Search Legislation

Criminal Justice Act 2003

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

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 :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

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

 Help about changes and effects
Close

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 Act 2003

 Help about changes and effects
Close

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 legislation that affects this Act into force:

SCHEDULES

Section 12

SCHEDULE 1E+WAmendments related to Part 1

The 1984 ActE+W

1The 1984 Act is amended as follows.E+W

2In section 18 (entry and search after arrest), for subsection (5) there is substituted—E+W

(5)A constable may conduct a search under subsection (1)—

(a)before the person is taken to a police station or released on bail under section 30A, and

(b)without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

3In section 21 (access and copying), at the end there is inserted—E+W

(9)The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.

4In section 22 (retention), at the end there is inserted—E+W

(7)The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.

5In section 34 (limitation on police detention), for subsection (7) there is substituted—E+W

(7)For the purposes of this Part a person who—

(a)attends a police station to answer to bail granted under section 30A,

(b)returns to a police station to answer to bail granted under this Part, or

(c)is arrested under section 30D or 46A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.

6In section 35(1) (designated police stations), for “section 30(3) and (5) above” there is substituted “ sections 30(3) and (5), 30A(5) and 30D(2) ”.E+W

7In section 36 (custody officers at police stations), after subsection (7) there is inserted—E+W

(7A)Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

(7B)Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.

8In section 41(2) (calculation of periods of time), after paragraph (c) there is inserted—E+W

(ca)in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;.

9In section 45A(2)(a) (functions which may be performed by video-conferencing), after “taken to” there is inserted “ , or answering to bail at, ”.E+W

10In section 47 (bail after arrest)—E+W

(a)in subsection (6), after “granted bail” there is inserted “ under this Part ”, and

(b)in subsection (7), after “released on bail” there is inserted “ under this Part ”.

Criminal Justice Act 1987 (c. 38)E+W

11In section 2 of the Criminal Justice Act 1987 (director’s investigation powers), after subsection (6) there is inserted—E+W

(6A)Where an appropriate person accompanies a constable, he may exercise the powers conferred by subsection (5) but only in the company, and under the supervision, of the constable.

12In subsection (7) of that section (meaning of appropriate person), for “subsection (6) above” there is substituted “ this section ”.E+W

13In subsection (8D) of that section (references to evidence obtained by Director), after “by a constable” there is inserted “ or by an appropriate person ”.E+W

Criminal Justice and Police Act 2001 (c. 16)E+W

14In section 56 of the Criminal Justice and Police Act 2001 (property seized by constables etc.), after subsection (4) there is inserted—E+W

(4A)Subsection (1)(a) includes property seized on any premises—

(a)by a person authorised under section 16(2) of the 1984 Act to accompany a constable executing a warrant, or

(b)by a person accompanying a constable under section 2(6) of the Criminal Justice Act 1987 in the execution of a warrant under section 2(4) of that Act.

Armed Forces Act 2001 (c. 19)E+W

15F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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. 1 para. 15 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Police Reform Act 2002 (c. 30)E+W

16Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) is amended as follows.E+W

17In paragraph 17 (access to excluded and special procedure material) after paragraph (b) there is inserted—E+W

(bb)section 15 of that Act (safeguards) shall have effect in relation to the issue of any warrant under paragraph 12 of that Schedule to that person as it has effect in relation to the issue of a warrant under that paragraph to a constable;

(bc)section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 12 of that Schedule (whether to that person or to any other person) in respect of premises in the relevant police area as if references in that section to a constable included references to that person;.

18In paragraph 20 (access and copying in case of things seized by constables) after “by a constable” there is inserted “ or by a person authorised to accompany him under section 16(2) of that Act ”.E+W

19After paragraph 24 (extended powers of seizure) there is inserted—E+W

24APersons accompanying investigating officers

(1)This paragraph applies where a person (“an authorised person”) is authorised by virtue of section 16(2) of the 1984 Act to accompany an investigating officer designated for the purposes of paragraph 16 (or 17) in the execution of a warrant.

(2)The reference in paragraph 16(h) (or 17(e)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.

(3)In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be read as if it provided for the references to a constable and to an officer in section 21(1) and (2) of the 1984 Act to include references to the authorised person.

(4)The reference in paragraph 16(i) (or 17(f)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.

(5)In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is to be read as if it provided for—

(a)the references to the supervision of a constable in subsections (3) and (4) of section 21 of the 1984 Act to include references to the supervision of a person designated for the purposes of paragraph 16 (or paragraph 17), and

(b)the reference to a constable in subsection (5) of that section to include a reference to such a person or an authorised person accompanying him.

(6)Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 24, the references in sub-paragraphs (a) and (b) of that paragraph to the designated person include references to the authorised person.

20In paragraph 34 (powers of escort officer to take arrested person to prison), in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted “ subsection (1A) of section 30 ”.E+W

Section 28

SCHEDULE 2E+WCharging or release of persons in police detention

1The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.E+W

2(1)Section 37 (duties of custody officers before charge) is amended as follows.E+W

(2)In subsection (7) for paragraphs (a) and (b) there is substituted—

(a)shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,

(b)shall be released without charge and on bail but not for that purpose,

(c)shall be released without charge and without bail, or

(d)shall be charged.

(3)After that subsection there is inserted—

(7A)The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B)Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below.

(4)In subsection (8)(a) after “(7)(b)” there is inserted “ or (c) ”.

3After that section there is inserted—E+W

37AGuidance

(1)The Director of Public Prosecutions may issue guidance—

(a)for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and

(b)as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2)The Director of Public Prosecutions may from time to time revise guidance issued under this section.

(3)Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) below.

(4)A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

(5)The Director of Public Prosecutions must publish in such manner as he thinks fit—

(a)any guidance issued under this section, and

(b)any revisions made to such guidance.

(6)Guidance under this section may make different provision for different cases, circumstances or areas.

37BConsultation with the Director of Public Prosecutions

(1)Where a person is released on bail under section 37(7)(a) above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.

(2)The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.

(3)If he decides that there is sufficient evidence to charge the person with an offence, he shall decide—

(a)whether or not the person should be charged and, if so, the offence with which he should be charged, and

(b)whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution.

(4)The Director of Public Prosecutions shall give written notice of his decision to an officer involved in the investigation of the offence.

(5)If his decision is—

(a)that there is not sufficient evidence to charge the person with an offence, or

(b)that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence,

a custody officer shall give the person notice in writing that he is not to be prosecuted.

(6)If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.

(7)But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution, he shall instead be charged with the offence.

(8)For the purposes of this section, a person is to be charged with an offence either—

(a)when he is in police detention after returning to a police station to answer bail or is otherwise in police detention at a police station, or

(b)in accordance with section 29 of the Criminal Justice Act 2003.

(9)In this section “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003, and

(b)a warning or reprimand under section 65 of the Crime and Disorder Act 1998.

37CBreach of bail following release under section 37(7)(a)

(1)This section applies where—

(a)a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and

(b)at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given.

(2)The person arrested—

(a)shall be charged, or

(b)shall be released without charge, either on bail or without bail.

(3)The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4)A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.

37DRelease under section 37(7)(a): further provision

(1)Where a person is released on bail under section 37(7)(a) or section 37C(2)(b) above, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

(2)The custody officer shall give the person notice in writing of the exercise of the power under subsection (1).

(3)The exercise of the power under subsection (1) shall not affect the conditions (if any) to which bail is subject.

(4)Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under subsection (1) above to be exercised.

(5)If the person is not in a fit state to enable him to be so dealt with or to enable that power to be exercised, he may be kept in police detention until he is.

(6)Where a person is kept in police detention by virtue of subsection (4) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section 37(7)(a) or 37C(2)(b) above.

Annotations: Help about Annotation
Close

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. 2 para. 3 wholly in force at 1.10.2007; Sch. 2 para. 3 not in force at Royal Assent, see s. 336(3); Sch. 2 para. 3 in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4; Sch. 2 para. 3 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2 and Sch. 2 para. 3 in force for certain further purposes at 1.10.2007 by S.I. 2007/2874, art. 2(1)(3)

4In section 40 (review of police detention) in subsection (9) after “37(9)” there is inserted “ or 37D(5) ”.E+W

5In section 46A (power of arrest for failure to answer police bail) after subsection (1) insert—E+W

(1A)A person who has been released on bail under section 37(7)(a) or 37C(2)(b) above may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

6(1)Section 47 (bail after arrest) is amended as follows.E+W

(2)In subsection (1) (release on bail under Part 4 shall be release on bail granted in accordance with certain provisions of the Bail Act 1976) for “Subject to subsection (2) below” there is substituted “ Subject to the following provisions of this section ”.

(3)In subsection (1A) (bail conditions may be imposed when a person is released under section 38(1)) after “section”, in the first place where it occurs, there is inserted “ 37(7)(a) above or section ”.

(4)After that subsection there is inserted—

(1B)No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section 37(7)(a) or 37C(2)(b) above.

(1C)Subsections (1D) to (1F) below apply where a person released on bail under section 37(7)(a) or 37C(2)(b) above is on bail subject to conditions.

(1D)The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.

(1E) A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.

(1F)Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.

Section 41

SCHEDULE 3E+W+S+N.I.Allocation of cases triable either way, and sending cases to the Crown Court etc

Part 1 E+W+S+N.I.Principal amendments

Prospective

Magistrates' Courts Act 1980 (c. 43)E+W+S

1The Magistrates' Courts Act 1980 is amended as follows.E+W

2(1)Section 17A (initial indication as to plea) is amended as follows.E+W+S

(2)For paragraph (b) of subsection (4) there is substituted—

(b)he may (unless section 17D(2) below were to apply) be committed [F2for sentence] to the Crown Court under section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.

(3)After subsection (9) there is inserted—

(10)If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act.

Annotations: Help about Annotation
Close

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)

3After section 17C there is inserted—E+W

17DMaximum penalty under section 17A(6) or 17B(2)(c) for certain offences

(1)If—

(a)the offence is a scheduled offence (as defined in section 22(1) below);

(b)the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and

(c)the court convicts the accused of the offence,

the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below).

(2)If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum—

(a)subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and

(b)sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence.

(3)Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section).

(4)Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).

17EFunctions under sections 17A to 17D capable of exercise by single justice

(1)The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice.

(2)Subsection (1) above shall not be taken as authorising—

(a)the summary trial of an information (otherwise than in accordance with section 17A(6) or 17B(2)(c) above); or

(b)the imposition of a sentence,

by a magistrates' court composed of fewer than two justices.

4In section 18 (initial procedure on information against adult for offence triable either way), for subsection (5) there is substituted—E+W

(5)The functions of a magistrates' court under sections 19 to 23 below may be discharged by a single justice, but this subsection shall not be taken as authorising—

(a)the summary trial of an information (otherwise than in accordance with section 20(7) below); or

(b)the imposition of a sentence,

by a magistrates' court composed of fewer than two justices.

5For section 19 (court to begin by considering which mode of trial appears more suitable) there is substituted—E+W

19Decision as to allocation

(1)The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.

(2)Before making a decision under this section, the court—

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

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

(3)In making a decision under this section, the court shall consider—

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

(b)any representations made by the prosecution or the accused under subsection (2)(b) above,

and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.

(4)Where—

(a)the accused is charged with two or more offences; and

(b)it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances,

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

(5)In this section any reference to a previous conviction is a reference to—

(a)a previous conviction by a court in the United Kingdom; or

(b)a previous finding of guilt in—

(i)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

(ii)any proceedings before a Standing Civilian Court.

(6)If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.

6For section 20 (procedure where summary trial appears more suitable) there is substituted—E+W

20Procedure where summary trial appears more suitable

(1)If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below).

(2)The court shall explain to the accused in ordinary language—

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

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

[F3(c)that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.]

(3)The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty.

(4)If the accused requests an indication of sentence, the court may, but need not, give such an indication.

(5)If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above.

(6)If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.

(7)If the accused indicates that he would plead guilty the court shall proceed as if—

(a)the proceedings constituted from that time the summary trial of the information; and

(b)section 9(1) above were complied with and he pleaded guilty under it.

(8)Subsection (9) below applies where—

(a)the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one);

(b)the accused either—

(i)does not indicate, in accordance with subsection (5) above, that he wishes; or

(ii)indicates, in accordance with subsection (5) above, that he does not wish,

to reconsider the indication of plea under section 17A or 17B above; or

(c)the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty.

(9)The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and—

(a)if he consents to be tried summarily, shall proceed to the summary trial of the information; and

(b)if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

20AProcedure where summary trial appears more suitable: supplementary

(1)Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above.

(2)Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000.

(3)Except as provided in subsection (1) above—

(a)an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and

(b)no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence.

(4)Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea—

(a)asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or

(b)an indication by the accused under that section of how he would plead.

(5)Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register.

(6)In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly.

Annotations: Help about Annotation
Close

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)

F3Sch. 3 para. 6: By Criminal Justice and Immigration Act 2008 (c. 4), ss. 53, 153(1)(a), Sch. 13 para. 3 it is provided (8.5.2008) that in para. 6 subsection (2)(c) of "the section set out in that paragraph" shall be substituted.

7For section 21 (procedure where trial on indictment appears more suitable) there is substituted—E+W

21Procedure where trial on indictment appears more suitable

If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried on indictment, and shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

8(1)Section 23 (power of court, with consent of legally represented accused, to proceed in his absence) is amended as follows.E+W

(2)In subsection (4)—

(a)for the words preceding paragraph (a) there is substituted “ If the court decides under section 19 above that the offence appears to it more suitable for [F4summary trial] then— ”, and

(b)in paragraph (b), for the words from “to inquire” to the end there is substituted “ in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. ”.

(3)For subsection (5) there is substituted—

(5)If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

Annotations: Help about Annotation
Close

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)

9(1)Section 24 (summary trial of information against child or young persons for indictable offence), as amended by section 42 of this Act, is amended as follows.E+W

(2)For subsection (1) there is substituted—

(1)Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily.

(3)Subsections (1A) [F5, (1B)] and (2) are omitted.

[F6(4)In subsection (3) for “the said Act of 2000” substitute the Powers of Criminal Courts (Sentencing) Act 2000.]

Annotations: Help about Annotation
Close

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)

10After section 24 there is inserted—E+W

24AChild or young person to indicate intention as to plea in certain cases

(1)This section applies where—

(a)a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998 (“the 1998 Act”); and

(b)but for the application of the following provisions of this section, the court would be required at that stage, by virtue of section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act to determine, in relation to the offence, whether to send the person to the Crown Court for trial (or to determine any matter, the effect of which would be to determine whether he is sent to the Crown Court for trial).

(2)Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section.

(3)Everything that the court is required to do under the following provisions of this section must be done with the accused person in court.

(4)The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.

(5)The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty—

(a)the court must proceed as mentioned in subsection (7) below; and

(b)(in cases where the offence is one mentioned in section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000) he may be sent to the Crown Court for sentencing under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section.

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

(7)If the accused indicates that he would plead guilty, the court shall proceed as if—

(a)the proceedings constituted from the beginning the summary trial of the information; and

(b)section 9(1) above was complied with and he pleaded guilty under it,

and, accordingly, the court shall not (and shall not be required to) proceed to make the relevant determination or to proceed further under section 51 or (as the case may be) section 51A of the 1998 Act in relation to the offence.

(8)If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply.

(9)If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty.

(10)Subject to subsection (7) above, the following shall not for any purpose be taken to constitute the taking of a plea—

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

(b)an indication by the accused under this section of how he would plead.

24BIntention as to plea by child or young person: absence of accused

(1)This section shall have effect where—

(a)a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998;

(b)but for the application of the following provisions of this section, the court would be required at that stage to make one of the determinations referred to in paragraph (b) of section 24A(1) above (“the relevant determination”);

(c)the accused is represented by a legal representative;

(d)the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 24A above to be conducted in his presence; and

(e)the court considers that it should proceed in the absence of the accused.

(2)In such a case—

(a)the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;

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

(c)if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;

(d)if the representative indicates that the accused would plead not guilty the court shall proceed to make the relevant determination and this section shall cease to apply.

(3)If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty.

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

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

(b)an indication by the representative under this section of how the accused would plead.

24CIntention as to plea by child or young person: adjournment

(1)A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused.

(2)Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.

24DFunctions under sections 24A to 24C capable of exercise by single justice

(1)The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice.

(2)Subsection (1) above shall not be taken as authorising—

(a)the summary trial of an information (other than a summary trial by virtue of section 24A(7) or 24B(2)(c) above); or

(b)the imposition of a sentence,

by a magistrates' court composed of fewer than two justices.

11(1)Section 25 (power to change from summary trial to committal proceedings and vice versa), as amended by section 42 of this Act, is amended as follows.E+W

(2)In subsection (1), for “(2) to (4)” there is substituted “ (2) to (2D) ”.

(3)For subsection (2) there is substituted—

(2)Where the court is required under section 20(9) above to proceed to the summary trial of the information, the prosecution may apply to the court for the offence to be tried on indictment instead.

(2A)An application under subsection (2) above—

(a)must be made before the summary trial begins; and

(b)must be dealt with by the court before any other application or issue in relation to the summary trial is dealt with.

(2B)The court may grant an application under subsection (2) above but only if it is satisfied that the sentence which a magistrates' court would have power to impose for the offence would be inadequate.

(2C)Where—

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

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

subsection (2B) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together.

(2D)Where the court grants an application under subsection (2) above, it shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

(4)Subsections (3) to (8) are omitted.

12For subsections (1) and (2) of section 26 (power to issue summons to accused in certain circumstances) there is substituted—E+W

(1)Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good reason for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.

(2)In a case within subsection (1) above, if the accused is not present at the time and place appointed for the proceedings under section 19 or section 22(1) above, the court may issue a warrant for his arrest.

13F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

14Section 42 (restriction on justices sitting after dealing with bail) shall cease to have effect.E+W

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

Prospective

15The Crime and Disorder Act 1998 is amended as follows.E+W

Prospective

16In section 50 (early administrative hearings), in subsection (1) (court may consist of single justice unless accused falls to be dealt with under section 51), the words “unless the accused falls to be dealt with under section 51 below” are omitted.E+W

Prospective

17After section 50 there is inserted—E+W

50AOrder of consideration for either-way offences

(1)Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section.

(2)If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below.

(3)Otherwise—

(a)if the adult (or another adult with whom the adult is charged jointly with the relevant offence) is or has been sent to the Crown Court for trial for an offence under section 51(2)(a) or 51(2)(c) below—

(i)the court shall first consider the relevant offence under subsection (3), (4), (5) or, as the case may be, (6) of section 51 below and, where applicable, deal with it under that subsection;

(ii)if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of sub-paragraph (i) above, the court shall then proceed to deal with the relevant offence in accordance with sections 17A to 23 of the 1980 Act;

(b)in all other cases—

(i)the court shall first consider the relevant offence under sections 17A to 20 (excluding subsections (8) and (9) of section 20) of the 1980 Act;

(ii)if, by virtue of sub-paragraph (i) above, the court would be required to proceed in relation to the offence as mentioned in section 17A(6), 17B(2)(c) or 20(7) of that Act (indication of guilty plea), it shall proceed as so required (and, accordingly, shall not consider the offence under section 51 or 51A below);

(iii)if sub-paragraph (ii) above does not apply—

(a)the court shall consider the relevant offence under sections 51 and 51A below and, where applicable, deal with it under the relevant section;

(b)if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of paragraph (a) of this sub-paragraph, the court shall then proceed to deal with the relevant offence as contemplated by section 20(9) or, as the case may be, section 21 of the 1980 Act.

(4)Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small).

(5)Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence.

18For section 51 (no committal proceedings for indictable-only offences) there is substituted—E+W

51Sending cases to the Crown Court: adults

(1)Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

(2)Those conditions are—

(a)that the offence is an offence triable only on indictment other than one in respect of which notice has been given under section 51B or 51C below;

(b)that the offence is an either-way offence and the court is required under section 20(9)(b), 21, 23(4)(b) or (5) or 25(2D) of the Magistrates' Courts Act 1980 to proceed in relation to the offence in accordance with subsection (1) above;

(c)that notice is given to the court under section 51B or 51C below in respect of the offence.

(3)Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

(a)(if it is an either-way offence) appears to the court to be related to the offence mentioned in subsection (1) above; or

(b)(if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (1) above or to the either-way offence, and which fulfils the requisite condition (as defined in subsection (11) below).

(4)Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which—

(a)appears to the court to be related to the offence mentioned in subsection (1) above; and

(b)(in the case of a summary offence) fulfils the requisite condition,

the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.

(5)Where—

(a)the court sends an adult (“A”) for trial under subsection (1) or (3) above;

(b)another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an either-way offence; and

(c)that offence appears to the court to be related to an offence for which A was sent for trial under subsection (1) or (3) above,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.

(6)Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

(a)(if it is an either-way offence) appears to the court to be related to the offence for which he is sent for trial; and

(b)(if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the either-way offence, and which fulfils the requisite condition.

(7)Where—

(a)the court sends an adult (“A”) for trial under subsection (1), (3) or (5) above; and

(b)a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an indictable offence for which A is sent for trial under subsection (1), (3) or (5) above, or an indictable offence which appears to the court to be related to that offence,

the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.

(8)Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

(a)(if it is an indictable offence) appears to the court to be related to the offence for which he is sent for trial; and

(b)(if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the indictable offence, and which fulfils the requisite condition.

(9)Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily).

(10)The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

(11)A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(12)In the case of an adult charged with an offence—

(a)if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below;

(b)subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under—

(i)subsection (5) above; or

(ii)subsection (6) of section 51A below,

the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below.

(13)The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

51ASending cases to the Crown Court: children and young persons

(1)This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily).

(2)Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

(3)Those conditions are—

(a)that the offence falls within subsection (12) below;

(b)that the offence is such as is mentioned in subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section;

(c)that notice is given to the court under section 51B or 51C below in respect of the offence;

(d)that the offence is a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003) and it appears to the court that if he is found guilty of the offence the criteria for the imposition of a sentence under section 226(3) or 228(2) of that Act would be met.

(4)Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

(a)(if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or

(b)(if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below).

(5)Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which—

(a)appears to the court to be related to the offence mentioned in subsection (2) above; and

(b)(in the case of a summary offence) fulfils the requisite condition,

the court may send him forthwith to the Crown Court for trial for the indictable or summary offence.

(6)Where—

(a)the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and

(b)an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence.

(7)Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

(a)(if it is an either-way offence) appears to the court to be related to the offence for which he was sent for trial; and

(b)(if it is a summary offence) appears to the court to be related to the offence for which he was sent for trial or to the either-way offence, and which fulfils the requisite condition.

(8)The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

(9)A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(10)In the case of a child or young person charged with an offence—

(a)if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above;

(b)subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above.

(11)The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

(12)An offence falls within this subsection if—

(a)it is an offence of homicide; or

(b)each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i)the offence; and

(ii)the person charged with it,

if he were convicted of the offence.

51BNotices in serious or complex fraud cases

(1)A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged—

(a)is sufficient for the person charged to be put on trial for the offence; and

(b)reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.

(2)That opinion must be certified by the designated authority in the notice.

(3)The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below.

(4)A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought.

(5)Such a notice must be given to the magistrates' court before any summary trial begins.

(6)The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except—

(a)for the purposes of section 51D below;

(b)as provided by paragraph 2 of Schedule 3 to the Access to Justice Act 1999; and

(c)as provided by section 52 below.

(7)The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority.

(8)A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

(9)In this section “designated authority” means—

(a)the Director of Public Prosecutions;

(b)the Director of the Serious Fraud Office;

(c)the Commissioners of the Inland Revenue;

(d)the Commissioners of Customs and Excise; or

(e)the Secretary of State.

51CNotices in certain cases involving children

(1)A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—

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

(b)that a child would be called as a witness at the trial; and

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

(2)That opinion must be certified by the Director of Public Prosecutions in the notice.

(3)This subsection applies to an offence—

(a)which involves an assault on, or injury or a threat of injury to, a person;

(b)under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);

(c)under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;

(d)of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;

(e)which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b), (c) or (d) above.

(4)Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.

(5)The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.

(6)A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

(7)In this section “child” means—

(a)a person who is under the age of 17; or

(b)any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.

51DNotice of offence and place of trial

(1)The court shall specify in a notice—

(a)the offence or offences for which a person is sent for trial under section 51 or 51A above; and

(b)the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice).

(2)A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

(3)In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—

(a)the subsection under which the person is so sent; and

(b)if applicable, the offence to which that offence appears to the court to be related.

(4)Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to—

(a)the convenience of the defence, the prosecution and the witnesses;

(b)the desirability of expediting the trial; and

(c)any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981.

51EInterpretation of sections 50A to 51D

For the purposes of sections 50A to 51D above—

(a)adult” means a person aged 18 or over, and references to an adult include a corporation;

(b)either-way offence” means an offence triable either way;

(c)an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence;

(d)a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence.

Annotations: Help about Annotation
Close

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. 3 para. 18 partly in force; Sch. 3 para. 18 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 18 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 29 (subject to art. 2(2), Sch. 2)

Prospective

19(1)After section 52 there is inserted—E+W+S+N.I.

52ARestrictions on reporting

(1)Except as provided by this section, it shall not be lawful—

(a)to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or

(b)to include in a relevant programme for reception in the United Kingdom a report of any such proceedings,

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

(2)Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings.

(3)Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

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

(5)An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below.

(6)It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below—

(a)where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required;

(b)where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried.

(7)The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above—

(a)the identity of the court and the name of the justice or justices;

(b)the name, age, home address and occupation of the accused;

(c)in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information;

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

(e)the names of counsel and solicitors engaged in the proceedings;

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

(g)the arrangements as to bail;

(h)whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

(8)The addresses that may be published or included in a relevant programme under subsection (7) above are addresses—

(a)at any relevant time; and

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

(9)The following is relevant business information for the purposes of subsection (7) above—

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

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

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

(d)the address of any such firm;

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

(f)the address of the registered or principal office of any such company;

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

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

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

(11)In this section—

  • allocation or sending proceedings” means, in relation to an information charging an indictable offence—

    (a)

    any proceedings in the magistrates' court at which matters are considered under any of the following provisions—

    (i)

    sections 19 to 23 of the 1980 Act;

    (ii)

    section 51, 51A or 52 above;

    (b)

    any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; and

    (c)

    any proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered;

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

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

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

52BOffences in connection with reporting

(1)If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence—

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

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

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

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

(4)Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

(5)Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section..

(2)In section 121 (short title, commencement and extent)—

(a)in subsection (6), after paragraph (b) there is inserted—

(bb)sections 52A and 52B;, and

(b)in subsection (8), after “(5) above,” there is inserted “ sections 52A and 52B above, ”.

Prospective

20(1)Schedule 3 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) is amended as follows.E+W

(2)In paragraph 1(1)—

(a)after “51” there is inserted “ or 51A ”, and

(b)in paragraph (b), for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”.

(3)In paragraph 2—

(a)in sub-paragraph (1)—

(i)after “51” there is inserted “ or 51A ”, and

(ii)for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”, and

(b)sub-paragraphs (4) and (5) are omitted.

(4)In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”.

(5)In paragraph 5, in sub-paragraph (2), after “51” there is inserted “ or 51A ”.

(6)Paragraph 6 is amended as follows—

(a)in sub-paragraph (1), after “51” there is inserted “ or 51A ”,

(b)in sub-paragraph (2), for the words from the second “offence” to the end there is substituted “ indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent ”, and

(c)in sub-paragraph (9), for “indictable-only” there is substituted “ indictable ”.

(7)In paragraph 7—

(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,

(c)in sub-paragraph (3), after “each” there is inserted “ remaining ”,

(d)in sub-paragraph (7), for “consider” there is substituted “ decide ”, and

(e)after sub-paragraph (8) there is inserted—

(9)In this paragraph, a “main offence” is—

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

(b)an offence—

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

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

(8)In paragraph 8—

(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence (within the meaning of paragraph 7 above) ”,

(c)in sub-paragraph (2)(a), after “each” there is inserted “ remaining ”, and

(d)in sub-paragraph (2)(d), for “consider” there is substituted “ decide ”.

(9)In paragraph 9—

(a)in sub-paragraph (1), for “consider” there is substituted “ decide ”, and

(b)for sub-paragraphs (2) and (3), there is substituted—

(2)Before deciding the question, the court—

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

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

(3)In deciding the question, the court shall consider—

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

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

and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003.

(4)Where—

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

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

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

(5)In this paragraph any reference to a previous conviction is a reference to—

(a)a previous conviction by a court in the United Kingdom, or

(b)a previous finding of guilt in—

(i)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or

(ii)any proceedings before a Standing Civilian Court.

(10)In paragraph 10—

(a)for sub-paragraph (2), there is substituted—

(2)The court shall explain to the accused in ordinary language—

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

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

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

(b)in sub-paragraph (3), for “by a jury” there is substituted “ on indictment ”.

(11)In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “ on indictment ”.

(12)Paragraph 12 shall cease to have effect.

(13)In paragraph 13—

(a)in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”,

(b)in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”,

(c)in sub-paragraph (2), the words from “unless” to the end are omitted, and

(d)for sub-paragraph (3) there is substituted—

(3)In this paragraph, a “main offence” is—

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

(b)an offence—

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

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

(14)In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” there is substituted “ decided ”.

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

Prospective

21The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W

Prospective

22F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

[F922A(1)Section 3 (committal for sentence on summary trial of offence triable either way) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a) for the words from “greater punishment” to the end of the paragraph substitute the Crown Court should, in the court's opinion, have the power to deal with the offender in any way it could deal with him if he had been convicted on indictment, and

(b)omit paragraph (b) (and the word “or” immediately preceding it).

(3)In subsection (4), after “section” insert 17D or.

(4)In subsection (5), in paragraph (b) omit the words “paragraph (b) and”.]

Annotations: Help about Annotation
Close

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)

23After section 3 there is inserted—E+W

3ACommittal for sentence of dangerous adult offenders

(1)This section applies where on the summary trial of a specified offence triable either way a person aged 18 or over is convicted of the offence.

(2)If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 225(3) or 227(2) of the Criminal Justice Act 2003 would be met, the court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5(1) below.

(3)Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(4)In reaching any decision under or taking any step contemplated by this section—

(a)the court shall not be bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable); and

(b)nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence.

(5)Nothing in this section shall prevent the court from committing [F10an offender convicted of a specified offence] to the Crown Court for sentence under section 3 above if the provisions of that section are satisfied.

(6)In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003.

3BCommittal for sentence on indication of guilty plea by child or young person

(1)This section applies where—

(a)a person aged under 18 appears or is brought before a magistrates' court (“the court”) on an information charging him with an offence mentioned in subsection (1) of section 91 below (“the offence”);

(b)he or his representative indicates under section 24A or (as the case may be) 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that he would plead guilty if the offence were to proceed to trial; and

(c)proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2)If the court is of the opinion that—

(a)the offence; or

(b)the combination of the offence and one or more offences associated with it,

was such that the Crown Court should, in the court’s opinion, have power to deal with the offender as if the provisions of section 91(3) below applied, the court may commit him in custody or on bail to the Crown Court for sentence in accordance with section 5A(1) below.

(3)Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

3CCommittal for sentence of dangerous young offenders

(1)This section applies where on the summary trial of a specified offence a person aged under 18 is convicted of the offence.

(2)If, in relation to the offence, it appears to the court that the criteria for the imposition of a sentence under section 226(3) or 228(2) of the Criminal Justice Act 2003 would be met, the court must commit the offender in custody or on bail to the Crown Court for sentence in accordance with section 5A(1) below.

(3)Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(4)Nothing in this section shall prevent the court from committing a specified offence to the Crown Court for sentence under section 3B above if the provisions of that section are satisfied.

(5)In this section, references to a specified offence are to a specified offence within the meaning of section 224 of the Criminal Justice Act 2003.

Annotations: Help about Annotation
Close

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)

Commencement Information

I3Sch. 3 para. 23 partly in force; Sch. 3 para. 23 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 23 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 29 (subject to art. 2(2), Sch. 2)

Prospective

24(1)Section 4 (committal for sentence on indication of guilty plea to offence triable either way) is amended as follows.E+W

(2)For subsection (1)(b), there is substituted—

(b)he or (where applicable) his representative indicates under section 17A, 17B or 20(7) of the Magistrates' Courts Act 1980 that he would plead guilty if the offence were to proceed to trial; and.

(3)In subsection (1)(c), for “the Magistrates' Courts Act 1980” there is substituted “ that Act ”.

(4)After subsection (1) there is inserted—

(1A)But this section does not apply to an offence as regards which this section is excluded by section 17D of that Act (certain offences where value involved is small).

[F11(4A)In subsection (2) for “committed” substitute sent.]

(5)For subsection (3), there is substituted—

(3)If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences—

(a)it shall adjourn the proceedings relating to the offence until after it has made those determinations; and

(b)if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(6)In subsection (4)(b), after “section 3(2)” there is inserted “ or, as the case may be, section 3A(2) ”.

(7)After subsection (7) there is inserted—

(8)In reaching any decision under or taking any step contemplated by this section—

(a)the court shall not be bound by any indication of sentence given in respect of the offence under section 20 of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable); and

(b)nothing the court does under this section may be challenged or be the subject of any appeal in any court on the ground that it is not consistent with an indication of sentence.

Annotations: Help about Annotation
Close

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)

Prospective

25After section 4 there is inserted—E+W

4ACommittal for sentence on indication of guilty plea by child or young person with related offences

(1)This section applies where—

(a)a person aged under 18 appears or brought before a magistrates' court (“the court”) on an information charging him with an offence mentioned in subsection (1) of section 91 below (“the offence”);

(b)he or his representative indicates under section 24A or (as the case may be) 24B of the Magistrates' Courts Act 1980 (child or young person to indicate intention as to plea in certain cases) that he would plead guilty if the offence were to proceed to trial; and

(c)proceeding as if section 9(1) of that Act were complied with and he pleaded guilty under it, the court convicts him of the offence.

(2)If the court has sent the offender to the Crown Court for trial for one or more related offences, that is to say one or more offences which, in its opinion, are related to the offence, it may commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with section 5A(1) below.

(3)If the power conferred by subsection (2) above is not exercisable but the court is still to determine to, or to determine whether to, send the offender to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 for one or more related offences—

(a)it shall adjourn the proceedings relating to the offence until after it has made those determinations; and

(b)if it sends the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.

(4)Where the court—

(a)under subsection (2) above commits the offender to the Crown Court to be dealt with in respect of the offence; and

(b)does not state that, in its opinion, it also has power so to commit him under section 3B(2) or, as the case may be, section 3C(2) above,

section 5A(1) below shall not apply unless he is convicted before the Crown Court of one or more of the related offences.

(5)Where section 5A(1) below does not apply, the Crown Court may deal with the offender in respect of the offence in any way in which the magistrates' court could deal with him if it had just convicted him of the offence.

(6)Where the court commits a person under subsection (2) above, section 6 below (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly.

(7)Section 4(7) above applies for the purposes of this section as it applies for the purposes of that section.

Prospective

26For section 5 (power of Crown Court on committal for sentence under sections 3 and 4) there is substituted—E+W

5Power of Crown Court on committal for sentence under sections 3, 3A and 4

(1)Where an offender is committed by a magistrates' court for sentence under section 3, 3A or 4 above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.

(2)In relation to committals under section 4 above, subsection (1) above has effect subject to section 4(4) and (5) above.

(3)Section 20A(1) of the Magistrates' Courts Act 1980 (which relates to the effect of an indication of sentence under section 20 of that Act) shall not apply in respect of any specified offence (within the meaning of section 224 of the Criminal Justice Act 2003)—

(a)in respect of which the offender is committed under section 3A(2) above; or

(b)in respect of which—

(i)the offender is committed under section 4(2) above; and

(ii)the court states under section 4(4) above that, in its opinion, it also has power to commit the offender under section 3A(2) above.

27After section 5 there is inserted—E+W

5APower of Crown Court on committal for sentence under sections 3B, 3C and 4A

(1)Where an offender is committed by a magistrates' court for sentence under section 3B, 3C or 4A above, the Crown Court shall inquire into the circumstances of the case and may deal with the offender in any way in which it could deal with him if he had just been convicted of the offence on indictment before the court.

(2)In relation to committals under section 4A above, subsection (1) above has effect subject to section 4A(4) and (5) above.

Annotations: Help about Annotation
Close

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. 3 para. 27 partly in force; Sch. 3 para. 27 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 27 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 29 (subject to art. 2(2), Sch. 2)

28In section 6 (committal for sentence in certain cases where offender committed in respect of another offence), in subsection (4)(b), for “3 and 4” there is substituted “ 3 to 4A ”.E+W

Annotations: Help about Annotation
Close

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. 3 para. 28 partly in force; Sch. 3 para. 28 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 28 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 29 (subject to art. 2(2), Sch. 2)

Part 2 E+W+S+N.I.minor and consequential amendments

Prospective

Territorial Waters Jurisdiction Act 1878 (c. 73)E+W

29In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning “Proceedings before a justice of the peace”, for the words from the beginning to “his trial” there is substituted— Any stage of proceedings— E+W

(a)before the summary trial of the offence; or

(b)before the offender has been sent for trial for the offence,.

Prospective

Bankers' Books Evidence Act 1879 (c. 11)E+W

30(1)The Bankers' Books Evidence Act 1879 is amended as follows.E+W

(2)In section 4 (proof that book is a banker’s book), the paragraph beginning “Where the proceedings” is omitted.

(3)In section 5 (verification of copy), the paragraph beginning “Where the proceedings” is omitted.

Prospective

Explosive Substances Act 1883 (c. 3)E+W

31In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted.E+W

Prospective

Criminal Justice Act 1925 (c. 86)E+W

32In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted.E+W

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

33In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for “committed” in both places there is substituted “ sent ”.E+W

Annotations: Help about Annotation
Close

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. 3 para. 33 partly in force; Sch. 3 para. 33 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 33 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(a)

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

34(1)Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a), for “committed” there is substituted “ sent ”,

(b)paragraphs (aa) to (ac) are omitted,

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

(i)where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment;,

(d)paragraphs (iA) and (iB) are omitted,

(e)in paragraph (ii), for “the committal” there is substituted “ such notice ”, and

(f)the words from “and in paragraph (iA)” to the end are omitted.

(3)In subsection (3)(b), for “committed” there is substituted “ sent ”.

Annotations: Help about Annotation
Close

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. 3 para. 34 partly in force; Sch. 3 para. 34 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 34(1)(2)(a)(c)(i)(e)(3) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(b), 2(a)

Criminal Justice Act 1948 (c. 58)E+W

35(1)The Criminal Justice Act 1948 is amended as follows.E+W

(2)In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for “commits him for trial or” there is substituted “ sends him to the Crown Court for trial or commits him there for ”.

(3)In section 41 (evidence by certificate), subsection (5A) is omitted.

(4)In section 80 (interpretation), the definition of “Court of summary jurisdiction” is omitted.

Annotations: Help about Annotation
Close

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. 3 para. 35 partly in force; Sch. 3 para. 35 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 35(1)(2) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(c)

Prison Act 1952 (c. 52)E+W

36Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial.E+W

Annotations: Help about Annotation
Close

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. 3 para. 36 partly in force; Sch. 3 para. 36 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 36 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(d)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)E+W

37F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F12Sch. 3 para. 37 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)E+W

38F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F13Sch. 3 para. 38 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Geneva Conventions Act 1957 (c. 52)E+W

39In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—E+W

(a)in subsection (1), for “committal” there is substituted “ having been sent ”,

(b)in subsection (2), for “committal”, where it first appears, there is substituted “ having been sent ”.

Annotations: Help about Annotation
Close

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

I10Sch. 3 para. 39 partly in force; Sch. 3 para. 39 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 39 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(e)

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

40F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F14Sch. 3 para. 40 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Prospective

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)E+W

41In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)—E+W

(a)the words “and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)” are omitted, and

(b)for “it had determined not to commit for trial” there is substituted “ the offence were to be dealt with summarily and the court had dismissed the information ”.

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

42In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)—E+W

(a)for subsection (4) there is substituted—

(4)Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence., and

(b)subsection (5) is omitted.

Annotations: Help about Annotation
Close

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

I11Sch. 3 para. 42 partly in force; Sch. 3 para. 42 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 42 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(b)

Prospective

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

43(1)The Criminal Justice Act 1967 is amended as follows.E+W

(2)In section 9 (proof by written statement), in subsection (1), the words “, other than committal proceedings,” are omitted.

(3)In section 36 (interpretation), in subsection (1), the definition of “committal proceedings” is omitted.

Criminal Appeal Act 1968 (c. 19)E+W

44(1)The Criminal Appeal Act 1968 is amended as follows.E+W

(2)In section 1 (right of appeal), in subsection (3), for “committed him” there is substituted “ sent him to the Crown Court ”.

(3)In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from “section 41” to “either way offence” are omitted.

Annotations: Help about Annotation
Close

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

I12Sch. 3 para. 44 partly in force; Sch. 3 para. 44 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 44(1)(2) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(f)

Prospective

Firearms Act 1968 (c. 27)E+W

45In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted.E+W

Prospective

Theft Act 1968 (c. 60)E+W

46In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.E+W

Prospective

Criminal Justice Act 1972 (c. 71)E+W

47In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.E+W

Bail Act 1976 (c. 63)E+W

48(1)The Bail Act 1976 is amended as follows.E+W

(2)In section 3 (general provisions)—

(a)in subsection (8)—

(i)for “committed” there is substituted “ sent ”, and

(ii)after “for trial or” there is inserted “ committed him on bail to the Crown Court ”, and

(b)subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted.

(3)In section 5 (supplementary provisions about decisions on bail)—

(a)in subsection (6)(a), for “committing” there is substituted “ sending ”, and

(b)in subsection (6A)(a)—

(i)after “under” there is inserted “ section 52(5) of the Crime and Disorder Act 1998, ”,

(ii)sub-paragraph (i) is omitted,

(iii)after sub-paragraph (ii) there is inserted—

(iia)section 17C (intention as to plea: adjournment);, and

(iv)at the end of sub-paragraph (iii) there is inserted or

(iv)section 24C (intention as to plea by child or young person: adjournment),.

(4)In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for “commits” there is substituted “ sends ”.

(5)In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for “commits” there is substituted “ sends ”.

Annotations: Help about Annotation
Close

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

I13Sch. 3 para. 48 partly in force; Sch. 3 para. 48 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 48(1)(2)(a)(i)(3)(a)(b)(i)(4)(5) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(g), 2(c)

Interpretation Act 1978 (c. 30)E+W

49In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)—E+W

(a)in the definition of “Committed for trial”, paragraph (a) is omitted,

(b)after the entry for “Secretary of State” there is inserted—

Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998.

Annotations: Help about Annotation
Close

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. 3 para. 49 partly in force; Sch. 3 para. 49 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 49 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch para. 1(1)(h)

Prospective

Customs and Excise Management Act 1979 (c. 2)E+W

50In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted.E+W

Magistrates' Courts Act 1980 (c. 43)E+W

51(1)The Magistrates' Courts Act 1980 is amended as follows.E+W

(2)In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for “as examining justices over” there is substituted “ under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of ”.

(3)Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.

(4)In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words “commits or” are omitted.

(5)In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from “proceeds” to the end there is substituted “ sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ”.

(6)The following sections shall cease to have effect—

(a)section 97A (summons or warrant as to committal proceedings),

(b)section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and

(c)section 106 (false written statements tendered in evidence).

(7)In section 128 (remand in custody or on bail)—

(a)in subsection (1)(b), the words “inquiring into or” are omitted,

(b)in subsection (1A)(a)—

(i)“5,” is omitted, and

(ii)for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(c)in subsection (3A)—

(i)“5,” is omitted, and

(ii)for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(d)in subsection (3C)(a)—

(i)“5,” is omitted, and

(ii)for “or 18(4)” there is substituted “ , 18(4) or 24C ”, and

(e)in subsection (3E)(a)—

(i)“5,” is omitted, and

(ii)for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(8)In section 129 (further remand), in subsection (4)—

(a)for “commits a person” there is substituted “ sends a person to the Crown Court ”, and

(b)for “committed” there is substituted “ sent ”.

(9)In section 130 (transfer of remand hearings), in subsection (1)—

(a)“5,” is omitted, and

(b)for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(10)In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted.

(11)In section 150 (interpretation of other terms), in subsection (1), the definition of “committal proceedings” is omitted.

(12)In section 155 (short title, extent and commencement), in subsection (2)(a), the words “8 (except subsection (9))” are omitted.

(13)In Schedule 3 (corporations)—

(a)in paragraph 2, sub-paragraph (a) is omitted,

(b)in paragraph 6, for “inquiry into, and trial of,” there is substituted “ trial of ”.

(14)In Schedule 5 (transfer of remand hearings)—

(a)paragraph 2 is omitted, and

(b)in paragraph 5, for “5, 10 or 18(4)” there is substituted “ 10, 17C, 18(4) or 24C ”.

Annotations: Help about Annotation
Close

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. 3 para. 51 partly in force; Sch. 3 para. 51 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 51(1)(2)(5)(8) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(i)

Prospective

Criminal Attempts Act 1981 (c. 47)E+W

52In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words “or committed for trial” are omitted.E+W

Prospective

Contempt of Court Act 1981 (c. 49)E+W

53In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted—E+W

(b)in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 (“the 1998 Act”), if published as soon as practicable after publication is so permitted;

(c)in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted.

Supreme Court Act 1981 (c. 54)E+W

54(1)The Supreme Court Act 1981 is amended as follows.E+W

(2)In section 76 (committal for trial: alteration of place of trial)—

(a)in subsection (1), for the words from “varying” (where it first appears) to “to Crown Court)” there is substituted “ substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) ”,

(b)in subsection (3), for the words “fixed by the magistrates' court, as specified in a notice under a relevant transfer provision” there is substituted “ specified in a section 51D notice ”,

(c)subsection (5) is omitted, and

(d)in the heading, for “Committal” there is substituted “ Sending ”.

(3)In section 77 (committal for trial: date of trial)—

(a)in subsection (1), for “committal for trial or the giving of a notice of transfer under a relevant transfer provision” there is substituted “ being sent for trial ”,

(b)in subsection (2), for “committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given” there is substituted “ sent for trial ”,

(c)in subsection (3), for “of committal for trial or of a notice of transfer” there is substituted “ when the defendant is sent for trial ”,

(d)subsection (4) is omitted, and

(e)in the heading, for “Committal” there is substituted Sending.

(4)In section 80 (process to compel appearance), in subsection (2), for “committed” there is substituted “ sent ”.

(5)In section 81—

(a)in subsection (1)—

(i)in paragraph (a)—

(a)the words “who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or” are omitted, and

(b)after “51” there is inserted “ or 51A ”,

(ii)in paragraph (g), sub-paragraph (i) is omitted, and

(b)subsection (7) is omitted.

Annotations: Help about Annotation
Close

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

I16Sch. 3 para. 54 partly in force; Sch. 3 para. 54 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 54(1)(3)(a)-(c)(4)(5)(a)(i)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(j), 2(d)

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

55(1)The Mental Health Act 1983 is amended as follows.E+W

(2)In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted—

(4)The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order.

(3)In section 52 (further provisions as to persons remanded by magistrates' courts)—

(a)in subsection (2), for “committed” there is substituted “ sent ”,

(b)in subsection (5), for “committed” there is substituted “ sent ”,

(c)in subsection (6), for “committed” there is substituted “ sent ”, and

(d)in subsection (7), for the words from “inquire” to “1980” there is substituted “ send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 ”, and in paragraph (b) of that subsection, the words “where the court proceeds under subsection (1) of that section” are omitted.

Annotations: Help about Annotation
Close

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. 3 para. 55 partly in force; Sch. 3 para. 55 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 55(1)(3) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch para. 1(1)(k)

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

56(1)The Police and Criminal Evidence Act 1984 is amended as follows.E+W

(2)In section 62 (intimate samples), in subsection (10)—

(a)sub-paragraph (i) of paragraph (a) is omitted, and

(b)in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and ”.

(3)In section 71 (microfilm copies), the paragraph beginning “Where the proceedings” is omitted.

(4)In section 76 (confessions), subsection (9) is omitted.

(5)In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Annotations: Help about Annotation
Close

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. 3 para. 56 partly in force; Sch. 3 para. 56 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 56(1)(2)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(l)

Prosecution of Offences Act 1985 (c. 23)E+W

57(1)The Prosecution of Offences Act 1985 is amended as follows.E+W

(2)In section 7A (powers of non-legal staff), for subsection (6) there is substituted—

(6)This section applies to an offence if it is triable only on indictment or is an offence for which the accused has been sent for trial.

(3)In section 16 (defence costs)—

(a)in subsection (1), paragraph (b) is omitted, and

(b)in subsection (2)—

(i)in paragraph (a), for “committed” there is substituted “ sent ”, and

(ii)paragraph (aa) is omitted, and

(c)subsection (12) is omitted.

(4)In section 21 (interpretation), in subsection (6)(b), for “committed” there is substituted “ sent ”.

(5)In section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), in subsection (11)—

(a)in paragraph (a) of the definition of “appropriate court”, for “committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998” there is substituted “ sent for trial ”,

(b)for the definition of “custody of the Crown Court” there is substituted—

custody of the Crown Court” includes custody to which a person is committed in pursuance of—

(a)section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); or

(b)section 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51);.

(6)In section 23 (discontinuance of proceedings in magistrates' court), in subsection (2), for paragraphs (a) to (c) there is substituted—

(a)any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or

(b)any stage of the proceedings after the accused has been sent for trial for the offence.

(7)In section 23A (discontinuance of proceedings after accused has been sent for trial)—

(a)in paragraph (b) of subsection (1), the words from “under” to “1998” are omitted, and

(b)in subsection (2), for “51(7)” there is substituted “ 51D(1) ”.

Annotations: Help about Annotation
Close

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. 3 para. 57 partly in force; Sch. 3 para. 57 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 57(1)(2)(3)(b)(i)(4)(5)(a)(b)(6)(7)(a)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(m), 2(e)

Prospective

Criminal Justice Act 1987 (c. 38)E+W

58(1)The Criminal Justice Act 1987 is amended as follows.E+W

(2)Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall cease to have effect.

(3)In section 11 (restrictions on reporting)—

(a)in subsection (2), paragraph (a) is omitted,

(b)subsection (3) is omitted,

(c)in subsection (7), “(3),” is omitted,

(d)in subsection (8), “(3),” is omitted,

(e)subsections (9) and (10) are omitted,

(f)in subsection (11), paragraphs (a) and (d) are omitted.

Coroners Act 1988 (c. 13)E+W

59(1)The Coroners Act 1988 is amended as follows.E+W

(2)In section 16 (adjournment of inquest in event of criminal proceedings)—

(a)in subsection (1)(b), for “charged before examining justices with” there is substituted “ sent for trial for ”, and

(b)for subsection (8) there is substituted—

(8)In this section, the “relevant criminal proceedings” means the proceedings—

(a)before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or

(b)before any court to which that person is sent for trial.

(3)In section 17 (provisions supplementary to section 16)—

(a)in subsection (2), for “committed” there is substituted “ sent ”, and

(b)in subsection (3)(b), for “committed” there is substituted “ sent ”.

Annotations: Help about Annotation
Close

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

I20Sch. 3 para. 59 partly in force; Sch. 3 para. 59 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 59 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(n)

Criminal Justice Act 1988 (c. 33)E+W

60(1)The Criminal Justice Act 1988 is amended as follows.E+W

(2)In section 23 (first-hand hearsay), subsection (5) is omitted.

(3)In section 24 (business etc documents), subsection (5) is omitted.

(4)In section 26 (statements in certain documents), the paragraph beginning “This section shall not apply” is omitted.

(5)In section 27 (proof of statements contained in documents), the paragraph beginning “This section shall not apply” is omitted.

(6)In section 30 (expert reports), subsection (4A) is omitted.

(7)In section 40 (power to join in indictment count for common assault etc), in subsection (1)—

(a)the words “were disclosed to a magistrates' court inquiring into the offence as examining justices or” are omitted,

(b)after “51” there is inserted “ or 51A ”.

(8)Section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) shall cease to have effect.

Annotations: Help about Annotation
Close

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

I21Sch. 3 para. 60 partly in force; Sch. 3 para. 60 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 60(1)(7)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(f)

Prospective

Road Traffic Offenders Act 1988 (c. 53)E+W

61(1)The Road Traffic Offenders Act 1988 is amended as follows.E+W

(2)In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted.

(3)In section 13 (admissibility of records as evidence), subsection (7) is omitted.

(4)In section 16 (documentary evidence as to specimens), subsection (6A) is omitted.

(5)In section 20 (speeding offences etc), subsection (8A) is omitted.

Prospective

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

62(1)The Criminal Justice Act 1991 is amended as follows.E+W

(2)Section 53 (notices of transfer in certain cases involving children) shall cease to have effect.

(3)Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease to have effect.

Sexual Offences (Amendment) Act 1992 (c. 34)E+W

63In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for “commits him” there is substituted “ sends him to the Crown Court ”.E+W

Annotations: Help about Annotation
Close

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

I22Sch. 3 para. 63 partly in force; Sch. 3 para. 63 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 63 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(o)

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

64(1)The Criminal Justice and Public Order Act 1994 is amended as follows.E+W

(2)In section 34 (effect of accused’s failure to mention facts when questioned or charged), in subsection (2)—

(a)paragraph (a) is omitted, and

(b)in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ” .

(3)In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), in subsection (2)—

(a)paragraph (a) is omitted, and

(b)in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

(4)In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), in subsection (2)—

(a)paragraph (a) is omitted, and

(b)in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

Annotations: Help about Annotation
Close

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

I23Sch. 3 para. 64 partly in force; Sch. 3 para. 64 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 64(1)(2)(b)(3)(b)(4)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(p)

Reserve Forces Act 1996 (c. 14)E+W

65F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F15Sch. 3 para. 65 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Criminal Procedure and Investigations Act 1996 (c. 25)E+W

66(1)The Criminal Procedure and Investigations Act 1996 is amended as follows.E+W

(2)In section 1 (application of this Part), in subsection (2)—

(a)paragraphs (a) to (c) are omitted, and

(b)in paragraph (cc), the words from “under” to the end are omitted.

(3)In section 5 (compulsory disclosure by accused)—

(a)in subsection (1), for “(2) to” there is substituted “ (3A) and ”,

(b)subsections (2) and (3) are omitted, and

(c)in subsection (3A), in paragraph (b), for “subsection (7) of section 51” there is substituted “ subsection (1) of section 51D ”.

(4)In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c) of the modified section 3(8) are omitted.

(5)In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted—

(b)the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),.

(6)In section 28 (introduction to Part 3), in subsection (1)—

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

(a)on or after the appointed day the accused is sent for trial for the offence concerned,, and

(b)paragraph (b) is omitted.

(7)In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph (a) there is substituted—

(a)after the accused has been sent for trial for the offence, and.

(8)Section 68 (use of written statements and depositions at trial) and Schedule 2 (statements and depositions) shall cease to have effect.

Annotations: Help about Annotation
Close

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

I24Sch. 3 para. 66 partly in force; Sch. 3 para. 66 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 66(1)(2)(b)(3)(c)(6)(a)(7) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(q), 2(g)

Prospective

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

67In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted.E+W

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

68The Crime and Disorder Act 1998 is amended as follows.E+W

Annotations: Help about Annotation
Close

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

I25Sch. 3 para. 68 partly in force; Sch. 3 para. 68 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 33 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(h)

69In section 52 (provisions supplementing section 51)—E+W

(a)in subsection (1), after “51” there is inserted “ or 51A ”,

(b)in subsection (3), after “51” there is inserted “ or 51A ”,

(c)in subsection (5), after “51” there is inserted “ or 51A ”,

(d)in subsection (6), after “51” there is inserted “ or 51A ”, and

(e)in the heading, after “51” there is inserted and 51A.

Annotations: Help about Annotation
Close

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

I26Sch. 3 para. 69 partly in force; Sch. 3 para. 69 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 69 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(h)

Prospective

70In section 121 (short title, commencement and extent), in subsection (8), before “paragraphs 7(1)” there is inserted “ paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph, ”.E+W+S+N.I.

Prospective

71In paragraph 3 of Schedule 3 (reporting restrictions)—E+W+S+N.I.

(a)in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great Britain” there is substituted “ the United Kingdom ”,

(b)in sub-paragraph (8), after paragraph (b) there is inserted—

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

(c)after sub-paragraph (9) there is inserted—

(9A)The following is relevant business information for the purposes of sub-paragraph (8) above—

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

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

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

(d)the address of any such firm;

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

(f)the address of the registered or principal office of any such company;

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

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

(d)after sub-paragraph (11) there is inserted—

(11A)Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

Prospective

72In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of “the relevant date” there is substituted—E+W

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

Youth Justice and Criminal Evidence Act 1999 (c. 23)E+W

73(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.E+W

(2)In section 27 (video recorded evidence in chief), subsection (10) is omitted.

(3)In section 42 (interpretation and application of section 41), in subsection (3)—

(a)paragraphs (a) and (b) are omitted, and

(b)in paragraph (c), after “51” there is inserted “ or 51A ”.

Annotations: Help about Annotation
Close

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

I27Sch. 3 para. 73 partly in force; Sch. 3 para. 73 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 73(1)(3)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(i)

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

74(1)The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W

(2)In section 8 (power and duty to remit young offenders to youth courts for sentence), in subsection (2), for paragraph (a) there is substituted—

(a)if the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, to a youth court acting for the place where he was sent to the Crown Court for trial;.

(3)In section 89 (restriction on imposing imprisonment), in subsection (2)—

(a)in paragraph (b), the words “trial or” are omitted, and

(b)in paragraph (c), after “51” there is inserted “ or 51A ”.

(4)In section 140 (enforcement of fines etc), in subsection (1)(b)—

(a)the words “was committed to the Crown Court to be tried or dealt with or by which he” are omitted, and

(b)after “51” there is inserted “ or 51A ”.

(5)In section 148 (restitution orders), in subsection (6), for paragraph (b) there is substituted—

(b)such documents as were served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998.

(6)In Schedule 11, paragraph 9 is omitted.

Annotations: Help about Annotation
Close

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

I28Sch. 3 para. 74 partly in force; Sch. 3 para. 74 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 74(1)(2)(3)(b)(4)(b)(5) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(r), 2(j)

Prospective

Proceeds of Crime Act 2002 (c. 29)E+W

75(1)The Proceeds of Crime Act 2002 is amended as follows.E+W

(2)In section 6 (making of confiscation order), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

(3)In section 27 (defendant absconds after being convicted or committed), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

(4)In section 70 (committal by magistrates' court), in subsection (5), after “way)” there is inserted “ or under section 3B(2) of that Act (committal of child or young person) ”.

Prospective

Section 62

SCHEDULE 4E+WQualifying offences for purposes of section 62

Part 1 E+WList of offences

Offences Against the PersonE+W

MurderE+W

1Murder.E+W

Attempted murderE+W

2An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.E+W

Soliciting murderE+W

3An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W

ManslaughterE+W

4Manslaughter.E+W

[F16Corporate manslaughterE+W

4AAn offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]E+W

Wounding or causing grievous bodily harm with intentE+W

5An offence under section 18 of the Offences against the Person Act 1861 (c. 100).E+W

KidnappingE+W

6Kidnapping.E+W

Offences Against the PersonE+W

MurderE+W

1Murder.E+W

Attempted murderE+W

2An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.E+W

Soliciting murderE+W

3An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W

ManslaughterE+W

4Manslaughter.E+W

Wounding or causing grievous bodily harm with intentE+W

5An offence under section 18 of the Offences against the Person Act 1861 (c. 100).E+W

KidnappingE+W

6Kidnapping.E+W

Sexual OffencesE+W

RapeE+W

7An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).E+W

Attempted rapeE+W

8An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.E+W

Intercourse with a girl under thirteenE+W

9An offence under section 5 of the Sexual Offences Act 1956.E+W

Incest by a man with a girl under thirteenE+W

10An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.E+W

Assault by penetrationE+W

11An offence under section 2 of the Sexual Offences Act 2003.E+W

Causing a person to engage in sexual activity without consentE+W

12An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.E+W

Rape of a child under thirteenE+W

13An offence under section 5 of the Sexual Offences Act 2003.E+W

Attempted rape of a child under thirteenE+W

14An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.E+W

Assault of a child under thirteen by penetrationE+W

15An offence under section 6 of the Sexual Offences Act 2003.E+W

Causing a child under thirteen to engage in sexual activityE+W

16An offence under section 8 of the Sexual Offences Act 2003 (c. 42) where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.E+W

Sexual activity with a person with a mental disorder impeding choiceE+W

17An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.E+W

Causing or inciting a person with a mental disorder impeding choice to engage in sexual activityE+W

18An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.E+W

Drugs OffencesE+W

Unlawful importation of Class A drugE+W

19An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W

Unlawful exportation of Class A drugE+W

20An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W

Fraudulent evasion in respect of Class A drugE+W

21An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W

Producing or being concerned in production of Class A drugE+W

22An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).E+W

Supplying or offering to supply Class A drugE+W

23An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).E+W

Theft OffencesE+W

RobberyE+W

24An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).E+W

Criminal Damage OffencesE+W

Arson endangering lifeE+W

25An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.E+W

Causing explosion likely to endanger life or propertyE+W

26An offence under section 2 of the Explosive Substances Act 1883 (c. 3).E+W

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W

27An offence under section 3(1)(a) of the Explosive Substances Act 1883.E+W

War Crimes and TerrorismE+W

Genocide, crimes against humanity and war crimesE+W

28An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).E+W

Grave breaches of the Geneva ConventionsE+W

29An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).E+W

Directing terrorist organisationE+W

30An offence under section 56 of the Terrorism Act 2000 (c. 11).E+W

Hostage-takingE+W

31An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).E+W

Hijacking and Other Offences Relating to Aviation, Maritime and Rail SecurityE+W

Hijacking of aircraftE+W

32An offence under section 1 of the Aviation Security Act 1982 (c. 36).E+W

Destroying, damaging or endangering the safety of an aircraftE+W

33An offence under section 2 of the Aviation Security Act 1982.E+W

Hijacking of shipsE+W

34An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).E+W

Seizing or exercising control of fixed platformsE+W

35An offence under section 10 of the Aviation and Maritime Security Act 1990.E+W

Destroying ships or fixed platforms or endangering their safetyE+W

36An offence under section 11 of the Aviation and Maritime Security Act 1990.E+W

Hijacking of Channel Tunnel trainsE+W

37An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).E+W

Seizing or exercising control of the Channel Tunnel systemE+W

38An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).E+W

ConspiracyE+W

ConspiracyE+W

39An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.E+W

Part 2 E+WSupplementary

40A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.E+W

41A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.E+W

Section 75

SCHEDULE 5E+W+N.I.Qualifying offences for purposes of Part 10

Part 1 E+W+N.I.List of offences for England and Wales

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

1Murder.E+W+N.I.

Annotations: Help about Annotation
Close

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

I29Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted murderE+W+N.I.

2An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.E+W+N.I.

Soliciting murderE+W+N.I.

3An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W+N.I.

ManslaughterE+W+N.I.

4Manslaughter.E+W+N.I.

[F17Corporate manslaughterE+W+N.I.

4AAn offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]E+W+N.I.

KidnappingE+W+N.I.

5Kidnapping.E+W+N.I.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

6An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42).E+W+N.I.

Annotations: Help about Annotation
Close

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

I30Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Attempted rapeE+W+N.I.

7An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003.E+W+N.I.

Intercourse with a girl under thirteenE+W+N.I.

8An offence under section 5 of the Sexual Offences Act 1956.E+W+N.I.

Incest by a man with a girl under thirteenE+W+N.I.

9An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen.E+W+N.I.

Assault by penetrationE+W+N.I.

10An offence under section 2 of the Sexual Offences Act 2003 (c. 42).E+W+N.I.

Causing a person to engage in sexual activity without consentE+W+N.I.

11An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.E+W+N.I.

Rape of a child under thirteenE+W+N.I.

12An offence under section 5 of the Sexual Offences Act 2003.E+W+N.I.

Attempted rape of a child under thirteenE+W+N.I.

13An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.E+W+N.I.

Assault of a child under thirteen by penetrationE+W+N.I.

14An offence under section 6 of the Sexual Offences Act 2003.E+W+N.I.

Causing a child under thirteen to engage in sexual activityE+W+N.I.

15An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused.E+W+N.I.

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

16An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section.E+W+N.I.

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

17An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.E+W+N.I.

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

18An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

Annotations: Help about Annotation
Close

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

I31Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Unlawful exportation of Class A drugE+W+N.I.

19An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Fraudulent evasion in respect of Class A drugE+W+N.I.

20An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

Producing or being concerned in production of Class A drugE+W+N.I.

21An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).E+W+N.I.

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

22An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.E+W+N.I.

Annotations: Help about Annotation
Close

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

I32Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Causing explosion likely to endanger life or propertyE+W+N.I.

23An offence under section 2 of the Explosive Substances Act 1883 (c. 3).E+W+N.I.

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

24An offence under section 3(1)(a) of the Explosive Substances Act 1883.E+W+N.I.

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

25An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).E+W+N.I.

Annotations: Help about Annotation
Close

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

I33Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Grave breaches of the Geneva ConventionsE+W+N.I.

26An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).E+W+N.I.

Directing terrorist organisationE+W+N.I.

27An offence under section 56 of the Terrorism Act 2000 (c. 11).E+W+N.I.

Hostage-takingE+W+N.I.

28An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).E+W+N.I.

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

29An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.E+W+N.I.

Annotations: Help about Annotation
Close

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

I34Sch. 5 Pt. 1 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Part 2 E+W+N.I.List of offences for Northern Ireland

Offences Against the PersonE+W+N.I.

MurderE+W+N.I.

30Murder.E+W+N.I.

Attempted murderE+W+N.I.

31An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.E+W+N.I.

Soliciting murderE+W+N.I.

32An offence under section 4 of the Offences against the Person Act 1861 (c. 100).E+W+N.I.

ManslaughterE+W+N.I.

33Manslaughter.E+W+N.I.

[F18Corporate manslaughterE+W+N.I.

33AAn offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]E+W+N.I.

KidnappingE+W+N.I.

34Kidnapping.E+W+N.I.

Sexual OffencesE+W+N.I.

RapeE+W+N.I.

35Rape.E+W+N.I.

[F1935AAn offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]E+W+N.I.

Annotations: Help about Annotation
Close

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)

Attempted rapeE+W+N.I.

36An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960.E+W+N.I.

[F2036AAn offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008.]E+W+N.I.

Annotations: Help about Annotation
Close

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)

Intercourse with a girl under fourteenE+W+N.I.

37An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.E+W+N.I.

Incest by a man with a girl under fourteenE+W+N.I.

38An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.E+W+N.I.

[F21Assault by penetrationE+W+N.I.

38AAn offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Causing a person to engage in sexual activity without consentE+W+N.I.

38BAn offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article.E+W+N.I.

Rape of a child under thirteenE+W+N.I.

38CAn offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Attempted rape of a child under thirteenE+W+N.I.

38DAn offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Assault of child under thirteen by penetrationE+W+N.I.

38EAn offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008.E+W+N.I.

Causing a child under thirteen to engage in sexual activity by penetrationE+W+N.I.

38FAn offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused.E+W+N.I.

Sexual activity with a person with a mental disorder impeding choiceE+W+N.I.

38GAn offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article.E+W+N.I.

Causing a person with a mental disorder impeding choice to engage in sexual activityE+W+N.I.

38HAn offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused.]E+W+N.I.

Drugs OffencesE+W+N.I.

Unlawful importation of Class A drugE+W+N.I.

39An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).E+W+N.I.

Unlawful exportation of Class A drugE+W+N.I.

40An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Fraudulent evasion in respect of Class A drugE+W+N.I.

41An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).E+W+N.I.

Producing or being concerned in production of Class A drugE+W+N.I.

42An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act).E+W+N.I.

Criminal Damage OffencesE+W+N.I.

Arson endangering lifeE+W+N.I.

43An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire.E+W+N.I.

Causing explosion likely to endanger life or propertyE+W+N.I.

44An offence under section 2 of the Explosive Substances Act 1883 (c. 3).E+W+N.I.

Intent or conspiracy to cause explosion likely to endanger life or propertyE+W+N.I.

45An offence under section 3(1)(a) of the Explosive Substances Act 1883.E+W+N.I.

War Crimes and TerrorismE+W+N.I.

Genocide, crimes against humanity and war crimesE+W+N.I.

46An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).E+W+N.I.

Grave breaches of the Geneva ConventionsE+W+N.I.

47An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).E+W+N.I.

Directing terrorist organisationE+W+N.I.

48An offence under section 56 of the Terrorism Act 2000 (c. 11).E+W+N.I.

Hostage-takingE+W+N.I.

49An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).E+W+N.I.

ConspiracyE+W+N.I.

ConspiracyE+W+N.I.

50An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule.E+W+N.I.

Part 3 E+W+N.I.Supplementary

51A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.E+W+N.I.

Annotations: Help about Annotation
Close

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

I35Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

52A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.E+W+N.I.

Annotations: Help about Annotation
Close

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

I36Sch. 5 Pt. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 30 (subject to art. 2(2), Sch. 2)

Section 113

SCHEDULE 6E+WEvidence of bad character: armed forces

1Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.E+W

2Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.E+W

3(1)Section 107 has effect in relation to proceedings before [F22the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications.E+W

(2)In subsection (1)—

(a)for [F23a judge and jury] substitute [F24the Court Martial];

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c)for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, [F25discharge] the court. ”

(3)In subsection (2)—

(a)for “jury” substitute “ court ”;

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

(4)In subsection (3)—

(a)for paragraph (a) substitute—

(a)a court is required to determine under section 115B(2) of the Army Act 1955, [F26section 167 of the Armed Forces Act 2006] whether a person charged with an offence did the act or made the omission charged,;

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c)for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the [F27discharge]court.”

(5)For subsection (4) substitute—

(4)This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to [F28discharge] a court.

Annotations: Help about Annotation
Close

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)

F22Words in Sch. 6 para. 3(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F23Words in Sch. 6 para. 3(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F24Words in Sch. 6 para. 3(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F25Word in Sch. 6 para. 3(2)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(iii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F26Words in Sch. 6 para. 3(4)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(c)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F27Word in Sch. 6 para. 3(4)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(c)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F28Word in Sch. 6 para. 3(5) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(d); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

4Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—E+W

(1)Where the court makes a relevant ruling—

(a)it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before [F29the Court Martial], in the absence of the other members of the court) its reasons for the ruling;

(b)if it is [F30the Summary Appeal Court or the Service Civilian Court], it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.

Annotations: Help about Annotation
Close

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)

F29Words in Sch. 6 para. 4 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(3)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F30Words in Sch. 6 para. 4 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(3)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

5Section 111 has effect as if [F31the expression]“rules of court” included rules regulating the practice and procedure of service courts.E+W

Annotations: Help about Annotation
Close

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)

[F326In this Schedule “service court” means—E+W

(a)the Court Martial;

(b)the Summary Appeal Court;

(c)the Service Civilian Court; or

(d)the Court Martial Appeal Court.]

Annotations: Help about Annotation
Close

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)

F32Sch. 6 para. 6 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Section 135

SCHEDULE 7E+WHearsay evidence: armed forces

Application to proceedings before service courtsE+W

1Sections 114 to 121, 123, 124, 126, 127 to 129 and 133 and 134, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.E+W

Annotations: Help about Annotation
Close

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

I37Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

2(1)In their application to such proceedings those sections have effect with the following modifications.E+W

[F33(2)In section 116(2) for paragraph (c) substitute—

(c)that either of the following applies—

(i)the court is sitting neither in the United Kingdom nor in a British overseas territory and it is not reasonably practicable to secure the attendance of the relevant person; or

(ii)the court is sitting in the United Kingdom or a British overseas territory but the relevant person is outside the United Kingdom or outside that territory (as the case may be) and it is not reasonably practicable to secure his attendance.]

(3)In section 117 insert after subsection (7)—

(8)In subsection (4) [F34the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006.]

(4)In section 123(4) for paragraph (a) substitute—

(a)in the case of proceedings before [F35the Court Martial], proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court;.

[F36(5)In section 127—

(a)in subsection (1)(c)—

(i)for “the appropriate rules” substitute rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968;

(ii)for “section 9 of the Criminal Justice Act 1967 (c. 80)” substitute such rules;

(b)omit subsection (7).]

[F37(6)Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.]

(7)In section 134 insert after subsection (1)—

(1A)In this Part “criminal investigation” includes any investigation which may lead

(a)to proceedings before a court-martial or Standing Civilian Court, or

(b)to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957.

[F38to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006.]

Annotations: Help about Annotation
Close

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)

F33Sch. 7 para. 2(2) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 235(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F34Words in Sch. 7 para. 2(3) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F35Words in Sch. 7 para. 2(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 235(2)(c); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F36Sch. 7 para. 2(5) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 235(2)(d); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F38Words in Sch. 7 para. 2(7) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for Sch. 7 para. 2(7)(a)(b) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 235(2)(e); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

Commencement Information

I38Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

3(1)Section 122 has effect in relation to proceedings before [F39the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications.E+W

(2)In subsection (1) for “ [F40a judge and jury]” substitute [F41the Court Martial].

(3)In subsection (2)—

(a)for “jury when they retire to consider their” substitute “ court when it retires to consider its ”.

(b)for “the court” in paragraph (a) substitute “ the judge advocate ”;

(c)for “the jury” in paragraph (b) substitute “ the court ”.

Annotations: Help about Annotation
Close

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)

F39Words in Sch 7 para. 3(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(3)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F40Words in Sch. 7 para. 3(2) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(3)(b)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F41Words in Sch. 7 para. 3(2) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(3)(b)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I39Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

4(1)Section 125 has effect in relation to proceedings before [F42the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications.E+W

(2)In subsection (1)—

(a)for “ [F43a judge and jury]” substitute [F44the Court Martial];

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c)for the words after paragraph (b) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, the [F45discharge] court.”

(3)In subsection (2)—

(a)for “jury” substitute “ court ”;

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

(4)In subsection (3)—

(a)for paragraph (a) substitute—

(a)a court is required to determine under section 115B(2) of the Army Act 1955, [F46section 167 of the Armed Forces Act 2006] whether a person charged with an offence did the act or made the omission charged,;

(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c)for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, [F47discharge] the court. ”

(5)For subsection (4) substitute—

(4)This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to [F48discharge] a court.

Annotations: Help about Annotation
Close

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)

F42Words in Sch. 7 para. 4(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F43Words in Sch. 7 para. 4(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(b)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F44Words in Sch. 7 para. 4(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(b)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F45Word in Sch. 7 para. 4(2)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(b)(iii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F46Words in Sch. 7 para. 4(4)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(c)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F47Word in Sch. 7 para. 4(4)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(c)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F48Word in Sch. 7 para. 4(5) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(4)(d); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I40Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

AmendmentsE+W

5F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F49Sch. 7 paras. 5-7 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Force Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 235(5), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I41Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

6F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F50Sch. 7 paras. 5-7 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Force Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 235(5), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I42Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

7F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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)

F51Sch. 7 paras. 5-7 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Force Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 235(5), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I43Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

InterpretationE+W

[F528In this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means—E+W

(a)the Court Martial;

(b)the Summary Appeal Court;

(c)the Service Civilian Court; or

(d)the Court Martial Appeal Court.]

Annotations: Help about Annotation
Close

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)

F52Sch. 7 para. 8 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 235(6); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I44Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)

Section 179

SCHEDULE 8E+WBreach, revocation or amendment of community order

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C2Sch. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 1, 10, 11; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Sch. 8 modified (4.4.2010) by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 70(8); S.I. 2005/950, art. 2, Sch. 1 para. 42(29) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

Part 1 E+WPreliminary

InterpretationE+W

1In this Schedule—E+W

  • the offender”, in relation to a community order, means the person in respect of whom the order is made;

  • thelocal justice area concerned”, area in relation to a community order, means the [F53local justice area] for the time being specified in the order;

  • the responsible officer” has the meaning given by section 197.

Annotations: Help about Annotation
Close

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)

Commencement Information

I45Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

2In this Schedule—E+W

(a)references to a drug rehabilitation requirement of a community order being subject to review are references to that requirement being subject to review in accordance with section 210(1)(b);

(b)references to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review are to be construed in accordance with section 210(2).

Annotations: Help about Annotation
Close

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

I46Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

3For the purposes of this Schedule—E+W

(a)a requirement falling within any paragraph of section 177(1) is of the same kind as any other requirement falling within that paragraph, and

(b)an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 177(1) to which it relates.

Annotations: Help about Annotation
Close

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

I47Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Orders made on appealE+W

4Where a community order has been made on appeal, it is to be taken for the purposes of this Schedule to have been made by the Crown Court.E+W

Annotations: Help about Annotation
Close

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

I48Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Part 2 E+WBreach of requirement of order

Duty to give warningE+W

5(1)If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with any of the requirements of a community order, the officer must give him a warning under this paragraph unless—E+W

(a)the offender has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with any of the requirements of the order, or

(b)the officer causes an information to be laid before a justice of the peace in respect of the failure.

(2)A warning under this paragraph must—

(a)describe the circumstances of the failure,

(b)state that the failure is unacceptable, and

(c)inform the offender that, if within the next twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court.

(3)The responsible officer must, as soon as practicable after the warning has been given, record that fact.

(4)In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a reference to the Crown Court.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C3Sch. 8 para. 5(1)(b) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 2, 12; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I49Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Breach of order after warningE+W

6(1)If—E+W

(a)the responsible officer has given a warning under paragraph 5 to the offender in respect of a community order, and

(b)at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the offender has since that date failed without reasonable excuse to comply with any of the requirements of the order,

the officer must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2)In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C4Sch. 8 para. 6(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 2, 12; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I50Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Issue of summons or warrant by justice of the peaceE+W

7(1)This paragraph applies to—E+W

(a)a community order made by a magistrates' court, or

(b)any community order which was made by the Crown Court and includes a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court.

F54(2)If at any time while a community order to which this paragraph applies is in force it appears on information to a justice of the peace F55. . . that the offender has failed to comply with any of the requirements of the order, the justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for his arrest.

(3)Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)in the case of a community order imposing a drug rehabilitation requirement which is subject to review, before the magistrates' court responsible for the order, or

[F56(b)in any other case, before a magistrates' court [F57acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.]

(4)Where a summons issued under sub-paragraph (2)(a) requires the offender to appear before a magistrates' court and the offender does not appear in answer to the summons, the magistrates' court may issue a warrant for the arrest of the offender.

Annotations: Help about Annotation
Close

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)

F54By The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 106(b), it is provided (1.4.2005) that in Sch. 8 para. 7(2) for the words "acting for the petty sessions area" there be substituted the words "acting in the local justice area"

Commencement Information

I51Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Issue of summons or warrant by Crown CourtE+W

8(1)This paragraph applies to a community order made by the Crown Court which does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court.E+W

(2)If at any time while a community order to which this paragraph applies is in force it appears on information to the Crown Court that the offender has failed to comply with any of the requirements of the order, the Crown Court may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for his arrest.

(3)Any summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4)Where a summons issued under sub-paragraph (2)(a) requires the offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.

Annotations: Help about Annotation
Close

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.

Modifications etc. (not altering text)

C5Sch. 8 para. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 3, 13; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I52Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Powers of magistrates' courtE+W

9(1)If it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 7 that he has failed without reasonable excuse to comply with any of the requirements of the community order, the court must deal with him in respect of the failure in any one of the following ways—E+W

(a)by amending the terms of the community order so as to impose more onerous requirements which the court could include if it were then making the order;

(b)where the community order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by it of the offence;

(c)where—

(i)the community order was made by a magistrates' court,

(ii)the offence in respect of which the order was made was not an offence punishable by imprisonment,

(iii)the offender is aged 18 or over, and

(iv)the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with him, in respect of that offence, by imposing a sentence of imprisonment for a term not exceeding 51 weeks.

(2)In dealing with an offender under sub-paragraph (1), a magistrates' court must take into account the extent to which the offender has complied with the requirements of the community order.

(3)In dealing with an offender under sub-paragraph (1)(a), the court may extend the duration of particular requirements (subject to any limit imposed by Chapter 4 of Part 12 of this Act) but may not extend the period specified under section 177(5).

[F58(3A)Where—

(a)the court is dealing with the offender under sub-paragraph (1)(a), and

(b)the community order does not contain an unpaid work requirement,

section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted 20.]

(4)In dealing with an offender under sub-paragraph (1)(b), the court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the community order, impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

(5)Where a magistrates' court deals with an offender under sub-paragraph (1)(b) or (c), it must revoke the community order if it is still in force.

[F59(5A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.]

(6)Where a community order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) be required to deal with the offender under sub-paragraph (1)(a), (b) or (c), it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(7)A magistrates' court which deals with an offender’s case under sub-paragraph (6) must send to the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

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

(8)A person sentenced under sub-paragraph (1)(b) or (c) for an offence may appeal to the Crown Court against the sentence.

Annotations: Help about Annotation
Close

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)

Commencement Information

I53Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Powers of Crown CourtE+W

10(1)Where under paragraph 8 or by virtue of paragraph 9(6) an offender appears or is brought before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the community order, the Crown Court must deal with him in respect of the failure in any one of the following ways—E+W

(a)by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could impose if it were then making the order;

(b)by dealing with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made;

(c)where—

(i)the offence in respect of which the order was made was not an offence punishable by imprisonment,

(ii)the offender is aged 18 or over,

(iii)the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with him, in respect of that offence, by imposing a sentence of imprisonment for a term not exceeding 51 weeks.

(2)In dealing with an offender under sub-paragraph (1), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.

(3)In dealing with an offender under sub-paragraph (1)(a), the court may extend the duration of particular requirements (subject to any limit imposed by Chapter 4 of Part 12 of this Act) but may not extend the period specified under section 177(5).

[F60(3A)Where—

(a)the court is dealing with the offender under sub-paragraph (1)(a), and

(b)the community order does not contain an unpaid work requirement,

section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted 20.]

(4)In dealing with an offender under sub-paragraph (1)(b), the Crown Court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the community order, impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

(5)Where the Crown Court deals with an offender under sub-paragraph (1)(b) or (c), it must revoke the community order if it is still in force.

(6)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the community order is to be determined by the court and not by the verdict of a jury.

Annotations: Help about Annotation
Close

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)

Modifications etc. (not altering text)

C6Sch. 8 para. 10 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 para. 14 (as amended (31.10.2009) by