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Criminal Justice and Court Services Act 2000

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice and Court Services Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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Changes and effects

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

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

Commencement Orders yet to be applied to the Criminal Justice and Court Services Act 2000

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Part IIE+W+S+N.I. General

Prospective

Children and Young Persons Act 1933 (c. 12)E+W+S+N.I.

5In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “ 18 ”.E+W+S+N.I.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)E+W+S+N.I.

6In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted—E+W+S+N.I.

6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000The local probation board or, as the case may be, the local probation boards acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000The Secretary of State.

Prospective

Prison Act 1952 (c. 52)E+W+S+N.I.

7The Prison Act 1952 is amended as follows.E+W+S+N.I.

8In section 13(2) (legal custody of prisoner), for “section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ section 99 of the M1Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000 ”.E+W+S+N.I.

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

Marginal Citations

9In section 37(4) (closing of prisons), “remand centre” is omitted.E+W+S+N.I.

10In section 43 (remand centres, detention centres and youth custody centres)—E+W+S+N.I.

(a)in subsection (2)—

(i)in paragraph (a), for “21” there is substituted “ 18 ” and “a remand centre or” is omitted,

(ii)paragraphs (b) and (c) are omitted,

(b)subsection (3) is omitted,

(c)in subsection (4), “remand centres” is omitted,

(d)subsection (7) is omitted.

11In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)—E+W+S+N.I.

(a)in subsection (1) and the sidenote, “remand centres” is omitted,

(b)in subsection (5), “remand centre” is omitted.

Army Act 1955 (c. 18)E+W+S+N.I.

12The Army Act 1955 is amended as follows.E+W+S+N.I.

Prospective

13In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.E+W+S+N.I.

14In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—E+W+S+N.I.

(bc)order that the convicted person be disqualified from working with children.

15(1)In section 71A (juveniles)—E+W+S+N.I.

(a)in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b)subsections (1A) to (1C) are omitted,

(c)in subsection (1D), paragraph (b) and the “and” preceding it are omitted,

(d)in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e)in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f)in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g)in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2)Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I1Sch.7 para.15 partly in force:Sch.7 para.15(1)(e) and (2) comes into force at RA.see s.80(3)(d)

Prospective

16In section 71AA (young service offenders: custodial orders)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii)for paragraph (a) there is substituted—

(a)shall be not less than the period of two months; and,

(b)in subsection (1AA), “aged 17” is omitted,

(c)in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M2Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d)in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

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

Marginal Citations

Prospective

17In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.E+W+S+N.I.

18(1)Schedule 5A (powers of court on trial of civilian) is amended as follows.E+W+S+N.I.

(2)In paragraph 10—

(a)in sub-paragraph (1)—

(i)for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii)for paragraph (a) there is substituted—

(a)shall not be less than the period of two months;,

(b)in sub-paragraph (1A), “under 18 years of age” is omitted,

(c)in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,

(d)in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M3Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e)in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3)In paragraph 15—

(a)in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b)in the table—

(i)in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii)for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii)in the second column, “Custody for life” is omitted,

(c)in the note following the table—

(i)in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii)in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4)Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I2Sch.7 para.18 partly in force:Sch.7 para.18(3)(c)(i) and (4) comes into force at RA.see s.80(3)(d)

Marginal Citations

Air Force Act 1955 (c. 19)E+W+S+N.I.

19The Air Force Act 1955 is amended as follows.E+W+S+N.I.

Prospective

20In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.E+W+S+N.I.

21In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—E+W+S+N.I.

(bc)order that the convicted person be disqualified from working with children.

22(1)In section 71A (juveniles)—E+W+S+N.I.

(a)in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b)subsections (1A) to (1C) are omitted,

(c)in subsection (1D), paragraph (b) and the “and” preceding it are omitted,

(d)in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e)in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f)in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g)in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2)Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I3Sch.7 para.22 partly in force:Sch.7 para.22(1)(e) and (2) comes into force at RA.see s.80(3)(d)

Prospective

23In section 71AA (young service offenders: custodial orders)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii)for paragraph (a) there is substituted—

(a)shall be not less than the period of two months; and,

(b)in subsection (1AA), “aged 17” is omitted,

(c)in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M4Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d)in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

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

Marginal Citations

Prospective

24In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.E+W+S+N.I.

25(1)Schedule 5A (powers of court on trial of civilian) is amended as follows.E+W+S+N.I.

(2)In paragraph 10—

(a)in sub-paragraph (1)—

(i)for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii)for paragraph (a) there is substituted—

(a)shall not be less than the period of two months;,

(b)in sub-paragraph (1A), “under 18 years of age” is omitted,

(c)in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,

(d)in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e)in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3)In paragraph 15—

(a)in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b)in the table—

(i)in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii)for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii)in the second column, “Custody for life” is omitted,

(c)in the note following the table—

(i)in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii)in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4)Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I4Sch.7 para.25 partly in force:Sch.7 para.25(3)(c)(i) and (4) comes into force at RA.see s.80(3)(d)

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

26The Naval Discipline Act 1957 is amended as follows.E+W+S+N.I.

Prospective

27In section 38(3A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.E+W+S+N.I.

28In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted—E+W+S+N.I.

(bc)order that the convicted person be disqualified from working with children.

29(1)In section 43A (juveniles)—E+W+S+N.I.

(a)in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b)subsections (1A) to (1C) are omitted,

(c)in subsection (1D), paragraph (b) and the “and” preceding it are omitted,

(d)in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e)in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f)in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g)in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2)Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I5Sch.7 para.29 partly in force:Sch.7 para.29(1)(e) and (2) comes into force at RA. see s.80(3)(d)

Prospective

30In section 43AA (young service offenders: custodial orders)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii)for paragraph (a) there is substituted—

(a)shall be not less than the period of two months; and,

(b)in subsection (1AA), “aged 17” is omitted,

(c)in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the M5Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d)in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

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

Marginal Citations

Prospective

31In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.E+W+S+N.I.

32(1)Schedule 4A (powers of court on trial of civilian) is amended as follows.E+W+S+N.I.

(2)In paragraph 10—

(a)in sub-paragraph (1)—

(i)for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii)for paragraph (a) there is substituted—

(a)shall not be less than the period of two months; and,

(b)in sub-paragraph (1A), “under 18 years of age” is omitted,

(c)in sub-paragraph (1AA)(a), for “21” there is substituted “ 18 ”,

(d)in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e)in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3)In paragraph 15—

(a)in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b)in the table—

(i)in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii)for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii)in the second column, “Custody for life” is omitted,

(c)in the note following the table—

(i)in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii)in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4)Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

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

Commencement Information

I6Sch.7 para.32 partly in force:Sch.7 para.32(3)(c)(i) and (4) comes into force at RA.see s.80(3)(d)

Prospective

Criminal Justice Act 1961 (c. 39)E+W+S+N.I.

33In section 23(4) of the Criminal Justice Act 1961 (prison rules), for “secure training centres and remand centres” there is substituted “ and secure training centres ”.E+W+S+N.I.

Prospective

Criminal Justice Act 1967 (c. 80)E+W+S+N.I.

34The Criminal Justice Act 1967 is amended as follows.E+W+S+N.I.

35In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for “twenty-one” there is substituted “ eighteen ”.E+W+S+N.I.

36In section 67(6) (computation of sentences of imprisonment passed in England and Wales), “to a remand centre or” is omitted.E+W+S+N.I.

Social Work (Scotland) Act 1968 (c. 49)E+W+S+N.I.

37In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)—E+W+S+N.I.

(a)at the appropriate place there is inserted—

community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000,

(b)for the definition of “probation order” there is substituted—

probation order”—

(a)in relation to an order imposed by a court in England or Wales, means a community rehabilitation order,

(b)in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the M6Criminal Justice (Northern Ireland) Order 1996,.

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

Marginal Citations

Children and Young Persons Act 1969 (c. 54)E+W+S+N.I.

38The Children and Young Persons Act 1969 is amended as follows.E+W+S+N.I.

Prospective

39In section 23 (remands and committals to local authority accommodation) as it has effect pursuant to section 98(2) of the M7Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)—E+W+S+N.I.

(a)in subsections (1) and (5A), “a remand centre or” is omitted,

(b)in subsection (4)—

(i)at the end of paragraph (a) there is inserted “ or ”,

(ii)paragraph (b) is omitted,

(iii)for paragraph (c) there is substituted—

(c)if paragraph (a) above does not apply, it shall remand him to a prison.

(c)in subsection (5), “remand centre or” is omitted.

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

Marginal Citations

40In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

41In section 46(1) (discontinuance of approved schools etc.), “within the meaning of theProbation Service Act 1993” is omitted.E+W+S+N.I.

42In section 70(1) (general interpretation), at the appropriate place there is inserted—E+W+S+N.I.

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

43(1)Schedule 3 (approved schools and other institutions) is amended as follows.E+W+S+N.I.

(2)In paragraph 6(1), after “ M8Probation Service Act 1993” there is inserted “ or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”.

(3)In paragraph 9—

(a)in sub-paragraph (2)—

(i)for “either” there is substituted “ any ”,

(ii)in paragraph (a), “or” is omitted,

(iii)after paragraph (b) there is inserted—

(c)section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State);

(d)section 5 of that Act (functions of local probation boards); or

(e)section 9 of that Act (approved premises),

(b)for sub-paragraph (4)(b) there is substituted—

(b)the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by—

(i)probation committees under rules made under the Probation Service Act 1993,

(ii)the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and

(iii)local probation boards under section 5 of that Act,

which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution;.

(4)In paragraph 10(4)(b), after “Probation Service Act 1993” there is inserted “ or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”.

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

Marginal Citations

Local Authorities (Goods and Services) Act 1970 (c. 39)E+W+S+N.I.

44(1)Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” includes a local probation board established under section 4 of this Act.E+W+S+N.I.

(2)An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local probation board specified in the order.

Pensions (Increase) Act 1971 (c. 56)E+W+S+N.I.

45In Schedule 2 to the M9Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted—E+W+S+N.I.

53AA pension payable in accordance with regulations under section 7 of the M10Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

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

Marginal Citations

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

Marginal Citations

Local Government Act 1972 (c. 70)E+W+S+N.I.

46In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)—E+W+S+N.I.

(a)in paragraph 2(a), “or” is omitted,

(b)at the end of paragraph 2(b) there is inserted or

(c)a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.,

(c)after paragraph 2 there is inserted—

2AInformation relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.

Juries Act 1974 (c. 23)E+W+S+N.I.

47(1)Schedule 1 to the Juries Act 1974 (ineligibility and disqualification for and excusal from jury service) is amended as follows.E+W+S+N.I.

(2)In Part I, in Group B—

(a)in the entry for the warden and staff of a probation hostel or bail hostel, “(within the meaning of theProbation Service Act 1993)” is omitted,

(b)after that entry there is inserted—

The warden or a member of the staff of approved premises (within the meaning of Part I of the Criminal Justice and Court Services Act 2000)

,

(c)after the entry for probation officers there is inserted—

The chief officer and members of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

Any person who performs the functions of a chief officer of a local probation board in accordance with a management order made under section 10 of the Criminal Justice and Court Services Act 2000.

Any person who performs the functions of an officer of a local probation board under section 5(2) of the Criminal Justice and Court Services Act 2000.

(3)In Part II, in the third paragraph, for “been placed on probation” there is substituted “ had made in respect of him a probation order ”.

Rehabilitation of Offenders Act 1974 (c. 53)E+W+S+N.I.

48The Rehabilitation of Offenders Act 1974 is amended as follows.E+W+S+N.I.

49In section 5 (rehabilitation periods for particular sentences)—E+W+S+N.I.

(a)in subsection (4A), for “a person was placed on probation” there is substituted “ a probation order was made ”,

(b)in subsection (4A)(b), for “probation order” there is inserted “ order in question ”.

50In section 6(3) (the rehabilitation period applicable to a conviction)—E+W+S+N.I.

(a)for “placed on probation” there is substituted “ a probation order was made ”,

(b)for “or probation” there is substituted “ or a breach of the order ”.

Adoption Act 1976 (c. 36)E+W+S+N.I.

51The Adoption Act 1976 is amended as follows.E+W+S+N.I.

52In section 65 (guardians ad litem and reporting officers)—E+W+S+N.I.

(a)in subsection (1)—

(i)after “as are prescribed” there is inserted “ of an officer of the Service ”,

(ii)in paragraph (a), for the words from the beginning to “litem” there is substituted “ to act on behalf ”,

(iii)in paragraph (b), “of a person to act as reporting officer” is omitted,

(b)in subsection (2)—

(i)for “as guardian ad litem or reporting officer” there is substituted “ under subsection (1) ”,

(ii)for “be both guardian ad litem and reporting officer” there is substituted “ act under both paragraphs (a) and (b) of subsection (1) ”,

(c)after subsection (2) there is inserted—

(3)Rules of court may make provision as to the assistance which an officer of the Service may be required by the court to give to it.

(4)In this section “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000.,

(d)for the sidenote there is substituted “ Duties of officers of the Service ”.

53Section 65A (panels for selection of guardians ad litem and reporting officers) is omitted.E+W+S+N.I.

Prospective

Criminal Law Act 1977 (c. 45)E+W+S+N.I.

54The Criminal Law Act 1977 is amended as follows.E+W+S+N.I.

55In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of “prison”, for paragraph (ia) there is substituted—E+W+S+N.I.

(ia)in the case of a person under that age arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person);.

56In section 38B(5) (further provision for execution of warrants of commitment), in the definition of “prison”, for paragraph (a) there is substituted—E+W+S+N.I.

(a)in the case of a person who is under the age of 21 years arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); and.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)E+W+S+N.I.

57In section 26(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (reconciliation)—E+W+S+N.I.

(a)for “a probation officer” there is substituted “ an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000) ”,

(b)for “the probation officer or that” there is substituted “ that officer or ”.

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

58The Magistrates’ Courts Act 1980 is amended as follows.E+W+S+N.I.

Prospective

59In section 11(3) (non-appearance of accused: general provisions), “or detention in a detention centre” is omitted.E+W+S+N.I.

Prospective

60In section 31 (general limit on power of magistrates’ court to impose imprisonment), in subsections (1) and (2), “or youth custody” is omitted.E+W+S+N.I.

61Section 72 (report by probation officer on means of parties) is omitted.E+W+S+N.I.

Prospective

62In section 77(2) (postponement of issue of warrant), “or detention under section 108 of the Powers of M11Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)” is omitted.E+W+S+N.I.

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

Marginal Citations

Prospective

63In section 82 (restriction on power to impose imprisonment for default)—E+W+S+N.I.

(a)in subsection (1)(c), “youth custody or detention in a detention centre” is omitted,

(b)in subsections (1)(c), (3)(a) and (5)(b), for “section 9 of the M12Criminal Justice Act 1982” there is substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”,

(c)in subsection (4A)(e), for “section 17 of the M13Criminal Justice Act 1982” there is substituted “ section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

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

Marginal Citations

Prospective

64In section 88 (supervision pending payment)—E+W+S+N.I.

(a)in subsection (4), for “detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ prison ” and for “such detention” there is substituted “ prison ”,

(b)in subsection (5), for “such detention” there is substituted “ prison ”.

Prospective

65Section 96A (application of Part III to persons aged 18 to 20) is omitted.E+W+S+N.I.

Prospective

66In section 133 (consecutive terms of imprisonment)—E+W+S+N.I.

(a)in subsection (1), the first, second and fourth mentions of “or youth custody” are omitted,

(b)subsection (2A) is omitted.

Prospective

67In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.E+W+S+N.I.

Prospective

68In section 136 (committal to custody overnight at police station), subsection (4) is omitted.E+W+S+N.I.

Prospective

69In Schedule 6A (fines that may be altered under section 143), the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 is omitted.E+W+S+N.I.

Prospective

Imprisonment (Temporary Provisions) Act 1980 (c. 57)E+W+S+N.I.

70In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), “remand centre” is omitted.E+W+S+N.I.

Criminal Justice Act 1982 (c. 48)E+W+S+N.I.

71In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “probation committee for that area to appoint or assign a probation officer” there is substituted “ local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board ”.E+W+S+N.I.

Mental Health Act 1983 (c. 20)E+W+S+N.I.

72The Mental Health Act 1983 is amended as follows.E+W+S+N.I.

Prospective

73In section 48(2)(a) (removal to hospital of other prisoners), “or remand centre” is omitted.E+W+S+N.I.

74In section 134(3)(e) (correspondence of patients), for “probation committee (within the meaning of the M14Probation Service Act 1993)” there is substituted “ local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.E+W+S+N.I.

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

Marginal Citations

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)E+W+S+N.I.

75In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the “and” preceding it are omitted.E+W+S+N.I.

Police and Criminal Evidence Act 1984 (c. 60)E+W+S+N.I.

Prospective

76The Police and Criminal Evidence Act 1984 is amended as follows.E+W+S+N.I.

Prospective

77In section 24(1)(b) (arrest without warrant for arrestable offences), for “21” there is substituted “ 18 ”.E+W+S+N.I.

78In section 62 (intimate samples), at the beginning of subsection (1) there is inserted “ Subject to section 63B below ”.E+W

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

Commencement Information

I7Sch. 7 para. 78 wholly in force at 2.7.2001; Sch. 7 para. 78 not in force at Royal Assent see s. 80; Sch. 7 para. 78 in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(i)

Child Abduction and Custody Act 1985 (c. 60)E+W+S+N.I.

79The Child Abduction and Custody Act 1985 is amended as follows.E+W+S+N.I.

80In sections 6(a) and 21(a) (reports), for “a probation officer” there is substituted “ an officer of the Service ”.E+W+S+N.I.

81In section 27 (interpretation), after subsection (4) there is inserted—E+W+S+N.I.

(5)In this Act “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000.

Local Government Act 1988 (c. 9)E+W+S+N.I.

82In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for “A probation committee (within the meaning of the M15Probation Service Act 1993)” there is substituted “ A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.E+W+S+N.I.

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

Marginal Citations

Education Reform Act 1988 (c. 40)E+W+S+N.I.

[F183In the Education Reform Act 1988, after section 218 there is inserted—E+W+S+N.I.

218A Regulations under section 218(6): further provision.

(1)The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against—

(a)a decision to prohibit or restrict the person’s employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or

(b)a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.

(2)The regulations may—

(a)make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;

(b)provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.

(3)The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.

(4)The regulations may make provision as to—

(a)the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person’s favour;

(b)the powers available to the Tribunal on determining a review in the person’s favour.

(5)In this section—

(a)relevant grounds” means the grounds mentioned in section 218(6ZA)(c) above;

(b)the Tribunal” means the Tribunal established under section 1 of the M16Protection of Children Act 1999.]

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

Marginal Citations

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

Amendments (Textual)

F1Sch. 7 para. 83 repealed (31.3.2003 for (W.) and otherwise (prosp,) by 2002 c. 32, ss. 215(2), 216, 217, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5 Sch. Pt. II

Local Government Finance Act 1988 (c. 41)E+W+S+N.I.

84The Local Government Finance Act 1988 is amended as follows.E+W+S+N.I.

85In section 74(1)(c) (levies), for “magistrates’ courts committee or probation committee” there is substituted “ or magistrates’ courts committee ”.E+W+S+N.I.

86In section 117(5)(c) (rates and precepts: abolition), for “magistrates’ courts committee or probation committee” there is substituted “ or magistrates’ courts committee ”.E+W+S+N.I.

Children Act 1989 (c. 41)E+W+S+N.I.

87The Children Act 1989 is amended as follows.E+W+S+N.I.

88In section 7 (welfare reports)—E+W+S+N.I.

(a)in subsection (1), for “a probation officer” (in both places) there is substituted “ an officer of the Service ”,

(b)in subsection (5), for “probation officer” there is substituted “ officer of the Service ”.

89In section 16 (family assistance orders)—E+W+S+N.I.

(a)in subsection (1)(a), for “a probation officer” there is substituted “ an officer of the Service ”,

(b)subsections (8) and (9) are omitted.

90In section 31(1)(b) (care and supervision orders), “or of a probation officer” is omitted.E+W+S+N.I.

91In section 41 (representation of child and of his interests in certain proceedings)—E+W+S+N.I.

(a)in subsections (1) and (11), for “a guardian ad litem” there is substituted “ an officer of the Service ”,

(b)in subsections (2), (4)(a) and (10)(a) and (b), for “guardian ad litem” there is substituted “ officer of the Service ”,

(c)in subsection (10)(c), for “guardians ad litem” there is substituted “ officers of the Service ”,

(d)subsections (7) to (9) and (12) are omitted,

(e)for the cross-heading preceding section 41 there is substituted “ Representation of child ”.

92In section 42 (right of guardian ad litem to have access to local authority records)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “a person” there is substituted “ an officer of the Service ”,

(ii)for “as a guardian ad litem under this Act” there is substituted “ under section 41 ”,

(b)in subsection (2), for “a guardian ad litem” there is substituted “ an officer of the Service ”,

(c)for the sidenote there is substituted “ Right of officer of the Service to have access to local authority records ”.

93In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)—E+W+S+N.I.

(a)in paragraph (a), “or” is omitted,

(b)in paragraph (b), after “hostels or homes” there is inserted or

(c)of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).

94In section 68(2)(d), (persons disqualified from being private foster parents), for “has been placed on probation or” there is substituted “ a probation order has been made in respect of him or he has been ”.E+W+S+N.I.

95In section 105(1) (interpretation), at the appropriate place there is inserted—E+W+S+N.I.

officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;.

96In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.E+W+S+N.I.

97In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.E+W+S+N.I.

Prospective

Computer Misuse Act 1990 (c. 18)E+W+S+N.I.

98In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for “of twenty-one years of age or over (not previously convicted)” there is substituted “ who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions ”.E+W+S+N.I.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)E+W+S+N.I.

99The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 is amended as follows.E+W+S+N.I.

100In section 6(1) (general interpretation), at the appropriate place there is inserted—E+W+S+N.I.

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

Prospective

101In Schedule 1 (orders for admission to hospital), in paragraph 4(1)—E+W+S+N.I.

(a)paragraph (c) and the “or” preceding it are omitted,

(b)for “prison or remand centre” there is substituted “ or prison ”.

102In Schedule 2 (supervision and treatment orders), in paragraph 1(1)(a), for “probation officer” there is substituted “ an officer of a local probation board ”.E+W+S+N.I.

Criminal Justice Act 1991 (c. 53)E+W+S+N.I.

103The Criminal Justice Act 1991 is amended as follows.E+W+S+N.I.

Prospective

104In section 34A(2)(c) (power to release short term prisoners on licence), for “4(1)(d) or 5(1)(d)” there is substituted “ 4(1C)(d) or 5(1C)(d) ”.E+W+S+N.I.

105In section 37A (curfew condition to be included in licence), subsection (7) is omitted.E+W

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

Commencement Information

I8Sch. 7 para. 105 wholly in force at 2.7.2001; Sch. 7 para. 105 not in force at Royal Assent see s. 80; Sch. 7 para. 105 in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(ii)

Prospective

106In section 45(1) (fine defaulters and contemnors), “or to be detained under section 108 of the M17Powers of Criminal Courts (Sentencing) Act 2000” is omitted.E+W+S+N.I.

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

Marginal Citations

Prospective

107In section 65 (supervision of young offenders after release)—E+W+S+N.I.

(a)in subsection (1), for the words from the first mention of “under” to “from” there is substituted “ (“the offender”) sentenced to a term of imprisonment or to ” and after “Powers of Criminal Courts (Sentencing) Act 2000” there is inserted “ is released while under the age of 22 years ”,

(b)in subsection (7), for “21” there is substituted “ 18 ” and for “detention in a young offender institution” there is substituted “ detention in such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”.

Prospective

108In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.E+W+S+N.I.

Prospective

109In section 92(1) (interpretation of Part IV), in the definition of “prison”, “or remand centre” is omitted.E+W+S+N.I.

110In section 99(1) (general interpretation), at the appropriate place there is inserted—E+W+S+N.I.

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

111In Schedule 3 (reciprocal enforcement of certain orders)—E+W+S+N.I.

(a)in paragraph 10—

(i)in sub-paragraphs (2)(b) and (3)(c), for “probation committee” there is substituted “ local probation board ”,

(ii)in sub-paragraph (3)(a), for “a probation officer assigned” there is substituted “ an officer of a local probation board assigned ”,

(iii)in sub-paragraph (3)(d), for “probation centre” there is substituted “ community rehabilitation centre ”,

(b)in paragraph 11(4), for “4(1)(d), 5(1)(d)” there is substituted “ 4(1C)(d), 5(1C)(d) ”.

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

Commencement Information

I9Sch. 7 para. 111 partly in force; Sch. para. 111 not in force at Royal Assent see s. 80; Sch. 7 para. 111(a) in force at 1.4.2001 by S.I. 2001/919, art. 2(f)(ii)

Prospective

112In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraphs 2 and 6(3) are omitted.E+W+S+N.I.

Prospective

113In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), “remand centre or” is omitted.E+W+S+N.I.

Prospective

Water Industry Act 1991 (c. 56)E+W+S+N.I.

114In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for “young offender institution or remand centre” there is substituted “ or young offender institution ”.E+W+S+N.I.

Prospective

Prison Security Act 1992 (c. 25)E+W+S+N.I.

115In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.E+W+S+N.I.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)E+W+S+N.I.

116The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.E+W+S+N.I.

117In section 15(5) (variation of supervised release order), for “probation officer” there is substituted “ officer of a local probation board ”.E+W+S+N.I.

118In section 27(1) (interpretation of Part I), at the appropriate place there is inserted—E+W+S+N.I.

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

Prospective

Intelligence Services Act 1994 (c. 13)E+W+S+N.I.

119In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.E+W+S+N.I.

Criminal Procedure (Scotland) Act 1995 (c. 46)E+W+S+N.I.

120The Criminal Procedure (Scotland) Act 1995 is amended as follows.E+W+S+N.I.

121In section 209(7) (supervised release orders), for “probation officer” there is substituted “ officer of a local probation board ”.E+W+S+N.I.

122In section 228(2)(b) (probation orders), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

123In section 234 (probation orders: persons residing in England and Wales)—E+W+S+N.I.

(a)in subsection (2), for “probation order made” there is substituted “ community rehabilitation order made ”,

(b)in subsection (3)(c), for “probation committee” there is substituted “ local probation board ”,

(c)in subsection (4)(a), after “probation orders” there is inserted “ or, as the case may be, community rehabilitation orders ”,

(d)in subsection (5)(a), for “probation order” there is substituted “ community rehabilitation order ”,

(e)in subsection (5)(b), for “combination order” there is substituted “ community punishment and rehabilitation order ”,

(f)in subsection (10), for “probation orders” there is substituted “ community rehabilitation orders ”.

124In section 242 (community service orders: persons residing in England and Wales)—E+W+S+N.I.

(a)in subsection (1)(a)(ii), for “community service order” there is substituted “ community punishment order ”,

(b)in subsections (1)(a)(iii), (2)(b) and (3)(b), for “community service orders” there is substituted “ community punishment orders ”,

(c)in subsection (3)(b)—

(i)for “probation committee” there is substituted “ local probation board ”,

(ii)for “a probation officer” there is substituted “ an officer of the board ”.

125In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)—E+W+S+N.I.

(a)for subsection (3) there is substituted—

(3)Subject to the following provisions of this section—

(a)a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and

(b)a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly.

(b)in subsections (4)(a) and (6), after “community service orders” there is inserted “ or, as the case may be, community punishment orders ”,

(c)in subsection (5), after “a community service order” there is inserted “ or, as the case may be, a community punishment order ”.

126In section 307(1) (interpretation), at the appropriate place there is inserted—E+W+S+N.I.

local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

Education Act 1996 (c. 56)E+W+S+N.I.

127The Education Act 1996 is amended as follows.E+W+S+N.I.

128In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted—E+W+S+N.I.

(2)Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the M18Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)—

(a)is employed in a registered or provisionally registered school, or

(b)is the proprietor of such a school,

he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.

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Marginal Citations

129After section 473 there is inserted—E+W+S+N.I.

473A Removal of disqualification: persons no longer unsuitable to work with children.

(1)Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.

(2)This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children—

(a)from being the proprietor of any independent school; or

(b)from being a teacher or other employee in any school.

(3)On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.

(4)If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.

(5)In this section and section 473B, “the Tribunal” means the tribunal established by section 9 of the M19Protection of Children Act 1999.

473B Conditions for application under section 473A.

(1)A person may only make an application under section 473A with the leave of the Tribunal.

(2)An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person’s case.

(3)In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if—

(a)at least five years have elapsed since the order was made; and

(b)in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4)In the case of any other person, the appropriate conditions are satisfied if—

(a)at least ten years have elapsed since the order was made; and

(b)in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5)The Tribunal shall not grant an application under this section unless it considers—

(a)that the person’s circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and

(b)that the change is such that leave should be granted.

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Marginal Citations

130In section 474 (removal of disqualification)—E+W+S+N.I.

(a)at the end of subsection (1) there is inserted—

But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies.,

(b)for the sidenote there is substituted “Removal of disqualification: other cases.”

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))E+W+S+N.I.

131The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.E+W+S+N.I.

132In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the M20Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

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Marginal Citations

133In Article 13(4)(b) (community service orders in respect of convicted persons) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the M21Criminal Justice Act 1982 (reciprocal arrangements), for “such orders” there is substituted “ community punishment orders ”.E+W+S+N.I.

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Marginal Citations

Prospective

Sexual Offences (Protected Material) Act 1997 (c. 39)E+W+S+N.I.

134In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.E+W+S+N.I.

Crime (Sentences) Act 1997 (c. 43)E+W+S+N.I.

135The Crime (Sentences) Act 1997 is amended as follows.E+W+S+N.I.

136In section 28 (duty to release certain life prisoners)—E+W+S+N.I.

(a)for the words from the beginning to the end of subsection (5)(a) there is substituted—

(1A)In this Chapter—

(a)references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order has been made under subsection (2) of section 82A of the M22Powers of Criminal Courts (Sentencing) Act 2000 or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage; and

(b)references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence,

and in this section “appropriate stage”, in relation to such a direction, has the same meaning as in subsection (6) of that section.

(1B)But if a life prisoner is serving two or more life sentences—

(a)he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; and

(b)the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

(5)As soon as—

(a)a life prisoner to whom this section applies has served the relevant part of his sentence,

(b)subsection (9) is omitted.

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Marginal Citations

137In section 33 (life prisoners transferred to England and Wales)—E+W+S+N.I.

(a)for “section 28” (in subsections (1) and (2)) there is substituted “ the provisions of section 28(5) to (8) ”,

(b)in subsection (5), for “subsections (5) and (7) of section 28” there is substituted “ the provisions of section 28(5) to (8) ”.

138In section 34(1) (interpretation), the words following the first mention of “sentences” are omitted.E+W+S+N.I.

Prospective

139In section 35 (fine defaulters: general)—E+W+S+N.I.

(a)in subsection (1)(b), for “21” there is substituted “ 18 ”,

(b)in subsections (5)(c) and (8)(a), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

Prospective

140In section 40(1)(b) (fine defaulters), for “21” there is substituted “ 18 ”.E+W+S+N.I.

141In section 54(1) (general interpretation), at the appropriate place there is inserted—E+W+S+N.I.

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

142In section 57(8) (extent), at the end there is inserted—E+W+S+N.I.

or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial

,

and Chapter II of Part II of that Act is to be treated as always having had effect as amended by this paragraph.

143In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for “Probation officer” there is substituted “ Officer of a local probation board ”.E+W+S+N.I.

144In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.E+W+S+N.I.

145Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement.E+W+S+N.I.

146Paragraph 147 below applies where a person serving any life sentence passed after commencement—E+W+S+N.I.

(a)is also serving a life sentence passed before commencement, or

(b)by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,

and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 147 below as pre-commencement life sentences.

147Section 28(1B) is to have effect as if—E+W+S+N.I.

(a)any reference to a life sentence included a pre-commencement life sentence,

(b)any reference to an order or direction in relation to such a life sentence were to—

(i)an order under section 28(2)(b) or a direction under section 28(4) (as originally enacted), or

(ii)a certificate under section 33,

(c)any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.

148In paragraphs 145 and 146 above, “commencement” means the coming into force of section 60 of this Act and “life sentence” has the same meaning as in Chapter II of Part II of that Act.E+W+S+N.I.

Prospective

Police Act 1997 (c. 50)E+W+S+N.I.

149In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.E+W+S+N.I.

Crime and Disorder Act 1998 (c. 37)E+W+S+N.I.

150The Crime and Disorder Act 1998 is amended as follows.E+W+S+N.I.

151In sections F2. . . 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

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Amendments (Textual)

152In section 117(1) (interpretation), after the definition of “guardian” there is inserted—E+W+S+N.I.

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

153In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.E+W+S+N.I.

Protection of Children Act 1999 (c. 14)E+W+S+N.I.

154The Protection of Children Act 1999 is amended as follows.E+W+S+N.I.

155After section 4 there is inserted—E+W+S+N.I.

4A Applications for removal from list.

(1)Subject to section 4B below, an individual who is included in the list kept by the Secretary of State under section 1 above may make an application to the Tribunal under this section.

(2)On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.

(3)If the Tribunal is satisfied that the individual is no longer unsuitable to work with children it shall direct his removal from the list; otherwise it shall dismiss the application.

4B Conditions for application under section 4A.

(1)An individual may only make an application under section 4A above with the leave of the Tribunal.

(2)An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.

(3)In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if—

(a)he has been so included for a continuous period of at least five years; and

(b)in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4)In the case of any other individual, the appropriate conditions are satisfied if—

(a)he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and

(b)in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5)The Tribunal shall not grant an application under this section unless it considers—

(a)that the individual’s circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and

(b)that the change is such that leave should be granted.

4C Restoration to list.

(1)If it appears to a chief officer of police or a director of social services of a local authority that the conditions set out in subsection (2) below are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.

(2)The conditions are that—

(a)the individual is no longer included in the list kept by the Secretary of State under section 1 above, and

(b)the individual has acted in such a way (whether before or after he ceased to be included in the list) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.

(3)An application under this section may be made at any time after the individual ceased to be included in the list.

(4)If the High Court is satisfied that the conditions set out in subsection (2) above are satisfied, it must order the restoration of the individual’s inclusion in the list; otherwise it must dismiss the application.

(5)Where an order is made under this section, section 4B above has effect with the following modifications—

(a)in subsection (3), the reference to the individual being a child when he was included in the list is to be read as a reference to his being a child when the order under this section was made,

(b)subsections (3)(a) and (4)(a) are to have effect as if at the end there were inserted “beginning with the making of the order under section 4C below”,

(c)in subsection (5)(a), the reference to the individual’s circumstances changing since he was included in the list is to be read as a reference to his circumstances changing since the order under this section was made.

(6)For the purposes of this section an individual is no longer included in the list if a direction under section 4A(3) above has been given in respect of him and his inclusion in the list is not restored by virtue of an order under this section.

(7)In this section, “local authority” has the same meaning as in the M23Education Act 1996.

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Marginal Citations

156Section 6 (appeals against prohibition or restriction of employment) is omitted.E+W+S+N.I.

157In section 9(2) (the Tribunal)—E+W+S+N.I.

(a)in paragraph (a), after “4” there is inserted “ , 4A or 4B ”,

(b)for paragraph (b) there is substituted—

(b)on an appeal or determination under regulations made under section 218(6) of the 1988 Act;,

(c)for the “or” before paragraph (d) there is substituted—

(ca)on a determination under section 473A or 473B of the Education Act 1996;,

(d)after paragraph (d) there is inserted or

(e)on a determination under section 32 or 33 of the Criminal Justice and Court Services Act 2000.

158In section 12 (interpretation)—E+W+S+N.I.

(a)in the definition of “child care position”, for paragraphs (a) to (c) there is substituted—

(a)is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but

(b)is not a position within subsection (3) below;,

(b)in subsection (3)(b), for the words from “an independent” to the end there is substituted “ a school which is a children’s home for the purposes of the M24Care Standards Act 2000 ”.

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Marginal Citations

159In section 14 (extent etc.)—E+W+S+N.I.

(a)in subsection (3), for “This Act, except section 8 and this section,” there is substituted “ Subject to subsections (4) and (5) below, this Act ”,

(b)after subsection (4) there is inserted—

(5)Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+S+N.I.

160The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W+S+N.I.

161In section 33(1) (meaning of “community order”)—E+W

(a)after paragraph (a) there is inserted—

(aa)an exclusion order,

(b)after paragraph (e) there is inserted—

(ee)a drug abstinence order.

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Commencement Information

I10Sch. 7 para. 161 partly in force at 2.7.2001; Sch. 7 para. 161 not in force at Royal Assent see s. 80; Sch. 7 para. 161(b) in force for specified purposes at 20.6.001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(iii)

162In section 37(10)(a) (curfew orders), for “section 38 below” there is substituted “ section 36B above ”.E+W

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Commencement Information

I11Sch. 7 para. 162 wholly in force at 2.7.2001; Sch. 7 para. 162 not in force at Royal Assent see s. 80; Sch. 7 para. 162 in force for specified puposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(v)

163Section 38 (electronic monitoring of curfew orders) is omitted.E+W

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Commencement Information

I12Sch. 7 para. 163 wholly in force at 2.7.2001; Sch. 7 para. 163 not in force at Royal Assent see s. 80; Sch. 7 para. 163 in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(iv)

164In section 40 (curfew orders: supplementary)—E+W

(a)in subsection (1)(a), the words from “(including” to “available)” are omitted,

(b)after subsection (2) there is inserted—

(3)An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

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Commencement Information

I13Sch. 7 para. 164 partly in force; Sch. 7 para. 164 not in force at Royal Assent see s. 80; Sch. 7 para. 164 in force for specified purposes at 20.6.2001 and for other specified purposes at 2.7.2001 by S.I. 2001/2232, art. 2(m)(v)

Prospective

165In section 41 (probation orders)—E+W+S+N.I.

(a)in subsection (7)(c), for the words from “either” to the end there is substituted “ of the offender, the responsible officer or any affected person ”,

(b)after subsection (9) there is inserted—

(9A)The court by which such an order is made shall give to any affected person any information relating to the order which the court considers it appropriate for him to have.,

(c)after subsection (11) there is inserted—

(12)For the purposes of this Act, a person is an affected person in relation to a community rehabilitation order if—

(a)a requirement under section 36B(1) above is included in the order by virtue of his consent; or

(b)a requirement is included in the order under paragraph 8(1) of Schedule 2 to this Act for the purpose (or partly for the purpose) of protecting him from being approached by the offender.

166In section 42(1) (additional requirements which may be included in probation orders), for “probation period” there is substituted “ community rehabilitation period ”.E+W+S+N.I.

Prospective

167In section 45(2) (community rehabilitation orders: supplementary), for “paragraph 19(2)(a)” there is substituted “ paragraphs 2A(4) and (5) and 19(2)(a) ”.E+W+S+N.I.

168In section 46(13) (community service orders), “(a) or (b)” is omitted.E+W+S+N.I.

169In section 47 (obligations of person subject to community service order)—E+W+S+N.I.

(a)in subsection (4), for paragraphs (a) and (b) there is substituted “ an officer of a local probation board appointed for or assigned to the petty sessions area specified in the order ”,

(b)in subsection (5)(a), “(a) or (b)” is omitted.

Prospective

170In section 52(4) (drug treatment and testing orders), after “body” there is inserted “ (in a case where, at the time of his conviction, he was aged under 18) ”.E+W+S+N.I.

171In section 57 (copies of orders)—E+W+S+N.I.

(a)in subsection (2), after “order shall” there is inserted “ (subject to subsection (3A) below) ”,

(b)after subsection (3) there is inserted—

(3A)Where—

(a)a magistrates’ court amends a drug treatment and testing order under section 55(1) above; and

(b)the order as amended provides for a magistrates’ court other than that mentioned in paragraph (a) above to be responsible for the order;

the court amending the order shall not give copies of the order as amended as mentioned in subsection (2) above but shall forthwith send copies of it to the court responsible for the order and that court shall, as soon as reasonably practicable after the order is amended, give copies to an officer of a local probation board assigned to that court.

Prospective

172In section 58 (drug treatment and testing orders: supplementary), at the end there is inserted—E+W+S+N.I.

(2)Where an order under paragraph 1(1A) of Schedule 3 to this Act provides for the warning provisions to apply to drug treatment and testing orders, an order under this section may make in paragraph 2A(4) and (5) of that Schedule any amendment which the Secretary of State thinks necessary in consequence of any substitution made by that order.

Prospective

173In section 60(1)(b) (attendance centre orders), after “court” there is inserted “ has power or ”.E+W+S+N.I.

174In section 64(2) (selection and duty of supervisor), the words from “and selected under arrangements” to the end of the subsection are omitted.E+W+S+N.I.

175In section 66 (facilities for implementing supervision orders), in subsections (2), (9) and (12) (in both places), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

Prospective

176In section 76(1) (meaning of “custodial sentence”), paragraphs (c) and (d) are omitted.E+W+S+N.I.

Prospective

177In section 78 (general limit on magistrates’ courts’ power to impose imprisonment etc.), “or detention in a young offender institution” in subsections (1) and (2) and the sidenote is omitted.E+W+S+N.I.

Prospective

178In section 83(2) (restriction on imposing custodial sentences on persons not legally represented), for paragraphs (b) and (c) there is substituted—E+W+S+N.I.

(aa)pass a sentence of imprisonment on a person who, when convicted, was aged at least 18 but under 21.

Prospective

179In section 87(12) (crediting periods of remand in custody: terms of imprisonment and detention), paragraph (b) and the preceding “and” are omitted.E+W+S+N.I.

Prospective

180In section 89 (restriction on imposing imprisonment etc. on persons under 21), for each mention of “under 21” (including the mention in the sidenote) there is substituted “ under 18 ”.E+W+S+N.I.

Prospective

181In section 91 (offenders under 18 convicted of certain serious offences), in subsections (1)(a) and (3), for “21” there is substituted “ 18 ”.E+W+S+N.I.

Prospective

182Sections 93 to 98 (custody for life and detention in a young offender institution) are omitted.E+W+S+N.I.

Prospective

183In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.E+W+S+N.I.

Prospective

184In section 100(1) (offenders under 18: detention and training orders), for “91 and 93” there is substituted “ and 91 ” and for “21” there is substituted “ 18 ”.E+W+S+N.I.

Prospective

185In section 101(2) (term of order, consecutive terms and taking account of remands), for “21” there is substituted “ 18 ”.E+W+S+N.I.

Prospective

186In section 105(1)(a) (offences during currency of order), for “21” there is substituted “ 18 ”.E+W+S+N.I.

Prospective

187In section 106 (interaction of sentences of detention in a young offender institution)—E+W+S+N.I.

(a)subsection (1) is omitted,

(b)in subsection (3), the words from the beginning to “and” are omitted,

(c)in subsection (4), for “98 above” there is substituted “ 61 of the Criminal Justice and Court Services Act 2000 ”,

(d)in subsection (6), for “detention in a young offender institution” there is substituted “ imprisonment ”.

Prospective

188Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.E+W+S+N.I.

Prospective

189In section 109(2) (life sentence for second serious offence), for paragraphs (a) and (b) there is substituted “ a sentence of imprisonment for life ”.E+W+S+N.I.

Prospective

190In section 110 (minimum sentence for third Class A drug trafficking offence)—E+W+S+N.I.

(a)in subsection (2), for “an appropriate custodial sentence” there is substituted “ a sentence of imprisonment ”,

(b)subsection (6) is omitted.

Prospective

191In section 111 (minimum sentence for third domestic burglary)—E+W+S+N.I.

(a)in subsection (2), for “an appropriate custodial sentence” there is substituted “ a sentence of imprisonment ”,

(b)subsection (6) is omitted.

Prospective

192In section 137 (power to order parent or guardian to pay fine, costs or compensation), subsection (2)(a) is omitted.E+W+S+N.I.

Prospective

193In section 139 (powers and duties of Crown Court in relation to fines and forfeited recognizances)—E+W+S+N.I.

(a)in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)” is omitted,

(b)in subsection (3), “or detained” is omitted,

(c)in subsection (3)(c), “custody for life or detention in a young offender institution” is omitted,

(d)in subsection (4), “or detention” is omitted,

(e)in subsection (5), the second “or detention” is omitted.

Prospective

194In section 140(3) (enforcement of fines imposed and recognizances forfeited by Crown Court), “or detention under section 108 above” is omitted.E+W+S+N.I.

195For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted “ Other reports of officers of local probation boards and members of youth offending teams ”.E+W+S+N.I.

196In section 160 (rules and orders)—E+W

(a)in subsection (2)(a), for the words from “40(1)” to “Schedule 2” there is substituted “ 36B(6), 40(1), 40C(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, or 8 of Schedule 2 ”,

(b)in subsection (2)(b), for the words from “40(2)” to the end there is substituted “ 40(2)(b), 40C(2), 68, 122(7) or 156(4) or paragraph 7(9) or 8(8) of Schedule 2 ”,

(c)in subsection (3)(a)—

(i)after “15(1)” there is inserted “ 40(2)(a) ”,

(ii)after “58” there is inserted “ 58A(4) ”,

(iii)for “or 103(2)” there is substituted “ 103(2) or paragraph 1(1A) of Schedule 3 ”,

(d)for subsection (5) there is substituted—

(5)The following may make different provision for different cases or classes of case—

(a)any order under section 36B(5), 37(6), 40(2), 40A(6) or 40C(2) or paragraph 7 or 8 of Schedule 2;

(b)any rules under section 36B, 40(1), 40C(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7 or 8 of Schedule 2.

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

Commencement Information

I14Sch. 7 para. 196 partly in force; Sch. 7 para. 196 not in force at Royal Assent see s. 80; Sch. 7 para. 196 in force for specified purposes at 20.6.2001 and in force for other specified purposes at 2.7.2001 by S.I. 2001/2232, art. 2(m)(vi)

197In section 163 (general definitions)—E+W+S+N.I.

(a)in the definition of “attendance centre order”, for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”,

(b)the definitions of “combination order”, “probation order” and “probation period” are omitted,

(c)in the definition of “community punishment order”, for “4(1)(b) or 5(1)(b)” there is substituted “ 4(1C)(b) or 5(1C)(b) ”,

(d)in the definition of “curfew order”, after “59 above” there is inserted “ or paragraph 6A of Schedule 3 to this Act ” and after “section 59” (in the second place) there is inserted “ or paragraph 4(1C)(a) of Schedule 3 ”,

(e)at the end of the definition of “custodial sentence” there is inserted “ and, in relation to sentences passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution ”,

(f)at the appropriate places there are inserted—

affected person”—

(a)in relation to an exclusion order, has the meaning given by section 40A(13) above;

(b)in relation to a community rehabilitation order, has the meaning given by section 41(12) above; and

(c)in relation to a community punishment and rehabilitation order, has (by virtue of section 51(4) above), the meaning given by section 41(12) above,

community rehabilitation period” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order,

drug abstinence order” means an order under section 58A(1) above,

exclusion order” means an order under section 40A(1) above,

local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000,

(g)in the definition of “responsible officer”—

(i)after paragraph (a) there is inserted—

(aa)in relation to an exclusion order, has the meaning given by section 40A(14) above,

(ii)after paragraph (e) there is inserted—

(ee)in relation to a drug abstinence order, has the meaning given by section 58A(5) above.

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

Commencement Information

I15Sch. 7 para. 197 partly in force; Sch. 7 para. 197 not in force at Royal Assent see s. 80; Sch. 7 para. 197(b) in force and Sch. 7 para. 197(f) in force for specified purposes at 1.4.2001 by S.I. 2001/919, art. 2(f)(iii); Sch. 7 para. 197(f) in force for specified purposes at 20.6.2001 and 2.7.2001 and Sch. 7 para. 197(g)(ii) in force for specified purposes at 20.6.2001 and in force insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(vii)

198(1)Schedule 2 (additional requirements which may be included in probation orders) is amended as follows.E+W+S+N.I.

(2)In paragraphs 2(1)(b)(ii), 3(1), 5(2) and 6(3), for “probation period” there is substituted “ community rehabilitation period ”.

(3)In paragraph 2(5), for “probation committee” there is substituted “ local probation board ”.

(4)In paragraph 3—

(a)in sub-paragraphs (1), (6) and (8), for “probation centre” there is substituted “ community rehabilitation centre ”,

(b)in sub-paragraph (7), for “probation centres” there is substituted “ community rehabilitation centres ”,

(c)for the cross-heading preceding paragraph 3 there is substituted “ Requirements as to attendance at community rehabilitation centres ”.

(5)For the heading to the Schedule there is substituted “ Additional requirements which may be included in community rehabilitation orders ”.

199(1)Schedule 3 (breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders) is amended as follows.E+W

(2)In paragraph 1—

(a)in sub-paragraph (1)—

(i)after paragraph (a) there is inserted—

(aa)an exclusion order;

(ii)after paragraph (e) there is inserted—

(f)a drug abstinence order.

(b)in sub-paragraph (2)(b), for “a probation, community service, combination or drug treatment and testing” there is substituted “ an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence ”,

(c)in sub-paragraph (3)—

(i)after “order” there is inserted “ or drug abstinence order ”,

(ii)at the end there is inserted “ (or that subsection as applied by section 58B(2) of this Act) ”.

(3)In paragraphs 1(4)(a), 18(4), 19(1) (in each place) and 19(2), for “probation element” there is substituted “ community rehabilitation element ”.

(4)In paragraphs 1(4)(b) and 7(3)(b)(ii), for “community service element” there is substituted “ community punishment element ”.

(5)In paragraph 2(1), for “probation, community service or combination” there is substituted “ exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence ”.

(6)In paragraph 3(2)—

(a)in paragraph (a), after “testing order” there is inserted “ or a drug abstinence order ”,

(b)in paragraph (c), after “testing order” there is inserted “ a drug abstinence order ”.

(7)In paragraph 4—

(a)in sub-paragraph (2), for “(1)(d)” there is substituted “ (1C)(d) ”,

(b)in sub-paragraph (3), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”,

(c)in sub-paragraph (4), for “(1)(a)” there is substituted “ (1C)(a) ”,

(d)in sub-paragraph (6), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”.

(8)In paragraph 5—

(a)in sub-paragraph (2), for “(1)(d)” there is substituted “ (1C)(d) ”,

(b)in sub-paragraph (3), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”.

(9)After paragraph 6 there is inserted—

Curfew orders imposed for breach of relevant orderE+W

6A(1)Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to “make” there were substituted “Where a court has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender”.

(2)In this paragraph—

  • secondary order” means a curfew order made by virtue of paragraph 4(1C)(a) or 5(1C)(a) above;

  • original order” means the relevant order the failure to comply with which led to the making of the secondary order.

(3)A secondary order—

(a)shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and

(b)may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.

(4)Part IV of this Act, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.

(5)Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.

(6)Paragraphs 2A, 4(1A) to (2) and 5(1A) to (2) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(7)In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(8)Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.

(10)In paragraph 7—

(a)in sub-paragraph (1), for “4(1)(b) and 5(1)(b)” there is substituted “ 4(1C)(b) and 5(1C)(b) ”,

(b)in sub-paragraph (2), for “4(1)(b) or 5(1)(b) above” there is substituted “ 4(1C)(b) or 5(1C)(b) and “original order” means the relevant order the failure to comply with which led to the making of the secondary order ”,

(c)for sub-paragraphs (4) to (6) there is substituted—

(4)Part IV of this Act, except sections 35, 36, 46(3) and (8) and 48 to 50, has effect in relation to a secondary order as it has effect in relation to any other community punishment order, but subject to the further modifications made below.

(5)Paragraphs 2A, 4(1A) to (3) and 5(1A) to (3) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(6)In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(7)Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.,

and for the cross-heading preceding the paragraph there is substituted “ Community punishment orders imposed for breach of relevant order ”.

(11)In paragraph 8—

(a)in sub-paragraph (1)—

(i)for “4(1)(c) and 5(1)(c)” there is substituted “ 4(1C)(c) and 5(1C)(c) ”,

(ii)for the words following “Where a court” there is substituted “ has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may ”,

(b)in sub-paragraph (2)—

(i)in paragraph (b), after “applicable” there is inserted “ section 36B and ”,

(ii)for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”,

(c)in sub-paragraph (3), for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”.

(12)In paragraph 9—

(a)in sub-paragraph (1), for “4(1)(a), (b) or (c) or 5(1)(a), (b) or (c)” there is substituted “ 4(1C)(a), (b) or (c) or 5(1C)(a), (b) or (c) ”,

(b)sub-paragraph (2) is omitted,

(c)in sub-paragraph (3), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(13)In paragraphs 10(2)(a) and 13(2)(a), after “testing order” there is inserted “ or a drug abstinence order ”.

(14)In paragraphs 10(4) and 11(3), for “probation, combination” there is substituted “ community rehabilitation, community punishment and rehabilitation ”.

(15)In paragraph 12(1), for “probation order or combination” there is substituted “ community rehabilitation order or community punishment and rehabilitation ”.

(16)In paragraphs 12(1)(b), 12(2)(a) and (b), 12(4)(a) (in both places), 12(4)(b), 12(7) and 20(1), for “probation or combination” there is substituted “ community rehabilitation or community punishment and rehabilitation ”.

(17)In paragraphs 12(4)(b) and 19(2)(a), for “probation period” there is substituted “ community rehabilitation period ”.

(18)For the cross-heading preceding paragraph 12 there is substituted “ Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order ”.

(19)In paragraphs 16 and 21(7), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(20)In paragraph 18—

(a)in sub-paragraph (3), for “probation” there is substituted “ community rehabilitation ”,

(b)in sub-paragraph (6)(a), for “probation, community service or combination” there is substituted “ community rehabilitation, community punishment or community punishment and rehabilitation ”.

(21)In paragraph 19—

(a)in sub-paragraph (1)—

(i)for “sub-paragraphs (2) and (3) below” there is substituted “ the following provisions of this paragraph ”,

(ii)for “the offender or the responsible officer,” there is substituted “ an eligible person, ”

(iii)for “probation or curfew” (in each place) there is substituted “ community rehabilitation, curfew or exclusion ”,

(b)in sub-paragraph (2), after paragraph (a) there is inserted—

(aa)by extending any curfew periods specified in a requirement under the order beyond the end of six months from the date of the original order;

(ab)by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of two years from the date of the original order;,

(c)in sub-paragraph (3), after “six months” there is inserted “ (or, for an offender aged under 16 on conviction, three months) ”,

(d)after sub-paragraph (3) there is inserted—

(4)A magistrates’ court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of two years (or, for an offender aged under 16 on conviction, three months) from the date of the original order.

(5)For the purposes of this paragraph the eligible persons are—

(a)the offender;

(b)the responsible officer; and

(c)in relation to an exclusion order, a community rehabilitation order or a community punishment and rehabilitation order, any affected person.

But an application under sub-paragraph (1) above by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement.

(6)Without prejudice to the provisions of paragraph 18 above, a magistrates’ court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order).

(e)for the cross-heading preceding paragraph 19 there is substituted “ Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order. ”

(22)For the cross-heading preceding paragraph 20 there is substituted “ Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner ”.

(23)For the cross-heading preceding paragraph 22 there is substituted “ Extension of community punishment or community punishment and rehabilitation order ”.

(24)In paragraph 24(2), after “requirement, or” there is inserted “ to an order under paragraph 18 above ”.

(25)In paragraph 25—

(a)in sub-paragraph (1)(a), after “substituting” there is inserted “ , by virtue of paragraph 18 above, ”,

(b)sub-paragraph (2) is omitted,

(c)in sub-paragraph (3), “or (2)” is omitted.

(26)After paragraph 25 there is inserted—

26(1)On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the proper officer of the court shall (subject to sub-paragraph (3) below) forthwith give copies of the amending order to the responsible officer.

(2)In sub-paragraph (1) above, “proper officer” means—

(a)in relation to a magistrates’ court, the justices’ chief executive for the court; and

(b)in relation to the Crown Court, the appropriate officer.

(3)Where—

(a)a magistrates’ court amends a drug treatment and testing order under this Part of this Schedule; and

(b)the amending order provides for a magistrates’ court other than that mentioned in paragraph (a) above to be responsible for the order;

the court amending the order shall not give copies of the amending order as mentioned in sub-paragraph (1) above but shall send copies to the court responsible for the order and the justices’ chief executive for that court shall forthwith give copies of the amending order to the responsible officer.

(4)A responsible officer to whom in accordance with sub-paragraph (1) or (3) above copies of an order are given shall give a copy to the offender and to the treatment provider.

(27)For the heading to the Schedule there is substituted “ Breach, revocation and amendment of certain community orders ”.

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Commencement Information

I16Sch. 7 para. 199 partly in force; Sch. 7 para. 199 not in force at Royal Assent see s. 80; Sch. 7 para. 199; Sch. 7 para. 199(1)(3)(4)(14)-(18)(20)(22)(23)(27) in force at 1.4.2001 by S.I. 2001/919, art. 2(f)(iv); Sch. 7 para. 199(2)(b)(5)(10)(21)(a)(iii)(e) in force for specified purposes at 1.4.2001 by S.I. 2001/919, art. 2(f)(iv); Sch. 7 para. 199(2)(c)(6)(11)(b)(i)(13)(21)(c)(24)(25)(a) in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(viii); Sch. 7 para. 199(2)(a)(b)(5)(21)(b)(d) in force for specified purposes at 20.6.2001 and in force for other specified purposes at 2.7.2001 by S.I. 2001/2232, art. 2(m)(viii)

200(1)Schedule 4 (transfer of certain community orders to Scotland or Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In paragraphs 1(3) and 2(3)—

(a)in paragraph (c), for “probation committee” there is substituted “ local probation board ”,

(b)in paragraph (d), for “probation centre” there is substituted “ community rehabilitation centre ”.

(3)In paragraph 6—

(a)in sub-paragraph (8), for the definition of “corresponding order” there is substituted—

“corresponding order”—

(a)in relation to a community rehabilitation order, means a probation order;

(b)in relation to a community punishment order, means a community service order; and

(c)in relation to a community punishment and rehabilitation order—

(i)if the offender resides in Scotland, or will be residing there at the relevant time, means a probation order including such a requirement as is mentioned in section 229(4) of the M25Criminal Procedure (Scotland) Act 1995; and

(ii)if he resides in Northern Ireland, or will be residing there at the relevant time, means a combination order;,

(b)for the cross-heading preceding paragraph 6 there is substituted “ Community rehabilitation, community punishment and community punishment and rehabilitation orders: general provisions ”.

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Marginal Citations

201(1)Schedule 7 (breach, revocation and amendment of supervision orders) is amended as follows.E+W

(2)In paragraph 3—

(a)in sub-paragraph (2)(b), for “sections 38” there is substituted “ sections 36B ”,

(b)in sub-paragraph (5)(a), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(3)In paragraph 7(7)—

(a)paragraph (a) is omitted,

(b)in paragraph (b), “if the justice or youth court has not been so notified” is omitted.

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

Commencement Information

I17Sch. 7 para. 201 partly in force; Sch. 7 para. 201 not in force at Royal Assent see s. 80; Sch. 7 para. 201(1)(2)(a) in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(ix)

202(1)Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.E+W

(2)In paragraph 3—

(a)in sub-paragraph (2)(b), for “sections 38” there is substituted “ sections 36B ”,

(b)in sub-paragraph (5)(a), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(3)In paragraph 6(7)—

(a)paragraph (a) is omitted,

(b)in paragraph (b), “if it has not been so notified” is omitted.

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

Commencement Information

I18Sch. 7 para. 202 partly in force; Sch. 7 para. 202 not in force at Royal Assent see s. 80; Sch. 7 para. 202(1)(2)(a) in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(x)

203(1)Schedule 9 (consequential amendments) is amended as follows.E+W+S+N.I.

(2)Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156 and 166(3) are omitted.

(3)Paragraphs 182 and 188 are omitted.

(4)Sub-paragraph (3) has effect in relation to sentences passed after the coming into force of section 60.

(5)In paragraph 183, sub-paragraph (2)(b) and the preceding “and”, and sub-paragraphs (3)(b) and (3)(c), are omitted.

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

Commencement Information

I19Sch. 7 para. 203 partly in force; Sch. 7 para. 203(3)(4) in force at Royal Assent see s. 80(3)(d); Sch. 7 para. 203(1) in force and Sch. 7 para. 203(2) in force for specified purposes at 1.4.2001 by S.I. 2001/919, art. 2(f)(v)(vi)

Prospective

204In Schedule 10 (transitory modifications), in paragraph 12(2)—E+W+S+N.I.

(a)in paragraph (c), for “each of sub-paragraphs (1) and (2)” there is substituted “ sub-paragraph (1) ”,

(b)the “and” preceding paragraph (d) is omitted and after that paragraph there is inserted—

(e)in sub-paragraph (2)(a) of paragraph 26, for the words “justices’ chief executive for the court” there were substituted “clerk to the court”; and

(f)in sub-paragraph (3) of that paragraph, for the words “justices’ chief executive for that court” there were substituted “clerk to that court”.

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W+S+N.I.

205The Child Support, Pensions and Social Security Act 2000 is amended as follows.E+W+S+N.I.

206In section 62 (loss of benefit for breach of community order)—E+W+S+N.I.

(a)in subsection (8), in the definition of “relevant community order”, for paragraphs (a) to (c) there is substituted—

(a)a community punishment order;

(b)a community rehabilitation order;

(c)a community punishment and rehabilitation order;

(b)for subsection (11)(c)(ii) there is substituted—

(ii)in the definition of “relevant community order”, for paragraphs (a) to (e) substitute—

“(a)a community service order;

(b)a probation order;

(c)such other description of order made under the M26Criminal Procedure (Scotland) Act 1995 as may be prescribed for the purposes of this section; or

(d)any order falling in Scotland to be treated as an order specified in paragraphs (a) to (c) ”.

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

Marginal Citations

207In section 64 (information provision)—E+W+S+N.I.

(a)in subsection (2), for “Chief Probation Officer for any area in England and Wales” there is substituted “ chief officer of a local probation board ”,

(b)in subsections (2)(a) and (7)(c), for “a person employed or appointed by a probation committee” there is substituted “ an officer of a local probation board ”,

(c)at the end of subsection (10) there is inserted “ and “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.

Learning and Skills Act 2000 (c. 21)E+W+S+N.I.

208The Learning and Skills Act 2000 is amended as follows.E+W+S+N.I.

209In sections 115(1)(e) (consultation and coordination) and 120(2)(e) (information: supply by public bodies), for “probation committee” there is substituted “ local probation board ”.E+W+S+N.I.

210In section 121(1) (supplementary), after the definition of “local authority” there is inserted—E+W+S+N.I.

local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000,

and the definition of “probation committee” is omitted.

Prospective

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

211In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.E+W+S+N.I.

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