xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.

[8th May 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 E+W+N.I.Youth rehabilitation orders

Youth rehabilitation ordersE+W+N.I.

1Youth rehabilitation ordersE+W

(1)Where a person aged under 18 is convicted of an offence, the court by or before which the person is convicted may in accordance with Schedule 1 make an order (in this Part referred to as a “youth rehabilitation order”) imposing on the person any one or more of the following requirements—

(a)an activity requirement (see paragraphs 6 to 8 of Schedule 1),

(b)a supervision requirement (see paragraph 9 of that Schedule),

(c)in a case where the offender is aged 16 or 17 at the time of the conviction, an unpaid work requirement (see paragraph 10 of that Schedule),

(d)a programme requirement (see paragraph 11 of that Schedule),

(e)an attendance centre requirement (see paragraph 12 of that Schedule),

(f)a prohibited activity requirement (see paragraph 13 of that Schedule),

(g)a curfew requirement (see paragraph 14 of that Schedule),

(h)an exclusion requirement (see paragraph 15 of that Schedule),

(i)a residence requirement (see paragraph 16 of that Schedule),

(j)a local authority residence requirement (see paragraph 17 of that Schedule),

(k)a mental health treatment requirement (see paragraph 20 of that Schedule),

(l)a drug treatment requirement (see paragraph 22 of that Schedule),

(m)a drug testing requirement (see paragraph 23 of that Schedule),

(n)an intoxicating substance treatment requirement (see paragraph 24 of that Schedule), and

(o)an education requirement (see paragraph 25 of that Schedule).

(2)A youth rehabilitation order—

(a)may also impose an electronic monitoring requirement (see paragraph 26 of Schedule 1), and

(b)must do so if paragraph 2 of that Schedule so requires.

(3)A youth rehabilitation order may be—

(a)a youth rehabilitation order with intensive supervision and surveillance (see paragraph 3 of Schedule 1), or

(b)a youth rehabilitation order with fostering (see paragraph 4 of that Schedule).

(4)But a court may only make an order mentioned in subsection (3)(a) or (b) if—

(a)the court is dealing with the offender for an offence which is punishable with imprisonment,

(b)the court is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be appropriate (or, if the offender was aged under 12 at the time of conviction, would be appropriate if the offender had been aged 12), and

(c)if the offender was aged under 15 at the time of conviction, the court is of the opinion that the offender is a persistent offender.

(5)Schedule 1 makes further provision about youth rehabilitation orders.

(6)This section is subject to—

(a)sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions on community sentences etc.), and

(b)the provisions of Parts 1 and 3 of Schedule 1.

Annotations:

Commencement Information

I1S. 1 in force at 30.11.2009 in so far as not already in force by S.I. 2009/3074, art. 2(a)

I2S. 1(5) in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(a)

2Breach, revocation or amendment of youth rehabilitation ordersE+W

Schedule 2 makes provision about failures to comply with the requirements of youth rehabilitation orders and about the revocation or amendment of such orders.

Annotations:

Commencement Information

I3S. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(b)

3Transfer of youth rehabilitation orders to Northern IrelandE+W+N.I.

Schedule 3 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.

Annotations:

Commencement Information

I4S. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(c)

4Meaning of “the responsible officer”E+W

(1)For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means—

(a)in a case where the order—

(i)imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 1(1), and

(ii)imposes an electronic monitoring requirement,

the person who under paragraph 26(4) of Schedule 1 is responsible for the electronic monitoring required by the order;

(b)in a case where the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;

(c)in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.

(2)In this section “qualifying officer”, in relation to a youth rehabilitation order, means—

(a)a member of a youth offending team established by a local authority for the time being specified in the order for the purposes of this section, or

(b)an officer of a local probation board appointed for or assigned to the local justice area for the time being so specified or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being so specified.

(3)The Secretary of State may by order—

(a)amend subsections (1) and (2), and

(b)make any other amendments of—

(i)this Part, or

(ii)Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(4)An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.

Annotations:

Commencement Information

I5S. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(d)

5Responsible officer and offender: duties in relation to the otherE+W

(1)Where a youth rehabilitation order has effect, it is the duty of the responsible officer—

(a)to make any arrangements that are necessary in connection with the requirements imposed by the order,

(b)to promote the offender's compliance with those requirements, and

(c)where appropriate, to take steps to enforce those requirements.

(2)In subsection (1) “responsible officer” does not include a person falling within section 4(1)(a).

(3)In giving instructions in pursuance of a youth rehabilitation order relating to an offender, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—

(a)any conflict with the offender's religious beliefs,

(b)any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c)any conflict with the requirements of any other youth rehabilitation order to which the offender may be subject.

(4)The Secretary of State may by order provide that subsection (3) is to have effect with such additional restrictions as may be specified in the order.

(5)An offender in respect of whom a youth rehabilitation order is in force—

(a)must keep in touch with the responsible officer in accordance with such instructions as the offender may from time to time be given by that officer, and

(b)must notify the responsible officer of any change of address.

(6)The obligation imposed by subsection (5) is enforceable as if it were a requirement imposed by the order.

Annotations:

Commencement Information

I6S. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(e)

SupplementaryE+W

6Abolition of certain youth orders and related amendmentsE+W

(1)Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.

(2)Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.

(3)Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.

Annotations:

Commencement Information

I7S. 6(1) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(f) (with art. 4)

7Youth rehabilitation orders: interpretationE+W

(1)In this Part, except where the contrary intention appears—

(2)For the purposes of any provision of this Part which requires the determination of the age of a person by the court, the Secretary of State or a local authority, the person's age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State or a local authority to be after considering any available evidence.

(3)Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

(4)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, any reference in this Part (except in paragraphs 4 and 25 of Schedule 1) to the offender's parent or guardian is to be read as a reference to that authority.

(5)In subsection (4)—

8Isles of ScillyE+W

This Part has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by order specify.

Annotations:

Commencement Information

I9S. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(h)

Part 2 E+W+N.I.Sentencing

General sentencing provisionsE+W

Prospective

9Purposes etc. of sentencing: offenders under 18E+W

(1)After section 142 of the Criminal Justice Act 2003 (c. 44) insert—

142APurposes etc. of sentencing: offenders under 18

(1)This section applies where a court is dealing with an offender aged under 18 in respect of an offence.

(2)The court must have regard to—

(a)the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998),

(b)in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and

(c)the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).

(3)Those purposes of sentencing are—

(a)the punishment of offenders,

(b)the reform and rehabilitation of offenders,

(c)the protection of the public, and

(d)the making of reparation by offenders to persons affected by their offences.

(4)This section does not apply—

(a)to an offence the sentence for which is fixed by law,

(b)to an offence the sentence for which falls to be imposed under—

(i)section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences),

(ii)section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon), or

(iii)section 226(2) of this Act (detention for life for certain dangerous offenders), or

(c)in relation to the making under Part 3 of the Mental Health Act 1983 of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.

(2)In section 142 of the Criminal Justice Act 2003 (purposes of sentencing in relation to offenders aged 18 or over at the time of conviction)—

(a)in the heading, at the end insert “ : offenders aged 18 or over ”, and

(b)in subsection (2)(a) omit “at the time of conviction”.

(3)In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—

(1A)Subsection (1) is to be read with paragraphs (a) and (c) of section 142A(2) of the Criminal Justice Act 2003 (which require a court dealing with an offender aged under 18 also to have regard to the principal aim of the youth justice system and the specified purposes of sentencing).

(1B)Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.

(4)In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—

offending” includes re-offending;.

10Effect of restriction on imposing community sentencesE+W

In section 148 of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences), after subsection (4) insert—

(5)The fact that by virtue of any provision of this section—

(a)a community sentence may be passed in relation to an offence; or

(b)particular restrictions on liberty may be imposed by a community order or youth rehabilitation order,

does not require a court to pass such a sentence or to impose those restrictions.

Annotations:

Commencement Information

I10S. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 1

11Restriction on power to make a community orderE+W

(1)After section 150 of the Criminal Justice Act 2003 (community sentence not available where sentence fixed by law etc.) insert—

150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously fined

(1)The power to make a community order is only exercisable in respect of an offence if—

(a)the offence is punishable with imprisonment; or

(b)in any other case, section 151(2) confers power to make such an order.

(2)For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).

(2)Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.

(3)Before subsection (1) insert—

(A1)Subsection (2) provides for the making of a community order by the court in respect of an offence (“the current offence”) committed by a person to whom subsection (1) or (1A) applies.

(4)In subsection (1)—

(a)for “Subsection (2) applies where” substitute This subsection applies to the offender if—

(za)the current offence is punishable with imprisonment;;

(b)for paragraph (a) substitute—

(a)the offender was aged 16 or over when he was convicted;;

(c)in paragraph (b) for “he” substitute “ the offender ”.

(5)After subsection (1) insert—

(1A)This subsection applies to the offender if—

(a)the current offence is not punishable with imprisonment;

(b)the offender was aged 16 or over when he was convicted; and

(c)on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine.

(6)In subsection (3)(a) after “(1)(b)” insert “ or [F3 (1A)(c) ] (as the case may be) ”.

(7)In subsections (4), (5) and (6), for “subsection (1)(b)” insert “ subsections (1)(b) and [F4 (1A)(c) ].

(8)In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “ or 151(2) ”.

Annotations:

Amendments (Textual)

Commencement Information

I11S. 11(1) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 2 (with Sch. 2 para. 1)

12Pre-sentence reportsE+W

In section 158 of the Criminal Justice Act 2003 (c. 44) (meaning of “pre-sentence report”), after subsection (1) insert—

(1A)Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.

(1B)But a pre-sentence report that—

(a)relates to an offender aged under 18, and

(b)is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),

must be in writing.

Annotations:

Commencement Information

I12S. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 3

Custodial sentencesE+W

F513Sentences of imprisonment for public protectionE+W

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

F614Sentences of detention for public protectionE+W

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

F715Extended sentences for certain violent or sexual offences: persons 18 or overE+W

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

F816Extended sentences for certain violent or sexual offences: persons under 18E+W

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

17The assessment of dangerousnessE+W

(1)Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness) is amended as follows.

(2)In subsection (2)—

(a)the words from the beginning to “18” are omitted,

(b)after paragraph (a) insert—

(aa)may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,, and

(c)in paragraph (b) for “the offence” substitute “ any of the offences mentioned in paragraph (a) or (aa) ”.

(3)After subsection (2) insert—

(2A)The reference in subsection (2)(aa) to a conviction by a court includes a reference to—

(a)a finding of guilt in service disciplinary proceedings, and

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

(4)Subsections (3) and (4) are omitted.

(5)Schedules 16 and 17 to that Act are omitted.

Annotations:

Commencement Information

I13S. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 8 (with Sch. 2 para. 2)

18Further amendments relating to sentences for public protectionE+W

(1)In section 231 of the Criminal Justice Act 2003 (c. 44) (appeals where previous convictions set aside), for subsection (1) substitute—

(1)This section applies where—

(a)a sentence has been imposed on any person under section 225(3) or 227(2),

(b)the condition in section 225(3A) or (as the case may be) 227(2A) was met but the condition in section 225(3B) or (as the case may be) 227(2B) was not, and

(c)any previous conviction of his without which the condition in section 225(3A) or (as the case may be) 227(2A) would not have been met has been subsequently set aside on appeal.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 234 of that Act (determination of day when offence committed) is omitted.

Annotations:

Amendments (Textual)

Commencement Information

I14S. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 9 (with Sch. 2 para. 2)

Prospective

19Indeterminate sentences: determination of tariffsE+W

(1)Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (determination of tariffs in cases where the sentence is not fixed by law) is amended as follows.

(2)In subsection (3) (determination of the appropriate part of the sentence) at the end insert— “ In Case A or Case B below, this subsection has effect subject to, and in accordance with, subsection (3C) below. ”

(3)After subsection (3) insert—

(3A)Case A is where the offender was aged 18 or over when he committed the offence and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more other offences associated with it,—

(a)is exceptional (but not such that the court proposes to make an order under subsection (4) below), and

(b)would not be adequately reflected by the period which the court would otherwise specify under subsection (2) above.

(3B)Case B is where the court is of the opinion that the period which it would otherwise specify under subsection (2) above would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.

(3C)In Case A or Case B above, in deciding the effect which the comparison required by subsection (3)(c) above is to have on reducing the period which the court determines for the purposes of subsection (3)(a) (and before giving effect to subsection (3)(b) above), the court may, instead of reducing that period by one-half,—

(a)in Case A above, reduce it by such lesser amount (including nil) as the court may consider appropriate according to the seriousness of the offence, or

(b)in Case B above, reduce it by such lesser amount (but not by less than one-third) as the court may consider appropriate in the circumstances.

(4)In subsection (4A) (no order to be made under subsection (4) in the case of certain sentences) after “No order under subsection (4) above may be made” insert “ , and Case A above does not apply, ”.

20Consecutive terms of imprisonmentE+W

(1)Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 265 (restriction on consecutive sentences for released prisoners)—

(a)in subsection (1), for “early under this Chapter” substitute

(a)under this Chapter; or

(b)under Part 2 of the Criminal Justice Act 1991.; and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any saving by virtue of which section 84 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released prisoners) continues to apply in certain cases (despite the repeal of that section by the Criminal Justice Act 2003) shall cease to have effect.

Release and recall of prisonersE+W

21Credit for period of remand on bail: terms of imprisonment and detentionE+W

(1)The Criminal Justice Act 2003 (c. 44) is amended as follows.

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the italic heading before section 240, after “custody” insert or on bail subject to certain types of condition.

(4)After section 240 insert—

240ACrediting periods of remand on bail: terms of imprisonment and detention

(1)This section applies where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence.

(3)The “credit period” is the number of days represented by half of the sum of—

(a)the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and

(b)the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject),

rounded up to the nearest whole number.

(4)Subsection (2) does not apply if and to the extent that—

(a)rules made by the Secretary of State so provide, or

(b)it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.

(5)Where as a result of paragraph (a) or (b) of subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence.

(6)Rules made under subsection (4)(a) may, in particular, make provision in relation to—

(a)sentences of imprisonment for consecutive terms;

(b)sentences of imprisonment for terms which are wholly or partly concurrent;

(c)periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.

(7)In considering whether it is of the opinion mentioned in subsection (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.

(8)Where the court gives a direction under subsection (2) or (5) it shall state in open court—

(a)the number of days on which the offender was subject to the relevant conditions, and

(b)the number of days in relation to which the direction is given.

(9)Subsection (10) applies where the court—

(a)does not give a direction under subsection (2) but gives a direction under subsection (5), or

(b)decides not to give a direction under this section.

(10)The court shall state in open court—

(a)that its decision is in accordance with rules made under paragraph (a) of subsection (4), or

(b)that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.

(11)Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted “ or section 119(1)(a) or (b) of the Sentencing Act ”; and

(b)in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “ or Part 2 of the Criminal Justice Act 1991 ”.

(12)In this section—

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.

F14(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I16S. 21(1)(3)-(7) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 1

I17S. 21(2) in force at 31.10.2009 by S.I. 2009/2606, art. 3(a)

22Credit for period of remand on bail: other casesE+W

(1)The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.

(5)In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (part of discretionary life prisoner's sentence to be specified for purposes of early release provisions), in paragraph (b), before “if” insert “ or under section 240A of that Act of 2003 (crediting periods of remand on bail subject to certain types of condition) ”.

(6)In section 101 of that Act (detention and training orders: taking account of remand etc.)—

(a)in subsection (8) for “in custody” substitute

(a)in custody, or

(b)on bail subject to a qualifying curfew condition and an electronic monitoring condition (within the meaning of section 240A of the Criminal Justice Act 2003),; and

(b)in subsection (9) for “in custody” substitute “ as mentioned in that subsection ”.

(7)In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—

(d)sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).

Annotations:

Amendments (Textual)

Commencement Information

I18S. 22 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 2

F1623Credit for period of remand on bail: transitional provisionsE+W

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

Annotations:

Amendments (Textual)

24Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003E+W

In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substitute and

(b)he has served—

(i)at least 4 weeks of that period, and

(ii)at least one-half of that period.

Annotations:

Commencement Information

I19S. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 11

25Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentencesE+W

(1)Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.

(2)In subsection (2)—

(a)the word “and” at the end of paragraph (a) is omitted, and

(b)paragraph (b) is omitted.

(3)Subsections (3), (4), (5) and (6) are omitted.

Annotations:

Commencement Information

I20S. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 12 (with savings in Sch. 2 para. 2)

I21S. 25 in force at 3.12.2012 in so far as not already in force by 2012 c. 10, Sch. 16 para. 15(1); S.I. 2012/2096, art. 2(n)

F1726Release of certain long-term prisoners under Criminal Justice Act 1991E+W

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

Annotations:

Amendments (Textual)

F1727Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UKE+W

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

Annotations:

Amendments (Textual)

F1728Release of fine defaulters and contemnors under Criminal Justice Act 1991E+W

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

Annotations:

Amendments (Textual)

29Release of prisoners after recallE+W

(1)In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—

(a)subsections (3) to (5) cease to have effect;

(b)in subsection (7) for “subsections (2) to (6)” substitute “ this section ”.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I22S. 29 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (with Sch. 2 para. 3)

I23S. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/2606, art. 3(c)

30Further review and release of prisoners after recallE+W

(1)Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.

(2)In subsection (1) for paragraph (b) substitute—

(b)determine the reference by making no recommendation as to his release.

(3)In subsection (2) omit “or (b)”.

(4)Subsections (3) and (5) cease to have effect.

(5)In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.

(6)After section 256 insert—

256AFurther review

(1)The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.

(2)The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.

(3)The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).

(4)On a reference under subsection (1) or (2), the Board must determine the reference by—

(a)recommending the person's immediate release on licence under this Chapter,

(b)fixing a date for his release on licence, or

(c)making no recommendation as to his release.

(5)The Secretary of State—

(a)where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and

(b)where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.

Annotations:

Commencement Information

I24S. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (with Sch. 2 para. 3)

31Recall of life prisoners: abolition of requirement for recommendation by Parole BoardE+W

(1)Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.

(2)For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—

(1)The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(3)In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.

(4)In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.

Annotations:

Commencement Information

I25S. 31 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F1932Release of prisoners recalled following release under Criminal Justice Act 1991E+W

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

Early removal of prisoners from the United KingdomE+W

33Removal under Criminal Justice Act 1991E+W

F20(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Removal under Criminal Justice Act 2003E+W

(1)In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

(4)In subsection (1) (the power of removal)—

(a)for “subsections (2) and (3)” substitute “ subsection (2) ”, and

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For subsection (2) (conditions relating to time) substitute—

(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.

(6)Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.

F24(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In subsection (6) (order-making powers)—

(a)in paragraph (a) omit “or (3)(e)”,

(b)omit paragraph (b), and

(c)in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.

(9)For subsection (7) (meaning of “requisite custodial period”) substitute—

(7)In this section “requisite custodial period”—

(a)in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);

(b)in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).

F25(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral ordersE+W

35Referral conditionsE+W

(1)Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the referral conditions) is amended as follows.

(2)In subsection (1)—

(a)after “section 16(2) above” insert “ and subsection (2) below ”,

(b)insert “ and ” at the end of paragraph (a), and

(c)omit paragraph (c).

(3)For subsections (1A) and (2) substitute—

(2)For the purposes of section 16(3) above, the discretionary referral conditions are satisfied in relation to an offence if—

(a)the compulsory referral conditions are not satisfied in relation to the offence;

(b)the offender pleaded guilty—

(i)to the offence; or

(ii)if the offender is being dealt with by the court for the offence and any connected offence, to at least one of those offences; and

(c)subsection (2A), (2B) or (2C) below is satisfied in relation to the offender.

(2A)This subsection is satisfied in relation to the offender if the offender has never been convicted by or before a court in the United Kingdom (“a UK court”) of any offence other than the offence and any connected offence.

(2B)This subsection is satisfied in relation to the offender if the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on only one previous occasion, but was not referred to a youth offender panel under section 16 above on that occasion.

(2C)This subsection is satisfied in relation to the offender if—

(a)the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on one or more previous occasions, but has been referred to a youth offender panel under section 16 above on only one previous occasion;

(b)an appropriate officer recommends to the court as suitable for the offender a referral to a youth offender panel under that section in respect of the offence; and

(c)the court considers that there are exceptional circumstances which justify ordering the offender to be so referred.

(2D)In subsection (2C)(b) above “appropriate officer” means—

(a)a member of a youth offending team;

(b)an officer of a local probation board; or

(c)an officer of a provider of probation services.

(4)Omit subsection (5).

Annotations:

Commencement Information

I27S. 35 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(a)

36Power to revoke a referral orderE+W

(1)Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.

(2)After section 27 insert—

Referrals back to court in the interests of justiceE+W
27ARevocation of referral order where offender making good progress etc.

(1)This section applies where, having regard to circumstances which have arisen since a youth offender contract took effect under section 23 above, it appears to the youth offender panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.

(2)The panel may refer the offender back to the appropriate court requesting it—

(a)to exercise only the power conferred by sub-paragraph (2) of paragraph 5 of Schedule 1 to this Act to revoke the order (or each of the orders); or

(b)to exercise both—

(i)the power conferred by that sub-paragraph to revoke the order (or each of the orders); and

(ii)the power conferred by sub-paragraph (4) of that paragraph to deal with the offender for the offence in respect of which the revoked order was made.

(3)The circumstances in which the panel may make a referral under subsection (2) above include the offender's making good progress under the contract.

(4)Where—

(a)the panel makes a referral under subsection (2) above in relation to any offender and any youth offender contract, and

(b)the appropriate court decides not to exercise the power conferred by paragraph 5(2) of Schedule 1 to this Act in consequence of that referral,

the panel may not make a further referral under that subsection in relation to that offender and contract during the relevant period except with the consent of the appropriate court.

(5)In subsection (4) above “the relevant period” means the period of 3 months beginning with the date on which the appropriate court made the decision mentioned in paragraph (b) of that subsection.

(3)In paragraph 1(1) of Schedule 1 (youth offender panels: further court proceedings), for “or 27(4)” substitute “ , 27(4) or 27A(2) ”.

Annotations:

Commencement Information

I28S. 36 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(b)

37Extension of period for which young offender contract has effectE+W

(1)Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.

(2)After section 27A (as inserted by section 36 above) insert—

27BExtension of period for which young offender contract has effect

(1)This section applies where at any time—

(a)a youth offender contract has taken effect under section 23 above for a period which is less than twelve months;

(b)that period has not ended; and

(c)having regard to circumstances which have arisen since the contract took effect, it appears to the youth offender panel to be in the interests of justice for the length of that period to be extended.

(2)The panel may refer the offender back to the appropriate court requesting it to extend the length of that period.

(3)The requested period of extension must not exceed three months.

(3)In Schedule 1 (youth offender panels: further court proceedings), after Part 1 insert—

Part 1ZA E+WReferral back to appropriate court: extension of period for which contract has effect
Introductory

9ZB(1)This Part of this Schedule applies where a youth offender panel refers an offender back to the appropriate court under section 27B of this Act with a view to the court extending the period for which the offender's youth offender contract has effect.

(2)For the purposes of this Part of this Schedule and that section the appropriate court is—

(a)in the case of an offender aged under 18 at the time when (in pursuance of the referral back) the offender first appears before the court, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside; and

(b)otherwise, a magistrates' court (other than a youth court) acting in that area.

Mode of referral back to court

9ZCThe panel shall make the referral by sending a report to the appropriate court explaining why the offender is being referred back to it.

Power of court

9ZD(1)If it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the contract took effect, the court may make an order extending the length of the period for which the contract has effect.

(2)An order under sub-paragraph (1) above—

(a)must not extend that period by more than three months; and

(b)must not so extend that period as to cause it to exceed twelve months.

(3)In deciding whether to make an order under sub-paragraph (1) above, the court shall have regard to the extent of the offender's compliance with the terms of the contract.

(4)The court may not make an order under sub-paragraph (1) above unless—

(a)the offender is present before it; and

(b)the contract has effect at the time of the order.

Supplementary

9ZEThe following paragraphs of Part 1 of this Schedule apply for the purposes of this Part of this Schedule as they apply for the purposes of that Part—

(a)paragraph 3 (bringing the offender before the court);

(b)paragraph 4 (detention and remand of arrested offender); and

(c)paragraph 9ZA (power to adjourn hearing and remand offender).

Annotations:

Commencement Information

I29S. 37 in force at 27.4.2009 by S.I. 2009/860, art. 2(2)(c)

Enforcement of sentencesE+W+N.I.

38Imposition of unpaid work requirement for breach of community orderE+W

(1)Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of community order) is amended as follows.

(2)In paragraph 9 (powers of magistrates' court) after sub-paragraph (3) insert—

(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 ”.

(3)In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert—

(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 ”.

Annotations:

Commencement Information

I30S. 38 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 19

Prospective

39Youth default ordersE+W+N.I.

(1)Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).

(2)The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a)in the case of a person aged 16 or 17, an unpaid work requirement (see paragraph 10 of Schedule 1),

(b)an attendance centre requirement (see paragraph 12 of that Schedule), or

(c)a curfew requirement (see paragraph 14 of that Schedule).

(3)In this section (and Schedule 7) “youth default order” means an order under subsection (2).

(4)Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose electronic monitoring requirement) have effect in relation to a youth default order as they have effect in relation to a youth rehabilitation order.

(5)Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

(6)The following provisions have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7—

(a)sections 4, 5 and 7,

(b)paragraphs 1, 10, 12, 14, 26, 27, 29, 33 and 34 of Schedule 1 (youth rehabilitation orders: further provisions),

(c)Schedule 2 (breach, revocation or amendment of youth rehabilitation orders), and

(d)Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).

(7)Where a youth default order has been made for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and

(b)on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8)In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

40Power to impose attendance centre requirement on fine defaulterE+W

(1)Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.

(2)In the heading for “or curfew requirement” substitute “ curfew requirement or attendance centre requirement ”.

(3)In subsection (2), at the end of paragraph (b) insert , or

(c)in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214).

Annotations:

Commencement Information

I31S. 40 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

41Disclosure of information for enforcing finesE+W

(1)Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.

(2)After paragraph 9 insert—

9ADisclosure of information in connection with application for benefit deductions

(1)The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

(2)An information request is a request for the disclosure of some or all of the following information—

(a)P's full name;

(b)P's address (or any of P's addresses);

(c)P's date of birth;

(d)P's national insurance number;

(e)P's benefit status.

(3)On receiving an information request, the Secretary of State may disclose the information requested to—

(a)the officer who made the request, or

(b)a justices' clerk specified in the request.

9BRestrictions on disclosure

(1)A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

(2)A person to whom such information is disclosed commits an offence if the person—

(a)discloses or uses the information, and

(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.

(3)But it is not an offence under sub-paragraph (2)—

(a)to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b)to disclose any information which has previously been lawfully disclosed to the public.

(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9CParagraphs 9A and 9B: supplementary

(1)This paragraph applies for the purposes of paragraphs 9A and 9B.

(2)Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—

(a)which benefit it is,

(b)where it is already subject to deductions under any enactment, the nature of the deductions concerned, and

(c)the amount received by P by way of the benefit, after allowing for any such deductions.

(3)Information” means information held in any form.

(4)Prescribed” means prescribed by regulations made by the Lord Chancellor.

(5)Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.

Annotations:

Commencement Information

I32S. 41 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 6

Part 3 E+WAppeals

Appeals by defendantE+W

42Power to dismiss certain appeals following references by the CCRC: England and WalesE+W

After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—

Appeals following references by the CCRCE+W
16CPower to dismiss certain appeals following references by the CCRC

(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)Notwithstanding anything in section 2, 13 or 16 of this Act, the Court of Appeal may dismiss the appeal if—

(a)the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

(b)the condition in subsection (3) is met.

(3)The condition in this subsection is that if—

(a)the reference had not been made, but

(b)the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 18(3).

Annotations:

Commencement Information

I33S. 42 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 21

43Power to dismiss certain appeals following references by the CCRC: Northern IrelandE+W

After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert—

Appeals following references by the CCRCE+W
13BPower to dismiss certain appeals following references by the CCRC

(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if—

(a)the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

(b)the condition in subsection (3) is met.

(3)The condition in this subsection is that if—

(a)the reference had not been made, but

(b)the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).

Annotations:

Commencement Information

I34S. 43 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 22

Appeals by prosecutionE+W

44Determination of prosecution appeals: England and WalesE+W

In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of prosecution appeal by Court of Appeal) for subsection (5) substitute—

(5)But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).

Annotations:

Commencement Information

I35S. 44 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 23

45Determination of prosecution appeals: Northern IrelandE+W

In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for paragraph (5) substitute—

(5)But the Court of Appeal may not make an order under paragraph (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under paragraph (4)(a) or (b).

Annotations:

Commencement Information

I36S. 45 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 24

MiscellaneousE+W

46Review of sentence on reference by Attorney GeneralE+W

(1)Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.

(2)For subsection (3A) substitute—

(3A)Where a reference under this section relates to a case in which the judge made an order specified in subsection (3B), the Court of Appeal shall not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.

(3B)The orders specified in this subsection are—

(a)an order under section 269(2) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence);

(b)an order under section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in relation to discretionary life sentences and certain other sentences).

(3)In subsection (9) after paragraph (b) insert , and

(c)the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.

Annotations:

Commencement Information

I37S. 46(1)(3) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 25

47Further amendments relating to appeals in criminal casesE+W

Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in criminal cases.

Annotations:

Commencement Information

I38S. 47 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Part 4 E+W+N.I.Other criminal justice provisions

Alternatives to prosecutionE+W

48Alternatives to prosecution for offenders under 18E+W

(1)Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—

(a)to make provision for the giving of youth conditional cautions to children and young persons, F26...

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).

Annotations:

Amendments (Textual)

Commencement Information

I39S. 48(1)(a) in force at 1.2.2009 by S.I. 2009/140, art. 2(a)

I40S. 48(1)(b) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(a)

49Protection for spent cautions under Rehabilitation of Offenders Act 1974E+W

(1)Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.

(2)The provisions of Schedule 10 (and this section) extend only to England and Wales.

Annotations:

Commencement Information

I41S. 49 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(a)

50Criminal conviction certificates and criminal record certificatesE+W

(1)Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.

(2)In section 112 (criminal conviction certificates)—

(a)in the definition of “central records”, after “convictions” insert “ and conditional cautions ”;

(b)after that definition insert—

(3)In section 113A(6) (criminal record certificates)—

(a)in the definition of “exempted question”, after “a question” insert which—

“(a)so far as it applies to convictions, is a question;

(b)in that definition, at the end insert ; and—

“(b)so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;;

(c)in the definition of “relevant matter”, after “caution” insert “ , including a caution that is spent for the purposes of Schedule 2 to that Act ”.

(4)This section extends to England and Wales only.

Annotations:

Commencement Information

I42S. 50 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(b)

BailE+W

51Bail conditions: electronic monitoringE+W

Schedule 11 makes provision in connection with the electronic monitoring of persons released on bail subject to conditions.

Annotations:

Commencement Information

I43S. 51 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 7

52Bail for summary offences and certain other offences to be tried summarilyE+W

Schedule 12—

(a)imposes a duty on a magistrates' court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and

(b)amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).

Annotations:

Commencement Information

I44S. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

Proceedings in magistrates' courtsE+W

53Allocation of offences triable either way etc.E+W

Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court).

54Trial or sentencing in absence of accused in magistrates' courtsE+W

(1)Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is amended as follows.

(2)In subsection (1), for “the court may proceed in his absence” substitute

(a)if the accused is under 18 years of age, the court may proceed in his absence; and

(b)if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so.

This is subject to subsections (2), (2A), (3) and (4).

(3)After subsection (2) insert—

(2A)The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear.

(4)In each of subsections (3) and (4), for “A magistrates' court” substitute “ In proceedings to which this subsection applies, the court. ”

(5)After subsection (3) insert—

(3A)But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court).

(6)After subsection (4) insert—

(5)Subsections (3) and (4) apply to—

(a)proceedings instituted by an information, where a summons has been issued; and

(b)proceedings instituted by a written charge.

(6)Nothing in this section requires the court to enquire into the reasons for the accused's failure to appear before deciding whether to proceed in his absence.

(7)The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings.

(7)Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.

Annotations:

Commencement Information

I45S. 54 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 28

55Extension of powers of non-legal staffE+W

(1)Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.

(2)In subsection (2) (powers of designated non-legal staff)—

(a)in paragraph (a)(ii), after “trials” insert “ of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over ”;

(b)after paragraph (a)(ii) insert—

(iii)the conduct of applications or other proceedings relating to preventative civil orders;

(iv)the conduct of proceedings (other than criminal proceedings) in, or in connection with, the discharge of functions assigned to the Director under section 3(2)(g) above.;

(c)for paragraph (b) substitute—

(b)any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of—

(i)criminal proceedings in magistrates' courts, or

(ii)applications or proceedings falling within paragraph (a)(iii) or (iv).

(3)For subsection (5) (interpretation) substitute—

(5)In this section—

(5A)For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.

(4)Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).

(5)After subsection (7) insert—

(8)As from 1 May 2011 nothing in this section confers on persons designated under this section—

(a)any rights of audience, or

(b)any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

(9)As from that date the following provisions of that Act accordingly do not apply to persons designated under this section—

(a)paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

(b)paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

(10)The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).

(11)The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.

(12)The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “ , 7(1) and 7A ”.

Annotations:

Commencement Information

I46S. 55 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

Criminal legal aidE+W

F2756Provisional grant of right to representationE+W

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

Annotations:

Amendments (Textual)

F27Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F2757Disclosure of information to enable assessment of financial eligibilityE+W

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

Annotations:

Amendments (Textual)

F27Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F2758Pilot schemesE+W

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

Annotations:

Amendments (Textual)

F27Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

MiscellaneousE+W+N.I.

59SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.E+W

(1)The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)After section 2 insert—

2ADirector's pre-investigation powers in relation to bribery and corruption: foreign officers etc

(1)The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 in a case where it appears to him that conduct to which this section applies may have taken place.

(2)But—

(a)the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and

(b)the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.

(3)Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—

(a)the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,

(b)the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and

(c)any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.

(4)Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.

(5)This section applies to any conduct which, as a result of section 108 of the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: foreign officers etc), constitutes a corruption offence (wherever committed).

(6)The following are corruption offences for the purposes of this section—

(a)any common law offence of bribery;

(b)the offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office); and

(c)the offences under section 1 of the Prevention of Corruption Act 1906 (corrupt transactions with agents).

(3)In section 17 (extent)—

(a)in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “ sections 2 and 2A ”; and

(b)in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “ , 2A ”.

Annotations:

Commencement Information

I47S. 59 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 33

60Contents of an accused's defence statementE+W

(1)In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—

(ca)setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence,.

(2)In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “ (or any particular of any matter of fact) ”.

Annotations:

Commencement Information

I48S. 60 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 8 (with art. 3)

61Compensation for miscarriages of justiceE+W+N.I.

(1)The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.

(2)Section 133 (compensation for miscarriages of justice) is amended as follows.

(3)At the end of subsection (2) (compensation only payable if application for compensation is made) insert before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(2A)But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

(4)For subsection (4A) substitute—

(4A)Section 133A applies in relation to the assessment of the amount of the compensation.

(5)After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

(5A)But in a case where—

(a)a person's conviction for an offence is quashed on an appeal out of time, and

(b)the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

(5B)In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Supreme Court Act 1981.

(6)In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “ and section 133A ”.

(7)After section 133 insert—

133AMiscarriages of justice: amount of compensation

(1)This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

(2)In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

(a)the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

(b)the conduct of the investigation and prosecution of the offence.

(3)The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

(a)any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

(b)any other convictions of the person and any punishment suffered as a result of them.

(4)If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

(5)The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

(a)£1 million in a case to which section 133B applies, and

(b)£500,000 in any other case.

(6)The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

(7)The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

(8)No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

133BCases where person has been detained for at least 10 years

(1)For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

(a)the conviction is reversed, or

(b)the pardon is given,

as mentioned in section 133(1).

(2)P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)by virtue of a sentence passed in respect of the relevant offence,

(b)under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(3)In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

(a)in qualifying detention, and

(b)in excluded concurrent detention.

(4)P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)during the term of a sentence passed in respect of an offence other than the relevant offence,

(b)under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

(i)the relevant offence, or

(ii)any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(5)But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

(6)In this section—

(7)If, as a result of the miscarriage of justice—

(a)two or more convictions are reversed, or

(b)a pardon is given in respect of two or more offences,

the relevant offence” means any of the offences concerned.

(8)In relation to England and Wales, “remanded in custody” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

(9)In relation to Northern Ireland, “remanded in custody” means—

(a)remanded in or committed to custody by an order of a court, or

(b)remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.

(8)In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “ sections 133 to 133B ”.

(9)This section extends to England and Wales and Northern Ireland.

Annotations:

Commencement Information

I49S. 61 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(a)

62Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998E+W+N.I.

(1)Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.

(2)The following provisions, namely—

(a)subsection (1), and

(b)the repeal of section 8 of that Act in Part 4 of Schedule 28,

extend to England and Wales and Northern Ireland.

Part 5 E+W+N.I.Criminal law

Pornography etc.E+W+N.I.

63Possession of extreme pornographic imagesE+W+N.I.

(1)It is an offence for a person to be in possession of an extreme pornographic image.

(2)An “extreme pornographic image” is an image which is both—

(a)pornographic, and

(b)an extreme image.

(3)An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4)Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5)So, for example, where—

(a)an image forms an integral part of a narrative constituted by a series of images, and

(b)having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

[F28(5A)In relation to possession of an image in England and Wales, an “extreme image” is an image which—

(a)falls within subsection (7) or (7A), and

(b)is grossly offensive, disgusting or otherwise of an obscene character.]

(6)[F29In relation to possession of an image in Northern Ireland, an]extreme image” is an image which—

(a)falls within subsection (7) [F30or (7A)] , and

(b)is grossly offensive, disgusting or otherwise of an obscene character.

(7)An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—

(a)an act which threatens a person's life,

(b)an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,

(c)an act which involves sexual interference with a human corpse, or

(d)a person performing an act of intercourse or oral sex with an animal (whether dead or alive),

and a reasonable person looking at the image would think that any such person or animal was real.

[F31(7A)An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—

(a)an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or

(b)an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,

and a reasonable person looking at the image would think that the persons were real.

(7B)For the purposes of subsection (7A)—

(a)penetration is a continuing act from entry to withdrawal;

(b)vagina” includes vulva.]

(8)In this section “image” means—

(a)a moving or still image (produced by any means); or

(b)data (stored by any means) which is capable of conversion into an image within paragraph (a).

(9)In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).

(10)Proceedings for an offence under this section may not be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions; or

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Annotations:

Amendments (Textual)

F30Words in s. 63(6) inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(2), 61(1)

Commencement Information

I50S. 63 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(a)

64Exclusion of classified films etc.E+W+N.I.

(1)Section 63 does not apply to excluded images.

(2)An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

(3)But such an image is not an “excluded image” if—

(a)it is contained in a recording of an extract from a classified work, and

(b)it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.

(4)Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;

and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

(5)In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—

(a)a defect caused for technical reasons or by inadvertence on the part of any person, or

(b)the inclusion in the recording of any extraneous material (such as advertisements),

is to be disregarded.

(6)Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

(7)In this section—

(8)Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

Annotations:

Commencement Information

I51S. 64 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(b)

65Defences: generalE+W+N.I.

(1)Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2)The matters are—

(a)that the person had a legitimate reason for being in possession of the image concerned;

(b)that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;

(c)that the person—

(i)was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii)did not keep it for an unreasonable time.

(3)In this section “extreme pornographic image” and “image” have the same meanings as in section 63.

Annotations:

Commencement Information

I52S. 65 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(c)

66Defence: participation in consensual actsE+W+N.I.

[F32(A1)Subsection (A2) applies where in England and Wales—

(a)a person (“D”) is charged with an offence under section 63, and

(b)the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).

(A2)It is a defence for D to prove—

(a)that D directly participated in the act or any of the acts portrayed, and

(b)that the act or acts did not involve the infliction of any non-consensual harm on any person, and

(c)if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and

(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.]

(1)[F33Subsection (2)] applies where [F34in Northern Ireland]

(a)a person (“D”) is charged with an offence under section 63, and

(b)the offence relates to an image that portrays an act or acts [F35within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).]

(2)It is a defence for D to prove—

(a)that D directly participated in the act or any of the acts portrayed, and

(b)that the act or acts did not involve the infliction of any non-consensual harm on any person, and

(c)if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse[F36; and

(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.]

(3)For the purposes of this section harm inflicted on a person is “non-consensual” harm if—

(a)the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or

(b)where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.

Annotations:

Amendments (Textual)

F35Words in s. 66(1)(b) substituted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(a), 61(1)

F36S. 66(2)(d) and preceding word inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(b), 61(1)

Commencement Information

I53S. 66 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(d)

67Penalties etc. for possession of extreme pornographic imagesE+W+N.I.

(1)This section has effect where a person is guilty of an offence under section 63.

(2)[F37If the offence relates to an image that portrays any relevant act (with or without other acts)] , the offender is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.

(3)If the offence relates to an image that does not portray any [F38relevant act] , the offender is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(4)In subsection (2)(a) or (3)(a) “the relevant period” means—

(a)in relation to England and Wales, 12 months;

(b)in relation to Northern Ireland, 6 months.

[F39(5)In this section “relevant act” means—

(a)in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);

(b)in relation to Northern Ireland, an act within section 63(7)(a) or (b) [F40or (7A)(a) or (b)].]

Annotations:

Amendments (Textual)

F40Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)

Commencement Information

I54S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)

68Special rules relating to providers of information society servicesE+W+N.I.

Schedule 14 makes special provision in connection with the operation of section 63 in relation to persons providing information society services within the meaning of that Schedule.

Annotations:

Commencement Information

I55S. 68 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(f)

69Indecent photographs of children: England and WalesE+W

(1)The Protection of Children Act 1978 (c. 37) is amended as follows.

(2)In section 1B(1)(b) (exception for members of the Security Service)—

(a)after “Security Service” insert “ or the Secret Intelligence Service ”;

(b)for “the Service” substitute “ that Service ”.

(3)After section 7(4) (meaning of photograph), insert—

(4A)References to a photograph also include—

(a)a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)which is not itself a photograph or pseudo-photograph, but

(ii)which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(4)In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

70Indecent photographs of children: Northern IrelandE+W

(1)The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.

(2)In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

(3)After Article 2(2) insert—

(2A)In this Order, references to a photograph also include—

(a)a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)which is not itself a photograph or pseudo-photograph, but

(ii)which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(4)In article 3A(1)(b) (exception for members of the Security Service)—

(a)after “Security Service” insert “ or the Secret Intelligence Service ”;

(b)for “the Service” substitute “ that Service ”.

71Maximum penalty for publication etc. of obscene articlesE+W

In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum penalty on indictment for publication etc. of obscene articles) for “three years” substitute “ five years ”.

Annotations:

Commencement Information

I56S. 71 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(g)

Sexual offencesE+W

72Offences committed outside the United KingdomE+W

(1)For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—

72Offences outside the United Kingdom

(1)If—

(a)a United Kingdom national does an act in a country outside the United Kingdom, and

(b)the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,

the United Kingdom national is guilty in that part of the United Kingdom of that sexual offence.

(2)If—

(a)a United Kingdom resident does an act in a country outside the United Kingdom,

(b)the act constitutes an offence under the law in force in that country, and

(c)the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,

the United Kingdom resident is guilty in that part of the United Kingdom of that sexual offence.

(3)If—

(a)a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

(b)the act constituted an offence under the law in force in that country,

(c)the act, if done in England and Wales or Northern Ireland, would have constituted a sexual offence to which this section applies, and

(d)the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in that part of the United Kingdom for that sexual offence as if the person had done the act there.

(4)The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5)An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.

(6)The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

(b)showing the grounds for that opinion, and

(c)requiring the prosecution to prove that it is met.

(7)But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).

(8)In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(9)In this section—

(10)Schedule 2 lists the sexual offences to which this section applies.

(2)Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.

(3)In paragraph 1 (offences under the law of England and Wales)—

(a)for paragraphs (a) and (b) substitute—

(a)an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;

(b)an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;;

(b)in paragraph (c), for “16” substitute “ 18 ”; and

(c)in paragraph (d), omit “in relation to a photograph or pseudo-photograph showing a child under 16”.

(4)In paragraph 2 (offences under the law of Northern Ireland)—

(a)in sub-paragraph (1)(c)(iv), for “17” substitute “ 18 ”; and

(b)in sub-paragraph (2), for “17” substitute “ 18 ”.

Annotations:

Commencement Information

I57S. 72 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 34

73Grooming and adoptionE+W

Schedule 15—

(a)amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.),

(b)amends that Act in relation to adoption, and

(c)amends the Adoption Act 1976 (c. 36) in relation to offences under sections 64 and 65 of the Sexual Offences Act 2003.

Annotations:

Commencement Information

I58S. 73 partly in force; s. 73 not in force at Royal Assent; s. 73 in force for certain purposes at 8.7.2008, see s. 153(2)(e)(3)

I59S. 73 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 35

Hatred on the grounds of sexual orientationE+W

74Hatred on the grounds of sexual orientationE+W

Schedule 16—

(a)amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation, and

(b)makes minor amendments of that Part.

Annotations:

Commencement Information

I60 S. 74 partly in force at Royal Assent, see s. 153(1)(j)(3)

I61S. 74 in force at 23.3.2010 in so far as not already in force by S.I. 2010/712, art. 2(a)

Offences relating to nuclear material and nuclear facilitiesE+W

75Offences relating to the physical protection of nuclear material and nuclear facilitiesE+W

(1)Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create—

(a)further offences relating to the physical protection of nuclear material, and

(b)offences relating to the physical protection of nuclear facilities,

and makes other amendments to that Act.

(2)Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).

Annotations:

Commencement Information

I62S. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(i)

Self-defence etc.E+W+N.I.

76Reasonable force for purposes of self-defence etc.E+W+N.I.

(1)This section applies where in proceedings for an offence—

(a)an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and

(b)the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.

(2)The defences are—

(a)the common law defence of self-defence; [F41and]

[F42(aa)the common law defence of defence of property; and]

(b)the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).

(3)The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.

(4)If D claims to have held a particular belief as regards the existence of any circumstances—

(a)the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but

(b)if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not—

(i)it was mistaken, or

(ii)(if it was mistaken) the mistake was a reasonable one to have made.

(5)But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.

[F43(5A)In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.]

(6)[F44In a case other than a householder case,] the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.

[F45(6A)In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.]

(7)In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—

(a)that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and

(b)that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.

(8)[F46Subsection (7) is] [F46Subsections (6A) and (7) are] not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).

[F47(8A)For the purposes of this section “a householder case” is a case where—

(a)the defence concerned is the common law defence of self-defence,

(b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c)D is not a trespasser at the time the force is used, and

(d)at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B)Where—

(a)a part of a building is a dwelling where D dwells,

(b)another part of the building is a place of work for D or another person who dwells in the first part, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C)Where—

(a)a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b)another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F)In subsections (8A) to (8C)—

(9)This section [F48, except so far as making different provision for householder cases,] is intended to clarify the operation of the existing defences mentioned in subsection (2).

(10)In this section—

(a)legitimate purpose” means—

(i)the purpose of self-defence under the common law, [F49or]

[F50(ia)the purpose of defence of property under the common law, or]

(ii)the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);

(b)references to self-defence include acting in defence of another person; and

(c)references to the degree of force used are to the type and amount of force used.

Annotations:

Amendments (Textual)

F41Word in s. 76(2)(a) omitted (E.W. and in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F42S. 76(2)(aa) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F43S. 76(5A) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(2), 61(11)(b)(15)(16) (with s. 43(6))

F44Words in s. 76(6) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(3), 61(11)(b)(15)(16) (with s. 43(6))

F45S. 76(6A) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(3), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F46Words in s. 76(8) substituted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(4), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F47S. 76(8A)-(8F) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(4), 61(11)(b)(15)(16) (with s. 43(6))

F48Words in s. 76(9) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(5), 61(11)(b)(15)(16) (with s. 43(6))

F49Word in s. 76(10)(a) omitted (E.W. and in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F50S. 76(10)(a)(ia) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

Modifications etc. (not altering text)

C1S. 76(8B)-(8F) applied (with modifications) by Dangerous Dogs Act 1991 (c. 65), s. 3(1B) (as inserted (E.W.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 106(2)(b), 185(1); S.I. 2014/949, art. 3, Sch. para. 6)

Commencement Information

I63S. 76 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 36

Unlawfully obtaining etc. personal dataE+W+S+N.I.

77Power to alter penalty for unlawfully obtaining etc. personal dataE+W+S+N.I.

(1)The Secretary of State may by order provide for a person who is guilty of an offence under section 55 of the Data Protection Act 1998 (c. 29) (unlawful obtaining etc. of personal data) to be liable—

(a)on summary conviction, to imprisonment for a term not exceeding the specified period or to a fine not exceeding the statutory maximum or to both,

(b)on conviction on indictment, to imprisonment for a term not exceeding the specified period or to a fine or to both.

(2)In subsection (1)(a) and (b) “specified period” means a period provided for by the order but the period must not exceed—

(a)in the case of summary conviction, 12 months (or, in Northern Ireland, 6 months), and

(b)in the case of conviction on indictment, two years.

(3)The Secretary of State must ensure that any specified period for England and Wales which, in the case of summary conviction, exceeds 6 months is to be read as a reference to 6 months so far as it relates to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' courts from 6 to 12 months for certain offences triable either way).

(4)Before making an order under this section, the Secretary of State must consult—

(a)the Information Commissioner,

(b)such media organisations as the Secretary of State considers appropriate, and

(c)such other persons as the Secretary of State considers appropriate.

(5)An order under this section may, in particular, amend the Data Protection Act 1998.

Prospective

78New defence for purposes of journalism and other special purposesE+W

In section 55(2) of the Data Protection Act 1998 (c. 29) (defences against offence of unlawfully obtaining etc. personal data) after “it,” at the end of paragraph (c) insert—

(ca)that he acted—

(i)for the special purposes,

(ii)with a view to the publication by any person of any journalistic, literary or artistic material, and

(iii)in the reasonable belief that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest,.

BlasphemyE+W

79Abolition of common law offences of blasphemy and blasphemous libelE+W

(1)The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.

(2)In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.

(3)In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.

(4)Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.

Part 6 E+W+S+N.I.International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member StatesE+W+N.I.

80Requests to other member States: England and WalesE+W

(1)In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums imposed on conviction) in paragraph 38 (the range of further steps available against defaulters)—

(a)after sub-paragraph (1)(e) insert—

(f)subject to sub-paragraph (4), issuing a certificate requesting enforcement under the Framework Decision on financial penalties;, and

(b)after sub-paragraph (3) insert—

(4)A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where—

(a)the sum due is a financial penalty within the meaning of section 80 of the Criminal Justice and Immigration Act 2008, and

(b)it appears to the fines officer or the court that P is normally resident, or has property or income, in a member State other than the United Kingdom.

(5)In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.

(2)The designated officer for a magistrates' court may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—

(a)a person is required to pay a financial penalty,

(b)the penalty is not paid in full within the time allowed for payment,

(c)there is no appeal outstanding in relation to the penalty,

(d)Schedule 5 to the Courts Act 2003 (c. 39) does not apply in relation to the enforcement of the penalty, and

(e)it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.

(3)For the purposes of subsection (2)(c), there is no appeal outstanding in relation to a financial penalty if—

(a)no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or

(b)such an appeal has been brought but the proceedings on appeal have been concluded.

(4)Where the person required to pay the financial penalty is a body corporate, subsection (2)(e) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.

(5)In this section, “financial penalty” means—

(a)a fine imposed by a court in England and Wales on a person's conviction of an offence;

(b)any sum payable under a compensation order (within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6));

[F51(ba)any sum payable under a slavery and trafficking reparation order (within the meaning of section 8 of the Modern Slavery Act 2015);]

(c)a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);

(d)any sum payable under any such order as is mentioned in paragraphs 1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (orders for payment of costs);

(e)any sum payable by virtue of section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay fines etc.);

(f)any fine or other sum mentioned in section 82(4)(b)(i) to (iv), or any fine imposed by a court in Scotland, which is enforceable in a local justice area in England and Wales by virtue of section 91 of the Magistrates' Courts Act 1980 (c. 43);

(g)any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.

Annotations:

Amendments (Textual)

Commencement Information

I64S. 80 in force at 1.10.2009 by S.I. 2009/2606, art. 2(a)

81Procedure on issue of certificate: England and WalesE+W

(1)This section applies where—

(a)a magistrates' court or a fines officer has, under paragraph 39(3)(b) or 40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate requesting enforcement under the Framework Decision on financial penalties, or

(b)the designated officer for a magistrates' court has issued such a certificate under section 80(2) of this Act.

(2)The [F52the relevant officer] must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.

[F53(2A)The “relevant officer” means—

(a)the fines officer (in the case of a certificate issued by the officer), or

(b)the designated officer for the magistrates’ court (in any other case).]

(3)On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.

[F54(4)Subsections (4A) to (4C) apply where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3).

(4A)No further steps to enforce the decision may be taken in England and Wales unless—

(a)an event mentioned in Article 15(2)(a) of the Framework Decision on financial penalties occurs in relation to the decision, or

(b)the relevant officer or the Lord Chancellor informs the central authority or competent authority as mentioned in subsection (4C)(b).

(4B)The relevant officer or the Lord Chancellor must inform the central authority or competent authority without delay if the officer receives any sum of money which the person concerned has paid voluntarily in respect of the decision requiring payment of the financial penalty.

(4C)The relevant officer or the Lord Chancellor must inform the central authority or competent authority forthwith of any decision or measure as a result of which the decision requiring payment of the financial penalty—

(a)ceases to be enforceable, or

(b)is withdrawn from the competent authority for any other reason.]

(5)Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.

82Requests to other member States: Northern IrelandN.I.

(1)A designated officer of the [F55Department of Justice] may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—

(a)a person is required to pay a financial penalty,

(b)the penalty is not paid in full within the time allowed for payment,

(c)there is no appeal outstanding in relation to the penalty, and

(d)it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.

(2)For the purposes of subsection (1)(c), there is no appeal outstanding in relation to a financial penalty if—

(a)no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or

(b)such an appeal has been brought but the proceedings on appeal have been concluded.

(3)Where the person required to pay the financial penalty is a body corporate, subsection (1)(d) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.

(4)In this section—

(a)designated officer of the [F56Department of Justice]” means a [F57civil servant in the Department of Justice] designated by the [F58Department of Justice] for the purposes of this section;

(b)financial penalty” means—

(i)a fine imposed by a court in Northern Ireland on a person's conviction of an offence;

(ii)any sum payable under a compensation order (within the meaning of Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.1994/2795 (N.I.15));

(iii)any sum payable under an order made under section 2(1), 4(1) or 5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);

(iv)any sum payable by virtue of Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9) (orders requiring parents to pay fines etc.);

(v)any fine or other sum mentioned in section 80(5)(a) to (e), or any fine imposed by a court in Scotland, which is enforceable F59... in Northern Ireland by virtue of Article 96 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26));

(vi)any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the [F60Department of Justice].

83Procedure on issue of certificate: Northern IrelandN.I.

(1)This section applies where a designated officer has issued a certificate under section 82(1).

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F62The Department of Justice must give the documents mentioned in subsection (3A)] to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.

[F63(3A)The documents are—

(a)the certificate;

(b)a certified copy of the decision requiring payment of the financial penalty.]

[F64(4)Subsections (4A) to (4C) apply where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3).

(4A)No further steps to enforce the decision may be taken in Northern Ireland unless—

(a)an event mentioned in Article 15(2)(a) of the Framework Decision on financial penalties occurs in relation to the decision, or

(b)the designated officer or the Department of Justice informs the central authority or competent authority as mentioned in subsection (4C)(b).

(4B)The designated officer or the Department of Justice must inform the central authority or competent authority without delay if the officer receives any sum of money which the person concerned has paid voluntarily in respect of the decision requiring payment of the financial penalty.

(4C)The designated officer or the Department of Justice must inform the central authority or competent authority forthwith of any decision or measure as a result of which the decision requiring payment of the financial penalty—

(a)ceases to be enforceable, or

(b)is withdrawn from the competent authority for any other reason.]

(5)Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.

Recognition of financial penalties: requests from other member States E+W+N.I.

84Requests from other member States: England and WalesE+W

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

[F65(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(b)the financial penalty is suitable for enforcement in England and Wales (see section 91(1)).

(2)If the certificate states that the person required to pay the financial penalty is normally resident in England and Wales, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for the local justice area in which it appears that the person is normally resident.

(3)Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for such local justice area as appears appropriate.

(4)Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the designated officer a notice—

(a)stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and

(b)giving reasons for that opinion.

(5)Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the local justice area in which it appears that the person is normally resident were a reference to the local justice area in which it appears that the person has its registered office.

(6)Where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b)without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,

this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.

[F66(7)Where the documents mentioned in subsection (1)(a) are given to the Lord Chancellor by the Department of Justice under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.]

85Procedure on receipt of certificate by designated officerE+W+N.I.

(1)This section applies where the Lord Chancellor gives the designated officer for a local justice area—

[F67(a)a decision, or a certified copy of a decision, requiring payment of a financial penalty,

(b)a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(c)a notice under section 84(4).

(2)The designated officer must refer the matter to a magistrates' court acting for that area.

(3)The magistrates' court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).

(4)The designated officer must inform the Lord Chancellor of the decision of the magistrates' court.

[F68(4A)If the magistrates’ court is of the view that one or more of the grounds for refusal mentioned in paragraphs A1, 2A and 6 of Schedule 19 may apply, the designated officer for the magistrates’ court or the Lord Chancellor must, before the magistrates’ court takes a decision under subsection (3)—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

(5)Subsection (6) applies unless the magistrates' court is satisfied that one or more of the grounds for refusal apply.

(6)The enactments specified in subsection (7) apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates' court on the date when the court made the decision mentioned in subsection (4).

(7)The enactments specified in this subsection are—

(a)Part 3 of the Magistrates' Courts Act 1980 (c. 43) (satisfaction and enforcement);

(b)Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc. and discharge of fines etc. by unpaid work);

(c)any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under the enactments specified in paragraphs (a) and (b).

[F69(7A)But any power of a magistrates’ court to impose a relevant alternative sanction in connection with a default in paying the financial penalty—

(a)may be exercised only if its exercise is authorised by the certificate, and

(b)is subject to any provision of the certificate specifying the maximum level of sanction that may be imposed.

(7B)“Any power of a magistrates’ court to impose a relevant alternative sanction” means any of the following powers conferred on a magistrates’ court by virtue of subsection (6)—

(a)the power under section 76 of the Magistrates’ Courts Act 1980 to issue a warrant committing a person to prison;

(b)the power under Schedule 6 to the Courts Act 2003 to make an order requiring a person to perform unpaid work;

(c)the power under section 300 of the Criminal Justice Act 2003 to order a person to comply with an unpaid work requirement, a curfew requirement or an attendance centre requirement;

(d)the power under section 301 of that Act to order a person to be disqualified for holding or obtaining a driving licence;

(e)the power under section 39 of this Act to order a person aged under 18 to comply with an unpaid work requirement, a curfew requirement or an attendance centre requirement.]

[F70(7C)If the person required to pay the financial penalty to which the certificate relates provides evidence that all or part of the penalty has been paid in any State, the designated officer for the magistrates’ court or the Lord Chancellor must—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

[F71(8)If—

(a)the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid,

(b)the Lord Chancellor is informed, in accordance with Article 15(3) of that Decision, that all or part of the financial penalty has been paid, or

(c)the magistrates’ court is satisfied, having regard to evidence provided as mentioned in subsection (7C) and following consultation under that subsection, that all or part of the financial penalty has been paid in any State,

the references in subsections (6) and (7A) to the financial penalty are to be read as references to so much of the penalty as remains unpaid (and, accordingly, if none of the penalty remains unpaid, subsection (6) ceases to have effect in relation to the penalty).]

86Modification of Magistrates' Courts Act 1980 [F72etc]E+W+N.I.

(1)Section 90 of the Magistrates' Courts Act 1980 is modified as follows in its application to financial penalties by virtue of section 85(6) of this Act.

(2)Subsection (1) applies as if for the words from “he is residing” to the end of that subsection there were substituted he is residing, or has property or a source of income, in any petty sessions district in Northern Ireland—

(a)the court or the fines officer (as the case may be) may order that payment of the sum shall be enforceable in that petty sessions district, and

(b)if such an order is made, the court or the fines officer must notify the Lord Chancellor.

[F73(3)Where a transfer of fine order is made under section 90 of the Magistrates’ Courts Act 1980 as applied by section 85(6) of this Act—

(a)subsections (6A) to (7) of section 88 of this Act apply in relation to the powers conferred by Article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (transfer of fines to Northern Ireland) as a result of the order as they apply in relation to the powers conferred on a magistrates’ court by virtue of section 88(6) of this Act, and

(b)for this purpose—

(i)references in those subsections to the financial penalty are to be treated as references to the financial penalty to which the order relates, and

(ii)references in those subsections to the certificate are to be treated as references to the certificate by virtue of which the order is made.]

87Requests from other member States: Northern IrelandN.I.

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the [F74Department of Justice]

[F75(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(b)the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).

F76(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F77... the [F78Department of Justice] must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions F77....

(4)Where the [F79Department of Justice] acts under subsection F80... (3), the [F79Department of Justice] must also give the clerk of petty sessions a notice—

(a)stating whether the [F79Department of Justice] thinks that any of the grounds for refusal apply (see section 91(2)), and

(b)giving reasons for that opinion.

F81(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and

(b)without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the [F82Department of Justice],

this section applies as if the competent authority or central authority of the other member State gave the documents to the [F82Department of Justice].

[F83(7)Where the documents mentioned in subsection (1)(a) are given to the Department of Justice by the Lord Chancellor under section 90A, this section applies as if the competent authority or central authority of the other member State gave the documents to the Department of Justice.]

Annotations:

Amendments (Textual)

Commencement Information

I71S. 87 in force at 1.10.2009 by S.I. 2009/2606, art. 2(h)

88Procedure on receipt of certificate by clerk of petty sessionsN.I.

(1)This section applies where the [F84Department of Justice] gives the clerk of petty sessions F85... —

[F86(a)a decision, or a certified copy of a decision, requiring payment of a financial penalty,

(b)a certificate requesting enforcement under the Framework Decision on financial penalties, and]

(c)a notice under section 87(4).

(2)The clerk must refer the matter to a magistrates' court F87... .

(3)The magistrates' court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).

(4)The clerk must inform the [F88Department of Justice] of the decision of the magistrates' court.

[F89(4A)If the magistrates’ court is of the view that one or more of the grounds for refusal mentioned in paragraphs A1, 2A and 6 of Schedule 19 may apply, the designated officer for the magistrates’ court or the Department of Justice must, before the magistrates’ court takes a decision under subsection (3)—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

(5)Subsection (6) applies unless the magistrates' court is satisfied that one or more of the grounds for refusal apply.

(6)Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)), and any instrument made under that Part, apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates' court on the date when the court made the decision mentioned in subsection (4).

[F90(6A)But any power of a magistrates’ court to impose a relevant alternative sanction in connection with a default in paying the financial penalty—

(a)may be exercised only if its exercise is authorised by the certificate, and

(b)is subject to any provision of the certificate specifying the maximum level of sanction that may be imposed.

(6B)“Any power of a magistrates’ court to impose a relevant alternative sanction” means any of the following powers conferred on a magistrates’ court by virtue of subsection (6)—

(a)the power under Article 92(1)(b) or (c) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 12)) to issue a warrant committing a person to prison;

(b)the power under Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9) to make an attendance centre order;

(c)the power under Article 48 of the Criminal Justice (Children) (Northern Ireland) Order 1998 to commit a person aged 16 to 18 to custody in a young offenders’ institution.]

[F91(6C)If the person required to pay the financial penalty to which the certificate relates provides evidence that all or part of the penalty has been paid in any State, the designated officer for the magistrates’ court or the Department of Justice must—

(a)consult the competent authority or central authority concerned, and

(b)request the authority to supply without delay any further information required.]

[F92(7)If—

(a)the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid,

(b)the Department of Justice is informed, in accordance with Article 15(3) of that Decision, that all or part of the financial penalty has been paid, or

(c)the magistrates’ court is satisfied, having regard to evidence provided as mentioned in subsection (6C) and following consultation under that subsection, that all or part of the financial penalty has been paid in any State,

the references in subsections (6) and (6A) to the financial penalty are to be read as references to so much of the penalty as remains unpaid (and, accordingly, if none of the penalty remains unpaid, subsection (6) ceases to have effect in relation to the penalty).]

Annotations:

Amendments (Textual)

Commencement Information

I72S. 88 in force at 1.10.2009 by S.I. 2009/2606, art. 2(i)

89Modification of Magistrates' Courts (Northern Ireland) Order 1981 [F93etc] N.I.

(1)Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 is modified as follows in its application to financial penalties by virtue of section 88(6) of this Act.

(2)Article 92 applies in relation to any financial penalty for an amount exceeding £20,000 as if for paragraph (5) there were substituted—

(5)The period for which a person may be committed to prison under this Article in default of payment or levy of any sum or part of such sum shall not exceed the maximum period which the Crown Court could have fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 had the financial penalty been a fine imposed by the Crown Court.

(3)For the purposes of subsection (2), if the amount of a financial penalty is specified in a currency other than sterling, that amount must be converted to sterling by reference to the London closing exchange rate on the relevant date.

(4)In subsection (3), the “relevant date” means the date on which the decision imposing the financial penalty was made.

(5)Article 95 applies as if for the words from “he is residing” in paragraph (1) to the end of that paragraph there were substituted he is residing, or has property or a source of income, in any local justice area in England and Wales—

(a)the court may order that payment of the sum shall be enforceable in that local justice area, and

(b)if such an order is made, the court must notify the [F94Department of Justice] .

[F95(6)Where a transfer of fine order is made under Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 as applied by section 88(6) of this Act—

(a)subsections (7A) to (8) of section 85 of this Act apply in relation to the powers conferred by section 91 of the Magistrates’ Courts Act 1980 (transfer of fines from Northern Ireland) as a result of the order as they apply in relation to the powers conferred on a magistrates’ court by virtue of section 85(6) of this Act, and

(b)for this purpose—

(i)references in those subsections to the financial penalty are to be treated as references to the financial penalty to which the order relates, and

(ii)references in those subsections to the certificate are to be treated as references to the certificate by virtue of which the order is made.]

90Transfer of certificates to central authority for ScotlandE+W+N.I.

(1)This section applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor [F96or the Department of Justice]

[F97(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, but]

[F98(b)the financial penalty is not suitable for enforcement in England and Wales or Northern Ireland for the purposes of section 84(1) or 87(1).]

(2)If the certificate states that the person is normally resident or has property or a source of income in Scotland, the [F99documents must be given to the central authority for Scotland—

(a)in a case to which paragraph 6 of Schedule 18 applies, by the Lord Chancellor;

(b)in a case to which paragraph 7 of Schedule 18 applies, by the Department of Justice;

(c)in any other case, by whoever was given the documents by the competent authority or central authority of the other member State].

[F10090ATransfer of certificates by Department of Justice to Lord Chancellor and vice versaE+W+N.I.

(1)Subsection (2) applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Department of Justice—

[F101(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, or]

(b)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Department of Justice.

(2)The Department of Justice must give the documents to the Lord Chancellor if—

(a)it is a case to which paragraph 6 of Schedule 18 applies, or

(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1).

(3)Subsection (4) applies where—

(a)the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—

[F102(i)a decision, or a certified copy of a decision, requiring payment of a financial penalty, and

(ii)a certificate requesting enforcement under the Framework Decision on financial penalties, or]

(b)the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in paragraph (a) and the central authority for Scotland, without taking any action to enforce the financial penalty in Scotland, gives the documents to the Lord Chancellor.

(4)The Lord Chancellor must give the documents to the Department of Justice if—

(a)it is a case to which paragraph 7 of Schedule 18 applies, or

(b)other than by virtue of that paragraph, the financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).]

Recognition of financial penalties: miscellaneousE+W+N.I.

91Recognition of financial penalties: generalE+W+N.I.

(1)Schedule 18 specifies when a financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1) and when a financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).

(2)Schedule 19 specifies the grounds for refusal for the purposes of sections 84(4)(a), 85(3) [F103, (4A)] and (5), 87(4)(a) and 88(3) [F103, (4A)] and (5).

(3)The Lord Chancellor may by order make further provision for or in connection with giving effect to the Framework Decision on financial penalties.

(4)An order under section F104... or subsection (3) of this section may in particular modify, amend, repeal or revoke any provision of—

(a)any Act (including this Act and any Act passed in the same Session as this Act);

(b)subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act;

(c)Northern Ireland legislation passed, or made, before the passing of this Act;

(d)any instrument made, before the passing of this Act, under Northern Ireland legislation.

[F105(5)In the application of this section to Northern Ireland, in subsection (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.]

92Interpretation of sections 80 to 91 etc.E+W+N.I.

(1)In sections 80 to 91 and Schedules 18 and 19—

(2)In sections 84 to 91 and Schedules 18 and 19—

(3)References in sections 80 to 91 to a certificate requesting enforcement under the Framework Decision on financial penalties are references to such a certificate as is provided for by Article 4 of that Decision.

Repatriation of prisonersE+W+S+N.I.

93Delivery of prisoner to place abroad for purposes of transfer out of the United KingdomE+W

In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—

(1)The effect of a warrant under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—

(a)the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or

(b)the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person.

(1A)In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.

Annotations:

Commencement Information

I77S. 93 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 37

94Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant MinisterE+W

After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—

Transfer of responsibility for detention and release of offender present outside the country or territory in which he is required to be detainedE+W
4AIssue of warrant transferring responsibility for detention and release of offender

(1)This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands.

(2)A person falls within this subsection if that person—

(a)is a person to whom section 1(7) applies by virtue of—

(i)an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or

(ii)any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and

(b)is present in a country or territory outside the British Islands.

(3)A person falls within this subsection if that person—

(a)is a person to whom section 1(7) applies by virtue of —

(i)an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or

(ii)any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

(b)is present in the United Kingdom.

(4)Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7).

(5)Subject to the following provisions of this section, where—

(a)the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of responsibility for the detention and release of persons to whom subsection (2) or (3) applies,

(b)the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and

(c)in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person's consent, that consent has been given,

the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from that Minister (where subsection (2) applies) or to that Minister (where subsection (3) applies).

(6)The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless—

(a)that person is a British citizen;

(b)the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom.

(7)The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place.

(8)The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language—

(a)of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release;

(b)of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section;

(c)in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release;

(d)in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and

(e)of the powers of the relevant Minister under section 6;

and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant.

(9)A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3).

(10)In this section “relevant Minister” means—

(a)the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is—

(i)a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or

(ii)a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland;

(b)the Secretary of State, in any other case.

4BTransfer of responsibility from the United Kingdom

(1)The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present.

(2)Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained.

(3)If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction—

(a)varying the order referred to in subsection (2); or

(b)providing for the order to cease to have effect.

(4)In subsection (3) “relevant Minister” means—

(a)the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and

(b)the Secretary of State in any other case.

(5)The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction—

(a)to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and

(b)to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b).

(6)Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person—

(a)at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and

(b)if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect.

(7)In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6).

(8)References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.

4CTransfer of responsibility to the United Kingdom

(1)The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise—

(a)the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and

(b)the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred.

(2)A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say—

(a)it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and

(b)it is a provision which at the time the warrant is issued may be contained in an order made either—

(i)in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or

(ii)otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i).

(3)Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person's case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom.

(4)Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).

(5)A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a).

(6)Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section.

(7)Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A.

(8)For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both—

(a)any requirement that certain conditions must be satisfied before the order is made; and

(b)any restriction on the minimum period in respect of which the order may be made.

Annotations:

Commencement Information

I78S. 94 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 38

95Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984E+W

After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by section 94) insert—

Persons believed to fall within section 4A(3): powers of arrest and detentionE+W
4DArrest and detention with a view to establishing whether a person falls within section 4A(3) etc.

(1)The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—

(a)considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and

(b)has requested written confirmation from the country or territory concerned of the details of that person's case.

(2)The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

(3)The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

(4)The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).

(5)A person arrested under this section shall, as soon as is practicable—

(a)be given a copy of the warrant for his arrest; and

(b)be brought before the appropriate judge.

(6)The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.

(7)The purpose of an order under subsection (6) is to secure the detention of the person concerned while—

(a)written confirmation is obtained from a representative of the country or territory concerned of the details of his case;

(b)it is established whether he is a person falling within section 4A(3); and

(c)any application for an order under section 4E(6) is made in respect of him.

(8)Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

(9)Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.

(10)It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.

4EArrest and detention with a view to determining whether to issue a warrant under section 4A

(1)The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—

(a)considers that a person in the United Kingdom is a person falling within section 4A(3), and

(b)has received written confirmation from a representative of the country or territory concerned of the details of that person's case;

and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.

(2)The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

(3)The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

(4)The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).

(5)A person arrested under this section shall, as soon as is practicable—

(a)be given a copy of the warrant for his arrest; and

(b)be brought before the appropriate judge.

(6)The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who—

(a)is the subject of a certificate under this section, and

(b)the judge is satisfied is a person falling within section 4A(3),

shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.

(7)The purpose of an order under subsection (6) is to secure the detention of the person concerned until—

(a)it is determined whether to issue a warrant under section 4A; and

(b)if so determined, such a warrant is issued.

(8)Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

(9)Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.

(10)It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.

4FSections 4D and 4E: supplementary provisions

(1)This section has effect for the purposes of sections 4D and 4E.

(2)A “designated person” is a person designated by the Secretary of State or the Scottish Ministers.

(3)The appropriate judge is—

(a)in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;

(b)in Scotland, the sheriff of Lothian and Borders; and

(c)in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

(4)A designation under subsection (2) or (3)(a) or (c) may be made—

(a)for the purposes of section 4D or 4E (or both); and

(b)for all cases or only for cases (or cases of a description) specified in the designation.

(5)A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.

Annotations:

Commencement Information

I79S. 95 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 39

96Amendments relating to ScotlandE+W+S+N.I.

(1)The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.

(2)In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.

(3)In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—

enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;.

Annotations:

Commencement Information

I80S. 96 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 40

Mutual legal assistance in revenue mattersE+W

97Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxationE+W

(1)In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—

(a)in paragraph (a), for “Commissioners of Customs and Excise” substitute “ Commissioners for Revenue and Customs ”; and

(b)in paragraph (b), for “a customs officer” substitute “ an officer of Revenue and Customs ”.

(2)Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.

Annotations:

Commencement Information

I81S. 97 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 41

Part 7 E+W+S+N.I.Violent offender orders

Violent offender ordersE+W

98Violent offender ordersE+W

(1)A violent offender order is an order made in respect of a qualifying offender which—

(a)contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and

(b)has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).

(2)For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

(a)the public in the United Kingdom, or

(b)any particular members of the public in the United Kingdom,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

(3)In this Part “specified offence” means—

(a)manslaughter;

(b)an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);

(c)an offence under section 18 of that Act (wounding with intent to cause grievous bodily harm);

(d)an offence under section 20 of that Act (malicious wounding);

(e)attempting to commit murder or conspiracy to commit murder; or

(f)a relevant service offence.

(4)The following are relevant service offences—

(a)any offence under—

(i)section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii)section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(iii)section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and

(b)any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.

(5)Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).

[F108(6)The Secretary of State may by order—

(a)amend subsection (3);

(b)make consequential amendments to subsection (4).]

Annotations:

Amendments (Textual)

Commencement Information

I82S. 98 in force at 3.8.2009 by S.I. 2009/1842, art. 2(a)

99Qualifying offendersE+W

(1)In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).

(2)A person is within this subsection if (whether before or after the commencement of this Part)—

(a)the person has been convicted of a specified offence and either—

(i)a custodial sentence of at least 12 months was imposed for the offence, or

(ii)a hospital order was made in respect of it (with or without a restriction order),

(b)the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or

(c)the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.

(3)This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—

(a)a hospital order (with or without a restriction order), or

(b)a supervision order.

(4)A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—

(a)the person has been convicted of a relevant offence and either—

(i)a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or

(ii)an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or

(c)such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).

(5)In subsection (4) “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted a specified offence[F109, or the offence of murder,] if it had been done in England and Wales.

(6)An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.

(7)Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—

(a)denying that, on the facts as alleged with respect to the act in question, the condition is met,

(b)giving the reasons for denying that it is met, and

(c)requiring the applicant to prove that it is met.

(8)If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).

Annotations:

Amendments (Textual)

Commencement Information

I83S. 99 in force at 3.8.2009 by S.I. 2009/1842, art. 2(b)

100Applications for violent offender ordersE+W

(1)A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person—

(a)who resides in the chief officer's police area, or

(b)who the chief officer believes is in, or is intending to come to, that area,

if it appears to the chief officer that the conditions in subsection (2) are met.

(2)The conditions are—

(a)that the person is a qualifying offender, and

(b)that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.

(3)An application under this section may be made to any magistrates' court whose commission area includes—

(a)any part of the applicant's police area, or

(b)any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).

(4)The Secretary of State may by order make provision—

(a)for applications under this section to be made by such persons or bodies as are specified or described in the order;

(b)specifying cases or circumstances in which applications may be so made;

(c)for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.

(5)In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.

Annotations:

Commencement Information

I84S. 100 in force at 3.8.2009 by S.I. 2009/1842, art. 2(c)

101Making of violent offender ordersE+W

(1)This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).

(2)After hearing—

(a)the applicant, and

(b)P, if P wishes to be heard,

the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.

(3)The conditions are—

(a)that P is a qualifying offender, and

(b)that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.

(4)When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.

(5)A violent offender order may not be made so as to come into force at any time when P—

(a)is subject to a custodial sentence imposed in respect of any offence,

(b)is on licence for part of the term of such a sentence, or

(c)is subject to a hospital order or a supervision order made in respect of any offence.

(6)But such an order may be applied for, and made, at such a time.

Annotations:

Commencement Information

I85S. 101 in force at 3.8.2009 by S.I. 2009/1842, art. 2(d)

102Provisions that orders may containE+W

(1)A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—

(a)from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);

(b)from attending any specified event;

(c)from having any, or any specified description of, contact with any specified individual.

(2)Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).

(3)The Secretary of State may by order amend subsection (1).

(4)In this section “specified” means specified in the violent offender order concerned.

Annotations:

Commencement Information

I86S. 102 in force at 3.8.2009 by S.I. 2009/1842, art. 2(e)

103Variation, renewal or discharge of violent offender ordersE+W

(1)A person within subsection (2) may by complaint apply to the appropriate magistrates' court—

(a)for an order varying or discharging a violent offender order;

(b)for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.

(2)The persons are—

(a)the offender,

(b)the chief officer of police who applied for the order,

(c)(if different) the chief officer of police for the area in which the offender resides, and

(d)(if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.

(3)The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—

(a)a magistrates' court for the area in which the offender resides, or

(b)where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.

(4)On an application under this section the appropriate magistrates' court may, after hearing—

(a)the applicant, and

(b)any other persons mentioned in subsection (2) who wish to be heard,

make such order varying, renewing or discharging the violent offender order as the court considers appropriate.

But this is subject to subsections (5) to (7).

(5)A violent offender order may only be—

(a)renewed, or

(b)varied so as to impose additional prohibitions, restrictions or conditions on the offender,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).

(6)References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.

(7)The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—

(a)where the application under this section is made by a chief officer of police, by that chief officer, or

(b)where the application is made by the offender, by the chief officer of police for the area in which the offender resides.

Annotations:

Commencement Information

I87S. 103 in force at 3.8.2009 by S.I. 2009/1842, art. 2(f)

104Interim violent offender ordersE+W

(1)This section applies where an application under section 100 (“the main application”) has not yet been determined.

(2)An application for an order under this section (“an interim violent offender order”) may be made—

(a)by the complaint by which the main application is made, or

(b)if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.

(3)If it appears to the court—

(a)that the person to whom the main application relates (“P”) is a qualifying offender,

(b)that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and

(c)that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,

the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.

(4)The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.

(5)But an interim violent offender order may not be made so as to come into force at any time when the person—

(a)is subject to a custodial sentence for any offence,

(b)is on licence for part of the term of such a sentence, or

(c)is subject to a hospital order or a supervision order made in respect of any offence.

(6)An interim violent offender order—

(a)has effect only for such period as is specified in the order, and

(b)ceases to have effect (if it has not already done so) at the appropriate time.

(7)The appropriate time” means—

(a)if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;

(b)if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

(8)Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).

Annotations:

Commencement Information

I88S. 104 in force at 3.8.2009 by S.I. 2009/1842, art. 2(g)

105Notice of applicationsE+W

(1)This section applies to—

(a)any application under section 100 for a violent offender order,

(b)any application under section 104 for an interim violent offender order, and

(c)any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.

(2)A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—

(a)the application, and

(b)the time and place of the hearing,

a reasonable time before the hearing.

(3)In this section “the relevant person” means—

(a)the person to whom the application mentioned in subsection (1)(a) or (b) relates, or

(b)the person in respect of whom the order mentioned in subsection (1)(c) has been made,

as the case may be.

Annotations:

Commencement Information

I89S. 105 in force at 3.8.2009 by S.I. 2009/1842, art. 2(h)

106AppealsE+W

(1)A person in respect of whom—

(a)a violent offender order, or

(b)an interim violent offender order,

has been made may appeal to the Crown Court against the making of the order.

(2)Such a person may also appeal to the Crown Court against—

(a)the making of an order under section 103, or

(b)any refusal to make such an order.

(3)On an appeal under this section, the Crown Court—

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

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

(4)For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.

Annotations:

Commencement Information

I90S. 106 in force at 3.8.2009 by S.I. 2009/1842, art. 2(i)

Notification requirementsE+W

107Offenders subject to notification requirementsE+W

(1)References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—

(a)a violent offender order, or

(b)an interim violent offender order,

which is in force under this Part.

(2)Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).

Annotations:

Commencement Information

I91S. 107 in force at 3.8.2009 by S.I. 2009/1842, art. 2(j)

108Notification requirements: initial notificationE+W

(1)An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—

(a)the violent offender order, or

(b)the interim violent offender order,

comes into force in relation to the offender (“the relevant date”).

(2)The “required information” is the following information about the offender—

(a)date of birth;

(b)national insurance number;

(c)name on the relevant date or, if the offender used two or more names on that date, each of those names;

(d)home address on the relevant date;

(e)name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;

(f)home address on the date on which the notification is given;

(g)the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;

(h)any prescribed information.

(3)In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

(4)When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

(a)remanded in or committed to custody by an order of a court or kept in service custody;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)In this Part “home address” means in relation to the offender—

(a)the address of the offender's sole or main residence in the United Kingdom, or

(b)if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

Annotations:

Commencement Information

I92S. 108 in force at 3.8.2009 by S.I. 2009/1842, art. 2(k)

109Notification requirements: changesE+W

(1)An offender subject to notification requirements must notify to the police—

(a)the required new information, and

(b)the information mentioned in section 108(2),

within the period of 3 days beginning with the date on which any notifiable event occurs.

(2)A “notifiable event” means—

(a)the use by the offender of a name which has not been notified to the police under section 108 or this section;

(b)any change of the offender's home address;

(c)the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,

(d)any prescribed change of circumstances, or

(e)the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.

(3)The “required new information” is—

(a)the name referred to in subsection (2)(a),

(b)the new home address (see subsection (2)(b)),

(c)the address of the premises referred to in subsection (2)(c),

(d)the prescribed details, or

(e)the fact that the offender has been released as mentioned in subsection (2)(e),

as the case may be.

(4)A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

(5)If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(6)If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(7)Section 108(4) applies to the determination of—

(a)any period of 3 days for the purposes of subsection (1), or

(b)any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section 108(1).

(8)In this section—

(a)prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b)the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(9)In this section “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

Annotations:

Commencement Information

I93S. 109 in force at 3.8.2009 by S.I. 2009/1842, art. 2(l)

110Notification requirements: periodic notificationE+W

(1)An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.

(2)A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.

(3)Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

(4)This subsection applies if the offender is—

(a)remanded in or committed to custody by an order of a court or kept in service custody,

(b)serving a sentence of imprisonment or a term of service detention,

(c)detained in a hospital, or

(d)outside the United Kingdom.

(5)In this section “the applicable period” means—

(a)in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).

(7)Nothing in this section applies to an offender who is subject to an interim violent offender order.

Annotations:

Commencement Information

I94S. 110 in force at 3.8.2009 by S.I. 2009/1842, art. 2(m)

111Notification requirements: travel outside United KingdomE+W

(1)The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

(a)requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);

(b)requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender proposes to leave the United Kingdom;

(b)the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;

(c)any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

Annotations:

Commencement Information

I95S. 111 in force at 3.8.2009 by S.I. 2009/1842, art. 2(n)

112Method of notification and related mattersE+W

(1)An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—

(a)attending at any police station in the offender's local police area, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)An offender giving a notification under section 109(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to such premises as are mentioned in section 109(2)(c),

may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.

(3)Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

(a)in writing, and

(b)in such form as the Secretary of State may direct.

(4)Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—

(a)take the offender's fingerprints,

(b)photograph any part of the offender, or

(c)do both of those things,

in order to verify the offender's identity.

(5)In this section—

Annotations:

Commencement Information

I96S. 112 in force at 3.8.2009 by S.I. 2009/1842, art. 2(o)

SupplementaryE+W+S+N.I.

113OffencesE+W+S+N.I.

(1)If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—

(a)a violent offender order, or

(b)an interim violent offender order,

the person commits an offence.

(2)If a person fails, without reasonable excuse, to comply with—

(a)section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or

(b)any requirement imposed by regulations made under section 111(1),

the person commits an offence.

(3)If a person notifies to the police, in purported compliance with—

(a)section 108(1), 109(1) or 110(1), or

(b)any requirement imposed by regulations made under section 111(1),

any information which the person knows to be false, the person commits an offence.

(4)As regards an offence under subsection (2), so far as it relates to non-compliance with—

(a)section 108(1), 109(1) or 110(1), or

(b)any requirement imposed by regulations made under section 111(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

(5)But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

(6)A person guilty of an offence under this section is liable—

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

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

(7)In subsection (6)(a) “the relevant period” means—

(a)in relation to England and Wales and Scotland, 12 months;

(b)in relation to Northern Ireland, 6 months.

(8)Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Annotations:

Commencement Information

I97S. 113 in force at 3.8.2009 by S.I. 2009/1842, art. 2(p)

114Supply of information to Secretary of State etc.E+W

(1)This section applies to information notified to the police under section 108(1), 109(1) or 110(1).

(2)A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a)the Secretary of State, or

(b)a person providing services to the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

(3)In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

(a)checking its accuracy by comparing it with information held—

(i)where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or

(ii)where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and

(b)compiling a report of that comparison.

(4)Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

(5)This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).

(6)This section does not affect any power to supply information that exists apart from this section.

(7)In this section “relevant function” means—

(a)a function relating to social security, child support, employment or training,

(b)a function relating to passports, or

(c)a function under Part 3 of the Road Traffic Act 1988 (c. 52).

Annotations:

Commencement Information

I98S. 114 in force at 3.8.2009 by S.I. 2009/1842, art. 2(q)

115Supply of information by Secretary of State etc.E+W

(1)A report compiled under section 114 may be supplied to a chief officer of police by—

(a)the Secretary of State, or

(b)a person within section 114(2)(b).

(2)Such a report may contain any information held—

(a)by the Secretary of State in connection with the exercise of a relevant function, or

(b)by a person within section 114(2)(b) in connection with the provision of services as mentioned there.

(3)Where such a report contains information within subsection (2), the chief officer to whom it is supplied—

(a)may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and

(b)may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(4)Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.

Annotations:

Commencement Information

I99S. 115 in force at 3.8.2009 by S.I. 2009/1842, art. 2(r)

116Information about release or transferE+W

(1)This section applies to an offender subject to notification requirements who is—

(a)serving a sentence of imprisonment or a term of service detention, or

(b)detained in a hospital.

(2)The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

(a)of the fact that that person has become responsible for the offender; and

(b)of any occasion when—

(i)the offender is released, or

(ii)a different person is to become responsible for the offender.

(3)In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

(4)The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

Annotations:

Commencement Information

I100S. 116 in force at 3.8.2009 by S.I. 2009/1842, art. 2(s)

117Interpretation of Part 7E+W

(1)In this Part—

(2)The following are relevant service sentences—

(a)a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b)a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;

(c)a sentence under a custodial order within the meaning of—

(i)section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or

(ii)section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;

(d)a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).

(3)References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).

(4)References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

(5)References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.

(6)The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—

and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.

Annotations:

Commencement Information

I101S. 117 in force at 3.8.2009 by S.I. 2009/1842, art. 2(t)

Part 8 E+W+N.I.Anti-social behaviour

Premises closure ordersE+W

F110118Closure orders: premises associated with persistent disorder or nuisanceE+W

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

Annotations:

Amendments (Textual)

F110S. 118 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(hh) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

Nuisance or disturbance on hospital premisesE+W+N.I.

119Offence of causing nuisance or disturbance on NHS premisesE+W

(1)A person commits an offence if—

(a)the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,

(b)the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and

(c)the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

(2)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)For the purposes of this section—

(a)a person ceases to be on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

(b)a person is not on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

(4)In this section—

Annotations:

Amendments (Textual)

Commencement Information

I102S. 119(1)-(3) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(a)

I103S. 119(4) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(a)

120Power to remove person causing nuisance or disturbanceE+W

(1)If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.

(2)If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—

(a)remove the person from the NHS premises concerned, or

(b)authorise an appropriate NHS staff member to do so.

(3)Any person removing another person from NHS premises under this section may use reasonable force (if necessary).

(4)An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—

(a)the person to be removed requires medical advice, treatment or care for himself or herself, or

(b)the removal of the person would endanger the person's physical or mental health.

(5)In this section—

(6)Terms defined in section 119 have the same meaning in this section as in that section.

Annotations:

Commencement Information

I104S. 120(1)-(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(b)

I105S. 120(5)(6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(b)

121Guidance about the power to remove etc.E+W

(1)The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.

(2)Such guidance may, in particular, relate to—

(a)the authorisation by relevant NHS bodies of authorised officers,

(b)the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,

(c)training requirements for authorised officers and persons authorised by them to remove persons under section 120,

(d)matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,

(e)matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

(f)the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in section 120,

(g)the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,

(h)arrangements for ensuring that persons on NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or

(i)the keeping of records.

(3)Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.

(4)A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.

(5)In this section—

(6)Terms defined in section 119 have the same meaning in this section as in that section.

Annotations:

Commencement Information

I106S. 121(1)-(3) (5) (6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(c)

I107S. 121(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(c)

122Nuisance or disturbance on HSS premisesN.I.

Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.

Annotations:

Commencement Information

I108S. 122 in force at 22.6.2009 by S.R. 2009/243, art. 2(a)

Anti-social behaviour orders etc. in respect of children and young personsE+W

F112123Review of anti-social behaviour orders etc.E+W

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

Annotations:

Amendments (Textual)

Commencement Information

I109S. 123 in force at 1.2.2009 by S.I. 2009/140, art. 2(b)

F113124Individual support ordersE+W

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

Annotations:

Amendments (Textual)

Commencement Information

I110S. 124 in force at 1.2.2009 by S.I. 2009/140, art. 2(c)

Parenting contracts and parenting ordersE+W

125Parenting contracts and parenting orders: local authoritiesE+W

(1)Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.

(2)In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—

(aa)a district council in England;.

(3)In section 26B (parenting orders: registered social landlords)—

(a)in subsection (8), after “the local authority” insert “ (or, if subsection (8A) applies, each local authority) ”;

(b)after that subsection insert—

(8A)This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.;

(c)in subsection (10)(a), after “the local authority” insert “ (or authorities) ”.

(4)In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

(3A)Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—

(a)the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority's area;

(b)the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;

(c)the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.

(3B)For the purposes of subsection (3A)(b) and (c)—

(a)an individual's local authority is the local authority in whose area the individual resides or appears to reside; but

(b)if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual's local authority is to be read as a reference to either of those authorities.

Annotations:

Commencement Information

I111S. 125 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(b)

Part 9 E+WPolicing

Misconduct procedures etc.E+W

126Police misconduct and performance proceduresE+W

(1)Part 1 of Schedule 22—

(a)amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the conduct and performance of members of police forces and special constables, and

(b)makes other minor amendments to that Act.

(2)Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.

(3)Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.

Annotations:

Commencement Information

I112S. 126(1) in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 42

I113S. 126(1) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 9

I114S. 126(1)(3) in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(c)

I115S. 126(2) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(j)

127Investigation of complaints of police misconduct etc.E+W

Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further provision about the investigation of complaints of police misconduct and other matters.

Annotations:

Commencement Information

I116S. 127 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 10

I117S. 127 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(d)

Financial assistanceE+W

128Financial assistance under section 57 of Police Act 1996E+W

(1)After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—

(1A)The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.

(1B)Financial assistance under subsection (1)—

(a)may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and

(b)may be given subject to terms and conditions determined by the Secretary of State;

but any financial assistance under that subsection other than a grant requires the consent of the Treasury.

(1C)Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.

(1D)Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.

(2)Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.

InspectionE+W

129Inspection of police authoritiesE+W

In section 54 of the Police Act 1996 (c. 16) (appointment and functions of inspectors of constabulary) for subsection (2A) substitute—

(2A)The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, a police authority's performance of its functions or of any particular function or functions (including in particular its compliance with the requirements of Part 1 of the Local Government Act 1999 (best value)).

Annotations:

Commencement Information

I118S. 129 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 11

Prospective

Part 10E+W+S+N.I.Special immigration status

130DesignationE+W+S+N.I.

(1)The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).

(2)Condition 1 is that the person—

(a)is a foreign criminal within the meaning of section 131, and

(b)is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).

(3)Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.

(4)A person who has the right of abode in the United Kingdom may not be designated.

(5)The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—

(a)the United Kingdom's obligations under the Refugee Convention, or

(b)the person's rights under the [F114EU] treaties.

Annotations:

Amendments (Textual)

131“Foreign criminal”E+W+S+N.I.

(1)For the purposes of section 130 “foreign criminal” means a person who—

(a)is not a British citizen, and

(b)satisfies any of the following Conditions.

(2)Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).

(3)Condition 2 is that—

(a)section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and

(b)the person has been sentenced to a period of imprisonment.

(4)Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).

(5)Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.

(6)Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.

132Effect of designationE+W+S+N.I.

(1)A designated person does not have leave to enter or remain in the United Kingdom.

(2)For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—

(a)is a person subject to immigration control,

(b)is not to be treated as an asylum-seeker or a former asylum-seeker, and

(c)is not in the United Kingdom in breach of the immigration laws.

(3)Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.

(4)A designated person—

(a)shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and

(b)may not be granted temporary admission to the United Kingdom under paragraph 21 of that Schedule.

(5)Sections 134 and 135 make provision about support for designated persons and their dependants.

133ConditionsE+W+S+N.I.

(1)The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.

(2)A condition may relate to—

(a)residence,

(b)employment or occupation, or

(c)reporting to the police, the Secretary of State or an immigration officer.

(3)Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (electronic monitoring) shall apply in relation to conditions imposed under this section as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the Immigration Acts being treated as including a reference to this section).

(4)Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reporting restrictions: travel expenses) shall apply in relation to conditions imposed under subsection (2)(c) above as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971.

(5)A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.

(6)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale,

(b)imprisonment for a period not exceeding 51 weeks, or

(c)both.

(7)A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.

(8)In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

134SupportE+W+S+N.I.

(1)Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.

(2)But the following provisions of that Part shall not apply—

(a)section 96 (kinds of support),

(b)section 97(1)(b) (desirability of providing accommodation in well-supplied area),

(c)section 100 (duty to co-operate in providing accommodation),

(d)section 101 (reception zones),

(e)section 108 (failure of sponsor to maintain),

(f)section 111 (grants to voluntary organisations), and

(g)section 113 (recovery of expenditure from sponsor).

(3)Support may be provided under section 95 of the 1999 Act as applied by this section—

(a)by providing accommodation appearing to the Secretary of State to be adequate for a person's needs;

(b)by providing what appear to the Secretary of State to be essential living needs;

(c)in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.

(4)Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.

(5)Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.

F115(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

135Support: supplementalE+W+S+N.I.

(1)A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—

(a)a reference to section 96 shall be treated as including a reference to section 134(3) above,

(b)a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and

(c)a reference to asylum-seekers shall be treated as including a reference to designated persons.

(2)A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.

F116(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any F117... instrument under Part VI of the 1999 Act—

(a)may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and

(b)may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.

(5)In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.

(6)The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).

F118(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136End of designationE+W+S+N.I.

(1)Designation lapses if the designated person—

(a)is granted leave to enter or remain in the United Kingdom,

(b)is notified by the Secretary of State or an immigration officer of a right of residence in the United Kingdom by virtue of the [F114EU] treaties,

(c)leaves the United Kingdom, or

(d)is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).

(2)After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.

(3)Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support may be provided in respect of a period which—

(a)begins when the designation lapses, and

(b)ends on a date determined in accordance with an order of the Secretary of State.

(4)Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—

(a)any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),

(b)any period during which an appeal against the deportation order is pending, and

(c)after an appeal ceases to be pending, such period as the Secretary of State may specify by order.

Annotations:

Amendments (Textual)

137Interpretation: generalE+W+S+N.I.

(1)This section applies to sections 130 to 136.

(2)A reference to a designated person is a reference to a person designated under section 130.

(3)Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).

(4)Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.

(5)The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

(6)Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(7)A voucher is not cash.

(8)A reference to a pending appeal has the meaning given by section 104(1) of that Act.

(9)A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.

Part 11 E+W+N.I.Miscellaneous

Industrial action by prison officersE+W

138Amendment of section 127 of Criminal Justice and Public Order Act 1994E+W

(1)Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.

(2)In subsection (1), for paragraph (a) substitute—

(a)to take (or continue to take) any industrial action;.

(3)After subsection (1) insert—

(1A)In subsection (1) “industrial action” means—

(a)the withholding of services as a prison officer; or

(b)any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).

(4)In subsection (4), after paragraph (a) insert—

(aa)holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),.

(5)In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—

(b)holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;.

Annotations:

Commencement Information

I119S. 138 partly in force; s. 138(1)-(4) in force at Royal Assent, see s. 153(1)(d)

139Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994E+W

After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

127APower to suspend the operation of section 127

(1)The Secretary of State may make orders suspending, or later reviving, the operation of section 127.

(2)An order under this section may make different provision in relation to different descriptions of prison officer.

(3)The power to make orders under this section is exercisable by statutory instrument.

(4)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

Sex offendersE+W+N.I.

140Disclosure of information about convictions etc. of child sex offenders to members of the publicE+W

(1)After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

327ADisclosure of information about convictions etc. of child sex offenders to members of the public

(1)The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.

(2)In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3)The case is where the responsible authority for the area has reasonable cause to believe that—

(a)a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and

(b)the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.

(4)The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.

(5)