SCHEDULES
F34SCHEDULE 1Further provisions about youth rehabilitation orders
F34Part 1Provisions to be included in youth rehabilitation orders
F34Imposition of requirements
F341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Electronic monitoring requirement
F342
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Youth rehabilitation order with intensive supervision and surveillance
F343
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Youth rehabilitation order with fostering
F344
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Intensive supervision and surveillance and fostering: further provisions
F345
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Part 2Requirements
F34Activity requirement
F346
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Activity requirement: instructions of responsible officer under paragraph 6(1)(d)
F347
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Activity requirement: further provisions
F348
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Supervision requirement
F349
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Unpaid work requirement
F3410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Programme requirement
F3411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Attendance centre requirement
F3412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Prohibited activity requirement
F3413
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Curfew requirement
F3414
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Exclusion requirement
F3415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Residence requirement
F3416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Local authority residence requirement
F3417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Fostering requirement
F3418
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Pre-conditions to imposing local authority residence requirement or fostering requirement
F3419
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Mental health treatment requirement
F3420
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Mental health treatment at place other than that specified in order
F3421
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Drug treatment requirement
F3422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Drug testing requirement
F3423
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Intoxicating substance treatment requirement
F3424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Education requirement
F3425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Electronic monitoring requirement
F3426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Power to amend limits
F3427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Part 3Provisions applying where court proposes to make youth rehabilitation order
F34Family circumstances
F3428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.
F3429
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Date of taking effect and other existing orders
F3430
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Concurrent and consecutive orders
F3431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Part 4Provisions applying where court makes youth rehabilitation order etc.
F34Date for compliance with requirements to be specified in order
F3432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Local justice area to be specified in order
F3433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Provision of copies of orders
F3434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Power to provide for court review of orders
F3435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34Order made by Crown Court: direction in relation to further proceedings
F3436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35SCHEDULE 2Breach, revocation or amendment of youth rehabilitation orders
Sch. 2 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F35Part 1Preliminary
F35Interpretation
F351
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Orders made on appeal
F352
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Part 2Breach of requirement of order
F35Duty to give warning
F353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Breach of order
F354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Issue of summons or warrant by justice of the peace
F355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Powers of magistrates' court
F356
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Power of magistrates' court to refer offender to Crown Court
F357
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Powers of Crown Court
F358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Restriction of powers in paragraphs 6 and 8 where treatment required
F359
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Power to amend amounts of fines
F3510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Part 3Revocation of order
F35Revocation of order with or without re-sentencing: powers of appropriate court
F3511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Revocation of order with or without re-sentencing: powers of Crown Court
F3512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Part 4Amendment of order
F35Amendment by appropriate court
F3513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Amendment by Crown Court
F3514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Exercise of powers under paragraph 13(2) or 14(2): further provisions
F3515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Exercise of powers under paragraph 13(4) or 14(4): further provisions
F3516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Extension of order
F3516A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Extension of unpaid work requirement
F3517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Part 5Powers of court in relation to order following subsequent conviction
F35Powers of magistrates' court following subsequent conviction
F3518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Powers of Crown Court following subsequent conviction
F3519
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Part 6Supplementary
F35Appearance of offender before court
F3520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Warrants
F3521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Adjournment of proceedings
F3522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Restrictions on imposition of intensive supervision and surveillance or fostering
F3523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Provision of copies of orders etc.
F3524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35Power to amend maximum period of fostering requirement
F3525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36SCHEDULE 3Transfer of youth rehabilitation orders to Northern Ireland
Sch. 3 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F36Part 1Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
F36Making of youth rehabilitation order where offender resides or will reside in Northern Ireland
F361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2
F363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Modifications to Part 1
F365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Meaning of “supervision”
F366
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Part 2Provisions relating to an order made or amended under Part 1
F36Application of this Part
F367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Interpretation
F368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Effect of the youth rehabilitation order in Northern Ireland
F369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Duty of offender to keep in touch with relevant officer
F3610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction
F3611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers of the home court in respect of the youth rehabilitation order
F3612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Powers of court in England or Wales before which the offender is required to appear
F3615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland
F3617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4Youth rehabilitation orders: consequential and related amendments
Part 1Consequential amendments
Children and Young Persons Act 1933 (c. 12)
I2211
The Children and Young Persons Act 1933 has effect subject to the following amendments.
I2222
1
Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.
2
In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.
3
After subsection (7A) insert—
7B
If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.
3
I2231
Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.
I2232
In subsection (2), for paragraphs (c) and (d) substitute—
c
proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);
d
proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).
3
In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).
I2234
In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “
Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders)
”
.
5
In subsection (13), omit paragraph (c)(i).
Criminal Appeal Act 1968 (c. 19)
I2244
In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—
b
having been given a suspended sentence or made the subject of—
i
an order for conditional discharge,
ii
a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or
iii
a community order within the meaning of Part 12 of the Criminal Justice Act 2003,
appears or is brought before the Crown Court to be further dealt with for the offence.
Firearms Act 1968 (c. 27)
I2255
The Firearms Act 1968 has effect subject to the following amendments.
I2266
In section 21(3ZA)(a)
(possession of firearms by persons previously convicted of crime), after “2003”, insert “
, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,
”
.
I2277
In section 52(1A)(a)
(forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “
, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,
”
.
Health Services and Public Health Act 1968 (c. 46)
I2288
The Health Services and Public Health Act 1968 has effect subject to the following amendments.
I2299
In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—
a
in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “
section 92 of
”
, and
b
after that paragraph, insert—
xxii
Part 1 of the Criminal Justice and Immigration Act 2008;
I23010
In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—
xxii
Part 1 of the Criminal Justice and Immigration Act 2008;
Social Work (Scotland) Act 1968 (c. 49)
I23111
The Social Work (Scotland) Act 1968 has effect subject to the following amendments.
I23212
In section 86(3)
(adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “
, youth rehabilitation order
”
.
I23313
In section 94(1) (interpretation)—
a
for the definition of “probation order” substitute—
“probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,
b
in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
c
at the end insert—
“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.
Children and Young Persons Act 1969 (c. 54)
I23414
The Children and Young Persons Act 1969 has effect subject to the following amendments.
I23515
Omit section 25 (transfers between England or Wales and Northern Ireland).
I23616
1
Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.
2
In subsection (1)(c), for the words from “supervision order” to “2000” substitute “
youth rehabilitation order imposing a local authority residence requirement
”
.
3
In subsection (2), for the words from “supervision order” to “2000” substitute “
youth rehabilitation order imposing a local authority residence requirement
”
.
I23717
1
Section 32 (detention of absentees) is amended as follows.
2
In subsection (1A)—
a
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008
”
, and
b
for paragraph (b) substitute—
b
from local authority accommodation—
i
in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or
ii
to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or
iii
to which he has been remanded or committed under section 23(1) of this Act,
3
For subsection (1C) substitute—
1C
In this section “the responsible person” means, as the case may be—
a
the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;
b
the authority specified under paragraph 17(5) of Schedule 1 to that Act;
c
the authority designated under paragraph 21(10) of Schedule 2 to that Act; or
d
the authority designated under section 23 of this Act.
4
After subsection (1C) insert—
1D
If a child or young person—
a
is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and
b
is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,
he may be arrested by a constable anywhere in the United Kingdom without a warrant.
1E
A person so arrested shall be conducted to—
a
the place where he is required to reside, or
b
such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,
at that local authority's expense.
5
In subsection (2), for “or (1A)” substitute “
, (1A) or (1D)
”
.
6
In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “
mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises
”
.
7
In subsection (2B)—
a
after “subsection (1A)” insert “
or (1D)
”
, and
b
at the end insert “
or the responsible officer, as the case may be.
”
8
In subsection (3), for “or (1A)” substitute “
, (1A) or (1D)
”
.
9
In subsection (4), after “(1A)” insert “
, (1D)
”
.
I23818
In section 70(1) (interpretation)—
a
omit the definition of “supervision order”,
b
after the definition of “local authority accommodation” insert—
“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;
c
after the definition of “youth offending team” insert—
“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);
I23919
In section 73(4)(a)
(provisions of section 32 extending to Scotland) for “to (1C)” substitute “
to (1E)
”
.
Rehabilitation of Offenders Act 1974 (c. 53)
I24020
The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.
F17I24121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I24222
In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—
d
in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;
Bail Act 1976 (c. 63)
I24323
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—
a
omit the words “to be dealt with”, and
b
for paragraph (a), substitute—
a
Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or
Magistrates' Courts Act 1980 (c. 43)
I24424
In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)
25
In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).
Criminal Justice Act 1982
I24526
Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.
I24627
1
Paragraph 7 (transfer to England and Wales) is amended as follows.
2
In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “
an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008
”
.
3
In sub-paragraph (2)(b)—
a
after “a community order” insert “
or a youth rehabilitation order
”
, and
b
omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
4
In sub-paragraph (3)—
a
for “A community service order” substitute “
An adult community service order
”
, and
b
in paragraph (b)—
i
omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and
ii
for “by that Part of that Act” substitute “
by Part 12 of the Criminal Justice Act 2003
”
.
5
After sub-paragraph (3) insert—
4
A youth community service order made or amended in accordance with this paragraph shall—
a
specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and
b
require—
i
the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or
ii
a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,
to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.
5
The person appointed under sub-paragraph (4)(b) must be—
a
where the appointment is made by a local probation board, an officer of that board;
b
where the appointment is made by a provider of probation services, an officer of that provider;
c
where the appointment is made by a youth offending team, a member of that team.
I24728
1
Paragraph 9 (general provision) is amended as follows.
2
In sub-paragraph (3)—
a
in paragraph (a)—
i
for “a community service order” substitute “
an adult community service order
”
;
ii
omit “under section 177 of the Criminal Justice Act 2003”;
iii
for “of that Act” substitute “
of the Criminal Justice Act 2003
”
, and
b
before “and” at the end of that paragraph insert—
aa
a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;
3
In sub-paragraph (4)(a)—
a
after “community orders” insert “
or youth rehabilitation orders
”
, and
b
omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
4
In sub-paragraph (5)—
a
after “community order” insert “
or youth rehabilitation order
”
, and
b
omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
5
In sub-paragraph (6)—
a
after “community orders” insert “
or youth rehabilitation orders
”
,
b
omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
c
in paragraph (b)(i), after “2003” insert “
or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008
”
.
I24829
After that paragraph insert—
Community service orders relating to persons residing in England and Wales: interpretation
10
In paragraphs 7 and 9 above—
“adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
“community order” means an order made under section 177 of the Criminal Justice Act 2003;
“youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.
Mental Health Act 1983 (c. 20)
I24930
In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
a
in paragraph (a), after “Criminal Justice Act 2003)” insert “
or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)
”
, and
b
in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.
Child Abduction Act 1984 (c. 37)
I25031
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
a
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008
”
, and
b
in paragraph (b), after “1969” insert “
or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008
”
.
Prosecution of Offences Act 1985 (c. 23)
I25132
1
Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.
2
In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “
a mental health treatment requirement in a community order or youth rehabilitation order
”
.
3
After subsection (3B) insert—
3C
For the purposes of subsection (3B)(b)(i)—
“community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003;
“mental health treatment requirement” means—
- a
in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and
- b
in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;
“youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.
Children Act 1989 (c. 41)
I25233
The Children Act 1989 has effect subject to the following amendments.
I25334
1
Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.
2
In subsection (2)(c)—
a
in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and
b
for sub-paragraph (ii), substitute—
ii
remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or
iii
the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,
3
After subsection (2) insert—
2A
In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—
“local authority residence requirement”;
“youth rehabilitation order”;
“youth rehabilitation order with fostering”.
I25435
In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—
ii
a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or
I25536
In section 105(6) (interpretation)—
a
in paragraph (b), omit from the words “or an” to the end of the paragraph, and
b
after that paragraph insert—
ba
in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or
I25637
1
Part 3 of Schedule 3 (education supervision orders) is amended as follows.
2
In paragraph 13(2), for paragraph (c) substitute—
c
a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);
3
In paragraph 14—
a
in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)
”
, and
b
in sub-paragraph (2), after “direction”
(in the second place it occurs) insert “
or instruction
”
.
I25738
In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—
a
a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;
Criminal Justice Act 1991 (c. 53)
I25839
Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.
I25940
1
Paragraph 10 is amended as follows.
2
In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute
—
i
the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or
ii
a youth offending team established by a local authority for the area in which he resides or will reside,
3
In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute
—
i
an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or
ii
a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;
I26041
1
Paragraph 11 is amended as follows.
2
In sub-paragraph (2)—
a
for “a probation order” substitute “
an adult probation order
”
,
b
in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and
c
in paragraph (b), for “of that Act” substitute “
of the Criminal Justice Act 2003
”
.
3
After that sub-paragraph insert—
2A
Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—
a
the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and
b
the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.
4
In sub-paragraph (3)—
a
for paragraph (a) substitute—
a
the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;
b
in paragraph (b), for “Schedule 8 to that Act” substitute “
that legislation
”
.
5
In sub-paragraph (4)—
a
after “a community order” insert “
or, as the case may be, a youth rehabilitation order
”
,
b
omit “under section 177 of the Criminal Justice Act 2003”, and
c
for “to that Act” substitute “
to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008
”
.
6
In sub-paragraph (5)—
a
after “2003” insert “
or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008
”
,
b
for “(2) above” substitute “
(2) or (2A)
(as the case may be)
”
, and
c
in paragraph (b) for the words from “of the” to “board” substitute
of—
i
the offender, or
ii
the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),
7
In sub-paragraph (8)—
a
after “In this paragraph” insert—
“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
“community order” means an order made under section 177 of the Criminal Justice Act 2003;
b
at the end insert—
“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.
Criminal Justice and Public Order Act 1994 (c. 33)
I26142
In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “
or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.)
”
.
Criminal Procedure (Scotland) Act 1995 (c. 46)
F3I26243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3I26344
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3I26445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3I26546
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1996 (c. 56)
I26647
In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “
youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008
”
.
Crime and Disorder Act 1998 (c. 37)
I26748
The Crime and Disorder Act 1998 has effect subject to the following amendments.
I26849
In section 38(4) (local provision of youth justice services)—
a
in paragraph (f), for “, reparation orders and action plan orders” substitute “
and reparation orders
”
,
b
after paragraph (f) insert—
fa
the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);
fb
the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);
c
omit paragraph (g), and
d
in paragraph (h), omit “or a supervision order”.
I26950
In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “
section 10 of that Act
”
.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
F2751
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2752
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2755
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2756
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
In section 159 (execution of process between England and Wales and Scotland)—
I311a
after “Schedule 1 to this Act,” insert “
or
”
,
I311b
omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
c
omit “paragraph 1(1) of Schedule 5 to this Act”, and
I311d
omit “paragraph 7(2) of Schedule 7 to this Act, or”.
F3760
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61
In section 163 (general definitions)—
I270a
omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,
I312b
in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and
I312c
at the end add—
“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.
F2862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2863
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2864
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support, Pensions and Social Security Act 2000 (c. 19)
F265
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F266
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice and Court Services Act 2000 (c. 43)
I27168
The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.
I27269
In section 1(2)(a)
(purposes of Chapter), after “2003)” insert “
, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)
”
.
I27370
In section 70 (interpretation, etc.) omit subsection (5).
Criminal Justice Act 2003 (c. 44)
I27471
Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.
F2972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2973
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2974
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2975
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2976
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2977
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2978
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2979
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2980
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2981
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2982
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2983
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2984
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2985
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2986
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2987
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2988
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2989
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2990
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92
In section 221(2) (provision of attendance centres)—
a
omit “or” at the end of paragraph (a),
I275b
after that paragraph insert—
aa
attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,
c
omit paragraph (b).
F4193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I27694
Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).
I27795
In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).
F4096
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I27897
Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).
Violent Crime Reduction Act 2006 (c. 38)
I27998
In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—
b
a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;
Offender Management Act 2007 (c. 21)
I28099
In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—
a
after paragraph (a) insert—
aa
a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);
b
after paragraph (b) insert—
c
a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)
Part 2Related amendments
Children and Young Persons Act 1933 (c. 12)
F39100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
I281101
1
Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.
2
In subsection (1A)—
a
in paragraph (a), after “under” insert “
paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or
”
,
b
in paragraph (b)
(as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “
paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or
”
.
3
In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
a
in paragraph (a), after “under” insert “
paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or
”
, and
b
in paragraph (c), after “under” insert “
paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or
”
.
Bail Act 1976 (c. 63)
I282102
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—
za
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),
zb
Schedule 8 to that Act (breach of reparation order),
Magistrates' Courts Act 1980 (c. 43)
F38103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Abduction Act 1984 (c. 37)
I283104
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
a
in paragraph (a), after “under” insert “
paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or
”
, and
b
in paragraph (b), before “or”
(as inserted by paragraph 31(b) of this Schedule) insert “
, paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000
”
.
Children Act 1989 (c. 41)
I284105
In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—
ia
remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
F30106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 2003 (c. 44)
F30109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6SCHEDULE 5Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003
Sch. 5 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(ii); S.I. 2012/2906, art. 2(s)
F6SCHEDULE 15AOffences specified for the purposes of sections 225(3A) and 227(2A)
F6Part 1Offences under the law of England and Wales
F61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Part 2Offences under the law of Scotland
F624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F629
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Part 3Offences under the law of Northern Ireland
F636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F648
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F649
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F650
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Part 4Offences under service law
F651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6Part 5Interpretation
F653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7SCHEDULE 6Credit for period of remand on bail: transitional provisions
Sch. 6 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(c), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Youth default orders: modification of provisions applying to youth rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
Unpaid work requirement
2
F48C11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F49In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—
a
not less than 20, and
b
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £200
40
An amount exceeding £200 but not exceeding £500
60
An amount exceeding £500
100
F503
In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.
Attendance centre requirement
3
1
In its application to a youth default order, F42paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.
C22
F43Sub-paragraph (3) has effect as if—
a
in paragraph (a), for the words following “conviction” there were substituted
F44... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24
b
in paragraph (b), for the words following “conviction” there were substituted
F45... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24
c
in paragraph (c), for “must not be more than 12” there were substituted
F46... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
10
An amount exceeding £500
12
Curfew requirement
4
1
In its application to a youth default order, F51paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.
2
That paragraph has effect as if after F52sub-paragraph (4) there were inserted—
F534A
In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
TABLE
Amount
Number of days
An amount not exceeding £200
20
An amount exceeding £200 but not exceeding £500
30
An amount exceeding £500 but not exceeding £1,000
60
An amount exceeding £1,000 but not exceeding £2,000
90
An amount exceeding £2,000
180
Enforcement, revocation and amendment of youth default order
5
1
In its application to a youth default order, F59Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.
2
Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
3
Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
4
F60Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “
as having been made by a magistrates' court
”
.
F615
The following provisions are omitted—
a
in paragraph 6—
i
sub-paragraph (5)(a),
ii
the words “add or” in sub-paragraph (5)(b), and
iii
sub-paragraph (11);
b
paragraph 9;
c
paragraph 11;
d
paragraph 12(8);
e
paragraph 21(6);
f
paragraph 23(2)(b).
Power to alter amount of money or number of hours or days
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of youth default order to Northern Ireland
7
1
In its application to a youth default order, F54Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.
2
F583
Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—
5A
The home court may not impose a fine on the offender.
SCHEDULE 8Appeals in criminal cases
Part 1Amendments of Criminal Appeal Act 1968
I101
The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.
Time limit on grant of certificates of fitness for appeal
I112
In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “
, within 28 days from the date of the conviction,
”
.
I123
In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—
a
after “if” insert “
, within 28 days from the date on which the sentence was passed,
”
, and
b
for “the sentence” substitute “
it
”
.
I134
In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “
, within 28 days from the date of the verdict,
”
.
I145
In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “
, within 28 days from the date of the finding that the accused did the act or made the omission charged,
”
.
Powers of Court to substitute different sentence
I156
1
Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.
2
For the heading substitute “
Power to re-sentence where appellant remains convicted of related offences
”
.
3
For subsection (1) substitute—
1
This section applies where—
a
two or more related sentences are passed,
b
the Court of Appeal allow an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but
c
the appellant remains convicted of one or more of those offences.
4
In subsection (2)—
a
for “in respect of any count on which the appellant remains convicted” substitute “
in respect of any related offence of which the appellant remains convicted
”
, and
b
omit “for the offence of which he remains convicted on that count”.
5
In subsection (3)—
a
for “on the indictment as a whole” substitute “
(taken as a whole) for all the related offences of which he remains convicted
”
, and
b
for “for all offences of which he was convicted on the indictment” substitute “
for all the related offences
”
.
6
After subsection (3) insert—
4
For the purposes of subsection (1)(a), two or more sentences are related if—
a
they are passed on the same day,
b
they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or
c
they are passed on different days but in respect of counts on the same indictment.
5
Where—
a
two or more sentences are related to each other by virtue of subsection (4)(a) or (b), and
b
any one or more of those sentences is related to one or more other sentences by virtue of subsection (4)(c),
all the sentences are to be treated as related for the purposes of subsection (1)(a).
Interim hospital orders
I167
The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—
a
section 6(5) and the definition of interim hospital order in section 6(7),
b
section 11(6),
c
section 14(5) and the definition of interim hospital order in section 14(7), and
d
section 16B(3).
I178
Before section 31 (but after the cross-heading preceding it) insert—
30AEffect of interim hospital orders
1
This section applies where the Court of Appeal—
a
make an interim hospital order by virtue of any provision of this Part, or
b
renew an interim hospital order so made.
2
The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.
I189
In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—
2ZA
The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.
Evidence
I1910
1
Section 23 (evidence) is amended as follows.
2
In subsection (1) after “an appeal” insert “
, or an application for leave to appeal,
”
.
3
In that subsection, for paragraph (b) substitute—
b
order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and
4
After subsection (1) insert—
1A
The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—
a
the Court;
b
the appellant;
c
the respondent.
5
In subsection (4) after “an appeal” insert “
, or an application for leave to appeal,
”
.
6
After subsection (5) insert—
6
In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.
Powers of single judge
I2011
1
Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
2
In the heading, omit “under Part 1”.
3
After subsection (2C) insert—
2D
The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court.
2E
The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.
Appeals against procedural directions
I2112
In section 31C (appeals against procedural directions), omit subsections (1) and (2).
Detention of defendant pending appeal to Supreme Court
I2213
1
Section 37 (detention of defendant on appeal by Crown) is amended as follows.
2
In subsection (2) for the words from “may make” to the end substitute
shall make—
a
an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or
b
an order that he be released without bail.
3
After subsection (2) insert—
2A
The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
4
In subsection (3) for “this section” substitute “
subsection (2)(a)
”
.
5
In subsection (4) for “this section”
(in each place where it occurs) substitute “
subsection (2)(a)
”
.
6
In subsection (4A) for “this section”
(in the first place where it occurs) substitute “
subsection (2)(a)
”
.
7
For subsection (5) substitute—
5
The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the Court of Appeal have made an order under subsection (2)(b), or
b
the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).
Part 2Amendments of Criminal Appeal (Northern Ireland) Act 1980
I2314
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.
Time limit on grant of certificates of fitness for appeal
I2415
In section 1 (appeal against conviction), in paragraph (b) after “if” insert “
, within 28 days from the date of the conviction,
”
.
I2516
In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “
, within 28 days from the date of the finding,
”
.
I2617
In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “
, within 28 days from the date of the finding that the person did the act or made the omission charged,
”
.
Powers of Court to substitute different sentence
I2718
1
Section 4 (alteration of sentence on appeal against conviction) is amended as follows.
2
For subsection (1) substitute—
1
Subsection (1A) applies where—
a
two or more related sentences are passed,
b
the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but
c
the appellant remains convicted of one or more of those offences.
1A
The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.
3
After subsection (2) insert—
3
For the purposes of subsection (1)(a), two or more sentences are related if—
a
they are passed on the same day,
b
they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or
c
they are passed on different days but in respect of counts on the same indictment.
4
Where—
a
two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and
b
any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c),
all the sentences are to be treated as related for the purposes of subsection (1)(a).
Interim hospital orders
I2819
Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.
I2920
1
For the cross-heading preceding section 30 substitute— “
Supplementary
”
.
2
Before section 30 (but after the cross-heading preceding it) insert—
29AEffect of interim hospital orders
1
This section applies where the Court of Appeal—
a
makes an interim hospital order by virtue of any provision of this Part, or
b
renews an interim hospital order so made.
2
The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.
I3021
In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—
3ZA
The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court.
Evidence
I3122
1
Section 25 (evidence) is amended as follows.
2
In subsection (1) after “an appeal” insert “
, or an application for leave to appeal,
”
.
3
In that subsection, for paragraph (b) substitute—
b
order any witness to attend and be examined before the Court (whether or not he was called at the trial); and
4
After subsection (1) insert—
1A
The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—
a
the Court;
b
the appellant;
c
the respondent.
5
After subsection (3) insert—
4
In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.
I3223
In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “
, or an application for leave to appeal,
”
.
Detention of defendant pending appeal to Supreme Court
I3324
1
Section 36 (detention of defendant on appeal by Crown) is amended as follows.
2
In subsection (1) for the words from “may make” to the end substitute
shall make—
a
an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or
b
an order that he be released without bail.
3
After subsection (1) insert—
1A
The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
4
In subsection (2) for “subsection (1)” substitute “
subsection (1)(a)
”
.
5
In subsection (3) for “this section”
(in each place where it occurs) substitute “
subsection (1)(a)
”
.
6
In subsection (3A) for “this section”
(in the first place where it occurs) substitute “
subsection (1)(a)
”
.
7
For subsection (4) substitute—
4
The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the Court of Appeal has made an order under subsection (1)(b), or
b
the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).
Powers of single judge
I3425
1
Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
2
After subsection (3C) insert—
3D
The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.
Part 3Amendments of other Acts
Detention of defendant pending appeal from High Court to Supreme Court
I3526
1
Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows.
2
In subsection (1) for the words from “may make” to the end substitute
shall make—
a
an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or
b
an order that the defendant be released without bail.
3
After subsection (1) insert—
1A
The court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
4
In subsection (3) for “subsection (1)” substitute “
subsection (1)(a)
”
.
5
In subsection (4) for “the said subsection (1)” substitute “
the said subsection (1)(a)
”
.
6
In subsection (4A) for “the said subsection (1)” substitute “
the said subsection (1)(a)
”
.
7
For subsection (5) substitute—
5
The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the court has made an order under subsection (1)(b), or
b
the court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).
Variation of sentences by Crown Court
I3627
1
Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows.
2
In subsection (2)—
a
for “28 days” substitute “
56 days
”
, and
b
omit the words from “or, where subsection (3) applies,” to the end.
3
After subsection (2) insert—
2A
The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.
4
Subsection (3) is omitted.
F4728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9Alternatives to prosecution for persons under 18
I1611
The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I162I166I216I3303
After section 66 insert—
Young offenders: youth conditional cautions
66AYouth conditional cautions
1
An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—
a
the offender has not previously been convicted of an offence, and
b
each of the five requirements in section 66B is satisfied.
2
In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
3
The conditions which may be attached to such a caution are those which have one or more of the following objects—
a
facilitating the rehabilitation of the offender;
b
ensuring that the offender makes reparation for the offence;
c
punishing the offender.
4
The conditions that may be attached to a youth conditional caution include—
a
(subject to section 66C) a condition that the offender pay a financial penalty;
b
a condition that the offender attend at a specified place at specified times.
“Specified” means specified by a relevant prosecutor.
5
Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.
6
The Secretary of State may by order amend subsection (5) by substituting a different figure.
7
In this section, “authorised person” means—
a
a constable,
b
an investigating officer, or
c
a person authorised by a relevant prosecutor for the purposes of this section.
66BThe five requirements
1
The first requirement is that the authorised person has evidence that the offender has committed an offence.
2
The second requirement is that a relevant prosecutor decides—
a
that there is sufficient evidence to charge the offender with the offence, and
b
that a youth conditional caution should be given to the offender in respect of the offence.
3
The third requirement is that the offender admits to the authorised person that he committed the offence.
4
The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.
5
If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.
6
The fifth requirement is that the offender signs a document which contains—
a
details of the offence,
b
an admission by him that he committed the offence,
c
his consent to being given the youth conditional caution, and
d
the conditions attached to the caution.
66CFinancial penalties
1
A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
2
An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
3
The amount that may be prescribed in respect of any offence must not exceed £100.
4
The Secretary of State may by order amend subsection (3) by substituting a different figure.
5
Where a financial penalty condition is attached to a youth conditional caution, a relevant prosecutor must also specify—
a
the amount of the penalty, and
b
the person to whom the financial penalty is to be paid and how it may be paid.
6
To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).
7
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
66DVariation of conditions
A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a youth conditional caution by—
a
modifying or omitting any of the conditions;
b
adding a condition.
66EFailure to comply with conditions
1
If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.
2
The document mentioned in section 66B(6) is to be admissible in such proceedings.
3
Where such proceedings are instituted, the youth conditional caution is to cease to have effect.
4
Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).
5
Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).
66FRestriction on sentencing powers where youth conditional caution given
Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted—
a
may not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and
b
where it does make such an order, must state in open court that it is of that opinion and why it is.
66GCode of practice on youth conditional cautions
1
The Secretary of State must prepare a code of practice in relation to youth conditional cautions.
2
The code may, in particular, make provision as to—
a
the circumstances in which youth conditional cautions may be given,
b
the procedure to be followed in connection with the giving of such cautions,
c
the conditions which may be attached to such cautions and the time for which they may have effect,
d
the category of constable or investigating officer by whom such cautions may be given,
e
the persons who may be authorised by a relevant prosecutor for the purposes of section 66A,
f
the form which such cautions are to take and the manner in which they are to be given and recorded,
g
the places where such cautions may be given,
h
the provision which may be made by a relevant prosecutor under section 66C(5)(b),
i
the monitoring of compliance with conditions attached to such cautions,
j
the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),
k
who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).
3
After preparing a draft of the code the Secretary of State—
a
must publish the draft,
b
must consider any representations made to him about the draft, and
c
may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney General.
4
After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.
5
When he has done so he may bring the code into force by order.
6
The Secretary of State may from time to time revise a code of practice brought into force under this section.
7
Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.
Interpretation of Chapter 1
66HInterpretation
In this Chapter—
a
“appropriate adult” has the meaning given by section 65(7);
b
“authorised person” has the meaning given by section 66A(7);
c
“investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30);
d
“the offender” has the meaning given by section 66A(1);
e
“relevant prosecutor” means—
i
the Attorney General,
ii
the Director of the Serious Fraud Office,
iii
the Director of Revenue and Customs Prosecutions,
iv
the Director of Public Prosecutions,
v
the Secretary of State, or
vi
a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;
f
“youth conditional caution” has the meaning given by section 66A(2).
I1634
1
Section 114 (orders and regulations) is amended as follows.
2
In subsection (2)
(which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “
10(6), 66C(1) or 66H(e)(vi)
”
.
3
After subsection (2) insert—
2A
Subsection (2) also applies to a statutory instrument containing—
a
an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or
b
an order under section 66G(5) other than the first such order.
4
In subsection (3)
(which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “
, 66A(6)
”
.
5
After subsection (3) insert—
3A
Subsection (3) also applies to—
a
an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and
b
the first order under section 66G(5).
SCHEDULE 10Protection for spent cautions under Rehabilitation of Offenders Act 1974
I1481
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
F152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1493
After section 8 (defamation actions) there is inserted—
8AProtection afforded to spent cautions
1
Schedule 2 to this Act (protection for spent cautions) shall have effect.
2
In this Act “caution” means—
a
a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons);
b
any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;
c
a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18);
d
anything corresponding to a caution, reprimand or warning falling within paragraphs (a) to (c) (however described) which is given to a person in respect of an offence under the law of a country outside England and Wales.
I1504
After section 9 (unauthorised disclosure of spent convictions) insert—
9AUnauthorised disclosure of spent cautions
1
In this section—
a
“official record” means a record which—
i
contains information about persons given a caution for any offence or offences; and
ii
is kept for the purposes of its functions by any court, police force, Government department or other public authority in England and Wales;
b
“caution information” means information imputing that a named or otherwise identifiable living person (“the named person”) has committed, been charged with or prosecuted or cautioned for any offence which is the subject of a spent caution; and
c
“relevant person” means any person who, in the course of his official duties (anywhere in the United Kingdom), has or at any time has had custody of or access to any official record or the information contained in it.
2
Subject to the terms of any order made under subsection (5), a relevant person shall be guilty of an offence if, knowing or having reasonable cause to suspect that any caution information he has obtained in the course of his official duties is caution information, he discloses it, otherwise than in the course of those duties, to another person.
3
In any proceedings for an offence under subsection (2) it shall be a defence for the defendant to show that the disclosure was made—
a
to the named person or to another person at the express request of the named person;
b
to a person whom he reasonably believed to be the named person or to another person at the express request of a person whom he reasonably believed to be the named person.
4
Any person who obtains any caution information from any official record by means of any fraud, dishonesty or bribe shall be guilty of an offence.
5
The Secretary of State may by order make such provision as appears to him to be appropriate for excepting the disclosure of caution information derived from an official record from the provisions of subsection (2) in such cases or classes of case as may be specified in the order.
6
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.
8
Proceedings for an offence under subsection (2) shall not be instituted except by or on behalf of the Director of Public Prosecutions.
F165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1516
After that Schedule insert—
SCHEDULE 2Protection for spent cautions
Preliminary
1
1
For the purposes of this Schedule a caution shall be regarded as a spent caution—
a
in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution;
b
in any other case, at the time the caution is given.
2
In sub-paragraph (1)(a) “the relevant period for the caution” means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given.
3
If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given—
a
the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and
b
if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence.
2
1
In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following—
a
the offence which was the subject of the caution or the conduct constituting that offence;
b
any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution);
c
any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end);
d
any judicial review proceedings relating to the caution;
e
in the case of a warning under section 65 of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section 66(2) of that Act;
f
in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions.
2
Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned.
3
In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4.
Protection relating to spent cautions and ancillary circumstances
3
1
A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary—
a
no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and
b
a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary circumstances.
2
Nothing in sub-paragraph (1) applies in relation to any proceedings for the offence which are not part of the ancillary circumstances relating to the caution.
3
Where a question seeking information with respect to a person's previous cautions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—
a
the question shall be treated as not relating to spent cautions or to any ancillary circumstances, and the answer may be framed accordingly; and
b
the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent caution or any ancillary circumstances in his answer to the question.
4
Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent caution or any ancillary circumstances (whether the caution is his own or another's).
5
A caution which has become spent or any ancillary circumstances, or any failure to disclose such a caution or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment.
6
This paragraph has effect subject to paragraphs 4 to 6.
4
The Secretary of State may by order—
a
make provision for excluding or modifying the application of either or both of paragraphs (a) or (b) of paragraph 3(3) in relation to questions put in such circumstances as may be specified in the order;
b
provide for exceptions from the provisions of sub-paragraphs (4) and (5) of paragraph 3, in such cases or classes of case, and in relation to cautions of such a description, as may be specified in the order.
5
Nothing in paragraph 3 affects—
a
the operation of the caution in question; or
b
the operation of any enactment by virtue of which, in consequence of any caution, a person is subject to any disqualification, disability, prohibition or other restriction or effect, the period of which extends beyond the rehabilitation period applicable to the caution.
6
1
Section 7(2), (3) and (4) apply for the purposes of this Schedule as follows.
2
Subsection (2) (apart from paragraphs (b) and (d)) applies to the determination of any issue, and the admission or requirement of any evidence, relating to a person's previous cautions or to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto.
3
Subsection (3) applies to evidence of a person's previous cautions and ancillary circumstances as it applies to evidence of a person's convictions and the circumstances ancillary thereto; and for this purpose subsection (3) shall have effect as if—
a
any reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph; and
b
the words “or proceedings to which section 8 below applies” were omitted.
4
Subsection (4) applies for the purpose of excluding the application of paragraph 3(1); and for that purpose subsection (4) shall have effect as if the words “(other than proceedings to which section 8 below applies)” were omitted.
5
References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3(1).
SCHEDULE 11Electronic monitoring of persons released on bail subject to conditions
I1041
The Bail Act 1976 (c. 63) has effect subject to the following amendments.
I1052
In section 3 (general provisions) for subsection (6ZAA) substitute—
6ZAA
The requirements which may be imposed under subsection (6) include electronic monitoring requirements.
The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases).
6ZAB
In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.
I1063
1
Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.
2
In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “
Conditions for the imposition of electronic monitoring requirements: children and young persons
”
.
3
For subsection (1) substitute—
1
A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met.
4
For subsection (4) substitute—
4
The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.'
5
In subsection (5), for “such a requirement” substitute “
electronic monitoring requirements
”
.
6
Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.
I1074
After section 3AA insert—
3ABConditions for the imposition of electronic monitoring requirements: other persons
1
A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met.
2
The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.
3
The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
4
If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case.
3ACElectronic monitoring: general provisions
1
Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.
2
A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.
3
The Secretary of State may make rules for regulating—
a
the electronic monitoring of persons on bail;
b
without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.
4
The rules may make different provision for different cases.
5
Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
6
A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
8
Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.
SCHEDULE 12Bail for summary offences and certain other offences to be tried summarily
I371
The Bail Act 1976 (c. 63) is amended as follows.
I382
In section 3(6D)(a)
(condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “
(including where P is a person to whom the provisions of Part 1A of Schedule 1 apply)
”
.
I393
After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—
9ABail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980
1
This section applies whenever—
a
a magistrates' court is considering whether to withhold or grant bail in relation to a person aged under 18 who is accused of a scheduled offence; and
b
the trial of that offence has not begun.
2
The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused person, the value involved does not exceed the relevant sum for the purposes of section 22.
3
The duty in subsection (2) does not apply in relation to an offence if—
a
a determination under subsection (4) has already been made in relation to that offence; or
b
the accused person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies.
4
If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect.
5
In this section—
a
“relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);
b
“scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and
c
“the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.
I404
Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.
I415
1
Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.
2
In that sub-paragraph at the beginning insert “
Subject to sub-paragraph (2),
”
.
3
After that sub-paragraph insert—
2
But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
a
a summary offence; or
b
an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—
i
a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or
ii
a determination has been made under section 9A(4) of this Act to the same effect.
I426
After Part 1 insert—
Part 1ADefendants Accused or Convicted of Imprisonable Offences to which Part 1 does not apply
Defendants to whom Part 1A applies
1
The following provisions of this Part apply to the defendant if—
a
the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but
b
Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.
Exceptions to right to bail
2
The defendant need not be granted bail if—
a
it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
b
the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
3
The defendant need not be granted bail if—
a
it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and
b
the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail.
4
The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—
a
physical or mental injury to any person other than the defendant; or
b
any person other than the defendant to fear physical or mental injury.
5
The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
6
The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
7
The defendant need not be granted bail if —
a
having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
b
the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
8
The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
Application of paragraphs 6A to 6C of Part 1
9
Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.
SCHEDULE 13Allocation of cases triable either way etc.
1
Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.
2
In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “
for sentence
”
.
3
In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—
c
that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.
4
In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “
summary trial
”
.
5
1
Paragraph 9 is amended as follows.
2
In sub-paragraph (3) after “(1A)” insert “
, (1B)
”
.
3
After sub-paragraph (3) insert—
4
In subsection (3) for “the said Act of 2000” substitute
“ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
6
Paragraph 13 is omitted.
7
Paragraph 22 is omitted.
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 14Special rules relating to providers of information society services
Domestic service providers: extension of liability
F681
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-UK service providers: restriction on institution of proceedings
F692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions for mere conduits
I1543
1
A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in—
a
the provision of access to a communication network, or
b
the transmission in a communication network of information provided by a recipient of the service,
if the condition in sub-paragraph (2) is satisfied.
2
The condition is that the service provider does not—
a
initiate the transmission,
b
select the recipient of the transmission, or
c
select or modify the information contained in the transmission.
3
For the purposes of sub-paragraph (1)—
a
the provision of access to a communication network, and
b
the transmission of information in a communication network,
includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
4
Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
I1554
1
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
2
The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if—
a
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
b
the condition in sub-paragraph (3) is satisfied.
3
The condition is that the service provider—
a
does not modify the information,
b
complies with any conditions attached to having access to the information, and
c
(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
4
This sub-paragraph applies if the service provider obtains actual knowledge that—
a
the information at the initial source of the transmission has been removed from the network,
b
access to it has been disabled, or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hosting
I1565
1
A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—
a
the service provider had no actual knowledge when the information was provided that it contained offending material, or
b
on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
2
“Offending material” means material the possession of which constitutes an offence under section 63.
3
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Interpretation
I1576
1
This paragraph applies for the purposes of this Schedule.
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
“Information society services”—
a
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
b
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
4
“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
5
“Service provider” means a person providing an information society service.
F706
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 15Sexual offences: grooming and adoption
Meeting a child following sexual grooming
I431
In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—
a
A has met or communicated with another person (B) on at least two occasions and subsequently—
i
A intentionally meets B,
ii
A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
iii
B travels with the intention of meeting A in any part of the world,
b
A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,
Adoption
2
The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.
3
In section 27(1)(b)
(family relationships) after “but for” insert “
section 39 of the Adoption Act 1976 or
”
.
4
In section 29(1)(b)
(sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “
section 39 of the Adoption Act 1976 or
”
.
5
1
Section 64 (sex with an adult relative: penetration) is amended as follows.
2
In subsection (1) after “(A)” insert “
(subject to subsection (3A))
”
.
3
In subsection (3) after “In subsection (2)—” insert—
za
“parent” includes an adoptive parent;
zb
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
4
After that subsection insert—
3A
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
5
After subsection (5) insert—
6
Nothing in—
a
section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
b
section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
6
1
Section 65 (sex with an adult relative: consenting to penetration) is amended as follows.
2
In subsection (1) after “(A)” insert “
(subject to subsection (3A))
”
.
3
In subsection (3) after “In subsection (2)—” insert—
za
“parent” includes an adoptive parent;
zb
“child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;
4
After that subsection insert—
3A
Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.
5
After subsection (5) insert—
6
Nothing in—
a
section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
b
section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.
7
In section 47(1) of the Adoption Act 1976 (c. 36)
(disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “
or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)
”
.
SCHEDULE 16Hatred on the grounds of sexual orientation
I3131
Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.
I3142
In the heading for Part 3A at the end insert “
or grounds of sexual orientation
”
.
I3153
In the italic cross-heading before section 29A at the end insert “
and “hatred on the grounds of sexual orientation”
.
I3164
After that section insert—
29ABMeaning of “hatred on the grounds of sexual orientation”
In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).
I3175
In the italic cross-heading before section 29B at the end insert “
or hatred on the grounds of sexual orientation
”
.
I16
I3181
Section 29B (use of words or behaviour or display of written material) is amended as follows.
I3182
In subsection (1), after “religious hatred” insert “
or hatred on the grounds of sexual orientation
”
.
3
Omit subsection (3).
I3197
In section 29C(1)
(publishing or distributing written material), after “religious hatred” insert “
or hatred on the grounds of sexual orientation
”
.
I3208
In section 29D(1)
(public performance of play), after “religious hatred” insert “
or hatred on the grounds of sexual orientation
”
.
I3219
In section 29E(1)
(distributing, showing or playing a recording), after “religious hatred” insert “
or hatred on the grounds of sexual orientation
”
.
I32210
In section 29F(1)
(broadcasting or including programme in programme service), after “religious hatred” insert “
or hatred on the grounds of sexual orientation
”
.
I32311
In section 29G(1)
(possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “
thereby to stir up religious hatred or hatred on the grounds of sexual orientation
”
.
12
1
Section 29H (powers of entry and search) is amended as follows.
2
In subsection (1), omit “in England and Wales”.
3
Omit subsection (2).
13
1
Section 29I (power to order forfeiture) is amended as follows.
2
In subsection (2)—
a
in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and
b
omit paragraph (b).
3
Omit subsection (4).
14
After section 29J insert—
29JAProtection of freedom of expression (sexual orientation)
In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.
15
In section 29K(1)
(savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “
, in the Scottish Parliament or in the National Assembly for Wales
”
.
16
1
Section 29L (procedure and punishment) is amended as follows.
2
In subsections (1) and (2), omit “in England and Wales”.
3
In subsection (3), in paragraph (b), for “six months” substitute “
12 months
”
.
4
After that subsection insert—
4
In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
I32417
In section 29N (interpretation), after the definition of “dwelling” insert—
“hatred on the grounds of sexual orientation” has the meaning given by section 29AB;
SCHEDULE 17Offences relating to nuclear material and nuclear facilities
Part 1Amendments of Nuclear Material (Offences) Act 1983
I2851
The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.
I2862
1
Section 1 (extended scope of certain offences) is amended as follows.
2
In subsection (1)(b)
(offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “
section 52 of the Criminal Law (Consolidation)
(Scotland) Act 1995
”
.
3
After subsection (1) insert—
1A
If—
a
a person, whatever his nationality, does outside the United Kingdom an act directed at a nuclear facility, or which interferes with the operation of such a facility,
b
the act causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material, and
c
had he done that act in any part of the United Kingdom, it would have made him guilty of an offence mentioned in subsection (1)(a) or (b) above,
the person shall in any part of the United Kingdom be guilty of such of the offences mentioned in subsection (1)(a) and (b) as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.
4
Omit subsection (2) (definition of “act”).
I2873
After section 1 insert—
1AIncrease in penalties for offences committed in relation to nuclear material etc.
1
If—
a
a person is guilty of an offence to which subsection (2), (3) or (4) applies, and
b
the penalty provided by this subsection would not otherwise apply,
the person shall be liable, on conviction on indictment, to imprisonment for life.
2
This subsection applies to an offence mentioned in section 1(1)(a) or (b) where the act making the person guilty of the offence was done in England and Wales or Northern Ireland and either—
a
the act was done in relation to or by means of nuclear material, or
b
the act—
i
was directed at a nuclear facility, or interfered with the operation of such a facility, and
ii
caused death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.
3
This subsection applies to an offence mentioned in section 1(1)(c) or (d) where the act making the person guilty of the offence—
a
was done in England and Wales or Northern Ireland, and
b
was done in relation to or by means of nuclear material.
4
This subsection applies to an offence mentioned in section 1(1)(a) to (d) where the offence is an offence in England and Wales or Northern Ireland by virtue of section 1(1) or (1A).
1BOffences relating to damage to environment
1
If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2) or (3) he is guilty of an offence.
2
A person contravenes this subsection if without lawful authority—
a
he receives, holds or deals with nuclear material, and
b
he does so either—
i
intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of that material, or
ii
being reckless as to whether, as a result of his so receiving, holding or dealing with that material, damage would be caused to the environment by means of that material.
3
A person contravenes this subsection if without lawful authority—
a
he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and
b
he does so either—
i
intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of the emission of ionising radiation or the release of radioactive material, or
ii
being reckless as to whether, as a result of his act, damage would be caused to the environment by means of such an emission or release.
4
A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.
1COffences of importing or exporting etc. nuclear material: extended jurisdiction
1
If a person, whatever his nationality, outside the United Kingdom contravenes subsection (2) below he shall be guilty of an offence.
2
A person contravenes this subsection if he is knowingly concerned in—
a
the unlawful export or shipment as stores of nuclear material from one country to another, or
b
the unlawful import of nuclear material into one country from another.
3
For the purposes of subsection (2)—
a
the export or shipment as stores of nuclear material from a country, or
b
the import of nuclear material into a country,
is unlawful if it is contrary to any prohibition or restriction on the export, shipment as stores or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.
4
A statement in a certificate issued by or on behalf of the government of a country outside the United Kingdom to the effect that a particular export, shipment as stores or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be evidence (in Scotland, sufficient evidence) that the export, shipment or import was unlawful for the purposes of subsection (2).
5
In any proceedings a document purporting to be a certificate of the kind mentioned in subsection (4) above shall be taken to be such a certificate unless the contrary is proved.
6
A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
7
In this section “country” includes territory.
1DOffences under section 1C: investigations and proceedings etc.
1
Where the Commissioners for Her Majesty's Revenue and Customs investigate, or propose to investigate, any matter with a view to determining—
a
whether there are grounds for believing that an offence under section 1C above has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter is to be treated as an assigned matter within the meaning of CEMA 1979 (see section 1(1) of that Act).
2
Section 138 of CEMA 1979 (provisions as to arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence under section 1C above as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under the customs and excise Acts.
3
Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to legal proceedings) apply in relation to an offence under section 1C above, and to the penalty and proceedings for the offence, as they apply in relation to offences, penalties and proceedings under the customs and excise Acts.
4
In this section—
“CEMA 1979” means the Customs and Excise Management Act 1979;
“the customs and excise Acts”, “shipment” and “stores” have the same meanings as in CEMA 1979 (see section 1(1) of that Act).
I2884
For section 2 substitute—
2Offences involving preparatory acts and threats
1
If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence.
2
A person contravenes this subsection if without lawful authority—
a
he receives, holds or deals with nuclear material, and
b
he does so either—
i
intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or
ii
being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material.
3
A person contravenes this subsection if without lawful authority—
a
he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and
b
he does so either—
i
intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or
ii
being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release.
4
A person contravenes this subsection if he—
a
makes a threat of a kind falling within subsection (5), and
b
intends that the person to whom the threat is made shall fear that it will be carried out.
5
A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either—
a
by means of nuclear material, or
b
by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility.
6
The consequences mentioned in subsection (5) are—
a
relevant injury or damage, or
b
damage to the environment.
7
A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above.
8
A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.
9
In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above.
2AInchoate and secondary offences: extended jurisdiction
1
If a person, whatever his nationality—
a
does an act outside the United Kingdom, and
b
his act, if done in any part of the United Kingdom, would constitute an offence falling within subsection (2),
he shall be guilty in that part of the United Kingdom of the offence.
2
The offences are—
a
attempting to commit a nuclear offence;
b
conspiring to commit a nuclear offence;
c
inciting the commission of a nuclear offence;
d
aiding, abetting, counselling or procuring the commission of a nuclear offence.
3
In subsection (2) a “nuclear offence” means any of the following (wherever committed)—
a
an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material;
b
an offence mentioned in section 1(1)(a) or (b) above, the commission of which involves (or would have involved) an act—
i
directed at a nuclear facility, or which interferes with the operation of such a facility, and
ii
which causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material;
c
an offence under section 1B, 1C or 2(1) and (2) or (3) above;
d
an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of the Customs and Excise Management Act 1979 the commission of which is (or would have been) in connection with a prohibition or restriction relating to the exportation, shipment as stores or importation of nuclear material;
e
for the purposes of subsection (2)(b) to (d)—
i
a blackmail offence, the commission of which is in relation to or by means of nuclear material;
ii
an offence under section 2(1) and (4) or (7) above;
iii
an offence of attempting to commit an offence mentioned in paragraphs (a) to (d).
4
In subsection (3) “a blackmail offence” means—
a
an offence under section 21 of the Theft Act 1968,
b
an offence under section 20 of the Theft Act (Northern Ireland) 1969, or
c
an offence of extortion.
5
In subsection (2)(c) the reference to incitement is—
a
a reference to incitement under the law of Scotland, or
b
in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.
I2895
After section 3 (supplemental) insert—
3AApplication to activities of armed forces
1
Nothing in this Act applies in relation to acts done by the armed forces of a country or territory—
a
in the course of an armed conflict, or
b
in the discharge of their functions.
2
If in any proceedings a question arises whether an act done by the armed forces of a country or territory was an act falling within subsection (1), a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, such an act shall be conclusive of that question.
3
In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) shall be taken to be such a certificate unless the contrary is proved.
I2906
1
Section 6 (material to which the Act applies) is amended as follows.
2
Before subsection (1) insert—
A1
This section applies for the purposes of this Act.
3
In subsection (1), omit “in this Act”.
4
After subsection (1) insert—
1A
“A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of.
1B
For the purposes of subsections (1) and (1A)—
a
nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and
b
a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.
5
In subsection (2)
(question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “
or facility
”
.
6
For subsection (5) substitute—
5
“Act” includes omission.
6
“The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005).
7
“The environment” includes land, air and water and living organisms supported by any of those media.
8
“Radioactive material” means nuclear material or any other radioactive substance which—
a
contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and
b
is capable, owing to its radiological or fissile properties, of—
i
causing bodily injury to a person,
ii
causing damage or destruction to property,
iii
endangering a person's life, or
iv
causing damage to the environment.
7
For the sidenote, substitute “
Interpretation
”
.
I2917
In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “
any British overseas territory
”
.
Part 2Amendments of Customs and Excise Management Act 1979
I2928
1
The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
2
In section 1 (interpretation) in subsection (1) insert at the appropriate place—
“nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act);
3
In section 50 (penalty for improper importation of goods)—
a
in subsection (4)
(penalty for offence) for “or (5B)” substitute “
, (5B) or (5C)
”
;
b
after subsection (5B) insert—
5C
In the case of an offence under subsection (2) or (3) above in connection with a prohibition or restriction relating to the importation of nuclear material, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words
“ 14 years ”.
4
In section 68 (offences in relation to exportation of prohibited or restricted goods)—
a
in subsection (3)
(penalty for offence) for “or (4A)” substitute “
, (4A) or (4B)
”
;
b
after subsection (4A) insert—
4B
In the case of an offence under subsection (2) above in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words
“ 14 years ”.
5
In section 170 (penalty for fraudulent evasion of duty, etc.)—
a
in subsection (3)
(penalty for offence) for “or (4B)” substitute “
, (4B) or (4C)
”
;
b
after subsection (4B) insert—
4C
In the case of an offence under subsection (1) or (2) above in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words
“ 14 years ”.
I2939
1
Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory.
2
Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.
F65SCHEDULE 18Penalties suitable for enforcement in England and Wales or Northern Ireland
Sch. 18 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(c) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
F65Person residing in England and Wales
F651
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person residing in Northern Ireland
F652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in England and Wales
F653
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in Northern Ireland
F654
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in England and Wales and Northern Ireland
F655
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in England and Wales and Scotland
F656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in Northern Ireland and Scotland
F657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Person having property etc. in England and Wales, Scotland and Northern Ireland
F658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65Interpretation
F659
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66SCHEDULE 19Grounds for refusal to enforce financial penalties
Sch. 19 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(d) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
F66Part 1The grounds for refusal
F66A1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F662A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F663
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F663A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F665A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F666
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66Part 2European framework list (financial penalties)
F668
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F669
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6616
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6618
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6620
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6624
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6627
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6629
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6630
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6640
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6644
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6645
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6646
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66Part 3Interpretation
F6647
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18SCHEDULE 20Closure orders: premises associated with persistent disorder or nuisance
Sch. 20 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))
F18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 21Nuisance or disturbance on HSS premises
Offence of causing nuisance or disturbance on HSS premises
1
I3271
A person commits an offence if—
a
the person causes, without reasonable excuse and while on HSS premises, a nuisance or disturbance to an HSS staff member who is working there or is otherwise there in connection with work,
b
the person refuses, without reasonable excuse, to leave the HSS premises when asked to do so by a constable or an HSS staff member, and
c
the person is not on the HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
I3272
A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I3273
For the purposes of this paragraph—
a
a person ceases to be on HSS 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 HSS 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.
I1704
In this paragraph—
“hospital grounds” means land in the vicinity of a hospital and associated with it,
“HSS premises” means—
- a
any hospital vested in, or managed by, an HSS trust,
- b
any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, an HSS trust), and
- c
the hospital grounds,
- a
“HSS staff member” means a person employed by an HSS trust or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),
“HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and
“vehicle” includes an air ambulance.
Power to remove person causing nuisance or disturbance
2
I3281
If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned.
I3282
If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may—
a
remove the person from the HSS premises concerned, or
b
authorise an HSS staff member to do so.
I3283
Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary).
I3284
An authorised officer cannot remove a person under this paragraph 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.
I1715
In this paragraph—
“authorised officer” means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and
“HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.
Guidance about the power to remove etc.
3
I1721
The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2.
I1722
Such guidance may, in particular, relate to—
a
the authorisation by HSS trusts of authorised officers,
b
the authorisation by authorised officers of HSS staff members to remove persons under paragraph 2,
c
training requirements for authorised officers and HSS staff members authorised by them to remove persons under paragraph 2,
d
matters that may be relevant to a consideration by authorised officers for the purposes of paragraph 2 of whether offences are being, or have been, committed under paragraph 1,
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 paragraph 2,
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 HSS premises are aware of the offence in paragraph 1 and the powers of removal in paragraph 2, or
i
the keeping of records.
I1723
Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate.
I3294
An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2.
I1725
In this paragraph—
“authorised officer” has the same meaning as in paragraph 2, and
“HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.
SCHEDULE 22Police misconduct and performance procedures
Part 1Amendments of Police Act 1996
I1081
The Police Act 1996 (c. 16) has effect subject to the following amendments.
General duty of Secretary of State
I1092
In section 36(2)(d)
(general duty of Secretary of State) for “section 85” substitute “
sections 84 and 85
”
.
Regulations for police forces
I110I1233
1
Section 50 (regulations for police forces) is amended as follows.
2
For subsection (3) substitute—
3
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.
3
In subsection (4) omit “, subject to subsection (3)(b),”.
Regulations for special constables
I111I1244
1
Section 51 (regulations for special constables) is amended as follows.
2
In subsection (2)(ba)
(conduct of special constables) after “conduct” insert “
, efficiency and effectiveness
”
.
3
After subsection (2) insert—
2A
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.
Police Federations
I1255
In section 59(3)
(representation only by another member of a police force except in certain circumstances) for “provided by” substitute “
provided in regulations made in accordance with
”
.
Police Advisory Board
I456
1
Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows.
2
In paragraph (a), for “regulations under section 50 or 52” substitute “
regulations or rules under section 50, 52, 84 or 85
”
.
3
After “a draft of the regulations” insert “
or rules
”
.
Representation at disciplinary and other proceedings
I112I1267
For section 84 substitute—
84Representation etc. at disciplinary and other proceedings
1
The Secretary of State shall by regulations make provision for or in connection with—
a
enabling the officer concerned or a relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A);
b
enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.
2
Regulations under this section may in particular make provision—
a
specifying the circumstances in which the officer concerned or a relevant authority is entitled to be legally represented (by a relevant lawyer);
b
specifying the circumstances in which the officer concerned or a relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;
c
for securing that—
i
a relevant authority may be legally represented, and
ii
the panel conducting the proceedings may receive advice from a relevant lawyer,
whether or not the officer concerned is legally represented.
3
Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—
a
for securing that the officer is notified of his right to such representation;
b
specifying when the officer is to be so notified;
c
for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.
4
In this section—
“the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable to whom the proceedings relate;
“the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;
“prescribed” means prescribed by regulations under this section;
“relevant authority” means—
- a
where the officer concerned is a member of a police force (other than a senior officer), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable;
- b
where the officer concerned is a senior officer, the police authority for the police force of which the officer is a member;
“relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);
“senior officer” means a member of a police force holding a rank above that of chief superintendent.
5
But in prescribed circumstances “relevant authority” also includes the Independent Police Complaints Commission.
6
Regulations under this section may make different provision for different cases and circumstances.
7
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
8
Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008.
9
A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Appeals against dismissal etc.
I113I1278
1
Section 85 (appeals against dismissal etc.) is amended as follows.
2
For subsections (1) and (2) substitute—
1
The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable may appeal to a police appeals tribunal.
2
A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.
3
For subsection (4) substitute—
4
Rules made under this section may, in particular, make provision—
a
for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing;
b
for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—
i
by a relevant lawyer within the meaning of section 84, or
ii
by a person who falls within any description of persons prescribed by the rules;
c
for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,
and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules.
4A
Rules under this section may make different provision for different cases and circumstances.
4
For subsection (5) substitute—
5
A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5A
Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Guidance concerning disciplinary proceedings etc.
I1289
1
Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows.
2
For subsection (1) substitute—
1
The Secretary of State may issue relevant guidance to—
a
police authorities,
b
chief officers of police,
c
other members of police forces,
d
special constables, and
e
persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority.
1ZA
“Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).
3
In subsection (1A), after “section 50” insert “
or 51
”
.
4
In subsection (5), after “section 50” insert “
or 51
”
.
Police officers engaged on service outside their force
10
1
Section 97 (police officers engaged on service outside their force) is amended as follows.
2
In subsection (6)—
a
in paragraph (b), omit “or is required to resign as an alternative to dismissal”;
b
in paragraph (c), omit “or is required to resign as an alternative to dismissal”.
3
In subsection (7), omit “, or required to resign as an alternative to dismissal,”.
Police Appeals Tribunals
I12911
1
Schedule 6 (appeals to police appeals tribunals) is amended as follows.
2
In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—
b
one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and
c
one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.
3
In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—
1
In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—
a
one shall be a person chosen from the list referred to in paragraph 1(1)(a),
b
one shall be a senior officer,
c
one shall be a member of the relevant police authority, and
d
one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.
4
Omit paragraph 6 (hearings).
5
In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—
1
Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—
a
by way of substitution for the decision appealed against, and
b
as from the date of that decision.
6
In paragraph 10 (interpretation)—
a
for sub-paragraph (b) substitute—
b
“the relevant police authority” means the police authority which maintains—
i
the police force of which the appellant is a member, or
ii
the police force for the area for which the appellant is appointed as a special constable,
as the case may be.
F22b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Amendments of Ministry of Defence Police Act 1987
I29412
The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.
Defence Police Federation
I29513
In section 3(4)
(representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “
as provided in regulations made under
”
.
Regulations relating to disciplinary matters
I29614
1
Section 3A (regulations relating to disciplinary matters) is amended as follows.
2
For subsection (1) substitute—
1
The Secretary of State may make regulations with respect to—
a
the conduct of members of the Ministry of Defence Police and the maintenance of discipline;
b
the suspension from duty of members of the Ministry of Defence Police.
1A
Without prejudice to the powers conferred by subsection (1), regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.
3
For subsection (2) substitute—
2
The regulations may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—
a
a person appointed in accordance with the regulations; or
b
the Ministry of Defence Police Committee.
Representation etc. at disciplinary proceedings
I29715
For section 4 substitute—
4Representation etc. at disciplinary proceedings
1
The Secretary of State shall by regulations make provision for or in connection with—
a
enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A;
b
enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.
2
Regulations under this section may in particular make provision—
a
specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer;
b
specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;
c
for securing that—
i
the relevant authority may be legally represented, and
ii
the panel conducting the proceedings may receive advice from a relevant lawyer,
whether or not the officer concerned is legally represented.
3
Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—
a
for securing that the officer is notified of his right to such representation;
b
specifying when the officer is to be so notified;
c
for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.
4
In this section—
“the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of the Ministry of Defence Police to whom the proceedings relate;
“the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;
“prescribed” means prescribed by regulations under this section;
“relevant authority” means—
- a
where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police;
- b
where the officer concerned is a senior officer, the Ministry of Defence Police Committee;
“relevant lawyer” means—
- a
in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and
- b
in relation to Scotland or Northern Ireland, counsel or a solicitor;
“senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent.
5
But in prescribed circumstances “relevant authority” also includes—
a
in relation to England and Wales, the Independent Police Complaints Commission;
b
in relation to Scotland, the Police Complaints Commissioner for Scotland;
c
in relation to Northern Ireland, the Police Ombudsman for Northern Ireland.
6
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008.
8
A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Appeals against dismissal etc.
I29816
For section 4A substitute—
4AAppeals against dismissal etc.
1
The Secretary of State shall by regulations—
a
make provision specifying the cases in which a member of the Ministry of Defence Police may appeal to a police appeals tribunal;
b
make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77).
2
A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.
3
The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section.
4
Regulations under this section may, in particular, make provision—
a
for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing;
b
for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—
i
by a relevant lawyer, or
ii
by a person who falls within any description of persons prescribed by the regulations;
c
for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,
and regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations.
5
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
7
In this section—
“police appeals tribunal” means a tribunal constituted in accordance with regulations under this section;
“relevant lawyer” has the same meaning as in section 4.
Part 3Amendments of Railways and Transport Safety Act 2003
I13017
The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.
Police regulations: general
I13118
1
Section 36 (police regulations: general) is amended as follows.
2
In subsection (1)
(power to make regulations about constables) after “conditions” insert “
of service
”
.
3
For subsection (2) substitute—
2
The Authority shall also make regulations similar to the provision made by and under—
a
sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and
b
Schedule 6 to that Act (appeals to police appeals tribunals).
Police regulations: special constables
I13219
After section 37(1) (power to make regulations about special constables) insert—
1A
The Authority shall also make regulations similar to the provision made by and under—
a
sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and
b
Schedule 6 to that Act (appeals to police appeals tribunals).
Police regulations by Secretary of State
I13320
For section 42(3) substitute—
3
If regulations under this section make provision for a matter specified in section 50(3) or section 51(2A) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under—
a
sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and
b
Schedule 6 to that Act (appeals to police appeals tribunals).
Regulations: further appeal
I13421
Omit section 43 (regulations: further appeal).
SCHEDULE 23Investigation of complaints of police misconduct etc.
I1141
The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.
I1152
In section 23(2) (regulations) after paragraph (q) insert—
r
for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Commission by a person who is not that person's legal representative but is of a description specified in the regulations.
I1163
Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.
I1354
In paragraph 6(4)
(handling of complaints by appropriate authority: use of local resolution procedures) in each of paragraphs (a)(ii) and (b)(ii), for the words from “, a requirement to resign” to the end substitute “
or the giving of a final written warning.
”
F205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F208
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13611
1
Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows.
2
In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit the words from “(and the other provisions” to the end.
3
After sub-paragraph (5) insert—
6
Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—
a
the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) continue the investigation as if appointed or designated to investigate the conduct matter, and
b
the other provisions of this Schedule shall apply in relation to that matter accordingly.
12
I117I1371
Paragraph 22 (final reports on investigations) is amended as follows.
I1372
In sub-paragraph (1) (cases where paragraph 22 applies)—
a
after paragraph (a) insert “
or
”
;
b
omit paragraph (c).
I1373
In sub-paragraph (4)
(meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “
a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5)
”
.
I118I1384
At the end insert—
7
The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)—
a
to include such matters as are specified in the regulations;
b
to be accompanied by such documents or other items as are so specified.
8
A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request.
9
The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority—
a
considers that the document or item is of relevance to the investigation, and
b
requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10).
10
Those purposes are—
a
complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related;
b
ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.
I13913
1
Paragraph 23 (action by Commission in response to investigation report) is amended as follows.
2
In sub-paragraph (2) (action to be taken on receipt of report)—
a
for paragraph (b) substitute—
b
shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;
b
in paragraph (c), for “the report does so indicate” substitute “
those conditions are so satisfied
”
;
c
in paragraph (d), after “appropriate authority” insert “
and the persons mentioned in sub-paragraph (5)
”
.
3
After sub-paragraph (2) insert—
2A
The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.
2B
The second condition is that—
a
the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
b
any matters dealt with in the report fall within any prescribed category of matters.
4
In sub-paragraph (5)
(persons to be notified) for “Those” substitute “
The
”
.
F245
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14014
1
Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows.
2
In sub-paragraph (2) (action to be taken on receipt of report)—
a
for paragraph (a) substitute—
a
shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;
b
in paragraph (b), for “the report does so indicate” substitute “
those conditions are so satisfied
”
;
c
after paragraph (b) insert
and
c
shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).
3
After sub-paragraph (2) insert—
2A
The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.
2B
The second condition is that—
a
the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or
b
any matters dealt with in the report fall within any prescribed category of matters.
4
In sub-paragraph (5)
(persons to be notified) for “Those” substitute “
The
”
.
F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For sub-paragraph (6) substitute—
6
On receipt of the report or (as the case may be) copy, the appropriate authority shall also—
a
in accordance with regulations under section 50 or 51 of the 1996 Act, determine—
i
whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and
ii
what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and
b
determine what other action (if any) the authority will in its discretion take in respect of those matters.
F217
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14115
In paragraph 24A(2)
(final reports on investigations into other DSI matters: obligation to submit report) for the words from “A person appointed” to “paragraph 19” substitute “
The person investigating
”
.
I14216
1
Paragraph 24B (action in response to a report on a DSI matter) is amended as follows.
2
In sub-paragraph (2) (circumstances in which appropriate authority must record matter as a conduct matter) omit the words from “(and the other provisions” to the end.
3
After sub-paragraph (2) insert—
3
Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—
a
the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) investigate the conduct matter as if appointed or designated to do so, and
b
the other provisions of this Schedule shall apply in relation to that matter accordingly.
F2517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14318
1
Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows.
2
In sub-paragraph (1)
(application of paragraph) in each of paragraphs (a) and (b), for “proposing to” substitute “
required to or will, in its discretion,
”
.
F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I119I14419
After paragraph 28 insert—
Minor definitions
29
In this Part of this Schedule—
“gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;
“misconduct” means a breach of the Standards of Professional Behaviour;
“the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter;
“prescribed” means prescribed by regulations made by the Secretary of State;
“the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.
I44SCHEDULE 24Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”
Sch. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 43
The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—
SCHEDULE 34AChild sex offences for purposes of section 327A
Offences under provisions repealed by Sexual Offences Act 2003
1
An offence under—
a
section 5 or 6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or 16), or
b
section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
2
An offence under any of—
a
section 1 of that Act (rape),
b
section 10 of that Act (incest by a man), and
c
sections 12 to 16 of that Act (buggery, indecency between men, indecent assault and assault with intent to commit buggery),
where the victim or (as the case may be) the other party was under 18 at the time of the offence.
3
An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).
4
An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape where the intended offence was an offence against a person under 18.
5
An offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
6
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
Other offences
7
An offence under any of—
a
sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),
b
sections 9 to 15 of that Act (child sex offences),
c
sections 16 to 19 of that Act (abuse of position of trust),
d
sections 25 and 26 of that Act (familial child sex offences), and
e
sections 47 to 50 of that Act (abuse of children through prostitution and pornography).
8
An offence under any of—
a
sections 1 to 4 of that Act (rape, assault and causing sexual activity without consent),
b
sections 30 to 41 of that Act (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder), and
c
section 61 of that Act (administering a substance with intent),
where the victim of the offence was under 18 at the time of the offence.
9
An offence under section 62 or 63 of that Act (committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence) where the intended offence was an offence against a person under 18.
10
An offence under section 66 or 67 of that Act (exposure and voyeurism) where the victim or intended victim of the offence was under 18 at the time of the offence.
11
An offence under—
a
section 1 of the Protection of Children Act 1978 (indecent photographs of children), or
b
section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).
12
An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) where the prohibited goods included any indecent photograph showing a person under 18.
13
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) in relation to an image showing a person under 18.
General
14
A reference in this Schedule to an offence (“offence A”) includes—
a
a reference to an attempt to commit offence A,
b
a reference to a conspiracy to commit offence A,
c
a reference to incitement to commit offence A,
d
a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and
e
a reference to aiding and abetting, counselling or procuring the commission of offence A.
15
A reference in this Schedule to an offence (“offence A”) includes—
a
a reference to an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence A, and
b
a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A;
and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.
SCHEDULE 25Amendments to armed forces legislation
Part 1 Courts-Martial (Appeals) Act 1968
I1801
The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.
Power to dismiss certain appeals following references by the CCRC
I1812
After section 25B insert—
Appeals following references by the CCRC
25CPower 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 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995.
2
Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court 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 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 9(3).
Interim hospital orders
I1823
Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.
I1834
Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.
I1845
Before section 36 (but after the cross-heading preceding it) insert—
35AEffect of interim hospital orders
1
This section applies where the Appeal Court—
a
make an interim hospital order by virtue of any provision of this Part, or
b
renew an interim hospital order so made.
2
The Court Martial shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.
I1856
In section 36 (powers of Court under Part 2 which are exercisable by single judge), in subsection (1) after paragraph (h) insert—
ha
to renew an interim hospital order made by them by virtue of any provision of this Part;
Evidence
I1867
1
Section 28 (evidence) is amended as follows.
2
In subsection (1), at the beginning insert “
For the purposes of an appeal or an application for leave to appeal,
”
.
3
In that subsection, for paragraph (b) substitute—
b
order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and
4
After subsection (1) insert—
1A
The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—
a
the Appeal Court;
b
the appellant;
c
the respondent.
5
In subsection (4), at the beginning insert “
For the purposes of an appeal or an application for leave to appeal,
”
.
6
After subsection (4) insert—
5
In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.
Appeals against procedural directions
I1878
In section 36C (appeals against procedural directions), subsections (1) and (2) are omitted.
Detention of accused pending appeal to Supreme Court
I1889
1
Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows.
2
In subsection (1) for “may make an order under this section” substitute “
shall make one of the orders specified in subsection (1A)
”
.
3
In subsection (1A)—
a
for “An order under this section is” substitute “
The orders specified in this subsection are
”
,
b
the word “or” at the end of paragraph (a) is omitted, and
c
after paragraph (b) insert—
c
an order that the accused be released without bail.
4
After subsection (1B) insert—
1C
The Appeal Court may make an order within subsection (1A)(c) only if they think that it is in the interests of justice that the accused should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
5
In subsection (2) for “under this section” substitute “
within subsection (1A)(a) or (b)
”
.
6
For subsection (5) substitute—
5
The accused shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the Appeal Court have made an order within subsection (1A)(c), or
b
the Appeal Court have made an order within subsection (1A)(a) or (b) but the order has ceased to have effect by virtue of subsection (2) or the accused has been released or discharged by virtue of subsection (3).
Part 2Armed Forces Act 2006
I18910
The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.
Consecutive custodial sentences
I19011
In section 188(4)
(consecutive custodial sentences), after “Part 12 of the 2003 Act” insert “
or under Part 2 of the Criminal Justice Act 1991
”
.
Dangerous offenders
I19112
In section 209 (offenders under 18 convicted of certain serious offences), in subsection (7) for “sections 221, 222 and 227” substitute “
section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) and section 227 of this Act
”
.
I19213
1
Section 219 (dangerous offenders aged 18 or over) is amended as follows.
2
In subsection (1) for the words from “a person” to the end substitute
—
a
a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),
b
the corresponding offence under the law of England and Wales is a serious offence, and
c
the court is of the required opinion (defined by section 223).
3
For subsections (2) and (3) substitute—
2
Section 225(2) to (4) of the 2003 Act apply in relation to the offender.
3
In section 225(2) and (3A) of the 2003 Act (as applied by subsection (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act.
4
For the italic cross-heading before section 219 substitute “
Required or discretionary sentences for particular offences
”
.
I19314
1
Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows.
2
In subsection (1) for the words from “a person” to the end substitute
—
a
a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct),
b
the corresponding offence under the law of England and Wales is a specified offence,
c
the court is of the required opinion (defined by section 223), and
d
where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 225(2) of the 2003 Act (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life.
3
For subsection (2) substitute—
2
Section 227(2) to (5) of the 2003 Act apply in relation to the offender.
4
In subsection (3)—
a
for “section 227” substitute “
section 227(2) to (5)
”
,
b
before paragraph (a) insert—
za
the reference in section 227(2A) to “the offence” is to be read as a reference to the offence under section 42 of this Act;
c
in paragraph (a) for “subsection (2)(b)” substitute “
subsection (2C)(b)
”
.
5
After subsection (3) insert—
3A
The power conferred by section 227(6) of the 2003 Act includes power to amend section 227(2B) as applied by this section.
I19415
1
Section 221 (dangerous offenders aged under 18) is amended as follows.
2
In subsection (1) for the words from “a person” to the end substitute
—
a
a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct),
b
the corresponding offence under the law of England and Wales is a serious offence, and
c
the court is of the required opinion (defined by section 223).
3
For subsection (2) substitute—
2
Section 226(2) to (4) of the 2003 Act apply in relation to the offender.
4
In subsection (3)—
a
for the words from the beginning to “is” substitute “
In section 226(2) of the 2003 Act (as applied subsection (2))
”
, and
b
in paragraphs (a) and (b) the words “in section 226(2)” are omitted.
5
Subsection (4) is omitted.
I19516
1
Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows.
2
In subsection (1), in paragraph (d) for the words from “section 221” to the end substitute “
section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) to impose a sentence of detention for life.
”
3
For subsection (2) substitute—
2
Section 228(2) to (5) of the 2003 Act apply in relation to the offender.
4
In subsection (3)—
a
for “section 228” substitute “
section 228(2) to (5)
”
, and
b
in paragraph (a) for “subsection (2)(b)” substitute “
subsection (2B)(b)
”
.
5
After subsection (3) insert—
3A
The power conferred by section 228(7) of the 2003 Act includes power to amend section 228(2A) as applied by this section.
I19617
1
Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows.
2
In subsection (1) for “219(2), 220(2), 221(2)” substitute “
219(1), 220(1), 221(1)
”
.
3
In subsection (2) for “section 229(2) to (4)” substitute “
section 229(2) and (2A)
”
.
4
In subsection (3) the words “to (4)” are omitted.
I19718
1
Section 228 (appeals where previous convictions set aside) is amended as follows.
2
For subsection (1) substitute—
1
Subsection (3) applies where—
a
a sentence has been imposed on any person under section 225(3) or 227(2) of the 2003 Act (as applied by section 219(2) or 220(2) of this Act),
b
the condition in section 225(3A) or (as the case may be) 227(2A) of the 2003 Act was met but the condition in section 225(3B) or (as the case may be) 227(2B) of that Act 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.
I19819
In section 237 (purposes of sentencing), in subsection (3)(b)—
a
for “to 222” substitute “
, 221
”
, and
b
for “any of sections 225 to 228” substitute “
section 225(2) or 226(2)
”
.
I19920
In section 256 (pre-sentence reports), in subsection (1)(c) for the words from “section” to the end substitute “
section 219(1), 220(1), 221(1) or 222(1)
(sentences for dangerous offenders).
”
I20021
In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)(b) for the words from “as a result” to the end substitute “
under section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or as a result of any of sections 225 to 227 of this Act.
”
I20122
In section 261 (length of discretionary custodial sentences: general provision)—
a
in subsection (1) for “falling to be imposed as a result of section 219(2) or 221(2)” substitute “
imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act)
”
, and
b
in subsection (3) for “required minimum sentences” substitute “
sentences that may or must be imposed
”
.
I20223
In section 273 (review of unduly lenient sentences by Court Martial Appeal Court), in subsection (6)(b) for “section 219, 220, 221, 222, 225, 226 or 227” substitute “
section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act
”
.
Restrictions on imposing community punishment
F824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
In section 254(1)
(savings for powers to mitigate sentence etc.) for “and 270” substitute “
, 270 and 270B
”
.
26
I2031
Section 270 (community punishments: general restrictions etc.) is amended as follows.
I2032
After subsection (6) insert—
6A
The fact that by virtue of any provision of this section—
a
a community punishment may be awarded in respect of an offence, or
b
particular restrictions on liberty may be imposed by a community punishment,
does not require a court to award such a punishment or to impose those restrictions.
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of sentence on reference by Attorney General
I20428
In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—
7
Where a reference under subsection (1) relates to a case in which the Court Martial made an order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.
7A
The orders specified in this subsection are—
a
an order under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence);
b
an order under section 82A(2) of the Sentencing Act (determination of minimum term in relation to discretionary life sentences and certain other sentences).
Compensation for miscarriages of justice
I20529
1
Section 276 (compensation for miscarriages of justice) is amended as follows.
2
In subsection (1) for “subsections (2) and (3)” substitute “
subsections (2) to (3A)
”
.
3
At the end of subsection (3) 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.
3A
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 (6) substitute—
6
Section 276A applies in relation to the assessment of the amount of the compensation.
5
After subsection (7) insert—
7A
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 subsection (1) 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.
I20630
After section 276 insert—
276AMiscarriages 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 276 for a miscarriage of justice.
2
In assessing so much of any compensation payable under section 276 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 resulting from 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 276 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 resulting from 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 276 is to be a nominal amount only.
5
The total amount of compensation payable to or in respect of a person under section 276 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 276B applies, and
b
£500,000 in any other case.
6
The total amount of compensation payable under section 276 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 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.
276BCases where person has been detained for at least 10 years
1
For the purposes of section 276A(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 276(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 ordered to be kept in service custody, or remanded for mental health purposes, 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 ordered to be kept in service custody, or remanded for mental health purposes, 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—
“kept in service custody” means—
- a
kept in service custody under section 105(2) of the Armed Forces Act 2006, or
- b
kept in military, air-force or naval custody under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be);
“mental health legislation” means—
- a
Part 3 of the Mental Health Act 1983, or
- b
the provisions of any earlier enactment corresponding to Part 3 of that Act;
“the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
“remanded for mental health purposes” means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment;
“reversed” has the same meaning as in section 276 of this Act.
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.
I20731
In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “
276A(7),
”
.
Imposition of unpaid work requirement for breach of service community order or overseas service community order
I20832
In paragraph 14(b) of Schedule 5 (modifications of Schedule 8 to the Criminal Justice Act 2003 as it applies to overseas community orders), for “(3)” substitute “
(3A)
”
.
Suspended prison sentences: further conviction or breach of requirement
I20933
In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—
a
in the substituted text of sub-paragraph (2), after “Part 12” insert “
of this Act or under Part 2 of the Criminal Justice Act 1991
”
; and
b
in the substituted text of sub-paragraph (3), after “287” insert “
of the Armed Forces Act 2006
”
.
Part 3Transitional provisions
Transitional provisions: compensation for miscarriage of justice
I21034
1
Paragraph 29(3) has effect in relation to any application for compensation made in relation to—
a
a conviction which is reversed, and
b
a pardon which is given,
on or after the commencement date.
2
Paragraphs 29(4) and 30 have effect in relation to—
a
any application for compensation made on or after the commencement date, and
b
any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 276(4) of the 2006 Act.
3
Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.
4
Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date.
5
In the case of—
a
a conviction which is reversed, or
b
a pardon which is given,
before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.
6
But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
7
In this paragraph—
“the 2006 Act” means the Armed Forces Act 2006 (c. 52);
“application for compensation” means an application for compensation made under section 276(3) of the 2006 Act;
“the commencement date” means the date on which paragraphs 29 and 30 come into force;
“reversed” has the same meaning as in section 276(1) of the 2006 Act (as amended by paragraph 29(5)).
SCHEDULE 26Minor and consequential amendments
Part 1Fine defaulters
Magistrates' Courts Act 1980 (c. 43)
1
In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—
a
a youth default order under section 39 of the Criminal Justice and Immigration Act 2008; or
Criminal Justice Act 2003 (c. 44)
2
I461
The Criminal Justice Act 2003 is amended as follows.
I462
In section 221(2) (provision of attendance centres) after paragraph (b) insert—
c
default orders under section 300 of this Act, or
d
youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.
3
In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)—
a
in subsection (1)—
i
for “16” substitute “
18
”
, and
ii
omit paragraph (b), and
b
in subsection (2), omit from “or, as the case may be” to “young offender)”.
I464
In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert—
Attendance centre requirement
3A
In its application to a default order, section 214(2) (attendance centre requirement) is modified by the substitution for “not be less than 12 or more than 36” of
be—
a
not less than 12, and
b
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £200
18 hours
An amount exceeding £200 but not exceeding £500
21 hours
An amount exceeding £500 but not exceeding £1,000
24 hours
An amount exceeding £1,000 but not exceeding £2,500
30 hours
An amount exceeding £2,500
36 hours
I465
In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”.
I466
In paragraph 5 of that Schedule, for “or 3” substitute “
, 3 or 3A
”
.
Part 2Other amendments
Prison Act 1952 (c. 52)
I523
In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “
or other persons who may be lawfully detained there
”
.
Criminal Justice Act 1961 (c. 39)
I534
In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “
a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with
”
.
Children and Young Persons Act 1969 (c. 54)
F95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
I546
In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “
a finding
”
.
Wildlife and Countryside Act 1981 (c. 69)
I557
In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “
by section 19
”
.
Mental Health Act 1983 (c. 20)
I568
In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “
section 225(2) or 226(2)
”
.
Repatriation of Prisoners Act 1984 (c. 47)
9I4
The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
I5710
Before section 1 insert— “
Transfer of prisoners to or from the United Kingdom
”
.
I5811
1
Section 1 (issue of warrant for transfer) is amended as follows.
2
In subsections (2) and (3) for “warrant under this Act” substitute “
warrant under this section
”
.
3
In subsection (4)—
a
for “warrant under this Act”
(in both places) substitute “
warrant under this section
”
;
b
in paragraph (b) omit the words “under this Act”.
4
In subsection (5)
(as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “
warrant under this section
”
.
5
In subsection (6) after “warrant”
(in the first place it appears) insert “
under this section
”
.
6
In subsection (7)(b) after “under” insert “
any of
”
.
7
In subsection (8)—
a
after “similar to” insert “
any of
”
;
b
after “respect to” insert
—
a
c
at the end insert
; or
b
the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).
12
1I5
Section 2 (transfer out of the United Kingdom) is amended as follows.
I592
In subsection (1) after “warrant” insert “
under section 1
”
.
3
In subsection (4)—
I59a
in paragraph (a) for “warrant under this Act” substitute “
warrant under section 1
”
; and
bI5
in paragraph (b)(i)
(as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “
, (1A)
”
.
I594
In subsection (7) for “warrant under this Act” substitute “
warrant under section 1
”
.
I6013
1
Section 3 (transfer into the United Kingdom) is amended as follows.
2
In subsection (1), after “a warrant” insert “
under section 1
”
.
3
In subsections (2), (4) and (6), for “warrant under this Act” substitute “
warrant under section 1
”
.
4
In subsection (7)—
a
at the beginning insert “
Part 1 of
”
; and
b
for “warrant under this Act” substitute “
warrant under section 1
”
.
5
Subsection (10) is omitted.
I6114
1
Section 4 (temporary return) is amended as follows
2
In subsection (1)—
a
for “warrant under this Act” substitute “
warrant under section 1
”
;
b
in paragraph (a), after “Kingdom”
(in the second place it appears) insert “
, or from which responsibility for his detention and release has previously been transferred to the United Kingdom,
”
;
c
in paragraph (b), after “transferred” insert “
, or to which responsibility for his detention and release has previously been transferred,
”
.
3
In subsection (2)—
a
for “a warrant under this Act” substitute “
a warrant under section 1
”
;
b
for “earlier warrant under this Act” substitute “
earlier warrant under section 1 or section 4A
”
.
4
In subsection (3)—
a
for “issued under this Act” substitute “
issued under section 1
”
;
b
after “an earlier warrant” insert “
under section 1 or section 4A
”
.
5
In subsection (4) for “warrant under this Act” substitute “
warrant under section 1
”
.
6
After subsection (5) insert—
6
Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).
I6215
Before section 5 (operation of warrant and retaking prisoners) insert— “
Supplementary and general provisions
”
.
I6316
1
Section 5 (operation of warrant and retaking prisoners) is amended as follows.
2
In subsection (1)—
a
for “under this Act” substitute “
under section 1
”
; and
b
after “this section” insert “
(apart from subsection (9))
”
.
3
After subsection (8) insert—
9
Where—
a
a warrant under section 4A has been issued, and
b
the relevant person is a person to whom subsection (3) of that section applies,
subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).
10
In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—
a
any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;
b
any reference to the prisoner were a reference to the relevant person;
c
in subsection (4)—
i
in paragraph (a) for “that person” there were substituted
“ the authorised person ”; andii
paragraph (b) were omitted; and
d
in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted
“ transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers ”.
I6417
1
Section 6 (revocation etc. of warrants) is amended as follows.
2
In subsection (1)—
a
for “warrant under this Act”
(in the first place they appear) substitute “
warrant under section 1
”
;
b
in paragraph (b) for “this Act” substitute “
that section
”
.
3
After subsection (1) insert—
1A
Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—
a
revoke that warrant; or
b
revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.
4
In subsections (2) and (3) after “subsection (1)(b)” insert “
or (1A)(b)
”
.
5
In subsection (5)(a), for the words from “where” to the end substitute
in a case where—
i
the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or
ii
the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;
I6518
1
Section 8 is amended as follows.
2
In subsection (1) after the definition of “the prisoner” insert
; and
“the relevant person” has the meaning given by section 4A(5)(b).
3
In subsection (3)—
a
in paragraph (a) after “section 1(1)(a)” insert “
or 4A(5)(a)
”
;
b
in paragraph (b) for “such a party” substitute “
a party to such international arrangements as are mentioned in section 1(1)(a)
”
;
c
after paragraph (b) (but before the “or” after that paragraph) insert—
ba
that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,
19
1I6
The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.
I662
For the cross-heading before paragraph 1 substitute— “
Part 1
Warrants under section 1
Application of Part 1
”
.
I663
In paragraph 1—
a
at the beginning insert “
This Part of
”
;
b
after “under” insert “
section 1 of
”
; and
c
after “; and in” insert “
this Part of
”
.
4I6
In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)—
a
in sub-paragraph (1A)(a)
(which defines the enactments relating to release on licence) after “33(1)(b) insert “
, (1A)
”
; and
b
after sub-paragraph (2) insert—
2A
If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.
I665
In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert—
3A
If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.
I666
After paragraph 8 insert—
Part 2Warrants under section 4A transferring responsibility to the relevant minister
9
This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).
10
Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.
11
Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).
12
1
Any reference to the prisoner is to be read as a reference to the relevant person.
2
Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).
13
In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—
a
in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and
b
whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.
14
The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.
Police and Criminal Evidence Act 1984 (c. 60)
I21720
1
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)—
a
after paragraph (a) (and before the word “and” immediately following it) insert—
aa
a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998
b
in paragraph (b), for “of the Crime and Disorder Act 1998” substitute “
of that Act
”
.
2
In section 63B of that Act (testing for presence of Class A drugs) in subsection (7)
(disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “
or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998
”
.
Criminal Justice Act 1987 (c. 38)
I6821
In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “
Advocate General for Northern Ireland
”
.
Criminal Justice Act 1988 (c. 33)
I6922
The Criminal Justice Act 1988 has effect subject to the following amendments.
I7023
In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “
section 225(2) or 226(2)
”
.
24
In section 160(1)
(offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “
Subject to section 160A,
”
.
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))
25
In article 15(5) of the Criminal Justice (Evidence, Etc.)
(Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “
, (2A)
”
.
Football Spectators Act 1989 (c. 37)
I7126
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—
a
for “Part III” substitute “
Part 3 or 3A
”
; and
b
for “(racial hatred)” substitute “
(hatred by reference to race etc)
”
.
Criminal Justice (International Co-operation) Act 1990 (c. 5)
I7227
In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute
—
b
having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
c
having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,
Broadcasting Act 1990 (c. 42)
I7328
1
Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows.
2
In subsection (4)(b), after “section 24” insert “
or 29H
”
.
3
In subsection (5)(b), after “section 22” insert “
or 29F
”
.
Criminal Justice Act 1991 (c. 53)
29
1I7
The Criminal Justice Act 1991 is amended as follows.
F102I7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I1203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I1204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105I7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1206
In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)—
a
for “references in paragraph 3 to a day centre were references to” substitute “
in paragraph 3 “day centre” meant
”
, and
b
at the end insert “
or an attendance centre provided under section 221 of that Act
”
.
I1207
Sub-paragraph (6) extends to England and Wales and Northern Ireland only.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
I7430
In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—
4A
The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender).
4B
Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.
Crime (Sentences) Act 1997 (c. 43)
31I8
The Crime (Sentences) Act 1997 has effect subject to the following amendments.
I7532
1
Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.
2
In paragraph 8(2)(a)
(as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “
, 50A
”
.
3
In paragraph 8(4)(a)
(as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “
, 50A
”
.
4
Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.
5
In paragraph 9(2)(a)
(as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “
, 50A
”
.
6
In paragraph 9(4)(a)
(as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “
, 50A
”
.
7
Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.
33
1I9
Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.
2I9
In paragraph 2(2)
(as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “
, (1A),
”
.
3I9
In paragraph 3(2)
(as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “
, (1A),
”
.
I764
In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—
c
prisoners detained in Scotland in pursuance of warrants which—
i
are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and
ii
relate to sentences that were imposed before 1 October 1993.
Crime and Disorder Act 1998 (c. 37)
34
I2181
Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows.
I2182
After paragraph (a) insert—
aa
the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;
I2193
After paragraph (b) insert—
ba
the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;
bb
the supervision and rehabilitation of persons to whom such cautions are given;
Youth Justice and Criminal Evidence Act 1999 (c. 23)
35
The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.
36
1
Section 35 (child complainants and other child witnesses) is amended as follows.
2
In subsection (3) (offences to which section applies), in paragraph (a)—
a
before sub-paragraph (v) insert—
iva
any of sections 33 to 36 of the Sexual Offences Act 1956,
b
in sub-paragraph (vi), at end insert “
or any relevant superseded enactment
”
.
3
After that subsection insert—
3A
In subsection (3)(a)(vi) “relevant superseded enactment” means—
a
any of sections 1 to 32 of the Sexual Offences Act 1956;
b
the Indecency with Children Act 1960;
c
the Sexual Offences Act 1967;
d
section 54 of the Criminal Law Act 1977.
37
1
Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows.
2
In subsection (1) at end insert “
or any relevant superseded offence
”
.
3
After that subsection insert—
1A
In subsection (1) “relevant superseded offence” means—
a
rape or burglary with intent to rape;
b
an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);
c
an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);
d
an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);
e
an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
38
The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.
39
Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
F3240
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3242
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3245
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3247
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3248
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice and Court Services Act 2000 (c. 43)
50
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—
a
in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “
the giving of assistance to persons
”
, and
b
in subsection (4) for “ “authorised person” and “conditional caution” have” substitute
“conditional caution” has
”
.
Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)
I7751
In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—
6
The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).
Crime (International Co-operation) Act 2003 (c. 32)
I6752
In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EUetc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute
—
a
having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
b
having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.
Sexual Offences Act 2003 (c. 42)
I7853
The Sexual Offences Act 2003 has effect subject to the following amendments.
I21154
1
In section 83(6)(a)
(notification requirements: initial notification) after “court” insert “
or kept in service custody
”
.
2
This paragraph extends to England and Wales and Northern Ireland only.
I21255
1
In section 85(4)(a)
(notification requirements: periodic notification) after “court” insert “
or kept in service custody
”
.
2
This paragraph extends to England and Wales and Northern Ireland only.
56
I791
Section 133 (interpretation) is amended as follows.
2
In subsection (1)—
I79a
in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “
(or, in Northern Ireland, cautioned by a police officer)
”
;
I213b
at the appropriate place insert—
“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));
I2133
After subsection (2) insert—
3
In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).
I794
This paragraph extends to England and Wales and Northern Ireland only.
I8057
1
In section 138 (orders and regulations), at the end insert—
4
Orders or regulations made by the Secretary of State under this Act may—
a
make different provision for different purposes;
b
include supplementary, incidental, consequential, transitional, transitory or saving provisions.
2
The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.
I15858
1
Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.
2
After paragraph 35 insert—
35A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
3
After paragraph 92 insert—
92A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
a
was 18 or over, and
b
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
4
In paragraphs 93(1) and 93A(1)
(service offences) for “35” substitute “
35A
”
.
5
This paragraph extends to England and Wales and Northern Ireland only.
Criminal Justice Act 2003 (c. 44)
I47I173I33159
The Criminal Justice Act 2003 has effect subject to the following amendments.
I174I33260
1
Section 23A (financial penalties) is amended as follows.
2
In subsection (5), for paragraphs (b) and (c) substitute—
b
the person to whom the financial penalty is to be paid and how it may be paid.
3
In subsection (6), for “to the specified officer” substitute “
in accordance with the provision specified under subsection (5)(b).
”
4
After subsection (6) insert—
6A
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
5
Omit subsections (7) to (9).
I17561
After section 23A insert—
23BVariation of conditions
A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a conditional caution by—
a
modifying or omitting any of the conditions;
b
adding a condition.
I176I33362
In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—
ga
the provision which may be made by a relevant prosecutor under section 23A(5)(b),
I10363
In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—
za
Saturday,
F3364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3366
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3367
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3370
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4871
In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “
one-half of
”
.
F6272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4973
In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—
5
The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).
I5074
1
Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows.
2
In subsection (8), for “section 326” substitute “
sections 326 and 327A
”
.
3
After that subsection insert—
8A
Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.
I5175
In section 326(5)(a)
(review of arrangements), for “and this section” substitute “
, this section and section 327A
”
.
F1176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77
In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)
I8178
In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “
sections 244 to 264 and 266 to 268
”
.
Terrorism Act 2006 (c. 11)
I29979
1
Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows.
2
In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “
or nuclear facilities
”
.
3
In paragraph 6(1), after “section 1(1)” insert “
(a) to (d)
”
.
4
For paragraph 6(2) and (3) substitute—
2
An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—
a
is directed at a nuclear facility or interferes with the operation of such a facility, and
b
causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.
3
An offence under any of the following provisions of that Act—
a
section 1B (offences relating to damage to environment);
b
section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);
c
section 2 (offences involving preparatory acts and threats).
4
Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.
5
After paragraph 6 insert—
6A
1
Any of the following offences under the Customs and Excise Management Act 1979—
a
an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;
b
an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;
c
an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.
2
In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).
Natural Environment and Rural Communities Act 2006 (c. 16)
I8280
In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—
da
section 19XB(1) and (4) (offences in connection with enforcement powers);
Police and Justice Act 2006 (c. 48)
I8381
1
The Police and Justice Act 2006 is amended as follows.
2
In subsection (1) of section 49 (orders and regulations)—
a
at the end of paragraph (a) insert “
or
”
;
b
omit paragraph (c) and the “or” preceding it.
3
In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).
Armed Forces Act 2006 (c. 52)
I21482
1
The Armed Forces Act 2006 has effect subject to the following amendments.
2
In paragraph 12(ah) of Schedule 2 (offences)—
a
for “and 18 to 23” substitute “
, 18 to 23 and 29B to 29G
”
, and
b
for “racial or religious hatred” substitute “
hatred by reference to race etc
”
.
3
In paragraph 1(2) of Schedule 5 (service community orders: general)—
a
for “12, 13, 15, 16(5), 17(5) and (6)” substitute “
13, 16(5), 17(6)
”
, and
b
after “21” insert “
, 25A
”
.
4
In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—
a
for “12, 13, 15, 16(5), 17(5) and (6)” substitute “
13, 16(5), 17(6)
”
, and
b
for “and 23(1)(a)(ii)” substitute “
, 23(1)(a)(ii) and 25A
”
.
Offender Management Act 2007 (c. 21)
I32683
In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—
a
in subsection (1)(b) for “authorised persons to be given assistance in” substitute “
the giving of assistance to persons
”
, and
b
in subsection (4) for “ “authorised person” and “conditional caution” have” substitute
“conditional caution” has
”
.
SCHEDULE 27Transitory, transitional and saving provisions
Part 1Youth justice
Reparation orders
I3012
1
Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 108(1) to (5) of Schedule 4 (reparation orders: court before which offender to appear or be brought) come into force before the amendments of Schedule 8 to that Act made by paragraph 62 of that Schedule.
2
After paragraph 108(1) to (5) of Schedule 4 comes into force, and until paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
a
in sub-paragraph (5)(a) and (c), for “the appropriate court” there were substituted “
a youth court
”
, and
b
in sub-paragraph (6), for “appropriate” there were substituted “
youth
”
.
3
Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 62 of Schedule 4 come into force before the amendments of Schedule 8 to that Act made by paragraph 108(1) to (5) of that Schedule (reparation orders: court before which offender to appear or be brought).
4
After paragraph 62 of Schedule 4 comes into force, and until paragraph 108(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
a
for “an action plan order or” there were substituted “
a
”
, and
b
the words “69(8) or, as the case may be,” were omitted.
Making of youth rehabilitation orders: other existing orders
I3023
In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
Instructions: other existing orders
I3034
In section 5(3)(c) (instructions not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
Fine default: section 35 of the Crime (Sentences) Act 1997
I3045
The amendments, repeals and revocations in section 6, Schedule 4 and Part 1 of Schedule 28 of provisions which are necessary to give effect to section 35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have effect in relation to a sum ordered to be paid where—
a
the sum is treated as adjudged to be paid on conviction, and
b
the act or omission to which the sum relates occurred, or the order was made, before the commencement of those repeals and amendments.
Restrictions on imposing community sentences
I84I3056
In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions on imposing community sentences), as inserted by section 10 of this Act, the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
Attendance centre rules
I3067
The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003 includes a reference to rules made, or having effect as if made, before the coming into force of that section under section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and management of attendance centres).
Part 2Sentencing
Release and recall of prisoners
F128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8510
The amendments made by subsections (3) and (5) of section 28 do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 before the commencement of section 28.
I8611
In section 255A and 255C of the Criminal Justice Act 2003 (which are inserted by section 29) “specified offence prisoner” is to be read as including a prisoner serving a determinate sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 if—
a
the warrant was issued before the commencement of section 29; and
b
the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003.
I8712
The amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 on or after the commencement of section 32 but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991.
Fine defaulters
13
1
Section 39 and Schedule 7 do not apply—
a
in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or
b
where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.
I882
Section 40 and paragraph 2(4) and (6) of Schedule 26 do not apply—
a
in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or
b
where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.
Part 3Appeals
Appeals against conviction etc.
I8914
The amendment made by section 42 applies in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.
I9015
The amendment made by section 43 applies in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.
Prosecution appeals
I9116
1
The amendment made by section 44 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force.
2
For the purposes of this paragraph, the proceedings on appeal begin—
a
if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is served on the Crown Court officer or, in the case of an oral application, on the date the application is made, or
b
if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer.
3
In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).
I9217
1
The amendment made by section 45 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force.
2
For the purposes of this paragraph, the proceedings on appeal begin—
a
if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is made,
b
if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer, or
c
if leave to appeal is not required, on the date the prosecution informs the Crown Court judge that it intends to appeal.
3
In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).
Part 4Other criminal justice provisions
Alternatives to prosecution for offenders under 18
I22018
The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.
Protection for spent cautions under Rehabilitation of Offenders Act 1974
I15219
1
Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c. 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date.
2
A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8).
3
A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date.
4
If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies.
5
If the period of three months from the date on which a conditional caution was given ends after the commencement date, the caution shall be regarded as a spent caution at the end of that period of three months unless sub-paragraph (7) applies.
6
Sub-paragraph (7) applies if—
a
before the date on which the caution would be regarded as a spent caution in accordance with sub-paragraph (4) or (5) (“the relevant date”), the person concerned is convicted of the offence in respect of which the caution was given, and
b
the rehabilitation period for the offence ends after the relevant date.
7
The caution shall be regarded as a spent caution at the end of the rehabilitation period for the offence.
8
If, on or after the date on which the caution becomes regarded as a spent caution in accordance with sub-paragraph (4) or (5), the person concerned is convicted of the offence in respect of which the caution was given—
a
the caution shall be treated for the purposes of Schedule 2 to the 1974 Act as not having become spent in relation to any period before the end of the rehabilitation period for the offence, and
b
the caution shall be regarded as a spent caution at the end of that rehabilitation period.
9
In this paragraph, “the commencement date” means the date on which section 49 comes into force.
I15320
In the application of subsection (7) of section 9A of the Rehabilitation of Offenders Act 1974 (as inserted by paragraph 4 of Schedule 10) to offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a reference to 6 months.
Extension of powers of non-legal staff
I9321
A designation made under section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) which has effect immediately before the date on which section 55 comes into force continues to have effect on and after that date as if made under section 7A as amended by that section.
Compensation for miscarriages of justice
I14522
1
Section 61(3) has effect in relation to any application for compensation made in relation to—
a
a conviction which is reversed, and
b
a pardon which is given,
on or after the commencement date.
2
Section 61(4), (6) and (7) have effect in relation to—
a
any application for compensation made on or after the commencement date, and
b
any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 133(3) of the 1988 Act.
3
Section 61(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.
4
Section 61(5) so has effect whether a conviction was quashed before, on or after the commencement date.
5
In the case of—
a
a conviction which is reversed, or
b
a pardon which is given,
before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.
6
But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
7
In this paragraph—
“the 1988 Act” means the Criminal Justice Act 1988 (c. 33);
“application for compensation” means an application for compensation made under section 133(2) of the 1988 Act;
“the commencement date” means the date on which section 61 comes into force;
“reversed” has the same meaning as in section 133 of the 1988 Act (as amended by section 61(5)).
Part 5Criminal law
Penalties for possession of extreme pornographic images
I15923
In section 67(4)(a) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of F63paragraph 24(2) of Schedule 22 to the Sentencing Act 2020.
Indecent photographs of children
24
1
Section 69(3) applies in relation to things done as mentioned in—
a
section 1(1) of the Protection of Children Act 1978 (c. 37) (offences relating to indecent photographs of children), or
b
section 160(1) of the Criminal Justice Act 1988 (c. 33) (offence of possession of indecent photographs of children),
after the commencement of section 69.
2
Section 70(3) applies in relation to things done as mentioned in—
a
Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent photographs of children), or
b
Article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession of indecent photographs of children),
after the commencement of section 70.
Maximum penalty for publication etc. of obscene articles
I16025
Section 71 does not apply to offences committed before the commencement of that section.
Offences relating to nuclear material and nuclear facilities
I30726
The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.
Reasonable force for purposes of self-defence etc.
I9427
1
Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force.
2
But that section does not apply in relation to—
a
any trial on indictment where the arraignment took place before that date, or
b
any summary trial which began before that date,
or in relation to any proceedings in respect of any trial within paragraph (a) or (b).
3
Where the alleged offence is a service offence, that section similarly does not apply in relation to—
a
any proceedings before a court where the arraignment took place before that date, or
b
any summary proceedings which began before that date,
or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).
4
For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.
5
In this paragraph—
“service offence” means—
- a
any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or
- b
any offence under Part 1 of the Armed Forces Act 2006 (c. 52);
- a
“summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.
Unlawfully obtaining etc. personal data: defences
28
The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.
Part 6International co-operation in relation to criminal justice matters
Mutual recognition of financial penalties
F6729
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repatriation of prisoners
I9530
The amendment made by section 93 does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.
Part 7Violent offender orders
Penalties for offences
I17831
In section 113(7)(a) in its application in relation to England and Wales the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of F64paragraph 24(2) of Schedule 22 to the Sentencing Act 2020.
Service custody and detention
I17932
1
In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)—
a
the definition of “kept in service custody” in section 117(1) of this Act does not apply; and
b
any reference in Part 7 to being kept in service custody is to be read as a reference to being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 47G(2) of the Naval Discipline Act 1957 (c. 53) (as the case may be).
2
In relation to any time before the commencement of the definition of “service detention” in section 374 of the Armed Forces Act 2006—
a
the definition of “service detention” in section 117(1) of this Act does not apply; and
b
any reference in Part 7 to service detention is to be read as a reference to detention under section 71(1)(e) of the Army Act 1955 or of the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.
Part 8Anti-social behaviour
Review of anti-social behaviour orders etc.
I16433
1
The amendments made by section 123 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.
2
In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
Individual support orders
I16534
1
The amendments made by section 124 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.
2
In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
Part 9Police
Police misconduct and performance procedures
35
I1461
This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 22 come into force before the relevant provisions of the Legal Services Act 2007 (c. 29) come into force.
2
Until the relevant provisions of the Legal Services Act 2007 come into force—
I146a
section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph 7 of that Schedule and as referred to in the subsection (4) of section 85 of that Act substituted by paragraph 8(3) of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—
“relevant lawyer” means counsel or a solicitor;
I308b
section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as substituted by paragraph 15 of that Schedule and as referred to in subsection (7) of the section 4A of that Act substituted by paragraph 16 of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—
“relevant lawyer” means counsel or a solicitor;
I1463
In this paragraph “the relevant provisions of the Legal Services Act 2007” means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
Part 10Special immigration status
Conditions on designated persons
36
In the application of section 133 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in section 133(6)(b) to 51 weeks is to be read as a reference to six months.
Part 11Miscellaneous
Persistent sales of tobacco to persons under 18
I16737
The new sections 12A and 12B inserted into the Children and Young Persons Act 1933 (c. 12) by section 143 do not apply where any of the offences mentioned in those new sections were committed before the commencement of that section.
Sexual offences
I9638
The amendment made by sub-paragraph (1) of paragraph 57 of Schedule 26 is not to be read as affecting the validity of any supplementary, incidental, consequential, transitional, transitory or saving provisions included in orders or regulations made by the Secretary of State under the Sexual Offences Act 2003 (c. 42) before the commencement of that sub-paragraph.
SCHEDULE 28Repeals and revocations
I309Part 1Youth rehabilitation orders
Sch. 28 Pt. 1 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(u)
Sch. 28 Pt. 1 entries repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)
Title | Extent of repeal or revocation |
|---|---|
Children and Young Persons Act 1933 (c. 12) | In section 34(7), the words “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”. In section 49—
|
Social Work (Scotland) Act 1968 (c. 49) | In section 94(1), in the definition of “supervision order”, the words “the Powers of Criminal Courts (Sentencing) Act 2000 or”. |
Children and Young Persons Act 1969 (c. 54) | Section 25. In section 70(1), the definition of “supervision order”. |
Northern Ireland (Modification of Enactments — No. 1) Order 1973 (S.I. 1973/2163) | In Schedule 1, the entry relating to section 25(2) of the Children and Young Persons Act 1969. |
Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. 1973 No. 256) | In Schedule 2, the entry relating to section 25 of the Children and Young Persons Act 1969. |
Bail Act 1976 (c. 63) | In section 4(3), the words “to be dealt with”. |
Magistrates' Courts Act 1980 (c. 43) | In Schedule 6A, the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). |
Contempt of Court Act 1981 (c. 49) | In section 14, the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48). |
Criminal Justice Act 1982 (c. 48) | In Schedule 13—
In Schedule 14, paragraph 60. |
Mental Health Act 1983 (c. 20) | In section 37(8)(c), the words “a supervision order (within the meaning of that Act) or”. |
Health and Social Services and Social Security Adjudications Act 1983 (c. 41) | In Schedule 2, paragraphs 15(b) and 16. |
Children Act 1989 (c. 41) | In section 21(2)(c), in sub-paragraph (i), the words “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and the word “or” at the end of that sub-paragraph. In section 105(6), in paragraph (b), the words from “or an” to the end of that paragraph. In Schedule 13, paragraph 35(3). |
Criminal Justice Act 1991 (c. 53) | In paragraph 11 of Schedule 3—
In Schedule 11, paragraph 3. |
Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/ 2032) | In regulation 8(1)—
|
Prisoners (Return to Custody) Act 1995 (c. 16) | Section 2(2). |
Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/ 756) | Article 7(2) and (3). |
Crime and Disorder Act 1998 (c. 37) | In section 38(4)—
In Schedule 8, paragraph 13(1). |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | Chapters 1, 2, 4 and 5 of Part 4. In section 74(3)(a), the words “or with the requirements of any community order or any youth community order to which he may be subject”. In section 75, the words “action plan orders and” and “so far as relating to reparation orders”. In section 137(2)—
In section 159, the words “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”, “paragraph 1(1) of Schedule 5 to this Act,” and “paragraph 7(2) of Schedule 7 to this Act, or”. In section 163, the definitions of—
and paragraphs (a), (aa) and (f) of the definition of “responsible officer”. Schedules 3 and 5 to 7. In Schedule 8—
In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4), 28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b), 127, 129, 131 and 132. In Schedule 10, paragraphs 4 to 6 and 12 to 15. In Schedule 11, paragraphs 4(1)(a), (2) and (3) and 5. |
Care Standards Act 2000 (c. 14) | In Schedule 4, paragraph 28(3). |
Criminal Justice and Court Services Act 2000 (c. 43) | Section 46. Section 52. Section 70(5). In Schedule 7—
|
Anti-social Behaviour Act 2003 (c. 38) | Section 88. Schedule 2. |
Criminal Justice Act 2003 (c. 44) | In section 147, subsections (1)(b) and (2). In section 148—
In section 156(2), “or (3)(a)”. In section 161—
In section 176, the definition of “youth community order”. In section 197(1)(b), the words “the offender is aged 18 or over and”. Section 199(4). Section 211(5). In section 221(2), paragraph (b) together with the word “or” immediately preceding it. Section 279. In section 330(5)(a), the entry relating to section 161(7). In Schedule 8, paragraphs 12, 15 and 17(5). Schedule 24. In Schedule 32, paragraphs 2(2), 8(2)(a), 14, 64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to 105, 106(2), 107, 122, 123(3), (5) and (8), 125, 127, 128, 129, 131(3) and 138. |
I97I121I169I215I325Part 2Sentencing
Sch. 28 Pt. 2 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 para. 2)
Sch. 28 Pt. 2 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(2)
Sch. 28 Pt. 2 in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(g)
Sch. 28 Pt. 2 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(j)
Sch. 28 Pt. 2 in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(f)
Title | Extent of repeal or revocation |
|---|---|
Criminal Justice Act 1991 (c. 53) | In section 45—
Section 46(1). In section 46A—
In section 50(2), the words from “but nothing” to the end. |
Crime (Sentences) Act 1997 (c. 43) | In section 31(1), “(1) or (2)”. In Schedule 5, in paragraph 7, the words “the corresponding subsection of”. |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 17—
Section 92(3). |
Criminal Justice Act 2003 (c. 44) | In section 142(2)(a), the words “at the time of conviction”. In section 153(1), the words “falling to be”. In section 224(3), the definition of “relevant offence”. In section 227(1)(a), the words “, other than a serious offence,”. In section 228—
In section 229—
Sections 233 and 234. In section 247—
Section 254(3) to (5). In section 256—
In section 260—
In section 264A(3), the words from “and none” to the end. In section 300—
Section 305(4)(e). Schedules 16 and 17. In Schedule 31, in paragraph 4(5)(a), “, (5)”. |
Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605) | Regulation 2(2) and (3). |
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950 | Paragraph 30 of Schedule 2. |
Armed Forces Act 2006 (c. 52) | In section 221—
In section 223(3), the words “to (4)”. In section 270—
In Schedule 16, paragraphs 218 and 225. |
I98Part 3Appeals
Sch. 28 Pt. 3 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 paras. 4-6, 9)
Title | Extent of repeal |
|---|---|
Criminal Appeal Act 1968 (c. 19) | In section 4(2), the words “for the offence of which he remains convicted on that count”. In section 6—
Section 11(6). In section 14—
Section 16B(3). In section 31, in the heading, the words “under Part 1”. Section 31C(1) and (2). |
Courts-Martial (Appeals) Act 1968 (c. 20) | Section 16(5). Section 25B(3). Section 36C(1) and (2). In section 43(1A), the word “or” at the end of paragraph (a). |
Judicature (Northern Ireland) Act 1978 (c. 23) | In section 49—
|
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | Section 10(6). |
Mental Health Act 1983 (c. 20) | In Schedule 4, paragraph 23(d)(ii). |
Criminal Justice Act 1988 (c. 33) | In section 36(9), the word “and” at the end of paragraph (ab). |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 155—
|
Criminal Justice Act 2003 (c. 44) | Section 272(1). |
I99I122I177I334I2Part 4Other criminal justice provisions
Sch. 28 Pt. 4 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
Sch. 28 Pt. 4 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(3)
Sch. 28 Pt. 4 in force at 8.7.2009 for specified purposes by S.I. 2009/1678, art. 3(c)
Sch. 28 Pt. 4 in force at 8.4.2013 for specified purposes by S.I. 2013/616, art. 2(d)
Sch. 28 Pt. 4 partly in force; Sch. 28 Pt. 4 partly in force at Royal Assent, see s. 153(1)(a) and further in force for certain purposes at 8.7.2008, see s. 153(2)(a)
Title | Extent of repeal |
|---|---|
Children and Young Persons Act 1969 (c. 54) | Section 23AA(4)(a). |
Bail Act 1976 (c. 63) | Section 3AA(6) to (10) and (12). |
Magistrates' Courts Act 1980 (c. 43) | Section 13(5). Section 24(1B). |
Prosecution of Offences Act 1985 (c. 23) | Section 7A(6). |
Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) | Section 8. |
Access to Justice Act 1999 (c. 22) | Section 17A(5). |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 3—
|
Sexual Offences Act 2003 (c. 42) | Section 86(4). Section 87(6). |
Criminal Justice Act 2003 (c. 44) | Section 23A(7) to (9). In Schedule 3, paragraphs 13, 22 and 57(2). In Schedule 36, paragraph 50. In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”. |
I100I310I3Part 5Criminal law
Sch. 28 Pt. 5 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
Sch. 28 Pt. 5 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(v)
Sch. 28 Pt. 5 partly in force at Royal Assent, see s. 153(1)(j) and further in force for certain purposes at 8.7.2008, see s. 153(2)(d)
Title | Extent of repeal |
|---|---|
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) | In section 1, the words “any blasphemous libel, or”. |
Law of Libel Amendment Act 1888 (c. 64) | In section 3, the words “blasphemous or”. In section 4, the words “blasphemous or”. |
Nuclear Material (Offences) Act 1983 (c. 18) | Section 1(2). In section 6(1), the words “in this Act”. |
Public Order Act 1986 (c. 64) | Section 29B(3). In section 29H—
In section 29I—
In section 29L(1) and (2), the words “in England and Wales”. |
Sexual Offences Act 2003 (c. 42) | In Schedule 2, in paragraph 1(d), the words “in relation to a photograph or pseudo-photograph showing a child under 16”. |
Terrorism Act 2006 (c. 11) | Section 14. |
I101Part 6International co-operation in relation to criminal justice matters
Sch. 28 Pt. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
Title | Extent of repeal |
|---|---|
Commissioners for Revenue and Customs Act 2005 (c. 11) | In Schedule 2, paragraph 14. |
Repatriation of Prisoners Act 1984 (c. 47) | In section 1(4)(b) the words “under this Act”. Section 3(10). In section 8(1) the word “and” after the definition of “order”. |
Police and Justice Act 2006 (c. 48) | Section 44(4). |
I168Part 7Anti-social behaviour
Sch. 28 Pt. 7 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(j)
Title | Extent of repeal |
|---|---|
Police and Justice Act 2006 (c. 48) | In Schedule 14, paragraph 55(5). |
I102I147Part 8Policing
Sch. 28 Pt. 8 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
Sch. 28 Pt. 8 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(k)
Title | Extent of repeal |
|---|---|
Police Act 1996 (c. 16) | In section 50(4), the words “, subject to subsection (3)(b),”. In section 54(2), the words “and the Central Police Training and Development Authority”. In section 97—
In Schedule 6, paragraph 6. |
Greater London Authority Act 1999 (c. 29) | In Schedule 27, paragraphs 95 and 107. |
Criminal Justice and Police Act 2001 (c. 16) | In section 125—
|
Police Reform Act 2002 (c. 30) | In Schedule 3—
|
Railways and Transport Safety Act 2003 (c. 20) | Section 43. |
Police and Justice Act 2006 (c. 48) | In section 49(1), paragraph (c) together with the word “or” immediately preceding it. In Schedule 1, paragraph 30(3). In Schedule 2, paragraph 19. |
Legal Services Act 2007 (c. 29) | In Schedule 21, paragraphs 73 and 119. |
Sch. 1 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2