Criminal Justice Act 2003 (c. 44)

Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Chapter 4 E+W Further provisions about orders under Chapters 2 and 3

Modifications etc. (not altering text)

C2 Pt. 12 Ch. 4 applied (with modifications) (8.12.2008) by Children Act 1989 (c. 41), Sch. A1 paras. 1-3 (as inserted by the Children and Adoption Act 2006 (c. 20), ss. 4(2), 17, Sch. 1); S.I. 2008/2870, art. 2(2)(c)

C3 Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C4 Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Introductory E+W

197 Meaning of “the responsible officer” E+W

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

(a) in a case where the order—

(i) imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 177(1) or, as the case requires, section 182(1) or 190(1), and

(ii) imposes an electronic monitoring requirement,

the person who under section 215(3) is responsible for the electronic monitoring required by the order;

(b) in a case where F1 . . . the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;

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

(2) The following are qualifying officers for the purposes of subsection (1)(c) —

[F2 (a) in a case where the offender is aged under 18 at the time when the relevant order is made—

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

(ii) a member of a youth offending team established by a local authority for the time being specified in the order.]

(b) in any other case, an officer of a local probation board appointed for or assigned to the [F3 local justice area] for the time being specified in the order [F4 , or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being specified in the order] .

(3) The Secretary of State may by order—

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

(b) make any other amendments of this Part that appear to him to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

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

Textual Amendments

F1 Words in s. 197(1)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 83, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)

F2 S. 197(2)(a) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(5)(a)

F3 Words in s. 197(2)(a)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 102

F4 Words in s. 197(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(5)(b)

Modifications etc. (not altering text)

C5 S. 197(1)(2) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 197 partly in force; s. 197 not in force at Royal Assent, see s. 336(3); s. 197 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 197(3)(4) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 197 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 12 (subject to art. 2(2), Sch. 2)