose area the offence or an offence associated with it was committed.

9

A court may make an order under paragraph 2 above in the absence of the offender if the effect of the order is one or more of the following, that is to say—

a

discharging the reparation order or action plan order;

b

cancelling a requirement included in the reparation order or action plan order;

c

altering in the reparation order or action plan order the name of any area;

d

changing the responsible officer.

Supplemental

5

1

The provisions of section 17 of the 1982 Act (attendance centre orders) shall apply for the purposes of paragraph 3(2)(a) above but as if—

a

in subsection (1), for the words from “has power” to “probation order” there were substituted the words “ considers it appropriate to make an attendance centre order in respect of any person in pursuance of paragraph 3(2) of Schedule 5 to the Crime and Disorder Act 1998 ”; and

b

subsection (13) were omitted.

2

Sections 18 and 19 of the 1982 Act (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of that paragraph but as if there were omitted—

a

from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and

b

from subsection (4B) of section 18 and subsection (6) of section 19, the words “for an offence”.

3

The provisions of section 12 of the 1991 Act (curfew orders) shall apply for the purposes of paragraph 3(2)(a) above but as if—

a

in subsection (1), for the words from the beginning to “before which he is convicted” there were substituted the words “ Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of paragraph 3(2)(a) of Schedule 5 to the Crime and Disorder Act 1998, the court ”; and

b

in subsection (8), for the words “on conviction” there were substituted the words “ on the date on which his failure to comply with a requirement included in the reparation order or action plan order was proved to the court ”.

4

Schedule 2 to the 1991 Act (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that paragraph but as if—

a

the power conferred on the magistrates’ court by each of paragraphs 3(1)(d) and F1317(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;

b

the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;

c

the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and

d

the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court (if that order was made by a magistrates’ court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.

5

For the purposes of the provisions mentioned in sub-paragraph (4)(a) and (d) above, as applied by that sub-paragraph, if the reparation order or action plan order is no longer in force the appropriate court’s powers shall be determined on the assumption that it is still in force.

F1326

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

7

The offender may appeal to the Crown Court against—

a

any order made under paragraphs 2 or 3 above, except an order made or which could have been made in his absence (by virtue of paragraph 4(9) above);

b

the dismissal of an application under paragraph 2 above to discharge a reparation order or action plan order.

I27SCHEDULE 6 Drug treatment and testing orders: amendment of the 1995 Act

Section 94(2).

Annotations:
Commencement Information
I27

Sch. 6 wholly in force; Sch. 6 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 I Amendments relating to combination of orders

1

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F16

Sch. 6 para. 1 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp13), ss. 14(2), 206(1), {sch. 2 para. 42}; S.S.I. 2010/413, art. 2, Sch.

2

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F17

Sch. 6 para. 2 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp13), ss. 14(2), 206(1), {sch. 2 para. 42}; S.S.I. 2010/413, art. 2, Sch.

3

For section 245D there shall be substituted the following section—

245D Combination of restriction of liberty order with other orders.

1

Subsection (3) applies where the court—

a

intends to make a restriction of liberty order under section 245A(1) of this Act; and

b

considers it expedient that the offender should also be subject to a probation order made under section 228(1) of this Act or to a drug treatment and testing order made under section 234B(2) of this Act or to both such orders.

2

In deciding whether it is expedient to make a probation order or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall—

a

have regard to the circumstances, including the nature of the offence and the character of the offender; and

b

obtain a report as to the circumstances and character of the offender.

3

Where this subsection applies, the court, notwithstanding sections 228(1), 234B(2) and 245A(1) of this Act, may make a restriction of liberty order and either or both of a probation order and a drug treatment and testing order.

4

Where the court makes a restriction of liberty order and a probation order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—

a

any person responsible for monitoring the offender’s compliance with the restriction of liberty order; and

b

the officer of the local authority who is to supervise the probationer.

5

Where the court makes a restriction of liberty order and a drug treatment and testing order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—

a

any person responsible for monitoring the offender’s compliance with the restriction of liberty order;

b

the treatment provider, within the meaning of section 234C(1) of this Act; and

c

the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act.

6

Where the court makes a restriction of liberty order, a probation order and a drug treatment and testing order the clerk of the court shall send copies of each of the orders to the persons mentioned—

a

in subsection (4) above;

b

in paragraph (b) of subsection (5) above; and

c

in paragraph (c) of that subsection, if that person would not otherwise receive such copies.

7

Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (3) above—

a

if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the powers conferred by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which the offender is subject by virtue of subsection (3) above and by section 245F(2) of this Act in relation to the restriction of liberty order;

b

if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 232(2)(c) of this Act in relation to a probation order to which the offender is subject by virtue of subsection (3) above and by section 245F(2)(b) of this Act in relation to the restriction of liberty order; and

c

if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 232(2)(c) of this Act in relation to a probation order and by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which, in either case, the offender is subject by virtue of subsection (3) above.

8

In any case to which this subsection applies, the offender may, without prejudice to subsection (7) above, be dealt with as respects that case under section 232(2) or, as the case may be, section 234G or section 245F(2) of this Act but he shall not be liable to be otherwise dealt with as respects that case.

9

Subsection (8) applies in a case where—

a

the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a probation order to which he is subject by virtue of subsection (3) above;

b

the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a drug treatment and testing order to which he is subject by virtue of subsection (3) above;

c

the offender by an act or omission fails to comply with a requirement contained in each of a restriction of liberty order, a probation order and a drug treatment and testing order to which he is subject by virtue of subsection (3) above.

4

1

Section 245G (disposal on revocation of restriction of liberty order) shall be amended as follows.

2

In subsection (2), for the words from “by” to the end there shall be substituted the words

by virtue of section 245D(3) of this Act, subject to a probation order or a drug treatment and testing order or to both such orders, it shall, before disposing the offender under subsection (1) above—

a

where he is subject to a probation order, discharge that order;

b

where he is subject to a drug treatment and testing order, revoke that order; and

c

where he is subject to both such orders, discharge the probation order and revoke the drug treatment and testing order.

3

After subsection (2) there shall be added—

3

Where the court orders a probation order discharged or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act.

4

Where the court orders a probation order discharged and a drug treatment and testing order revoked, the clerk of the court shall forthwith give copies of that order to the persons mentioned in section 245D(6) of this Act.

Part II Amendments relating to appeals

5

In section 106 (solemn appeals), in paragraph (d), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.

6

1

Section 108 (right of appeal of prosecutor) shall be amended as follows.

2

In subsection (1), after paragraph (d) there shall be inserted the following paragraph—

dd

a drug treatment and testing order;

3

In subsection (2)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.

7

1

Section 175 (appeals in summary cases) shall be amended as follows.

2

In subsection (2)(c), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.

3

In subsection (4), after paragraph (d) there shall be inserted the following paragraph—

dd

a drug treatment and testing order;

4

In subsection (4A)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.

I28SCHEDULE 7 Pre-consolidation amendments: powers of criminal courts

Section 106.

Annotations:
Commencement Information
I28

Sch. 7 wholly in force; Sch. 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)

Children and Young Persons Act 1933 (c.12)

F181

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

Criminal Justice Act 1967 (c.80)

F192

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

Children and Young Persons Act 1969 (c.54)

F203

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

F214

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

F225

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

F236

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

F247

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

8

In section 34(1)(c) of the 1969 Act (power of Secretary of State to amend references to young person), the words “7(7), 7(8),” shall cease to have effect.

9

Section 69(5) of the 1969 Act (power to include in commencement order certain consequential provisions) shall cease to have effect.

10

In section 70 of the 1969 Act (interpretation), for subsections (1A) and (1B) there shall be substituted the following subsections—

1A

In the case of a child or young person—

a

whose father and mother were not married to each other at the time of his birth, and

b

with respect to whom a residence order is in force in favour of the father,

any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.

1B

In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the M9Family Law Reform Act 1987 and “residence order” has the meaning given by section 8(1) of the M10Children Act 1989.

11

In Schedule 6 to the 1969 Act (repeals), the entries relating to sections 55, 56(1) and 59(1) of the 1933 Act (which entries have never come into force or are spent) are hereby repealed.

Criminal Justice Act 1972 (c.71)

12

Section 49 of the Criminal Justice Act 1972 (community service order in lieu of warrant of commitment for failure to pay fine etc.) shall cease to have effect.

Powers of Criminal Courts Act 1973 (c.62)

F2513

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

F2614

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

F2715

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

F2816

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

C317

Section 11 of the 1973 Act (which is superseded by the paragraph 8A inserted by this Schedule in Schedule 2 to the 1991 Act) shall cease to have effect.

F2918

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

F3019

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

F3120

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

F3221

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

F3322

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

F3423

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

F3524

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

F3625

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

F3726

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

F3827

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

Magistrates’ Courts Act 1980 (c.43)

F3928

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

F4029

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

F4130

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

F4231

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

32

In section 85(1)(a) of the 1980 Act (power to remit fine), for the words “section 74” there shall be substituted the words “ section 77 ”.

Criminal Justice Act 1982 (c.48)

F4333

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

F4434

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

F4535

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

F4636

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

F4737

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

F4838

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

Criminal Justice Act 1988 (c.33)

39

Paragraph 40 of Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments) shall cease to have effect.

Criminal Justice Act 1991 (c.53)

F4940

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

F5041

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

F5142

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

F5243

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

F5344

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

F5445

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

F5546

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

Crime (Sentences) Act 1997 (c.43)

F5647

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

F5748

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

F5849

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

50

1

In subsection (2)(a) of section 35 of the 1997 Act (community sentences for fine defaulters), for the words “and (11)” there shall be substituted the words “ , (10) and (11) ”.

F592

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

F593

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

F594

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

F595

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

6

In subsection (10) of that section, for the words “subsection (2)(b)” there shall be substituted the words “ subsection (2)(a) or (b) ”.

F6051

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

F6152

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

53

In section 54 of the 1997 Act (general interpretation), after subsection (3) there shall be added the following subsection—

4

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

54

In section 55(2) of the 1997 Act (interpretation of minor and consequential amendments), for the words “in any case where” (in both places where they occur) there shall be substituted the word “ and ”.

SCHEDULE 8 Minor and consequential amendments

Section 119.

Children and Young Persons Act 1933 (c.12)

1

In subsection (4A) of section 49 of the 1933 Act (restrictions on reports of proceedings), for paragraph (e) there shall be substituted the following paragraph—

e

where a detention and training order is made, the enforcement of any requirements imposed under section 76(6)(b) of the Crime and Disorder Act 1998.

F622

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

F633

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

F644

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

Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36)

I295

1

In subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders)—

a

after paragraph (ab) there shall be inserted the following paragraph—

ac

the person charged has been sent for trial for the offence under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998 (“the 1998 Act”); or

b

after paragraph (b) there shall be inserted the words

or

c

the bill is preferred under section 22B(3)(a) of the M11Prosecution of Offences Act 1985.

2

After paragraph (iA) of the proviso to that subsection there shall be inserted the following paragraph—

iB

in a case to which paragraph (ac) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 51(7) of the 1998 Act, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may be lawfully joined in the same indictment;

Prison Act 1952 (c.52)

6

In subsection (1) of section 43 of the Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them), for paragraph (d) there shall be substituted the following paragraph—

d

secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under section 73 of the Crime and Disorder Act 1998 may be detained and given training and education and prepared for their release.

7

1

In subsection (1) of section 49 of that Act (persons unlawfully at large), for the words from “imprisonment” to “secure training centre” there shall be substituted the words “ imprisonment or custody for life or ordered to be detained in secure accommodation or in a young offenders institution ”.

E12

In subsection (2) of that section—

a

for the words from “imprisonment” to “secure training centre” there shall be substituted the words “ imprisonment, or ordered to be detained in secure accommodation or in a young offenders institution ”; and

b

for the words from “in a prison” to “secure training centre” there shall be substituted the words “ in a prison or remand centre, in secure accommodation or in a young offenders institution ”.

3

After subsection (4) of that section there shall be inserted the following subsection—

5

In this section “secure accommodation” means—

a

a young offender institution;

b

a secure training centre; or

c

any other accommodation that is secure accommodation within the meaning given by section 75(7) of the Crime and Disorder Act 1998 (detention and training orders).

Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

F1728

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

Criminal Justice Act 1967 (c.80)

F659

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

F6610

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

I3011

At the end of subsection (2) of section 104 of that Act (general provisions as to interpretation) there shall be inserted the words

if—

a

the sentences were passed on the same occasion; or

b

where they were passed on different occasions, the person has not been released under Part II of the M12Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions.

Criminal Appeal Act 1968 (c.19)

I3112

In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words “for either way offence)” there shall be inserted the words “ or paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence) ”.

I3213

1

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In subsection (3) of F68section 10 of that Act, after paragraph (c) there shall be inserted the following paragraph—

cc

where the court makes such an order with regard to him as is mentioned in section 40(3A) of the Criminal Justice Act 1991.

Firearms Act 1968 (c.27)

14

1

In subsection (2) of section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), after the words “a secure training order” there shall be inserted the words “ or a detention and training order ”.

2

In subsection (2A) of that section, after paragraph (b) there shall be inserted the following paragraph—

c

in the case of a person who has been subject to a detention and training order—

i

the date on which he is released from detention under the order;

ii

the date on which he is released from detention ordered under section 77 of the Crime and Disorder Act 1998; or

iii

the date of the half-way point of the term of the order,

whichever is the later.

15

In subsection (1) of section 52 of that Act (forfeiture and disposal of firearms), for the words “secure training order” there shall be substituted the words “ detention and training order ”.

Children and Young Persons Act 1969 (c.54)

F6916

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

F7017

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

F7118

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

F7219

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

F7320

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

F7421

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

22

In subsection (14) of section 23 of the 1969 Act (remands and committals to local authority accommodation), paragraph (a) shall cease to have effect.

I3323

In subsection (1) of section 70 of the 1969 Act (interpretation), after the definition of “young person” there shall be inserted the following definition—

youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

Superannuation Act 1972 (c.11)

I3424

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of “Other Bodies” there shall be inserted the following entry— “ Youth Justice Board for England and Wales. ”

Powers of Criminal Courts Act 1973 (c.62)

F7525

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

F7626

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

F7727

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

F7828

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

F7929

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

F8030

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

F8131

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

F8232

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

F8333

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

F8434

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

Rehabilitation of Offenders Act 1974 (c.53)

F18035

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

36

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bail Act 1976 (c.63)

F17337

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

I3538

In paragraph 8(1) of Schedule 1 to that Act (persons entitled to bail: supplementary provisions), after the words “subsection (6)(d)” there shall be inserted the words “ or (e) ”.

Magistrates’ Courts Act 1980 (c.43)

39

In subsection (3) of section 11 of the 1980 Act (certain sentences and orders not to be made in absence of accused), for the words “secure training order” there shall be substituted the words “ detention and training order ”.

F17440

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

41

Section 37 of the 1980 Act (committal to Crown Court with a view to greater term of detention in a young offender institution) shall cease to have effect.

F18142

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

I3643

In subsection (2) of section 108 of the 1980 Act (right of appeal to the Crown Court), the words “a probation order or” shall cease to have effect.

F8644

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

I3745

In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)—

a

the word “and” at the end of paragraph (c) shall cease to have effect;

b

after that paragraph there shall be inserted the following paragraph—

cc

warrants of arrest issued under section 97A above;

c

after paragraph (d) there shall be inserted the words

; and

e

warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.

F8746

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

Supreme Court Act 1981 (c.54)

F8847

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

I3848

In subsection (1)(a) of section 81 of the Supreme Court Act 1981 (bail), after the words “Criminal Justice Act 1987” there shall be inserted the words “ or who has been sent in custody to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 ”.

Criminal Justice Act 1982 (c.48)

F8949

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

F9050

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

F9151

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

F9252

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

F9353

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

Mental Health Act 1983 (c.20)

I3954

In subsection (8) of section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship), for the words from “pass sentence of imprisonment” to “in respect of the offender” there shall be inserted the following paragraphs—

a

pass a sentence of imprisonment, impose a fine or make a community order (within the meaning of Part I of the Criminal Justice Act 1991) in respect of the offence; or

b

make an order under section 58 of that Act (binding over of parent or guardian) in respect of the offender,

Mental Health (Scotland) Act 1984 (c.36)

55

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of Prisoners Act 1984 (c.47)

I4056

In subsection (4)(b) of section 2 (transfer of prisoners out of United Kingdom) of the Repatriation of Prisoners Act 1984, for sub-paragraph (i) there shall be substituted the following sub-paragraph—

i

released on licence under section 33(1)(b), (2) or (3), 33A(2), 34A(3) or 35(1) of the M13Criminal Justice Act 1991 or section 28(5) or 29(1) of the M14Crime (Sentences) Act 1997;

57

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4158

1

Paragraph 2 of the Schedule to that Act as it has effect, and is deemed always to have had effect, by virtue of paragraph 2 of Schedule 2 to the 1997 Act shall be amended as follows.

2

In sub-paragraph (4), for the definition of “the enactments relating to release on licence” there shall be substituted the following definition—

the enactments relating to release on licence” means sections 33(1)(b), (2) and (3), 33A(2), 34A(3), 35(1) and 37(1) and (2) of the M15Criminal Justice Act 1991 and section 28(5) and (7) of the M16Crime (Sentences) Act 1997;

I4259

1

Paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to the prisoner) as it has effect by virtue of paragraph 3 of Schedule 2 to the 1997 Act—

a

shall have effect in relation to all prisoners repatriated to England and Wales after the commencement of Schedule 2; and

b

as it so has effect, shall be amended as follows.

2

In sub-paragraph (2), for the words “34(3) and (5) and 35(1) of the M17Criminal Justice Act 1991” there shall be substituted the words “ 35(1) of the Criminal Justice Act 1991 and section 28(5) and (7) of the M18Crime (Sentences) Act 1997 ”.

3

In sub-paragraph (4), for the definition of “the enactments relating to release on licence” there shall be substituted the following definition—

the enactments relating to release on licence” means sections 33(1)(b), (2) and (3), 33A(2), 34A(3), 35(1) and 37(1) and (2) of the M19Criminal Justice Act 1991 and section 28(5) and (7) of the M20Crime (Sentences) Act 1997;

60

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984 (c.60)

61

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I4362

After section 47 of the 1984 Act there shall be inserted the following section—

47A Early administrative hearings conducted by justices’ clerks.

Where a person has been charged with an offence at a police station, any requirement imposed under this Part for the person to appear or be brought before a magistrates’ court shall be taken to be satisfied if the person appears or is brought before the clerk to the justices for a petty sessions area in order for the clerk to conduct a hearing under section 50 of the Crime and Disorder Act 1998 (early administrative hearings).

Prosecution of Offences Act 1985 (c.23)

I4463

In subsection (2) of section 23 of the 1985 Act (discontinuance of proceedings), after paragraph (b) there shall be inserted the following paragraph—

c

in the case of any offence, any stage of the proceedings after the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only and related offences).

I4564

After that section there shall be inserted the following section—

23A Discontinuance of proceedings after accused has been sent for trial.

1

This section applies where—

a

the Director of Public Prosecutions, or a public authority (within the meaning of section 17 of this Act), has the conduct of proceedings for an offence; and

b

the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 for the offence.

2

Where, at any time before the indictment is preferred, the Director or authority gives notice under this section to the Crown Court sitting at the place specified in the notice under section 51(7) of the Crime and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice.

3

The Director or authority shall, in any notice given under subsection (2) above, give reasons for not wanting the proceedings to continue.

4

On giving any notice under subsection (2) above the Director or authority shall inform the accused of the notice; but the Director or authority shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue.

5

The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence.

Criminal Justice Act 1987 (c.38)

F17565

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

Criminal Justice Act 1988 (c.33)

I4666

In subsection (1) of section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.), at the end there shall be inserted the words “ or are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51), has been served on the person charged ”.

Children Act 1989 (c.41)

I4768

In subsection (4) of section 8 of the 1989 Act (which defines “family proceedings”), after paragraph (h) there shall be inserted the following paragraph—

i

sections 11 and 12 of the Crime and Disorder Act 1998.

I4869

In subsection (3) of section 47 of the 1989 Act (local authority’s duty to investigate), after the words “this Act” there shall be inserted the words “ or section 11 of the Crime and Disorder Act 1998 (child safety orders) ”.

Prisons (Scotland) Act 1989 (c.45)

I4970

1

Section 16 of the Prisons (Scotland) Act 1989 (discharge of prisoners) which, notwithstanding its repeal by the M21Prisoners and Criminal Proceedings (Scotland) Act 1993, is an “existing provision” for the purposes of Schedule 6 to that Act of 1993, shall for those purposes be amended as follows.

2

In subsection (1), for the words “or Sunday” there shall be substituted the words “ Sunday or public holiday ”.

3

At the end there shall be inserted the following subsection—

3

For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.

I5071

In section 39 of that Act (rules for the management of prisons)—

a

in subsection (7)—

i

at the beginning there shall be inserted the words “ Subject to subsection (7A) below, ”;

ii

for the words “a short-term or long-term prisoner within the meaning of” there shall be substituted the words “ any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of ”; and

iii

the words from “and the foregoing” to the end shall cease to have effect; and

b

after that subsection there shall be inserted the following subsections—

7A

Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the M22Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.

7B

In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.

Criminal Justice Act 1991 (c.53)

F9972

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

F10073

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

F10174

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

F10275

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

F10376

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

F10477

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

F10578

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

I5179

1

In subsection (1)(b) of section 32 of the 1991 Act (Parole Board), for the words “the functions conferred by Part II of the M23Crime (Sentences) Act 1997 (“Part II”)” there shall be substituted the words “ the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter ”.

2

In subsections (3), (4) and (6) of that section, for the words “Part II” there shall be substituted the words “ this Part or Chapter II.

I5280

1

In subsection (3) of section 33 of the 1991 Act (duty to release short-term and long-term prisoners)—

a

in paragraph (a), for the words “subsection (1)(b) or (2) above or section 35 or 36(1) below” there shall be substituted the words “ this Part ”; and

b

in paragraph (b), for the words “38(2) or 39(1)” there shall be substituted the words “ 39(1) or (2) ”.

2

After that subsection there shall be inserted the following subsection—

3A

In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 58 of the Crime and Disorder Act 1998).

3

Subsection (4) of that section shall cease to have effect.

I5381

After that section there shall be inserted the following section—

33A Duty to release prisoners: special cases.

1

As soon as a prisoner—

a

whose sentence is for a term of less than twelve months; and

b

who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,

would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.

2

As soon as a prisoner—

a

whose sentence is for a term of twelve months or more; and

b

who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,

would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.

3

In the case of a prisoner who—

a

has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and

b

has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,

section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “ the whole ” and the words “on licence” were omitted.

I5482

In subsection (1) of section 36 of the 1991 Act (power to release prisoners on compassionate grounds), for word “prisoner” there shall be substituted the words “ short-term or long-term prisoner ”.

I5583

1

In subsection (1) of section 37 of the 1991 Act (duration and conditions of licences)—

a

for the words “subsection (2)” there shall be substituted the words “ subsections (1A), (1B) and (2) ”; and

b

the words “any suspension under section 38(2) below or, as the case may be,” shall cease to have effect.

2

After subsection (1A) of that section there shall be inserted the following subsection—

1B

Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

a

that proportion of his sentence; and

b

the duration of the curfew condition to which he is or was subject.

3

In subsection (2) of that section, for the words “section 36(1) above” there shall be substituted the words “ section 34A(3) or 36(1) above ”.

4

In subsection (4) of that section—

a

after the words “a licence” there shall be inserted the words “ under this Part ”; and

b

the words “(which shall include on his release conditions as to his supervision by a probation officer)” shall cease to have effect.

5

After that subsection there shall be inserted the following subsection—

4A

The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

a

a probation officer appointed for or assigned to the petty sessions area within which the person resides for the time being; or

b

where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

6

For subsection (5) of that section there shall be substituted the following subsection—

5

The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.

I5684

After subsection (5) of section 39 of the 1991 Act (recall of prisoners while on licence) there shall be inserted the following subsection—

5A

In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.

F10685

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

F13786

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

I5787

1

In subsection (3) of section 43 of the 1991 Act (young offenders), for the words “subsections (1)” there shall be substituted the words “ subsection (1) ”.

2

In subsection (5) of that section, for the words “section 37(4)” there shall be substituted the words “ section 37(4A) ”.

I5888

1

In subsection (1) of section 45 of the 1991 Act (fine defaulters and contemnors), for the words “except sections 35 and 40” there shall be substituted the words “ except sections 33A, 34A, 35 and 40 ”.

2

In subsection (3) of that section—

a

for the words “subsections (1) to (4)” there shall be substituted the words “ subsections (1) to (3) ”; and

b

for the words “section 38(2) or 39(1)” there shall be substituted the words “ section 39(1) or (2) ”.

3

In subsection (4) of that section—

a

the words “any suspension under section 38(2) below; or” shall cease to have effect; and

b

for the words “section 39(1)” there shall be substituted the words “ section 39(1) or (2) ”.

I5989

In subsection (2) of section 46 of the 1991 Act (persons liable to removal from the United Kingdom), for the words from “section 37(4)” to the end there shall be substituted the words “ section 37 above shall have effect as if subsection (4A) were omitted ”.

F13890

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

I6091

In section 50 of the 1991 Act (transfer by order of certain functions to Board), for subsection (3) (including that subsection as applied by any order under subsection (1) of that section) there shall be substituted the following subsection—

3

In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “ in accordance with recommendations of the Board ”, and subsection (6) shall be omitted.

F10792

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

F17693

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

I6194

1

In subsection (1) of section 65 of the 1991 Act (supervision of young offenders after release), for the words from “a probation officer” to the end there shall be substituted the following paragraphs—

a

a probation officer;

b

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

c

in the case of a person under the age of 18 years on his release, a member of a youth offending team.

2

After that subsection there shall be inserted the following subsections—

1A

Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

1B

Where the supervision is to be provided 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 the offender resides for the time being.

I6295

In subsection (1) of section 99 of the 1991 Act (general interpretation), after the definition of “young person” there shall be inserted the following definition—

youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

F10896

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

I6397

In paragraph 1(2) of Schedule 5 to the 1991 Act (Parole Board: supplementary provisions), for the words “its functions under Part II of this Act” there shall be substituted the following paragraphs—

a

its functions under this Part in respect of long-term and short-term prisoners; and

b

its functions under Chapter II of Part II of the M24Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

I6498

1

In subsection (1) of section 1 of the 1993 Act (release of short-term, long-term and life prisoners), at the beginning there shall be inserted the words “ Subject to section 26A(4) of this Act, ”.

C42

In subsection (2) of that section, at the end there shall be added the words “ unless he has before that time been so released, in relation to that sentence, under any provision of this Act ”.

3

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

3A

Subsections (1) to (3) above are subject to section 1A of this Act.

99

1

After subsection (1) of section 4 of the 1993 Act (persons detained under the Mental Health (Scotland) Act 1984) there shall be inserted the following subsection—

1A

This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made.

2

The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.

I65C5100

In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)—

a

in subsection (1), for the words “and (3)” there shall be substituted the words “ to (4) ”; and

b

after subsection (3) there shall be inserted the following subsection—

4

Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment.

I66101

In section 7 of the 1993 Act (children detained in solemn proceedings)—

C6a

in subsection (1)(b), at the end there shall be added the words “ unless he has before that time been so released, in relation to that sentence, under any provision of this Act ”;

b

after that subsection there shall be inserted the following subsections—

2A

This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

2B

In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

2C

In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years—

a

section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and

b

the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.

c

after subsection (4) there shall be inserted the following subsection—

4A

Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence.

d

in subsection (5), after the word “construed” there shall be inserted the words “ and sections 1A and 27 shall apply ”.

I67C7102

In section 11 of the 1993 Act (duration of licences), subsections (3)(b) and (4) shall cease to have effect.

I68C8103

In section 14 of the 1993 Act (supervised release of short-term prisoners), subsections (2) and (3) shall cease to have effect.

I69104

1

In subsection (1) of section 16 of the 1993 Act (orders for return to prison after commission of further offence), after the word “released” there shall be inserted the words “ at any time ”.

2

In paragraph (a) of subsection (7) of that section, after the word “shall” there shall be inserted the words “ , if the licence is in force when the order is made, ”.

C93

Paragraph (b) of that subsection shall cease to have effect.

I70105

In section 17 of the 1993 Act (revocation of licence), after subsection (4) there shall be inserted the following subsection—

4A

Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above.

I71106

In section 20 of the 1993 Act (Parole Board for Scotland), at the end of subsection (4) there shall be inserted the words— “ and rules under this section may make different provision for different classes of prisoner. ”

I72107

After subsection (7) of section 27 of the 1993 Act (interpretation) there shall be inserted the following subsection—

8

For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.

I73108

In Schedule 6 to the 1993 Act (transitional provisions), after paragraph 6C there shall be inserted the following paragraph—

6D

Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act.

Probation Service Act 1993 (c.47)

F109109

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

F110110

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

Criminal Justice and Public Order Act 1994 (c.33)

111

In subsection (3) of section 12 of the 1994 Act (escort arrangements and officers), after the words “secure training orders” there shall be inserted the words “ or detention and training orders ”.

F111112

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

I74113

1

In sub-paragraph (1) of paragraph 3 of Schedule 2 to the 1994 Act (certification of custody officers: England and Wales)—

a

in paragraph (b), for the words “person in charge” there shall be substituted the word “ monitor ”; and

b

in paragraph (c), for the words “person in charge” there shall be substituted the word “ governor ”.

2

In sub-paragraph (2) of that paragraph, for the words “or person in charge” there shall be substituted the words “ , monitor or governor ”.

Drug Trafficking Act 1994 (c.37)

114

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime (Scotland) Act 1995 (c.43)

115

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Procedure (Scotland) Act 1995 (c.46)

117

1

For section 18(3) of the 1995 Act (prints and samples) there shall be substituted the following subsection—

3

Subject to subsection (4) below, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act.

2

The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 August 1997.

I75118

In subsection (3) of section 49 of the 1995 Act (references to children’s hearings), in paragraph (b), after the words “the sheriff” there shall be inserted the words “ or district ”.

I76119

In section 106(1)(bb) of the 1995 Act (appeals against automatic sentences), which is prospectively inserted by section 18(1) of the M25Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.

I77120

In section 108A of the 1995 Act (prosecutor’s right of appeal against refusal to impose automatic sentence), which is prospectively inserted by section 18(2) of the M26Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.

I78121

In section 118(4A) of the 1995 Act (disposal of appeals), which is prospectively inserted by section 18(5) of the M27Crime and Punishment (Scotland) Act 1997, in paragraph (c), sub-paragraph (iii) shall cease to have effect.

I79122

In section 167 of the 1995 Act (findings and sentences in summary proceedings), in subsection (7), at the beginning there shall be inserted the words “ Subject to section 204A of this Act, ”.

I80123

In subsection (5C) of section 175 of the 1995 Act (right of appeal in summary proceedings), the words “paragraph (a) of” shall be omitted.

I81124

In subsection (1) of section 307 of the 1995 Act (interpretation), in the definition of “officer of law”—

a

after paragraph (b) there shall be inserted the following paragraph—

ba

any person commissioned by the Commissioners of Customs and Excise;

b

in paragraph (e), for the words “class or persons” there shall be substituted the words “ class of persons ”.

Criminal Procedure and Investigations Act 1996 (c.25)

I82125

In subsection (2) of section 1 of the Criminal Procedure and Investigations Act 1996 (application of Part I of that Act)—

a

after paragraph (c) there shall be inserted the following paragraph—

cc

a person is charged with an offence for which he is sent for trial under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998,

b

at the end there shall be inserted the words

or

f

a bill of indictment charging a person with an indictable offence is preferred under section 22B(3)(a) of the M28Prosecution of Offences Act 1985.

I83126

In section 5 of that Act (compulsory disclosure by accused), after subsection (3) there shall be inserted the following subsection—

3A

Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless—

a

copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and

b

a copy of the notice under subsection (7) of section 51 of that Act has been served on him under that subsection.

I84127

In subsection (1) of section 13 of that Act (time limits: transitional)—

F115a

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

b

after the words “section 1(2)(e)” there shall be inserted the words “ or (f) ”.

I85128

In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words “committed for trial” there shall be inserted the words “ , or sent for trial under section 51 of the Crime and Disorder Act 1998, ”.

I86129

In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words “committed for trial for the offence concerned” there shall be inserted the words “ , after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998, ”.

Crime (Sentences) Act 1997 (c.43)

I87130

1

In subsection (3) of section 28 of the 1997 Act (duty to release certain life prisoners), after paragraph (b) there shall be inserted the words

and

c

the provisions of this section as compared with those of sections 33(2) and 35(1) of the M29Criminal Justice Act 1991 (“the 1991 Act”)

2

In subsection (7) of that section, in paragraph (c), for the words from “the time when” to the end there shall be substituted the words “ he has served one-half of that sentence ”.

I88131

1

In subsection (2) of section 31 of the 1997 Act (duration and conditions of licences), the words “(which shall include on his release conditions as to his supervision by a probation officer)” shall cease to have effect.

2

After that subsection there shall be inserted the following subsection—

2A

The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

a

a probation officer appointed for or assigned to the petty sessions area within which the prisoner resides for the time being;

b

where the prisoner is under the age of 22, a social worker of the social services department of the local authority within whose area the prisoner resides for the time being; or

c

where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.

3

In subsection (6) of that section, for the words “section 24(2) above” there shall be substituted the words “ section 46(3) of the 1991 Act ”, and for the words “the words in parentheses” there shall be substituted the words “ subsection (2A) above ”.

I89132

1

In subsection (1) of section 35 of the 1997 Act (fine defaulters: general), for the words “the 1980 Act” there shall be substituted the M30words “ the Magistrates’ Courts Act 1980 (“the 1980 Act”) ”.

F1162

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

F1163

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

I90133

In section 54 of the 1997 Act (general interpretation), subsection (2) shall cease to have effect.

I91E2134

Subsection (5)(b) of section 57 of the 1997 Act (short title, commencement and extent) shall have effect as if the reference to the Channel Islands included a reference to the Isle of Man.

I92135

1

Schedule 1 to the 1997 Act (transfer of prisoners within the British Islands) shall be amended as follows.

2

In sub-paragraph (3) of paragraph 6—

a

after paragraph (a) there shall be inserted the following paragraph—

aa

in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under section 76(6)(b) of the Crime and Disorder Act 1998;

b

in paragraph (b), for the words “recalled to prison under the licence” there shall be substituted the words “ recalled or returned to prison ”.

3

In paragraph 8—

a

in sub-paragraph (2), for the words from “sections 10” to “27 of this Act” there shall be substituted the words “ sections 33 to 39, 41 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the Crime and Disorder Act 1998 ”;

b

in sub-paragraph (4), for the words from “sections 16” to “27 of this Act” there shall be substituted the words “ sections 37 to 39, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the Crime and Disorder Act 1998 ”;

c

in sub-paragraph (5), after the words “Any provision of” there shall be inserted the words “ Part II of the 1991 Act or ”; and

d

after sub-paragraph (5) there shall be inserted the following sub-paragraphs—

6

Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M31Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) or, as the case may require, section 9 of this Act extended to Scotland.

7

Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders institution.

4

In paragraph 9—

a

in sub-paragraph (1), paragraph (a) and, in paragraph (b), the words “to that and” shall cease to have effect;

b

in sub-paragraph (2), for the words from “sections 10” to “27 of this Act” there shall be substituted the words “ sections 33 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 75 to 77 of the Crime and Disorder Act 1998 ”;

c

in sub-paragraph (4), for the words from “section 16” to “27 of this Act” there shall be substituted the words “ sections 37 to 40A, 43 to 46 and 65 of the 1991 Act, paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 76 and 77 of the Crime and Disorder Act 1998 ”;

d

sub-paragraph (5) shall cease to have effect;

e

in sub-paragraph (6), after the words “Any provision of” there shall be inserted the words “ Part II of the 1991 Act or ”; and

f

after sub-paragraph (6) there shall be inserted the following sub-paragraphs—

7

Section 41 of the 1991 Act, as applied by sub-paragraph (2) or (4) above, shall have effect as if section 67 of the M32Criminal Justice Act 1967 or, as the case may require, section 9 of this Act extended to Northern Ireland.

8

Section 65(7)(b) of the 1991 Act, as applied by sub-paragraph (1), (2) or (4) above, shall have effect as if the reference to a young offender institution were a reference to a young offenders centre.

5

In paragraph 10—

a

in sub-paragraph (2)(a)—

i

for the words from “sections” to “ “1997 Act”)” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M33Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) ”; and

ii

after the word “3,” there shall be inserted words “ 6(1)(b)(i) and (iii) ”;

b

in sub-paragraph (2)(b), for the words “sub-paragraphs (3) and (4)” there shall be substituted the words “ sub-paragraph (3) ”;

c

sub-paragraph (4) shall cease to have effect;

d

in sub-paragraph (5)(a), for the words from “sections 15” to “37 of the 1997 Act” there shall be substituted the words “ sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”;

e

for sub-paragraph (6)(b) there shall be substituted the following sub-paragraph—

b

in the said sub-paragraph (2) the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the M34Criminal Procedure (Scotland) Act 1995.

f

for sub-paragraph (7) there shall be substituted the following sub-paragraph—

7

Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.

6

In paragraph 11—

a

in sub-paragraph (2)(a)—

i

for the words from “sections” to “ “1997 Act”)” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”; and

ii

after the word “3,” there shall be inserted the words “ 6(1)(b)(i) and (iii), ”;

b

in sub-paragraph (4)(a), for the words from “sections 15” to “37 of the 1997 Act” there shall be substituted the words “ sections 1A, 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”;

c

in sub-paragraph (5), for the words “Sub-paragraph (5)” there shall be substituted the words “ Sub-paragraph (6) ”; and

d

in sub-paragraph (6), the words “or Part III of the 1997 Act” shall cease to have effect and, in the Table, for the entry relating to the expression “young offenders institution” there shall be substituted the following entry—

Probation officer appointed for or assigned to such petty sessions area

Probation Officer appointed by the Probation Board for Northern Ireland

7

In sub-paragraph (5) of paragraph 12, in the Table, the entry relating to the expression “Prison rules” shall cease to have effect.

8

In sub-paragraph (5) of paragraph 13, in the Table, the entry relating to the expression “Prison rules” shall cease to have effect.

9

In sub-paragraph (1)(a) of paragraph 17 (prisoners unlawfully at large), after the words “section 49(1)” there shall be inserted the words “ and (5) ”.

10

In sub-paragraph (1) of paragraph 20, in the definition of “supervision”, after the word “purpose” there shall be inserted the words “ or a detention and training order ”.

I93136

In Schedule 2 to the 1997 Act (repatriation of prisoners to the British Islands), paragraphs 4 and 8 are hereby repealed.

I94137

In Schedule 4 to the 1997 Act (minor and consequential amendments), the following provisions are hereby repealed, namely—

a

in paragraph 6, sub-paragraph (1)(b);

b

paragraphs 9 and 11; and

c

in paragraph 12, sub-paragraph (4).

I95138

1

In Schedule 5 to the 1997 Act (transitional provisions and savings), paragraphs 1 to 4 and 6 are hereby repealed and the following provisions shall cease to have effect, namely—

a

paragraph 5(2);

b

paragraphs 8, 9(1) and 10(1);

c

in paragraph 11, sub-paragraph (1), in sub-paragraph (2)(c), the words “or Part III of the 1997 Act” and, in sub-paragraph (3), the words from the beginning to “1995; and”; and

d

in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words “or Part III of the 1997 Act”.

2

In paragraph 11(2) of that Schedule—

a

in paragraph (a)—

i

for the words from “sections 15” to “1997 Act” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M35Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) ”; and

ii

for the words “the 1989 Act” there shall be substituted the M36words “ the Prisons (Scotland) Act 1989 (“the 1989 Act”) ”; and

b

in paragraph (b), for the words from “sections 15” to “1997 Act” there shall be substituted the words “ sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”.

3

In paragraph 12(2) of that Schedule—

a

in paragraph (a)—

i

for the words from “sections 15” to “1997 Act” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the M37Prisoners and Criminal Proceedings (Scotland) Act (“the 1993 Act”) ”; and

ii

for the words “the 1989 Act” there shall be substituted the M38words “ the Prisons (Scotland) Act 1989 (“the 1989 Act”) ”; and

b

in paragraph (b), for the words from “sections 15” to “1997 Act” there shall be substituted the words “ sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”.

I96139

In Schedule 6 to the 1997 Act (repeals), the entries relating to sections 33 to 51 and 65 of the 1991 Act are hereby repealed.

Crime and Punishment (Scotland) Act 1997 (c.48)

I97140

Section 4 of the Crime and Punishment (Scotland) Act 1997 (supervised release orders) is hereby repealed.

I98141

1

In Schedule 1 to that Act (minor and consequential amendments), the following provisions are hereby repealed, namely—

a

paragraphs 1, 9(7), 10(2)(a), 13(3) and 21(3); and

b

in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17).

2

In paragraph 14 of that Schedule, for sub-paragraph (16) there shall be substituted the following sub-paragraph—

16

In section 27(1) (interpretation), in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)” shall cease to have effect.

I99142

Schedule 2 to that Act (transitional provisions) is hereby repealed.

I100143

1

Schedule 3 to that Act (repeals) shall be amended in accordance with this paragraph.

2

In the entry relating to the Prisons (Scotland) Act 1989, in the third column, the words “In section 39, subsection (7)” are hereby repealed.

3

In the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993—

a

the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, and Schedule 1;

b

in the words relating to section 14, the words “and in subsection (4), the words “short-term””;

c

in the words relating to 27(1)—

i

the words “the definitions of “short term prisoner” and “long-term prisoner” and”;

ii

in the words relating to the definition of “supervised release order” the words “and the words from “but” to the end”; and

d

the words relating to section 27(2), (3), (5) and (6),

are hereby repealed.

4

In the entry relating to the Criminal Procedure (Scotland) Act 1995, in the third column, the words relating to section 44 are hereby repealed.

Sex Offenders Act 1997 (c.51)

144

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I110SCHEDULE 9 Transitional provisions and savings

Section 120(1).

Annotations:
Commencement Information
I110

Sch. 9 partly in force; Sch. 9 not in force at Royal Assent see s. 121; Sch. 9 para. 9 in force at 7.8.1998 by S.I.1998/1883, art. 3; certain paras. in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) and 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); Sch. 9 para. 7 in force at 1.7.1999 by S.I. 1998/3263, art. 6.

Presumption of incapacity

I1011

Nothing in section 34 of this Act shall apply in relation to anything done before the commencement of that section.

Effect of child’s silence at trial

I1022

Nothing in section 35 of this Act shall apply where the offence was committed before the commencement of that section.

Sexual or violent offenders: extended sentences

F1183

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

Drug treatment and testing orders

F1194

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

Young offenders: cautions

I1035

1

Any caution given to a child or young person before the commencement of section 65 of this Act shall be treated for the purposes of subsections (2) and (4) of that section as a reprimand.

2

Any second or subsequent caution so given shall be treated for the purposes of paragraphs (a) and (b) of subsection (3) of that section as a warning.

Abolition of secure training orders

I1046

In relation to any time before the commencement of subsection (7) of section 73 of this Act, section 9A of the 1997 Act shall have effect as if after subsection (1) there were inserted the following subsection—

1A

Section 9 above applies to periods of detention which offenders are liable to serve under secure training orders as it applies to sentences of imprisonment.

Sentencing guidelines

7

1

Section 80 of this Act does not apply by virtue of subsection (1)(a) of that section in any case where the Court is seised of the appeal before the commencement of that section.

2

In this paragraph “the Court” and “seised” have the same meanings as in that section.

Confiscation orders on committal for sentence

8

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Football spectators: failure to comply with reporting duty

9

Section 84 of this Act does not apply where the offence was committed before the commencement of that section.

Power to release short-term prisoners on licence

10

1

Section 99 of this Act does not apply in relation to a prisoner who, immediately before the commencement of that section, has served one or more days more than the requisite period for the term of his sentence.

2

In this paragraph “the requisite period” has the same meaning as in section 34A of the 1991 Act (which is inserted by section 99 of this Act).

Early release: two or more sentences

I10511

1

Where the terms of two or more sentences passed before the commencement of section 101 of this Act have been treated, by virtue of section 51(2) of the 1991 Act, as a single term for the purposes of Part II of that Act, they shall continue to be so treated after that commencement.

2

Subject to sub-paragraph (1) above, section 101 of this Act applies where one or more of the sentences concerned were passed after that commencement.

Recall to prison of short-term prisoners

I10612

1

Sub-paragraphs (2) to (7) below have effect in relation to any prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of section 103 of this Act.

2

The following provisions of this Act do not apply, namely—

a

section 103;

b

paragraphs 83(1)(b) and 88(3)(a) of Schedule 8 to this Act and section 119 so far as relating to those paragraphs; and

c

section 120(2) and Schedule 10 so far as relating to the repeal of section 38 of the 1991 Act and the repeals in sections 37(1) and 45(4) of that Act.

3

Section 33 of the 1991 Act has effect as if, in subsection (3)(b) (as amended by paragraph 80(1) of Schedule 8 to this Act), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) or 39(1) or (2) ”.

4

Section 33A of the 1991 Act (as inserted by paragraph 81 of Schedule 8 to this Act) has effect as if—

a

in subsection (1), for the words “section 38A(1) or 39(1) or (2)” there were substituted the words “ section 38(2) or 38A(1) ”; and

b

in subsection (3), for the words “section 39(1) or (2)”, in both places where they occur, there were substituted the words “ section 38(2) ”.

5

Section 34A of the 1991 Act (as inserted by section 99 of this Act) has effect as if, in subsection (2)(g), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) ”.

6

Section 40A of the 1991 Act (as inserted by section 105 of this Act) has effect as if, in subsection (1), for the word “39” there were substituted the word “ 38 ”.

7

Section 44 of the 1991 Act (as substituted by section 59 of this Act) has effect as if—

a

in subsections (3) and (4), after the words “subject to” there were inserted the words “ any suspension under section 38(2) above or, as the case may be, ”; and

b

in subsection (7), for the words “sections 37(5) and 39(1) and (2)” there were substituted the words “ section 37(5), 38(2) and 39(1) and (2) ”.

8

Section 45 of the 1991 Act has effect as if, in subsection (3) (as amended by paragraph 88(2) of Schedule 8 to this Act), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) or 39(1) or (2) ”.

9

For the purposes of this paragraph and paragraph 13 below, consecutive sentences, or sentences that are wholly or partly concurrent, shall be treated as parts of a single sentence.

Release on licence following recall to prison

I10713

Section 104 of this Act does not apply in relation to a prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of that section.

Release on licence following return to prison

I10814

1

Section 105 of this Act does not apply where the new offence was committed before the commencement of that section.

2

In this paragraph “the new offence” has the same meaning as in F121section 116 of the Powers of Criminal Courts (Sentencing) Act 2000.

Remand time: two or more sentences

I10915

1

Where the terms of two or more sentences passed before the commencement of paragraph 11 of Schedule 8 to this Act have been treated, by virtue of section 104(2) of the M39Criminal Justice Act 1967, as a single term for the purposes of section 67 of that Act, they shall continue to be so treated after that commencement.

2

Subject to sub-paragraph (1) above, paragraph 11 of Schedule 8 to this Act applies where one or more of the sentences concerned were passed after that commencement.

I111C10SCHEDULE 10 Repeals

Section 120(2).

Annotations:
Commencement Information
I111

Sch. 10 partly in force; Sch. 10 not in force at Royal Assent see s. 121; Sch. 10 in force for certain purposes at 30.9.1998 by S.I. 1998/2327, art. 2(1)(3) (subject to savings in arts. 5-8); Certain repeals in Sch. 10 in force at 30.9.1998 in certain areas by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); Certain repeals in Sch. 10 in force at 4.1.1999 for certain purposes by S.I. 1998/2327, art. 4(2); Certain repeals in Sch. 10 in force at 1.1.1999 by S.I. 1998/3263, art. 2; Sch. 10 in force for certain purposes at 1.6.1999 by S.I. 1999/1279, art. 2(g); Sch. 10 in force for certain purposes at 1.4.2000 by S.I. 1999/3426, art. 3(c) (with art. 4); entries in Sch. 10 relating to the words “by a probation officer” in s. 2(1) of 1973 c. 62 and to s. 31(2) of 1997 c. 43 in force at 1.4.2000 to the extent that they are not already in force by S.I. 2000/924, art. 2; entry in Sch. 10 relating to ss. 125 and 126 of the Magistrates' Courts Act 1980 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

Modifications etc. (not altering text)
C10

Sch. 10 excluded (19.9.1998) by S.I. 1998/2327, arts.7(4),8(1).

C11

Sch. 10: repeal of s. 11 of the 1973 Act excluded (19.9.1998) by S.I. 1998/2327, art. 6(2)

Chapter

Short title

Extent of repeal

30 Geo 3 c.48.

Treason Act 1790.

The whole Act.

36 Geo 3 c.7.

Treason Act 1795.

The whole Act.

36 Geo 3 c.31.

Treason by Women Act (Ireland) 1796.

The whole Act.

57 Geo 3 c.6.

Treason Act 1817.

The whole Act.

11 & 12 Vict c.12.

Treason Felony Act 1848.

Section 2.

21 & 22 Geo 5 c.24.

Sentence of Death (Expectant Mothers) Act 1931.

The whole Act.

23 Geo 5 c.12.

Children and Young Persons Act 1933.

In section 47(2), the words from the beginning to “court; and”.

In Schedule 2, in paragraph 15(a), the word “shall”, in the second place where it occurs, and, in paragraph 17, the words “or, if a metropolitan stipendiary magistrate, may sit alone”.

1945 c.15 (N.I.).

Criminal Justice Act (Northern Ireland) 1945.

Sections 32 and 33.

1967 c.80.

Criminal Justice Act 1967.

In section 56, subsections (3), (6) and (13).

Section 67(5)(c).

1968 c.19.

Criminal Appeal Act 1968.

In section 10(2), the words “(other than a supervision order within the meaning of that Part)”.

1969 c.54.

Children and Young Persons Act 1969.

Section 12D.

Section 13(2).

In section 16, subsection (10) and, in subsection (11), the words “seventeen or”.

Section 23(14)(a).

In section 34, in subsection (1), paragraph (a) and, in paragraph (c), the words

“ 7(7), 7(8),” .

Section 69(5).

In Schedule 6, the entries relating to sections 55, 56(1) and 59(1) of the Children and Young Persons Act 1933.

1972 c.71.

Criminal Justice Act 1972.

Section 49.

1973 c.62.

Powers of Criminal Courts Act 1973.

In section 1, in subsections (8)(b) and (8A) the words “37 or”.

Section 1B(10).

In section 1C(1), paragraph (b) and the word “and” immediately preceding it.

In section 2(1), the words “by a probation officer” and the words from “For the purposes” to “available evidence”.

C11Section 11.

Section 14(8).

In section 31, in subsection (3A), the words “Subject to subsections (3B) and (3C) below,”, subsections (3B) and (3C), in subsection (4), the words “4 or” and, in subsection (6), the words “about committal by a magistrates’ court to the Crown Court”.

Section 32(5).

Section 42(2).

In Schedule 1A, paragraph 6(7).

In Schedule 5, paragraph 35.

1976 c.63.

Bail Act 1976.

In section 3(5), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody”.

1980 c.43.

Magistrates’ Courts Act 1980.

Section 37.

In sections 38(2) and 38A(2), the words “, in accordance with section 56 of the Criminal Justice Act 1967,”.

In section 108(2), the words “a probation order or”.

In section 125(4)(c), the word “and” at the end of sub-paragraph (ii).

In section 126, the word “and” at the end of paragraph (c).

In Schedule 7, paragraph 120(b).

1982 c.48.

Criminal Justice Act 1982.

Section 1A(4A).

Section 1B.

In section 1C(2), the words “but if he is under 18 at the time of the direction, only for a temporary purpose”.

In section 3(1)(a), the words “under section 1A above”.

Section 18(7).

In section 19, in subsection (3)(a), the words “revoke it and” and, in subsection (5), the words “revoke the attendance centre order and”.

Section 66(3).

In Schedule 14, paragraph 28.

1987 c.42.

Family Law Reform Act 1987.

Section 8(1).

In Schedule 2, paragraph 26.

1988 c.33.

Criminal Justice Act 1988.

Section 69(2).

In Schedule 15, paragraph 40.

1989 c.45.

Prisons (Scotland) Act 1989.

In section 39(7), the words from “and the foregoing” to the end.

1991 c.53.

Criminal Justice Act 1991.

In section 6(4), the word “and” immediately following paragraph (e).

In section 31(1), in the definition of “custodial sentence”, in paragraph (b), the words “or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994”.

Section 33(4).

In section 37, in subsection (1), the words “any suspension under section 38(2) below or, as the case may be,” and, in subsection (4), the words “(which shall include on his release conditions as to his supervision by a probation officer)”.

Section 38.

In section 45(4), the words “any suspension under section 38(2) below; or”.

In section 61(1), paragraph (b) and the word “or” immediately preceding that paragraph.

Section 62.

In Schedule 2, in paragraphs 3(1)(d) and 4(1)(d), the words “revoke the order and” and, in paragraph 17(1), the words from “and the court” to the end.

In Schedule 11, paragraphs 10, 11 and 14.

In Schedule 12, paragraph 17(3).

1993 c.9.

Prisoners and Criminal Proceedings (Scotland) Act 1993.

Section 11(3)(b) and (4).

Section 14(2) and (3).

Section 16(7)(b).

In paragraph 6B(1) of Schedule 6, the word “and” after head (a).

1993 c.47.

Probation Service Act 1993.

Section 17(5A).

1994 c.33.

Criminal Justice and Public Order Act 1994.

Sections 1 to 4.

Section 20.

In section 35, in subsection (1), the words “who has attained the age of fourteen years” and subsection (6).

Section 130(4).

In Schedule 10, paragraph 42.

1994 c.37.

Drug Trafficking Act 1994.

Section 2(7)(a).

1995 c.46.

Criminal Procedure (Scotland) Act 1995.

Section 118(4A)(c)(iii).

In section 175(5C), the words “paragraph (a) of”.

In section 209(1), the words “not less than twelve months but”.

1997 c.43.

Crime (Sentences) Act 1997.

Section 1.

Section 8.

Sections 10 to 27.

In section 31(2), the words “(which shall include on his release conditions as to his supervision by a probation officer)”.

In section 35, in subsection (5), paragraph (c) and the word “and” at the end of paragraph (d), and in subsection (8), in paragraph (a), the words “to revoke the order and deal with an offender for the offence in respect of which the order was made” and the word “and” at the end of that paragraph.

Section 43(4).

Section 54(2).

In Schedule 1, in paragraph 9(1), paragraph (a) and, in paragraph (b), the words “to that and”, paragraph 9(5), paragraph 10(4), in paragraph 11(6), the words “or Part III of the 1997 Act”, in paragraph 12(5), in the Table, the entry relating to the expression “prison rules” and, in paragraph 13(5), in the Table, the entry relating to the expression “prison rules”.

In Schedule 2, paragraphs 4 and 8.

In Schedule 4, paragraph 6(1)(b), paragraphs 9 and 11 and paragraph 12(4).

In Schedule 5, paragraphs 1 to 4, paragraph 5(2), paragraph 6, paragraph 8, paragraph 9(1), paragraph 10(1), in paragraph 11, sub-paragraph (1), in sub-paragraph (2)(c), the words “or Part III of the 1997 Act” and, in sub-paragraph (3), the words from the beginning to “1995; and”, and in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words “or Part III of the 1997 Act”.

In Schedule 6, the entries relating to sections 33 to 51 and 65 of the Criminal Justice Act 1991.

1997 c.48.

Crime and Punishment (Scotland) Act 1997.

Section 4.

Chapter I of Part III.

In Schedule 1, paragraph 1, paragraph 9(7), paragraph 10(2)(a), paragraph 13(3), in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17), and paragraph 21(3).

Schedule 2.

In Schedule 3, in the entry relating to the Prisons (Scotland) Act 1989, the words “In section 39, subsection (7)”, in the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993, the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, 27(2), (3), (5) and (6) and Schedule 1, in the words relating to section 14, the words “and, in subsection (4), the words “short-term””, in the words relating to section 27(1), the words “the definitions of “short term prisoner” and “long-term prisoner” and” and “and the words from “but” to the end” and, in the entry relating to the Criminal Procedure (Scotland) Act 1995, the words relating to section 44.

1997 c.50.

Police Act 1997.

In section 94(4), the word “and” immediately preceding paragraph (c).