Criminal Justice and Public Order Act 1994

Section 12.

SCHEDULE 1 Escort Arrangements: England and Wales

Arrangements for the escort of offenders detained at secure training centres

1 (1) The Secretary of State may make arrangements for any of the following functions, namely—

(a) the delivery of offenders from one set of relevant premises to another;

(b) the custody of offenders held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

(c) the custody of offenders temporarily held in a secure training centre in the course of delivery from one secure training centre to another; and

(d) the custody of offenders while they are outside a secure training centre for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.

(2) In sub-paragraph (1)(a) above, “relevant premises” means a court, secure training centre, police station or hospital.

(3) Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers.

(4) Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a custody officer acting in pursuance of escort arrangements.

(5) In this paragraph—

• “hospital” has the same meaning as in the [1983 c. 20.] Mental Health Act 1983;

• “hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the [1968 c. 19.] Criminal Appeal Act 1968;

• “hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

• “warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

Monitoring etc. of escort arrangements

2 (1) Escort arrangements shall include the appointment of—

(a) an escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b) a panel of lay observers whose duty it shall be to inspect the conditions in which offenders are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2) It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.

(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Powers and duties of custody officers acting in pursuance of escort arrangements

3 (1) A custody officer acting in pursuance of escort arrangements shall have the following powers, namely—

(a) to search in accordance with rules made by the Secretary of State any offender for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b) to search any other person who is in or is seeking to enter any place where any such offender is or is to be held, and any article in the possession of such a person.

(2) The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

(3) A custody officer shall have the following duties as respects offenders for whose delivery or custody he is responsible in pursuance of escort arrangements, namely—

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(c) to ensure good order and discipline on their part;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by custody officers of their duty under (d) above.

(4) The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary.

(5) The power to make rules under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

4 In this Schedule—

• “escort arrangements” has the meaning given by paragraph 1 above; and

• “offender” means an offender sentenced to secure training under section 1 of this Act.

• “secure training centre” includes—

  (a)

  a contracted out secure training centre;

  (b)

  any other place to which an offender may have been committed or transferred under section 2 of this Act.

Section 12.

SCHEDULE 2 Certification of Custody Officers: England and Wales

Preliminary

1 In this Schedule—

• “certificate” means a certificate under section 12(3) of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3 (1) This paragraph applies where at any time—

(a) in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;

(b) in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the person in charge of the secure training centre that the officer is not a fit and proper person to perform custodial duties; or

(c) in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the person in charge of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

(2) The escort monitor or person in charge may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4 Where at any time it appears to the Secretary of State that a custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 27.

SCHEDULE 3 Bail: Supplementary Provisions

Bail Act 1976

1 Section 5 of the [1976 c. 63.] Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows—

(a) in subsection (1)(d), after the words “a court” there shall be inserted the words “or constable”; and

(b) after subsection (10), there shall be inserted the following subsection—

“(11) This section is subject, in its application to bail granted by a constable, to section 5A of this Act.”.

2 After section 5 of the Bail Act 1976 there shall be inserted the following section—

“5A Supplementary provisions in cases of police bail

(1) Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

(2) For subsection (3) substitute the following—

“(3) Where a custody officer, in relation to any person,—

(a) imposes conditions in granting bail in criminal proceedings, or

(b) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates' court, to vary the conditions, give reasons for imposing or varying the conditions.”.

(3) For subsection (4) substitute the following—

“(4) A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”.

(4) Subsections (5) and (6) shall be omitted.”.

Magistrates' Courts Act 1980

3 After section 43A of the [1980 c. 43.] Magistrates' Courts Act 1980 there shall be inserted the following section—

“43B Power to grant bail where police bail has been granted

(1) Where a custody officer—

(a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or

(b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,

a magistrates' court may, on application by or on behalf of that person, grant bail or vary the conditions.

(2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.

(3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.

(4) In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.”.

Section 44.

SCHEDULE 4 Transfer for Trial

Part I Provisions Substituted for Sections 4 to 8 of Magistrates' Courts Act 1980

“Transfer for trial

4 Transfer for trial: preliminary

(1) Where—

(a) a person is charged before a magistrates' court with an offence which is triable only on indictment; or

(b) a person is charged before a magistrates' court with an offence triable either way and—

(i) the court has decided that the offence is more suitable for trial on indictment, or

(ii) the accused has not consented to be tried summarily,

the court and the prosecutor shall proceed with a view to transferring the proceedings for the offence to the Crown Court for trial.

(2) Where, under subsection (1) above or any other provision of this Part, a magistrates' court is to proceed with a view to transferring the proceedings for the offence to the Crown Court for trial, sections 5 to 8C below, or such of them as are applicable, shall apply to the proceedings against the accused, unless—

(a) the prosecutor decides to discontinue or withdraw the proceedings;

(b) the Commissioners of Customs and Excise decide, under section 152(a) of the [1979 c. 2.] Customs and Excise Management Act 1979, to stay or compound the proceedings;

(c) the court proceeds to try the information summarily under section 25(3) or (7) below; or

(d) a notice of transfer under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991 is served on the court.

(3) The functions of a magistrates' court under sections 5 to 8C below may be discharged by a single justice.

(4) A magistrates' court may, at any stage in the proceedings against the accused, adjourn the proceedings, and if it does so shall remand the accused.

(5) Any reference in this Part to a magistrates' court proceeding with a view to transfer for trial is a reference to the court and the prosecutor proceeding with a view to transferring the case to the Crown Court for trial and any reference to transferring for trial shall be construed accordingly.

5 Prosecutor’s notice of prosecution case

(1) Where this section applies to proceedings against an accused for an offence, the prosecutor shall, within the prescribed period or within such further period as the court may on application by the prosecutor allow, serve on the magistrates' court a notice of his case which complies with subsection (2) below.

(2) The notice of the prosecution case shall—

(a) specify the charge or charges the proceedings on which are, subject to section 6 below, to be transferred for trial;

(b) subject to subsection (5) below, include a set of the documents containing the evidence (including oral evidence) on which the charge or charges is or are based; and

(c) contain such other information (if any) as may be prescribed;

and in this Part a “notice of the prosecution case” means a notice which complies with this subsection.

(3) The accused and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.

(4) On serving the notice of the prosecution case on the magistrates' court, the prosecutor shall serve a copy of the notice on the accused, or each of the accused, unless the person to be served cannot be found.

(5) There shall be no requirement on the prosecutor to include in the notice of the prosecution case copies of any documents referred to in the notice as having already been supplied to the court or the accused, as the case may be.

(6) In this section “co-accused”, in relation to the accused, means any other person charged in the same proceedings with him.

6 Application for dismissal

(1) Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the accused, or any of them, may, within the prescribed period, or within such further period as the court may on application allow, make an application in writing to the court (“an application for dismissal”) for the charge or, as the case may be, any of the charges to be dismissed.

(2) If an accused makes an application for dismissal he shall, as soon as reasonably practicable after he makes it, send a copy of the application to—

(a) the prosecutor; and

(b) any co-accused.

(3) The prosecutor shall be given an opportunity to oppose the application for dismissal in writing within the prescribed period.

(4) The prosecutor and any co-accused shall be given an opportunity to oppose in writing within the prescribed period the grant of an extension of time under subsection (1) above.

(5) The court shall permit an accused who has no legal representative acting for him to make oral representations to the court when it considers his application for dismissal.

(6) An accused who has a legal representative acting for him and who makes an application for the dismissal of a charge may include in his application a request that, on the ground of the complexity or difficulty of the case, oral representations of his should be considered by the court in determining the application; and the court shall, if it is satisfied that representations ought, on that ground, to be considered, give leave for them to be made.

(7) The prosecutor shall be given an opportunity to oppose in writing within the prescribed period the giving of leave under subsection (6) above for representations to be made.

(8) If the accused makes the representations permitted under subsection (5) or (6) above, the court shall permit the prosecutor to make oral representations in response.

(9) Except for the purpose of making or hearing the representations allowed by subsection (5), (6) or (8) above, the prosecutor and the accused shall not be entitled to be present when the court considers the application for dismissal.

(10) The court, after considering the written evidence and any oral representations permitted under subsection (5), (6) or (8) above, shall, subject to subsection (11) below, dismiss a charge which is the subject of an application for dismissal if it appears to the court that there is not sufficient evidence against the accused to put him on trial by jury for the offence charged.

(11) Where the evidence discloses an offence other than that charged the court need not dismiss the charge but may amend it or substitute a different offence; and if the court does so the amended or substituted charge shall be treated as the charge the proceedings on which are to be transferred for trial.

(12) If the court permits the accused to make oral representations under subsection (6) above, but the accused does not do so, the court may disregard any document containing or indicating the evidence that he might have given.

(13) Dismissal of the charge, or any of the charges, against the accused shall have the effect of barring any further proceedings on that charge or those charges on the same evidence other than by preferring a voluntary bill of indictment.

(14) In this section “co-accused” has the same meaning as in section 5 above.

7 Transfer for trial

(1) Where a notice of the prosecution case has been served on a magistrates' court with respect to any proceedings and—

(a) the prescribed period for an application for dismissal has expired without any such application, or any application for an extension of that time, having been made; or

(b) an application for dismissal has been made and dismissed, or has succeeded in relation to one or more but not all the charges,

the court shall, within the prescribed period, in the prescribed manner, transfer the proceedings for the trial of the accused on the charges or remaining charges to the Crown Court sitting at a place specified by the court.

(2) In selecting the place of trial, the court shall have regard to—

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

(b) the expediting of the trial; and

(c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the [1981 c. 54.] Supreme Court Act 1981.

(3) On transferring any proceedings to the Crown Court the magistrates' court making the transfer shall—

(a) give notice of the transfer and of the place of trial to the prosecutor and to the accused or each of the accused; and

(b) send to the Crown Court sitting at the place specified by the court a copy of the notice of the prosecution case and of any documents referred to in it as having already been supplied to the magistrates' court on which it was served and (where an application for dismissal has been made) a copy of any other evidence permitted under section 6 above.

8 Remand

(1) Where an accused has been remanded in custody, on transferring proceedings against him for trial a magistrates' court may—

(a) order that the accused shall be safely kept in custody until delivered in due course of law; or

(b) release the accused on bail in accordance with the [1976 c. 63.] Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

(2) Where—

(a) a person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and

(b) in accordance with subsection (3) of section 8 of the [1976 c. 63.] Bail Act 1976, the court fixes the amount in which the surety is to be bound with a view to the surety’s entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.

(3) Where the court has ordered that a person be safely kept in custody in accordance with paragraph (a) of subsection (1) above, then, if that person is in custody for no other cause, the court may, at any time before his first appearance before the Crown Court, grant him bail in accordance with the Bail Act 1976 subject to a duty to appear before the Crown Court for trial.

(4) The court may exercise the powers conferred on it by subsection (1) above in relation to the accused without his being brought before it if it is satisfied—

(a) that he has given his written consent to the powers conferred by subsection (1) above being exercised in his absence;

(b) that he had attained the age of 17 years when he gave that consent; and

(c) that he has not withdrawn that consent.

(5) Where proceedings against an accused are transferred for trial after he has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the transfer of the proceedings unless the magistrates' court transferring the proceedings states that it is to continue.

(6) Where that requirement ceases by virtue of subsection (5) above, it shall be the duty of the accused to appear before the Crown Court at the place specified by the magistrates' court on transferring the proceedings against him for trial or at any place substituted for it by a direction under section 76 of the [1981 c. 54.] Supreme Court Act 1981.

(7) If, in a case where the magistrates' court states that the requirement mentioned in subsection (5) above is to continue, the accused appears or is brought before the magistrates' court, the court shall have the powers conferred on a magistrates' court by subsection (1) above and, where the court exercises those powers, subsections (2) and (3) above shall apply as if the powers were exercised under subsection (1) above.

(8) This section is subject to section 4 of the Bail Act 1976, section 41 below, regulations under section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 and section 25 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.

8A Reporting restrictions

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

(a) to publish in Great Britain a written report of an application for dismissal to a magistrates' court under section 6 above; or

(b) to include in a relevant programme for reception in Great Britain a report of such an application,

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

(2) A magistrates' court may, on an application for the purpose made with reference to proceedings on an application for dismissal, order that subsection (1) above shall not apply to reports of those proceedings.

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

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

(5) It shall not be unlawful under this section to publish or include in a relevant programme a report of an application for dismissal containing any matter other than matter permitted by subsection (9) below where the application is successful.

(6) Where—

(a) two or more persons are charged in the same proceedings; and

(b) applications for dismissal are made by more than one of them,

subsection (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.

(7) It shall not be unlawful under this section to publish or include in a relevant programme a report of an unsuccessful application for dismissal at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

(8) Where, at any time during its consideration of an application for dismissal, the court proceeds to try summarily the case of one or more of the accused under section 25(3) or (7) below, while dismissing the application for dismissal of the other accused or one or more of the other accused, it shall not be unlawful under this section to publish or include in a relevant programme as part of a report of the summary trial, after the court determines to proceed as aforesaid, a report of so much of the application for dismissal containing any matter other than matter permitted by subsection (9) below as takes place before the determination.

(9) The following matters may be published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (5) or (7) above, that is to say—

(a) the identity of the magistrates' court and the names of the justices composing it;

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

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

(d) the names of legal representatives engaged in the proceedings;

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

(f) the arrangements as to bail;

(g) whether legal aid was granted to the accused or any of the accused.

(10) The addresses that may be published or included in a relevant programme under subsection (9) are addresses—

(a) at any relevant time; and

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

(11) If a report is published or included in a relevant programme in contravention of this section, the following persons, that is to say—

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

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

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

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

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

(14) In this section—

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

• “relevant programme” means a programme included in a programme service (within the meaning of the [1990 c. 42.] Broadcasting Act 1990); and

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

8B Avoidance of delay

Where a notice of the prosecution case has been given in respect of proceedings before a magistrates' court, the court shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in transferring the proceedings for trial.

8C Public notice of transfer

Where a magistrates' court transfers proceedings for trial, the clerk of the court shall, within the prescribed period, cause to be displayed in a part of the court house to which the public have access a notice containing the prescribed information.”

Part II Consequential Amendments

Preliminary

1 In this Part of this Schedule—

• “the 1853 Act” means the [1853 c. 30.] Criminal Procedure Act 1853;

• “the 1878 Act” means the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878;

• “the 1883 Act” means the [1883 c. 3.] Explosive Substances Act 1883;

• “the 1933 Act” means the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933;

• “the 1948 Act” means the [1948 c. 58.] Criminal Justice Act 1948;

• “the 1952 Act” means the [1952 c. 52.] Prison Act 1952;

• “the 1955 Act” means the [1955 c. 18.] Army Act 1955;

• “the 1957 Act” means the [1957 c. 53.] Naval Discipline Act 1957;

• “the 1967 Act” means the [1967 c. 80.] Criminal Justice Act 1967;

• “the 1968 Act” means the [1968 c. 27.] Firearms Act 1968;

• “the 1969 Act” means the [1969 c. 54.] Children and Young Persons Act 1969;

• “the 1973 Act” means the [1973 c. 62.] Powers of Criminal Courts Act 1973;

• “the 1976 Act” means the [1976 c. 63.] Bail Act 1976;

• “the 1978 Act” means the [1978 c. 30.] Interpretation Act 1978;

• “the 1979 Act” means the [1979 c. 2.] Customs and Excise Management Act 1979;

• “the 1980 Act” means the [1980 c. 43.] Magistrates' Courts Act 1980;

• “the 1981 Act” means the [1981 c. 54.] Supreme Court Act 1981;

• “the 1982 Act” means the [1982 c. 48.] Criminal Justice Act 1982;

• “the 1983 Act” means the [1983 c. 20.] Mental Health Act 1983;

• “the 1984 Act” means the [1984 c. 28.] County Courts Act 1984;

• “the 1985 Act” means the [1985 c. 23.] Prosecution of Offences Act 1985;

• “the 1986 Act” means the [1986 c. 5.] Agricultural Holdings Act 1986;

• “the 1987 Act” means the [1987 c. 38.] Criminal Justice Act 1987;

• “the 1988 Act” means the [1988 c. 34.] Legal Aid Act 1988;

• “the 1991 Act” means the [1991 c. 53.] Criminal Justice Act 1991; and

• “the 1992 Act” means the [1992 c. 34.] Sexual Offences (Amendment) Act 1992.

Criminal Procedure Act 1853 (c. 30.)

2 In section 9 of the 1853 Act (bringing up a prisoner to give evidence), for the words “under commitment for trial” there shall be substituted the words “pending his trial in the Crown Court”.

Territorial Waters Jurisdiction Act 1878 (c. 73.)

3 In section 4 of the 1878 Act (procedure under that Act), for the words “committal of” there shall be substituted the words “transfer of proceedings against”.

Explosive Substances Act 1883 (c. 3.)

4 In section 6(3) of the 1883 Act (inquiry by Attorney-General, and apprehension of absconding witnesses), for the words “committing for trial of” there shall be substituted the words “consideration of an application for dismissal under section 6 of the Magistrates' Courts Act 1980 made by such person for such crime or the transfer for trial of proceedings against”.

Children and Young Persons Act 1933 (c. 12.)

5 In section 42 of the Children and Young Persons Act 1933 (deposition of child or young person), for subsection (2)(a) there shall be substituted the following paragraph—

“(a) if the deposition relates to an offence in respect of which proceedings have already been transferred to the Crown Court for trial, to the proper officer of the court to which the proceedings have been transferred; and”.

6 In section 56(1) of the Children and Young Persons Act 1933 (powers of courts to remit young offenders to youth court)—

(a) for the words “the offender was committed” there shall be substituted the words “proceedings against the offender were transferred”; and

(b) for the words “he was not committed” there shall be substituted the words “proceedings against him were not transferred”.

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

7 (1) Section 2 of the 1933 Act (procedure for indictment of offenders) shall be amended as follows.

(2) In subsection (2)—

(a) for paragraph (a) there shall be substituted the following paragraph—

“(a) the proceedings for the offence have been transferred to the Crown Court for trial; or”;

(b) for proviso (i) there shall be substituted the following proviso—

“(i) where the proceedings for the offence have been transferred to the Crown Court for trial, the bill of indictment against the person charged may include, either in substitution for or in addition to counts charging the offence in respect of which proceedings have been transferred, any counts founded on the evidence contained in the documents sent to the Crown Court by the magistrates' court on transferring the proceedings, being counts which may lawfully be joined in the same indictment;”;

(c) in proviso (iA)—

(i) for the word “material” there shall be substituted the words “the evidence contained in the documents”; and

(ii) after the words “person charged” there shall be inserted the words “or which is referred to in those documents as having already been sent to the person charged”; and

(d) in proviso (ii), for the words “the committal” there shall be substituted the words “charge the proceedings on which were transferred for trial”.

(3) In subsection (3), in proviso (b), for the words from “a person” to “for trial” there shall be substituted the words “proceedings against a person have been transferred for trial and that person”.

Criminal Justice Act 1948 (c. 58.)

8 (1) The 1948 Act shall be amended as follows.

(2) In section 27(1) (remand and committal of persons aged 17 to 20), for the words “trial or sentence” there shall be substituted the words “sentence or transfers proceedings against him for trial”.

(3) In section 80(1) (interpretation of expressions used in the Act), in the definition of “Court of summary jurisdiction”, for the words from “examining” to the end there shall be substituted the words “a magistrates' court proceeding with a view to transfer for trial;”.

Prison Act 1952 (c. 52.)

9 (1) Section 43 of the 1952 Act (remand centres, etc.) shall be amended as follows.

(2) In subsection (1)(a)—

(a) the words “trial or” shall be omitted; and

(b) after the word “sentence” there shall be inserted the words “or are ordered to be safely kept in custody on the transfer of proceedings against them for trial”.

(3) In subsection (2)—

(a) in paragraph (b)—

(i) the words “trial or” shall be omitted; and

(ii) after the word “sentence” there shall be inserted the words “or is ordered to be safely kept in custody on the transfer of proceedings against her for trial”; and

(b) in paragraph (c)—

(i) the words “trial or” shall be omitted; and

(ii) after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.

10 In section 47(5) of the 1952 Act (rules for the management of prisons, remand centres, etc.), for the words “committed in custody” there shall be substituted the words “ordered to be safely kept in custody on the transfer of proceedings against them”.

Army Act 1955 (c. 18.)

11 In section 187(4) of the 1955 Act (proceedings against persons suspected of illegal absence)—

(a) for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and

(b) for the words “so acting” there shall be substituted the words “so proceeding”.

Air Force Act 1955 (c. 19.)

12 In section 187(4) of the Air Force Act 1955 (proceedings against persons suspected of illegal absence)—

(a) for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and

(b) for the words “so acting” there shall be substituted the words “so proceeding”.

Geneva Conventions Act 1957 (c. 52.)

13 In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—

(a) in subsection (1), for the word “committal” there shall be substituted the words “the transfer of the proceedings against him”; and

(b) in subsection (2)—

(i) for the word “committal” the first time it occurs there shall be substituted the words “the transfer of the proceedings against him”; and

(ii) for the words “remand or committal order” there shall be substituted the words “court on remanding him or transferring proceedings against him for trial”.

Naval Discipline Act 1957 (c. 53.)

14 In section 109(4) of the 1957 Act (proceedings against persons suspected of illegal absence)—

(a) for the words from “1952” to “justices” there shall be substituted the words “1980, that is to say the provisions relating to the constitution and procedure of magistrates' courts proceeding with a view to transfer for trial”; and

(b) for the words “so acting” there shall be substituted the words “so proceeding”.

Criminal Justice Act 1967 (c. 80.)

15 (1) The 1967 Act shall be amended as follows.

(2) In section 9 (general admissibility of written statements), in subsection (1), for the words “committal proceedings” there shall be substituted the words “proceedings under sections 4 to 6 of the Magistrates' Courts Act 1980”.

(3) In section 11 (notice of alibi), in subsection (8), in the definition of “the prescribed period”, for the words from “the end” to “or” there shall be substituted the words “the transfer of the proceedings to the Crown Court for trial, or”.

Criminal Appeal Act 1968 (c. 19.)

16 In section 1(3) of the Criminal Appeal Act 1968 (limitation of right of appeal in case of scheduled offence), for the word “committed” there shall be substituted the words “transferred proceedings against”.

Firearms Act 1968 (c. 27.)

17 In paragraph 3(3) of Part II of Schedule 6 to the 1968 Act (trial of certain offences under that Act)—

(a) after the word “If” there shall be inserted the words “, under section 6 of the said Act of 1980,”;

(b) for the words from “determines” to “for trial” there shall be substituted the words “dismisses the charge against the accused”;

(c) in sub-subparagraph (a), for the words from “inquire” to “justices” there shall be substituted the words “proceed with a view to transferring for trial proceedings for the listed offence”;

(d) in sub-subparagraph (b)—

(i) for the words “inquire into” there shall be substituted the words “proceed in respect of”; and

(ii) for the words from “its inquiry” to “justices” there shall be substituted the words “a view to transferring for trial proceedings for that offence”.

Theft Act 1968 (c. 60.)

18 In section 28(4) of the Theft Act 1968 (orders for restitution), for the words from “, the depositions” to the end there shall be substituted the words “and, where the proceedings have been transferred to the Crown Court for trial, the documents sent to the Crown Court by the magistrates' court under section 7(3)(b) of the Magistrates' Courts Act 1980.”.

Children and Young Persons Act 1969 (c. 54.)

19 In section 23(1) of the 1969 Act (remands and committals to local authority accommodation)—

(a) in paragraph (a), for the words “or commits him for trial or sentence” there shall be substituted the words “, transfers proceedings against him for trial or commits him for sentence”; and

(b) for the words “the remand or committal shall be” there shall be substituted the words “he shall be remanded or committed”.

Powers of Criminal Courts Act 1973 (c. 62.)

20 In section 21(2) of the 1973 Act (restriction on imposing sentences of imprisonment, etc., on persons not legally represented)—

(a) for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and

(b) after the words “committed him” there shall be inserted the words “or which transferred proceedings against him”.

21 In section 32(1)(b) of the 1973 Act (enforcement, etc., of fines imposed and recognizances forfeited by Crown Court)—

(a) the words “tried or” shall be omitted; and

(b) after the words “dealt with” there shall be inserted the words “or which transferred proceedings against him to the Crown Court for trial”.

Bail Act 1976 (c. 63.)

22 In section 3 of the 1976 Act (incidents of bail in criminal proceedings)—

(a) in subsection (8) (variation and imposition of bail conditions by court), for the words from “committed” to “trial or” there shall be substituted the words “released a person on bail on transferring proceedings against him to the Crown Court for trial or has committed him on bail to the Crown Court”; and

(b) in subsection (8A), for the words “committed on bail” there shall be substituted the words “released on bail on the transfer of proceedings against him”.

23 In section 5 of the 1976 Act (supplementary provisions about decisions on bail)—

(a) in subsection (6)(a)—

(i) for the word “committing” there shall be substituted the words “transferring proceedings against”; and

(ii) after the words “Crown Court” where they occur first, there shall be inserted the words “or has already done so”; and

(b) in subsection (6A)(a), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

“(i) section 4(4) (adjournment when court is proceeding with a view to transfer for trial);”.

24 In section 6(6)(b) of the 1976 Act (absconding by person released on bail), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.

25 In section 9(3)(b) of the 1976 Act (agreeing to indemnify sureties in criminal proceedings), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.

Sexual Offences (Amendment) Act 1976 (c. 82.)

26 In section 3 of the Sexual Offences (Amendment) Act 1976 (application of restrictions on evidence at trials for rape etc. to committal proceedings etc.), for subsection (1) there shall be substituted the following subsection—

“(1) Where a magistrates' court considers an application for dismissal of a charge for a rape offence, then, except with the consent of the court, evidence shall not be adduced and a question shall not be asked at the consideration of the application which, if the proceedings were a trial at which a person is charged as mentioned in subsection (1) of the preceding section and each of the accused in respect of whom the application for dismissal is made were charged at the trial with the offences to which the application relates, could not be adduced or asked without leave in pursuance of that section.”.

27 In section 4(6)(c) of the Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases), for the words “commits him for trial on” there shall be substituted the words “transfers proceedings against him for trial for”.

Interpretation Act 1978 (c. 30.)

28 In Schedule 1 to the 1978 Act—

(a) in the definition of “Committed for trial”, paragraph (a) shall be omitted; and

(b) after the definition of “The Tax Acts” there shall be inserted the following definition—

““Transfer for trial” means the transfer of proceedings against an accused to the Crown Court for trial under section 7 of the Magistrates' Courts Act 1980.”.

Customs and Excise Management Act 1979 (c. 2.)

29 (1) The 1979 Act shall be amended as follows.

(2) In section 147 (proceedings for offences under customs and excise Acts), in subsection (2), for the words from the beginning to “justices” there shall be substituted the words “Where, in England or Wales, on an application under section 6 of the Magistrates' Courts Act 1980 for dismissal of a charge under the customs and excise Acts, the court has begun to consider the evidence and any representations permitted under that section,”.

(3) In section 155 (persons who may conduct proceedings under customs and excise Acts), in subsection (1), for the words “examining justices” there shall be substituted the words “magistrates' court proceeding with a view to transfer for trial”.

Reserve Forces Act 1980 (c. 9.)

30 In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 (proceedings against persons suspected of illegal absence)—

(a) for the words “acting as examining justices” there shall be substituted the words “proceeding with a view to transfer for trial”; and

(b) for the words “so acting” there shall be substituted the words “so proceeding”.

Magistrates' Courts Act 1980 (c. 43.)

31 (1) Section 2 of the 1980 Act (jurisdiction of magistrates' courts) shall be amended as follows.

(2) In subsection (3), for the words from “as examining” to “any offence” there shall be substituted the words “to proceed with a view to transfer for trial where the offence charged was”.

(3) In subsection (4), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”.

(4) In subsection (5), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”.

32 In section 19 of the 1980 Act (court to consider mode of trial of either way offence), in subsection (4), for the words from “to inquire” to the end of the subsection there shall be substituted the words “with a view to transfer for trial.”.

33 In section 20 of the 1980 Act (procedure where summary trial appears more suitable), in subsection (3)(b), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.

34 In section 21 of the 1980 Act (procedure where trial on indictment appears more suitable), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.

35 (1) Section 23 of the 1980 Act (procedure where court proceeds to determine mode of trial in absence of accused) shall be amended as follows.

(2) In subsection (4)(b)—

(a) for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and

(b) for the word “hearing” there shall be substituted the word “proceedings”.

(3) In subsection (5)—

(a) for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and

(b) for the word “hearing” there shall be substituted the word “proceedings”.

36 (1) Section 24 of the 1980 Act (trial of child or young person for indictable offence) shall be amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), for the word “commit” there shall be substituted the words “proceed with a view to transferring the proceedings in relation to”; and

(b) for the words from “commit the accused” to the end there shall be substituted the words “proceed with a view to transferring the proceedings against the accused for trial.”.

(3) In subsection (2), for the words from “commits” to “him for trial” there shall be substituted the words “proceeds with a view to transferring for trial the proceedings in relation to a person under the age of 18 years for an offence with which he is charged jointly with a person who has attained that age, the court may also proceed with a view to transferring for trial proceedings against him”.

37 (1) Section 25 of the 1980 Act (court’s power to change from summary trial to committal proceedings and vice versa) shall be amended as follows.

(2) In subsection (2)—

(a) for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and

(b) for the word “hearing” there shall be substituted the word “proceedings”.

(3) For subsection (3) there shall be substituted the following subsection—

“(3) Where on an application for dismissal of a charge under section 6 above the court has begun to consider the evidence and any representations permitted under that section, then, if at any time during its consideration it appears to the court, having regard to any of the evidence or representations, and to the nature of the case, that the offence is after all more suitable for summary trial, the court may—

(a) if the accused is present, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may (subject to subsection (3A) below) proceed to try the information summarily; or

(b) in the absence of the accused—

(i) if the accused’s consent to be tried summarily is signified by the person representing him, proceed to try the information summarily; or

(ii) if that consent is not so signified, adjourn the proceedings without remanding the accused, and if it does so, the court shall fix the time and place at which the proceedings are to be resumed and at which the accused is required to appear or be brought before the court in order for the court to proceed as provided in paragraph (a) above.”.

(4) In subsection (5), in paragraph (b), for the words from “inquire” to “fall” there shall be substituted the words “consider the evidence and any representations permitted under section 6 above on an application for dismissal of a charge in a case in which, under paragraph (a) or (b) of section 24(1) above, the court is required to proceed with a view to transferring the proceedings to the Crown Court for trial,”.

(5) In subsection (6)—

(a) for the words from “to inquire” to “justices” there shall be substituted the words “with a view to transfer for trial”; and

(b) for the word “hearing” there shall be substituted the word “proceedings”.

(6) In subsection (7), for the words “the inquiry” there shall be substituted the words “its consideration of the evidence and any representations permitted under section 6 above.”.

38 For section 26 of the 1980 Act (power to issue summons in certain circumstances) there shall be substituted the following section—

“26 Power to issue summons in certain circumstances

Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good cause for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court; and if the accused is not present at the time and place appointed for the proceedings under section 19(1) or 22(1) above, as the case may be, the court may issue a warrant for his arrest.”.

39 In section 28 of the 1980 Act (use in summary trial of evidence given in committal proceedings)—

(a) for the words from “inquire” to “justices” there shall be substituted the words “consider the evidence under section 6 above”; and

(b) for the words from “then” to “any” there shall be substituted the words “any oral”.

40 In section 29 of the 1980 Act (remission of person under 18 to youth court for trial), in subsection (2)(b)(i), for the words from “to inquire” to “discharges him” there shall be substituted the words “with a view to transfer for trial”.

41 In section 42 of the 1980 Act (restriction on justices sitting after dealing with bail), in subsection (2), for the words “committal proceedings” there shall be substituted the words “proceedings before the court on an application for dismissal of a charge under section 6 above.”.

42 (1) Section 97 of the 1980 Act (summons to witness) shall be amended as follows.

(2) In subsection (1)—

(a) the words from “at an inquiry” to “be) or” shall be omitted; and

(b) for the words “such a court” there shall be substituted the words “a magistrates' court for that county, that London commission area or the City (as the case may be)”.

(3) After subsection (1) there shall be inserted the following subsection—

“(1A) Where a magistrates' court is proceeding with a view to transferring proceedings against an accused for an offence to the Crown Court for trial, subsection (1) above shall apply in relation to evidence or a document or thing material to the offence subject to the following modifications—

(a) no summons shall be issued by a justice of the peace after the expiry of the period within which a notice of the prosecution case under section 5 above must be served or the service of the notice of the prosecution case, if sooner; and

(b) the summons shall require the person to whom it is directed to attend before the justice issuing it or another justice for that county, that London commission area or the City of London (as the case may be) to have his evidence taken as a deposition or to produce any document or thing.”.

(4) In subsection (2)—

(a) after the words “subsection (1)” there shall be inserted the words “or (1A)”; and

(b) after the word “court” there shall be inserted the words “or justice, as the case may be,”.

(5) In subsection (2A), after the words “subsection (1)” there shall be inserted the words “or (1A)”.

(6) In subsections (3) and (4), after the words “a magistrates' court” or “the court” wherever they occur there shall be inserted the words “or justice, as the case may be,”.

43 (1) Section 128 of the 1980 Act (remand in custody or on bail) shall be amended as follows.

(2) In subsection (1)(b), for the words “inquiring into or” there shall be substituted the words “proceeding with a view to transferring the proceedings against that person for trial or is”.

(3) In subsections (1A), (3A), (3C) and (3E), for the words “section 5” there shall be substituted the words “section 4(4)”.

(4) In subsection (4)—

(a) for the words from “during an inquiry” to the words “committed by him” there shall be substituted the words “when it is proceeding with a view to transfer for trial”; and

(b) in paragraph (c)—

(i) for the word “hearing” there shall be substituted the word “proceedings”; and

(ii) for the words from “person” to “committed” there shall be substituted the words “proceedings against the person so bailed being transferred”.

44 In section 129 of the 1980 Act (further remand), in subsection (4)—

(a) for the words from “commits” to “bail” there shall be substituted the words “transfers for trial proceedings against a person who has been remanded on bail”; and

(b) for the words “so committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.

45 In section 130 of the 1980 Act (transfer of remand hearings), in subsection (1), for the words “section 5” there shall be substituted the words “section 4(4)”.

46 In section 145(1)(f) of the 1980 Act (rules: supplementary provisions), for the word “committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.

47 (1) Schedule 3 to the 1980 Act (corporations) shall be amended as follows.

(2) In paragraph 1(1), for the words “commit a corporation” there shall be substituted the words “, in the case of a corporation, transfer the proceedings”.

(3) In paragraph 2(a), for the words from “a statement” to “to” there shall be substituted the words “an application to dismiss”.

(4) In paragraph 6, for the words “inquiry into,” there shall be substituted the words “transfer for trial”.

48 In paragraph 5 of Schedule 5 to the 1980 Act (transfer of remand hearings), for the words “sections 5” there shall be substituted the words “sections 4(4)”.

Criminal Attempts Act 1981 (c. 47.)

49 In section 2(2)(g) of the Criminal Attempts Act 1981 (application of procedural and other provisions to attempts), the words “or committed for trial” shall be omitted.

Contempt of Court Act 1981 (c. 49.)

50 In section 4(3)(b) of the Contempt of Court Act 1981 (contemporary reports of proceedings)—

(a) for the words “committal proceedings” there shall be substituted the words “an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and

(b) for the words from “subsection (3)” to “1980” there shall be substituted the words “subsection (5) or (7) of section 8A of that Act”.

Supreme Court Act 1981 (c. 54)

51 In section 76 of the 1981 Act (alteration of place of Crown Court trial)—

(a) in subsection (1), for the words from “varying the decision” to the end there shall be substituted the words “substituting some other place for the place specified in a notice relating to the transfer of the proceedings to the Crown Court or by varying a previous decision of the Crown Court”;

(b) in subsection (3), for the words from the beginning to the words “varying the place of trial;” there shall be substituted the following words— “If he is dissatisfied with the place of trial—

(a) the defendant may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice relating to the transfer of the proceedings to the Crown Court or fixed by the Crown Court, or

(b) the prosecutor may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice given by the magistrates' court under section 7 of the Magistrates' Courts Act 1980 or fixed by the Crown Court;”; and

(c) after subsection (4) there shall be inserted the following subsection—

“(5) In this section any reference to a notice relating to the transfer of proceedings to the Crown Court is a reference to the notice given by the magistrates' court under section 7 of the [1980 c. 43.] Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991.”.

52 (1) Section 77 of the 1981 Act (date of Crown Court trial) shall be amended as follows.

(2) In subsection (1), for the words from “a person’s committal” to “beginning of the trial” there shall be substituted the words “the transfer of proceedings for trial by the Crown Court and the beginning of the trial;”.

(3) In subsection (2)—

(a) for the words preceding paragraph (a) there shall be substituted the words “The trial of a person on charges the proceedings on which have been transferred for trial to the Crown Court—”; and

(b) in paragraph (a), for the words “his consent” there shall be substituted the words “the consent of the person charged”.

(4) In subsection (3), for the word “committal” there shall be substituted the word “transfer”.

(5) After subsection (3) there shall be inserted the following subsections—

“(4) Where a notice of the prosecution case has been given in respect of any proceedings, the Crown Court before which the proceedings are to be tried shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in bringing the proceedings to trial.

(5) In this section references to the transfer of proceedings for trial are references to a transfer by a magistrates' court under section 7 of the Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991 and the date of transfer for trial is the date on which the transfer is effected under the said section 7 or, where the transfer is by the prosecutor, the date specified in his notice of transfer.”.

53 In section 80(2) of the 1981 Act (process to compel appearance before Crown Court), for the words from “the person” to “committed” there shall be substituted the words “proceedings against the person charged have not been transferred”.

Criminal Justice Act 1982 (c. 48.)

54 In section 1(2) of the 1982 Act (restrictions on custodial sentences for persons under 21)—

(a) the words “trial or” shall be omitted; and

(b) after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.

55 In section 3(2) of the 1982 Act (restriction on imposing custodial sentences on persons under 21 not legally represented)—

(a) for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and

(b) after the words “committed him” there shall be inserted the words “or transferred proceedings against him”.

Mental Health Act 1983 (c. 20.)

56 (1) Section 52 of the 1983 Act (provisions relating to persons remanded by magistrates' courts) shall be amended as follows.

(2) In subsection (2), for the words from “accused” to “or” there shall be substituted the words “court, on transferring proceedings against the accused to the Crown Court for trial, orders him to be safely kept in custody, or commits the accused in custody to the Crown Court”.

(3) In subsection (5), after the words “expired or that” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”.

(4) In subsection (6), after the word “If” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”.

(5) In subsection (7)—

(a) for the words from “inquire” to “into” there shall be substituted the words “proceed with a view to transferring for trial proceedings for”; and

(b) for the words from “commit” to “1980” there shall be substituted the words “transfer proceedings against him for trial”.

County Courts Act 1984 (c. 28.)

57 In section 57(1) of the 1984 Act (evidence of prisoners), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.

Police and Criminal Evidence Act 1984 (c. 60.)

58 In section 62(10)(a) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

“(i) whether to grant an application for dismissal made by that person under section 6 of the Magistrates' Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); or”.

Prosecution of Offences Act 1985 (c. 23.)

59 In section 16 of the 1985 Act (defence costs)—

(a) in subsection (1), for paragraph (b) there shall be substituted the following paragraph—

“(b) a magistrates' court determines not to transfer for trial proceedings for an indictable offence;”; and

(b) in subsection (2)(a), for the word “committed” there shall be substituted the words “in respect of which proceedings against him have been transferred”.

60 In section 21(6) of the 1985 Act (interpretation, etc.), in paragraph (b), for the words from “the accused” to “but” there shall be substituted the words “proceedings against the accused are transferred to the Crown Court for trial but the accused is”.

61 In section 22 of the 1985 Act (time limits for preliminary stages of criminal proceedings), in subsection (11)—

(a) in the definition of “appropriate court”, in paragraph (a) for the words from “accused” to “or” there shall be substituted the words “proceedings against the accused have been transferred for trial or the accused has been”; and

(b) in the definition of “custody of the Crown Court”, for paragraph (a) there shall be substituted the following paragraph—

“(a) section 8(1) of the Magistrates' Court Act 1980 (remand of accused where court is proceeding with a view to transfer for trial); or”.

62 In section 23 of the 1985 Act (discontinuance of proceedings in magistrates' courts), in subsection (2)(b)(i), for the words “accused has been committed” there shall be substituted the words “proceedings against the accused have been transferred”.

Agricultural Holdings Act 1986 (c. 5.)

63 In paragraph 12(1) of Schedule 11 to the 1986 Act (procedure on arbitrations under the Act), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.

Criminal Justice Act 1987 (c. 38.)

64 (1) The 1987 Act shall be amended as follows.

(2) In section 4(1) (notices of transfer in serious fraud cases)—

(a) in paragraph (b)(i), for the words from “person” to “trial” there shall be substituted the words “proceedings against the person charged to be transferred for trial”; and

(b) in paragraph (c), for the words from the beginning to “justices” there shall be substituted the words “not later than the time at which the authority would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,”.

(3) In section 5 (procedure for notices of transfer)—

(a) in subsection (9)(a), for the words “a statement of the evidence” there shall be substituted the words “copies of the documents containing the evidence (including oral evidence)”; and

(b) after subsection (9) there shall be inserted the following subsection—

“(9A) Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of the transfer.”.

(4) In section 6(5) (applications for dismissal), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”.

Criminal Justice Act 1988 (c. 33.)

65 In section 40 of the Criminal Justice Act 1988 (power to include counts for certain summary offences in indictment), in subsection (1), for the words from “an examination” to the end, there shall be substituted the words “the documents sent with the copy of a notice of the prosecution case to the Crown Court”.

66 (1) Section 41 of the Criminal Justice Act 1988 shall be amended as follows.

(2) In subsection (1)—

(a) for the words preceding paragraph (a) there shall be substituted the words “Where a magistrates' court transfers to the Crown Court for trial proceedings against a person for an offence triable either way or a number of such offences, it may also transfer to the Crown Court for trial proceedings against a person for any summary offence with which he is charged and which—”; and

(b) for the words from “appears” to “case” there shall be substituted the words “was sent to the person charged with the notice of the transfer of the proceedings”.

(3) In subsection (2)—

(a) for the words from “commits” to “indictment” there shall be substituted the words “transfers to the Crown Court for trial proceedings against a person”; and

(b) for the words “who is committed” there shall be substituted the words “in respect of whom proceedings are transferred”.

(4) In subsection (4), for the words “committal of” there shall be substituted the words “transfer for trial of proceedings against”.

Legal Aid Act 1988 (c. 34.)

67 In section 20 of the 1988 Act (authorities competent to grant criminal legal aid), in subsection (4), after paragraph (a) there shall be inserted the following paragraph—

“(aa) which proceeds with a view to transferring proceedings to the Crown Court for trial,”.

68 In section 21 of the 1988 Act (availability of criminal legal aid)—

(a) in subsection (3)(a), for the words from “a person” to “his” there shall be substituted the words “proceedings against a person who is charged with murder are transferred to the Crown Court for trial, for that person's”; and

(b) in subsection (4), for the word “commits” there shall be substituted the words “transfers the proceedings against”.

69 (1) Schedule 3 to the 1988 Act (enforcement of contribution orders) shall be amended as follows.

(2) In paragraph 1(b)—

(a) for the words from “who” to “by a magistrates' court)” there shall be substituted the words “against whom proceedings were transferred for trial or who was committed for sentence”; and

(b) for the words “committed him” there shall be substituted the words “transferred the proceedings against him or committed him for sentence”.

(3) In paragraph 9(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—

“(i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or”.

(4) In paragraph 10(2)(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—

“(i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or”.

Coroners Act 1988 (c. 13.)

70 In section 16 of the Coroners Act 1988 (adjournment of inquest)—

(a) in subsection (1)(b), for the words “examining justices” there shall be substituted the words “a magistrates' court which is to proceed with a view to transferring proceedings against that person for trial,”; and

(b) in subsection (8)—

(i) for the words “examining justices” there shall be substituted the words “a magistrates' court considering an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and

(ii) for the words from “person” to “committed” there shall be substituted the words “proceedings against the person charged are transferred”.

71 In section 17 of the Coroners Act 1988 (supplementary provisions applying on adjournment of inquest)—

(a) in subsection (2)—

(i) after the word “Where” there shall be inserted the words “proceedings against”; and

(ii) for the words “is committed” there shall be substituted the words “are transferred”; and

(b) in subsection (3)(b), for the words “that person is committed” there shall be substituted the words “proceedings against that person are transferred”.

War Crimes Act 1991 (c. 13.)

72 In the War Crimes Act 1991—

(a) in section 1(4) (introducing the Schedule providing a procedure for use instead of committal proceedings for certain war crimes), the words “England, Wales or” shall be omitted; and

(b) Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.

Criminal Justice Act 1991 (c. 53.)

73 (1) The 1991 Act shall be amended as follows.

(2) In section 53 (notices of transfer in certain cases involving children)—

(a) in subsection (1)(a), for the words from “person” to “trial” there shall be substituted the words “proceedings against the person charged to be transferred for trial”; and

(b) in subsection (2), for the words from “before” to the end, there shall be substituted the words “not later than the time at which the Director would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,”.

(3) In paragraph 4 of Schedule 6 (procedure for notices of transfer)—

(a) in sub-paragraph (1)(a) for the words “a statement of the evidence” there shall be substituted the words “copies of the documents containing the evidence (including oral evidence)”; and

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A) Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of transfer.”.

(4) In paragraph 5 of Schedule 6 (applications for dismissal), in sub-paragraph (7), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”.

(5) In paragraph 6 of Schedule 6 (reporting restrictions), in sub-paragraph (8), for the words “sub-paragraphs (5) and (6)” there shall be substituted the words “sub-paragraphs (5) and (7)”.

Sexual Offences (Amendment) Act 1992 (c. 34.)

74 In section 6(3)(c) of the 1992 Act, for the words “commits him” there shall be substituted the words “transfers proceedings against him”.

Section 45.

SCHEDULE 5 Magistrates' Courts: Dealing with cases where accused pleads guilty

Non-appearance of accused: plea of guilty

1 For section 12 of the [1980 c. 43.] Magistrates' Courts Act 1980 (“the 1980 Act”) there shall be substituted the following section—

“12 Non-appearance of accused: plea of guilty

(1) This section shall apply where—

(a) a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer to an information for a summary offence, not being—

(i) an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months; or

(ii) an offence specified in an order made by the Secretary of State by statutory instrument; and

(b) the clerk of the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons.

(2) The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates' court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court.

(3) The documents referred to in subsection (1)(b) above are—

(a) a notice containing such statement of the effect of this section as may be prescribed;

(b) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court; and

(c) if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information.

(4) Where the clerk of the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court—

(a) the clerk of the court shall inform the prosecutor of the receipt of the notification; and

(b) the following provisions of this section shall apply.

(5) If at the time and place appointed for the trial or adjourned trial of the information—

(a) the accused does not appear; and

(b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons,

the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty.

(6) If at any time before the hearing the clerk of the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification—

(a) the clerk of the court shall inform the prosecutor of the withdrawal; and

(b) the court shall deal with the information as if the notification had not been given.

(7) Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall cause the following to be read out before the court by the clerk of the court, namely—

(a) the statement of facts served upon the accused with the summons;

(b) any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor;

(c) the notification under subsection (4) above; and

(d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.

(8) If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit—

(a) any other statement with respect to any facts relating to the offence charged; or

(b) any other information relating to the accused,

to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above.

(9) If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given.

(10) In relation to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment.

(11) No notice shall be required by section 10(2) above in relation to an adjournment—

(a) which is for not more than 4 weeks; and

(b) the purpose of which is to enable the court to proceed under subsection (5) above at a later time.

(12) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(13) Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.”.

Application of section 12 procedure where accused appears

2 After section 12 of the 1980 Act there shall be inserted the following section—

“12A Application of section 12 where accused appears

(1) Where the clerk of the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent.

(2) Where the clerk of the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the clerk had received such a notification.

(3) For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below.

(4) The modifications for the purposes of subsection (1) above are that—

(a) before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and

(b) where he makes such a submission, subsection (7)(d) of that section shall not apply.

(5) The modifications for the purposes of subsection (2) above are that—

(a) subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above;

(b) subsection (7)(c) and (d) of that section shall not apply; and

(c) before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence.”.

Consequential amendments

3 (1) In consequence of the amendments made by paragraphs 1 and 2 above the [1980 c. 43.] Magistrates' Courts Act 1980 shall be further amended as follows.

(2) For section 13(4), there shall be substituted the following subsection—

“(4) This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section.”.

(3) In section 13(5), for “12(2)” there shall be substituted “12(5)”.

(4) In section 155(2), for “12(8)” there shall be substituted “12(13)”.

Section 114.

SCHEDULE 6 Certification of Prisoner Custody Officers: Scotland

Preliminary

1 In this Schedule—

• “certificate” means a certificate under section 114 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2 (1) The Secretary of State may, on the application of any person, issue a certificate in respect of that person.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3 (1) This paragraph applies where at any time—

(a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

(b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

(c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

(2) The prisoner escort monitor, controller or governor may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by prison rules, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

Revocation of certificate

4 Where at any time (whether on a reference to him under paragraph 3(2)(a) above or otherwise) it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 122(2).

SCHEDULE 7 Certification of Prisoner Custody Officers: Northern Ireland

Preliminary

1 In this Schedule—

• “certificate” means a certificate under section 122 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions authorised by the certificate.

Issue of certificates

2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

Suspension of certificate

3 (1) This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions.

(2) The prisoner escort monitor may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions.

(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4 Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.

False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 157.

SCHEDULE 8 Increase in Penalties

Part I Increase of Fines for Certain Sea Fisheries Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum fine	New maximum fine
SEA FISHERIES (SHELLFISH) ACT 1967 (c. 83).
Offences under section 3(3) (dredging etc. for shellfish in contravention of restrictions etc. or without paying toll or royalty).	Section 3(3).	Level 2.	Level 5.
Offences under section 5(7) (obstruction of inspector or other person or refusal or failure to provide information to inspector etc.).	Section 5(7).	Level 3.	Level 5.
Offences under section 7(4) (fishing, dredging etc. in area where right of several fishery conferred or private oyster bed).	Section 7(4).	Level 3.	Level 5.
Offences under section 14(2) (contravention of order prohibiting the deposit or taking of shellfish, or importation of shellfish, or non-compliance with conditions of licences).	Section 14(2).	Level 4.	Level 5.
Offences under section 14(5) (obstruction of inspector).	Section 14(5).	Level 3.	Level 5.
Offences under section 16(1) (selling etc. of oysters between certain dates).	Section 16(1).	Level 1.	Level 4.
Offences under section 17(1) (taking and selling etc. of certain crabs).	Section 17(4).	Level 3.	Level 5.
Offences under section 17(3) (landing and selling etc. of certain lobsters).	Section 17(4).	Level 3.	Level 5.

Part II Increase of Fines for Certain Misuse of Drugs Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum fine	New maximum fine
MISUSE OF DRUGS ACT 1971 (c. 38.)
Offences under section 4(2) committed in relation to Class C drugs (production, or being concerned in the production of, a controlled drug).	Schedule 4, column 6.	£500	£2,500
Offences under section 4(3) committed in relation to Class C drugs (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another).	Schedule 4, column 6.	£500	£2,500
Offences under section 5(2) committed in relation to Class B drugs (having possession of a controlled drug).	Schedule 4, column 5.	£500	£2,500
Offences under section 5(2) committed in relation to Class C drugs (having possession of a controlled drug).	Schedule 4, column 6.	£200	£1,000
Offences under section 5(3) committed in relation to Class C drugs (having possession of a controlled drug with intent to supply it to another).	Schedule 4, column 6.	£500	£2,500
Offences under section 8 committed in relation to Class C drugs (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there).	Schedule 4, column 6.	£500	£2,500
Offences under section 12(6) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs).	Schedule 4, column 6.	£500	£2,500
Offences under section 13(3) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).	Schedule 4, column 6.	£500	£2,500

Part III Increase in Penalties for Certain Firearms Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum term of imprisonment	New maximum term of imprisonment
FIREARMS ACT 1968 (c. 27).
Offences under section 1(1) committed in an aggravated form within the meaning of section 4(4) (possessing etc. shortened shot gun or converted firearm without firearm certificate).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 1(1) in any other case (possessing etc. firearms or ammunition without firearm certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 2(1) (possessing etc. shot gun without shot gun certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(1) (trading in firearms without being registered as a firearms dealer).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(2) (selling firearms to person without a certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(3) (repairing, testing etc. firearm for person without a certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(5) (falsifying certificate, etc., with view to acquisition of firearm).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 4(1) (shortening a shot gun).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 4(3) (conversion of firearms).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 5(1) (possessing or distributing prohibited weapons or ammunition).	Schedule 6, column 4.	5 years.	10 years.
Offences under section 5(1A) (possessing or distributing other prohibited weapons).	Schedule 6, column 4.	(a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years.	(a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years.
Offences under section 19 (carrying loaded firearm other than air weapon in public place).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 20(1) (trespassing with firearm other than air weapon in a building).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 21(4) (contravention of provisions denying firearms to ex-prisoners and the like).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 21(5) (supplying firearms to person denied them under section 21).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 42 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police).	Schedule 6, column 4.	3 years.	5 years.
FIREARMS (NORTHERN IRELAND) ORDER 1981 (SI 1981/155 (NI 2))
Offences under Article 3(1) (possessing etc. firearms or ammunition without firearm certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(1) (trading in firearms without being registered as a firearms dealer).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(2) (selling firearms to person without a certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(3) (repairing, testing etc. firearm for person without a certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(4) (falsifying certificate, etc., with view to acquisition of firearm).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 5(1) (shortening a shot gun).	Schedule 2, column 4.	5 years.	7 years.
Offences under Article 5(3) (conversion of firearms).	Schedule 2, column 4.	5 years.	7 years.
Offences under Article 6(1) (possessing or distributing prohibited weapons or ammunition).	Schedule 2, column 4.	5 years.	10 years.
Offences under Article 6(1A) (possessing or distributing other prohibited weapons).	Schedule 2, column 4.	(a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years.	(a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years.
Offences under Article 22(5) (contravention of provisions denying firearms to ex-prisoners and the like).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 22(7) (supplying firearms to person denied them under Article 22).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 43 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police).	Schedule 2, column 4.	3 years.	5 years.

Section 168(1).

SCHEDULE 9 Minor Amendments

Poaching: increase in penalties

1 (1) The [1831 c. 32.] Game Act 1831 shall be amended as follows.

(2) In section 30 (trespassing in search or pursuit of game)—

(a) for the words “level 1” there shall be substituted the words “level 3”; and

(b) for the words “level 3” there shall be substituted the words “level 4

(3) In section 32 (searching for or pursuing game with a gun and using violence, etc.), for the words “level 4” there shall be substituted the words “level 5”.

(4) The [1832 c. 68.] Game (Scotland) Act 1832 shall be amended as follows.

(5) In section 1 (trespassing in search or pursuit of game)—

(a) for the words “level 1” there shall be substituted the words “level 3”; and

(b) for the words “level 3” there shall be substituted the words “level 4”.

(6) In section 6 (penalty for assaults on persons acting under the Act), for the words “level 1” there shall be substituted the words “level 3”.

(7) The amendments made by this paragraph shall not apply to offences committed before this paragraph comes into force.

Sexual offences: procurement of women

2 In sections 2(1) and 3(1) of the [1956 c. 69.] Sexual Offences Act 1956 (procurement of women to have unlawful sexual intercourse by threats or false pretences), the word “unlawful” shall be omitted.

Electronic transmission of obscene material

3 In section 1(3) of the [1959 c. 66.] Obscene Publications Act 1959 (definition of publication for purposes of that Act), in paragraph (b), after the words “projects it” there shall be inserted the words “, or, where the matter is data stored electronically, transmits that data.”.

Poaching: forfeiture of vehicles

4 After section 4 of the [1960 c. 36.] Game Laws (Amendment) Act 1960 there shall be inserted the following section—

“4A Forfeiture of vehicles.

(1) Where a person is convicted of an offence under section thirty of the Game Act 1831 as one of five or more persons liable under that section and the court is satisfied that any vehicle belonging to him or in his possession or under his control at the relevant time has been used for the purpose of committing or facilitating the commission of the offence, the court may make an order for forfeiture under this subsection in respect of that vehicle.

(2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restriction on forfeiture in any enactment.

(3) Facilitating the commission of the offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of—

(a) avoiding apprehension or detection; or

(b) removing from the land any person or property connected with the offence.

(4) An order under subsection (1) above shall operate to deprive the offender of his rights , if any, in the vehicle to which it relates, and the vehicle shall (if not already in their possession) be taken into the possession of the police.

(5) Where any vehicle has been forfeited under subsection (1) above, a magistrates' court may, on application by a claimant of the vehicle, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the vehicle to the applicant if it appears to the court that he is the owner of the vehicle.

(6) No application shall be made under subsection (5) above by any claimant of the vehicle after the expiration of six months from the date on which an order in respect of the vehicle was made under subsection (1) above.

(7) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the vehicle or that he did not know, and had no reason to suspect, that the vehicle was likely to be used for a purpose mentioned in subsection (1) above.

(8) An order under subsection (5) above shall not affect the right of any person to take, within the period of six months from the date of an order under subsection (5) above, proceedings for the recovery of the vehicle from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.

(9) The Secretary of State may make regulations for the disposal of vehicles, and for the application of the proceeds of sale of vehicles, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5) above has been made within the period specified in subsection (6) above or no such application has succeeded.

(10) The regulations may also provide for the investment of money and the audit of accounts.

(11) The power to make regulations under subsection (9) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) In this section, “relevant time”, in relation to a person convicted of an offence such as is mentioned in subsection (1) above, means the time when the vehicle was used for the purpose of committing or facilitating the commission of the offence, or the time of the issue of a summons in respect of the offence.”.

Magistrates' courts' jurisdiction in cases involving children and young persons

5 In section 18 of the [1963 c. 37.] Children and Young Persons Act 1963 (jurisdiction of magistrates' courts in certain cases involving children and young persons)—

(a) in paragraph (a), for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”; and

(b) in paragraph (b), for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Service of documents by first class post

6 (1) In section 9(8) of the [1967 c. 80.] Criminal Justice Act 1967 (which relates to the service of a written statement to be admitted as evidence in criminal proceedings)—

(a) in paragraph (c), after the word “service” there shall be inserted the words “or by first class post”; and

(b) in paragraph (d), after the word “service” there shall be inserted the words “or by first class post”.

(2) In section 11(7) of the Criminal Justice Act 1967 (which provides for the means by which a notice of alibi may be given), after the word “service” there shall be inserted the words “or by first class post”.

(3) In section 1 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection—

“(1A) A notice required by this section to be served on any person may be served on that person—

(a) by delivering it to him;

(b) by addressing it to him and leaving it at his last known address; or

(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.”.

Transfers of proceedings

7 In section 11 of the Criminal Justice Act 1967 (notice of alibi), in subsection (8)—

(a) in the definition of “the prescribed period” (as amended by paragraph 2 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and

(b) after that definition there shall be inserted the following definition—

““relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987; or

(b) section 53 of the Criminal Justice Act 1991.”.

Offences aggravated by possession of firearms

8 In Schedule 1 to the [1968 c. 27.] Firearms Act 1968 (which lists the offences to which section 17(2) (possession of firearms when committing or being arrested for specified offences) relates)—

(a) in paragraph 4, after the word “Theft” there shall be inserted the word “robbery”; and

(b) after paragraph 5, there shall be inserted the following paragraphs—

“5A An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).

5B An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).”.

Notice of proceedings

9 In section 34(2) of the [1969 c. 54.] Children and Young Persons Act 1969 (which requires notice of certain proceedings to be given to a probation officer), for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Treatment of mental condition of offenders placed on probation

10 (1) Paragraph 5 of Schedule 1A to the [1973 c. 62.] Powers of Criminal Courts Act 1973 (requirement in probation order for treatment of offender’s mental condition) shall be amended as follows.

(2) In sub-paragraph (2)—

(a) after the words “such part” there shall be inserted the words “or parts”; and

(b) after the words “medical practitioner” there shall be inserted the words “or a chartered psychologist (or both, for different parts)”.

(3) In sub-paragraph (3)(c), after the words “medical practitioner” there shall be inserted the words “or chartered psychologist (or both)”.

(4) In sub-paragraphs (6) and (8), after the words “medical practitioner” (wherever they occur) there shall be inserted the words “or chartered psychologist”.

(5) In sub-paragraph (10), after the words “In this paragraph” there shall be inserted the words “—

“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists; and”.

Rehabilitation of offenders placed on probation

11 (1) In section 5 of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences)—

(a) in Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, after the words “subsections (3)” there shall be inserted the words “, (4A)”.

(b) in subsection (4), the words “or placed on probation,” and “or probation order” shall be omitted; and

(c) after subsection (4), there shall be inserted the following subsection—

“(4A) Where in respect of a conviction a person was placed on probation, the rehabilitation period applicable to the sentence shall be—

(a) in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction;

(b) in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the probation order ceases or ceased to have effect, whichever is the longer.”.

(2) The amendments made by this paragraph shall apply only in relation to persons placed on probation after the date on which this paragraph comes into force.

Transfers of proceedings

12 In section 3 of the [1976 c. 63.] Bail Act 1976 (general provisions)—

(a) in subsection (8A) (inserted by paragraph 9 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and

(b) after subsection (9) there shall be inserted the following subsection—

“(10) In subsection (8A) above “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.”.

Anonymity of victims of certain offences

13 In section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of victims in rape etc. cases), after subsection (6) there shall be inserted the following subsection—

“(6A) For the purposes of this section, where it is alleged or there is an accusation that an offence of incitement to rape or conspiracy to rape has been committed, the person who is alleged to have been the intended victim of the rape shall be regarded as the alleged victim of the incitement or conspiracy or, in the case of an accusation, as the complainant.”.

Execution of warrants for non-payment

14 (1) In section 38A(6) of the [1977 c. 45.] Criminal Law Act 1977 (execution of warrants for imprisonment for non-payment of fine), for the words “the age of 17 years” there shall be substituted the words “the age of 18 years”.

(2) In section 38B(6) of the Criminal Law Act 1977 (execution of warrants for commitment for non-payment of due sum), for the words “the age of 17 years” there shall be substituted the words “the age of 18 years”.

Committals for sentence

15 In section 38 of the [1980 c. 43.] Magistrates' Courts Act 1980 (power of magistrates' court to commit offender to Crown Court for sentence), in subsection (2)(b)—

(a) the words from “committed” to “21 years old” shall be omitted; and

(b) for the words “sentence of imprisonment” there shall be substituted the words “custodial sentence”.

Conditional or absolute discharge: appeal to Crown Court

16 In section 108(1A) of the Magistrates' Courts Act 1980 (right of appeal to Crown Court in case of conditional or absolute discharge), for the words “Section 13” there shall be substituted the words “Section 1C”.

Transfers of proceedings

17 In section 76 of the [1981 c. 54.] Supreme Court Act 1981 (alteration by Crown Court of place of trial) (as amended by paragraph 10 of Schedule 2 to the Criminal Justice Act 1987)—

(a) in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”;

(b) in subsection (3), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and

(c) after subsection (4) there shall be inserted the following subsection—

“(5) In this section “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.”.

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act.

Transfers of proceedings

18 In section 77 of the [1981 c. 54.] Supreme Court Act 1981 (date of trial) (as amended by paragraph 11 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987)—

(a) in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”;

(b) in subsection (2), after the words “committed by a magistrates' court” there shall be inserted the words “or in respect of whom a notice of transfer under a relevant transfer provision has been given”;

(c) in subsection (3), after the words “committal for trial” there shall be inserted the words “or of a notice of transfer”; and

(d) after subsection (3), there shall be inserted the following subsection—

“(4) In this section “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.”.

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act.

Transfers of proceedings

19 In section 81 of the Supreme Court Act 1981 (bail by Crown Court)—

(a) in subsection (1)(a) (as amended by paragraph 12 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and

(b) after subsection (6), there shall be inserted the following subsection—

“(7) In subsection (1) above “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.”.

Electronic transmission of obscene material (Scotland)

20 In section 51(8) of the [1982 c. 45.] Civic Government (Scotland) Act 1982, after the words “otherwise reproducing” there shall be inserted the words “, or, where the material is data stored electronically, transmitting that data”.

Fines for breach of attendance centre orders or rules

21 In section 19 of the [1982 c. 48.] Criminal Justice Act 1982 (breach of attendance centre orders or rules), for the subsection (3A) inserted by section 67(5) of the [1991 c. 53.] Criminal Justice Act 1991 there shall be substituted the following subsection—

“(3A) A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.”.

Video recordings

22 In section 1 of the [1984 c. 39.] Video Recordings Act 1984 (which provides for the interpretation of, among other terms, “video work” and “video recordings”)—

(a) in subsection (2), in paragraph (a), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “or any other device capable of storing data electronically”; and

(b) in subsection (3), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “or any other device capable of storing data electronically”.

Standard period of validity of search warrants

23 In the following enactments there shall be omitted the words from “within” to “warrant” (which prescribe the period of validity of warrants under those enactments for which section 16(3) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 prescribes a standard period of one month), namely—

(a) section 4(2) of the [1978 c. 37.] Protection of Children Act 1978; and

(b) section 17(1) of the Video Recordings Act 1984.

Transfers of proceedings

24 In section 62(10) of the [1984 c. 39.] Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), after paragraph (a) there shall be inserted the following paragraph—

“(aa) a judge, in deciding whether to grant an application made by the accused under—

(i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or

(ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and”.

Transfers of proceedings

25 In section 16 of the [1985 c. 23.] Prosecution of Offences Act 1985 (defence costs)—

(a) in subsection (2)(aa) (inserted by paragraph 14 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and

(b) after subsection (11) there shall be inserted the following subsection—

“(12) In subsection (2)(aa) “relevant transfer provision” means—

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991.”.

Award of costs against accused

26 In section 18(5) of the Prosecution of Offences Act 1985 (award of costs against accused), for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Transfers of proceedings

27 In section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 (time limits for preliminary stages of criminal proceedings), in subsection (11), in the definition of “custody of the Crown Court”, after paragraph (c) (inserted by paragraph 104 of Schedule 15 to the [1988 c. 38.] Criminal Justice Act 1988), there shall be inserted the following paragraph, preceded by the word “, or”, namely—

“(d) paragraph 2(1)(a) of Schedule 6 to the Criminal Justice Act 1991 (custody after transfer order in certain cases involving children).”.

Confiscation orders in drug trafficking cases: variation of sentences

28 In section 1A of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (inserted by section 8 of the [1993 c. 36.] Criminal Justice Act 1993) (power of court to postpone determinations required before a confiscation order can be made), after subsection (9) there shall be inserted the following subsection—

“(9A) Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 1(5)(b)(ii) or (iii) of this Act so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Supreme Court Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period.”.

Transfer of fraud cases

29 In section 4 of the [1987 c. 22.] Criminal Justice Act 1987 (transfer of certain fraud cases to Crown Court), in subsection (1)(b)(ii), for the words “seriousness and complexity” there shall be substituted the words “seriousness or complexity”.

Fraud cases: preparatory hearings

30 In section 7 of the Criminal Justice Act 1987 (preparatory hearings for certain fraud cases), in subsection (1), for the words “seriousness and complexity” there shall be substituted the words “seriousness or complexity”.

Transfers of proceedings

31 In section 25(1) of the [1988 c. 33.] Criminal Justice Act 1988 (principle to be followed by court in certain proceedings), in paragraph (a), after head (iii) there shall be inserted the following—

“(iv) on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates' court to Crown Court); or”.

Evidence through television links

32 In section 32 of the Criminal Justice Act 1988 (evidence through television links), in subsection (3B) (inserted by section 55(4) of the [1991 c. 53.] Criminal Justice Act 1991), for the words “subsection (3) above” there shall be substituted the words “subsection (3A) above”.

Competence of children

33 In section 33A of the Criminal Justice Act 1988 (inserted by section 52(1) of the Criminal Justice Act 1991), after subsection (2) there shall be inserted the following subsection—

“(2A) A child’s evidence shall be received unless it appears to the court that the child is incapable of giving intelligible testimony.”.

Reviews of sentencing

34 In section 35 of the [1988 c. 33.] Criminal Justice Act 1988 (kinds of case referable for review of sentence)—

(a) in subsection (3), for the words following “case” there shall be substituted the following words— “—

(a) of a description specified in an order under this section; or

(b) in which sentence is passed on a person—

(i) for an offence triable only on indictment; or

(ii) for an offence of a description specified in an order under this section”; and

(b) in subsection (4), after the word “case”, there shall be inserted the words “of a description specified in the order or to any case

Assaulting prisoner custody officer triable with indictable offence

35 In section 40(3) of the [1988 c. 33.] Criminal Justice Act 1988 (summary offences triable with indictable offences), after paragraph (a), there shall be inserted the following paragraphs—

“(aa) an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

(ab) an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)”.

Confiscation orders: variation of sentence

36 In section 72A of the [1988 c. 33.] Criminal Justice Act 1988 (inserted by section 28 of the [1993 c. 36.] Criminal Justice Act 1993) (power of court to postpone determinations required before a confiscation order can be made), after subsection (9) there shall be inserted the following subsection—

“(9A) Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 72(5)(b) or (c) above so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Supreme Court Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period.”.

Extradition from the United Kingdom

37 (1) The [1989 c. 33.] Extradition Act 1989 shall be amended as follows.

(2) In section 2(4) (law of, and conduct in, parts or dependencies of foreign States)—

(a) for the words “subsections (1) to (3) above” there shall be substituted the words “this Act, except Schedule 1”; and

(b) at the end there shall be inserted the following paragraph preceded by the word “; but”—

“(d) reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency.”.

(3) In section 7 (procedure for making and implementing extradition requests)—

(a) in subsection (1)—

(i) after the word “made” there shall be inserted the words “to the Secretary of State”;

(ii) for paragraph (a) there shall be substituted the following paragraph—

“(a) by—

(i) an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or

(ii) some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or” and

(iii) after paragraph (b), there shall be inserted the words— “and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the original

(b) in subsection (2)—

(i) in paragraph (c), after the word “warrant” there shall be inserted the words “or a duly authenticated copy of a warrant”; and

(ii) in paragraph (d), after the word “certificate” there shall be inserted the words “or a duly authenticated copy of a certificate”; and

(c) after subsection (6), there shall be inserted the following subsection—

“(7) Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly.”.

Remands and committals of young persons to secure accommodation

38 In section 21 of the [1989 c. 41.] Children Act 1989 (provision of accommodation for children on remand, etc.), in subsection (2)(c)(i), after the words “on remand” there shall be inserted the words “(within the meaning of the section)”.

Non-intimate samples: samples of hair

39 In Article 63 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (regulation of taking of non-intimate samples), at the end, there shall be inserted the following paragraph—

“(10) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary (in point of quantity or quality) for the purpose of enabling information to be produced by means of analysis used or to be used in relation to the sample.”.

Pre-sentence reports

40 (1) The [1991 c. 53.] Criminal Justice Act 1991 shall be amended as follows.

(2) In section 3 (requirement to obtain pre-sentence reports before passing custodial sentences)—

(a) in subsection (2), the words from the beginning to “indictment,” shall be omitted;

(b) after subsection (2), there shall be inserted the following subsection—

“(2A) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (2) above or subsection (4A) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.”;

(c) in subsection (4)—

(i) the words from “which is” to “applies” shall be omitted;

(ii) for the words “comply with that subsection” there shall be substituted the words “obtain and consider a pre-sentence report before forming an opinion referred to in subsection (1) above”; and

(iii) in paragraph (a), after the word “shall” there shall be inserted the words “, subject to subsection (4A) below,”; and

(d) after subsection (4) there shall be inserted the following subsection—

“(4A) Subsection (4)(a) above does not apply if the court is of the opinion—

(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.”.

(3) In section 7 (requirement to obtain pre-sentence reports before passing certain community sentences)—

(a) in subsection (3), at the beginning, there shall be inserted the words “Subject to subsection (3A) below,”;

(b) after subsection (3), there shall be inserted the following subsections—

“(3A) Subsection (3) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(3B) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (3A) above or subsection (5) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.”;

(c) in subsection (4)—

(i) for the words “comply with” there shall be substituted the words “obtain and consider a pre-sentence report before forming an opinion referred to in”; and

(ii) in paragraph (a), after the word “shall” there shall be inserted the words “, subject to subsection (5) below,”;

(d) after subsection (4) there shall be inserted the following subsection—

“(5) Subsection (4)(a) above does not apply if the court is of the opinion—

(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.”.

Curfew orders

41 In section 12 of the Criminal Justice Act 1991 (curfew orders) after subsection (4) there shall be inserted the following subsection—

“(4A) A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.”.

Fines

42 (1) Sections 18 and 20 of the [1991 c. 53.] Criminal Justice Act 1991 (which relate respectively to the fixing of fines and financial circumstances orders) shall be amended as provided in sub-paragraphs (2) and (3) below.

(2) In section 18—

(a) for subsection (1), there shall be substituted the following subsection—

“(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances.”; and

(b) in subsection (3), after the word “fine” there shall be inserted the words “to be imposed on an offender (whether an individual or other person)

(3) In section 20, in subsections (1), (1A), (1B), (1C), (2) and (3) for the words “a person” and “any person” there shall be substituted the words “an individual” and “any individual”.

(4) In section 57(4) of that Act (application to local authorities of power to order fines to be paid by a parent or guardian), paragraph (b) shall be omitted.

(5) The amendments made by this paragraph apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.

False statements as to financial circumstances

43 After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section—

“20A False statements as to financial circumstances.

(1) A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly furnishes a statement which is false in a material particular; or

(c) knowingly fails to disclose any material fact,

shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(2) For the purposes of this section an official request is a request which—

(a) is made by the clerk of the magistrates' court or the appropriate officer of the Crown Court, as the case may be; and

(b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.

(3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.”.

Effect of previous probation orders and discharges

44 (1) Section 29 of the [1991 c. 53.] Criminal Justice Act 1991 (as substituted by section 66(6) of the [1993 c. 36.] Criminal Justice Act 1993) (effect of previous convictions and offending while on bail and treatment of certain orders as sentences and convictions) shall be amended as follows.

(2) In subsection (4), for the words “conditional discharge order” there shall be substituted the words “an order discharging the offender absolutely or conditionally”.

(3) After subsection (4) there shall be inserted the following subsections—

“(5) A conditional discharge order made after 30th September 1992 (which, by virtue of section 1A of the Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.

(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made after 30th September 1992 (which, by virtue of section 1C of the Powers of Criminal Courts Act 1973, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.”.

(4) The amendments made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.

Sexual offences

45 (1) In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, “sexual offence”), for that definition, there shall be substituted the following definition—

““sexual offence” means any of the following—

(a) an offence under the [1956 c. 69.] Sexual Offences Act 1956, other than an offence under section 30, 31 or 33 to 36 of that Act;

(b) an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959;

(c) an offence under the [1960 c. 33.] Indecency with Children Act 1960;

(d) an offence under section 9 of the [1968 c. 60.] Theft Act 1968 of burglary with intent to commit rape;

(e) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977;

(f) an offence under the [1978 c. 37.] Protection of Children Act 1978;

(g) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above;

(h) an offence under section 1 of the [1981 c. 47.] Criminal Attempts Act 1981 of attempting to commit any of those offences;

(i) an offence of inciting another to commit any of those offences;”.

(2) The amendment made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as it applies in relation to offenders convicted after that date.

Discretionary life prisoners

46 (1) In section 34 of the [1991 c. 53.] Criminal Justice Act 1991 (duty to release discretionary life prisoners after they have served the relevant part of their sentence and the Parole Board has directed their release)—

(a) in subsection (6), for the words after “sentence” there shall be substituted the following words— “—

(a) account shall be taken of any corresponding relevant period; but

(b) no account shall be taken of any time during which the prisoner was unlawfully at large within the meaning of section 49 of the Prison Act 1952 (“the 1952 Act”).”; and

(b) after that subsection, there shall be inserted the following subsection-

“(6A) In subsection (6)(a) above, “corresponding relevant period” means the period corresponding to the period by which a determinate sentence of imprisonment imposed on the offender would fall to be reduced under section 67 of the Criminal Justice Act 1967 (reduction of sentences to take account of police detention or remands in custody).”.

(2) In paragraph 9(2) of Schedule 12 to that Act (application of early release provisions of the Act to existing life prisoners), after paragraph (b) there shall be inserted the following paragraph, preceded by the word “and”—

“(c) in section 34 of this Act, paragraph (a) of subsection (6) and subsection (6A) were omitted.”.

Committals for sentence

47 In section 40(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power of magistrates' court to commit offender convicted of new offence during currency of previous sentence to Crown Court for sentence), in paragraph (b), for the words from “in accordance with” to the end there shall be substituted the words “; and the Crown Court to which he has been so committed may make such an order with regard to him as is mentioned in subsection (2) above.”.

Extradited persons: sentence of imprisonment to reflect custody

48 (1) In section 47 of the Criminal Justice Act 1991 (computation of sentences of imprisonment of persons extradited to United Kingdom), in subsection (4), in the definition of “extradited to the United Kingdom”, after paragraph (iv), there shall be inserted the following paragraph, preceded by the word “or”—

“(v) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;”.

(2) In each of sections 218(3) and 431(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (corresponding provisions for Scotland), after paragraph (c) there shall be inserted the following paragraph—

“(cc) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;”.

Transfers of proceedings

49 In section 53 of the [1991 c. 53.] Criminal Justice Act 1991 (notices of transfer in certain cases involving children)—

(a) in subsection (1), for the words “served” and “on” there shall be substituted the words “given” and “to”;

(b) in subsection (2), for the word “served” there shall be substituted the word “given”;

(c) in subsection (3), for the word “service” there shall be substituted the word “giving”; and

(d) in subsection (4), for the word “serve” there shall be substituted the word “give”.

Community sentences: binding over of parent or guardian

50 In section 58(2) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to bind over parent or guardian of young offender), at the end, there shall be inserted the following paragraph—

• “Where the court has passed on the relevant minor a community sentence (within the meaning of section 6 above) it may include in the recognisance a provision that the minor’s parent or guardian ensure that the minor complies with the requirements of that sentence.”.

Confiscation orders in terrorist-related activities cases: variation of sentences

51 (1) In section 48 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (postponed confiscation orders etc.), after subsection (3B) there shall be inserted the following subsection—

“(3C) Where the court has sentenced the defendant under subsection (2) or (3) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in subsection (5)(b) or (c) below so long as it does so within a period corresponding to that allowed by section 49(2) or (3) of the Judicature (Northern Ireland) Act 1978 (time allowed for varying a sentence) but beginning with the end of the specified period.”.

(2) For the purposes of section 69 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions) the amendment made in that Act by this paragraph shall be treated, as from the time when this paragraph comes into force, as having been continued in force by the order made under subsection (3) of that section which has effect at that time.

Anonymity of victims of certain offences

52 (1) The [1992 c. 34.] Sexual Offences (Amendment) Act 1992 shall be amended as follows.

(2) In section 2(1) (offences to which the Act applies), after paragraph (e) there shall be inserted the following paragraphs—

“(f) any conspiracy to commit any of those offences;

(g) any incitement of another to commit any of those offences.”.

(3) In section 6 (interpretation)—

(a) after subsection (2) there shall be inserted the following subsection—

“(2A) For the purposes of this Act, where it is alleged or there is an accusation that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(a) to (d) has been committed, the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.

In this subsection, “the substantive offence” means the offence to which the alleged conspiracy or incitement related.”; and

(b) in subsection (3), after the words “references in” there shall be inserted the words “subsection (2A) and in

Application of 1993 Act powers to pre-commencement offences

53 Section 78(6) of the [1993 c. 36.] Criminal Justice Act 1993 (application of Act to pre-commencement offences) shall have effect, and be deemed always to have had effect, with the substitution, for the words from “or the powers” to the end, of the words “and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.”.

Section 168(2).

SCHEDULE 10 Consequential Amendments

Bail: exclusion in homicide and rape cases

1 In section 2 of the [1679 c. 2.] Habeas Corpus Act 1679 (bail for persons released from custody under habeas corpus while awaiting trial), after the words “brought as aforesaid shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Evidence of accused in criminal proceedings

2 In section 1 of the [1898 c. 36.] Criminal Evidence Act 1898 (competency of accused to give evidence in criminal proceedings), proviso (b) shall be omitted.

Evidence of accused in criminal proceedings

3 In section 1 of the [1923 c. 9 (N.I.).] Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)—

(a) after the words “Provided as follows:—” there shall be inserted the following proviso—

“(a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;”;

(b) proviso (b) shall be omitted.

Responsibility for fine for breach of requirements of secure training order

4 In section 55(1A) of the [1933 c. 12.] Children and Young Persons Act 1933 (power of court to order parent or guardian to pay fine imposed on child or young person), after paragraph (b) there shall be inserted the following paragraph—

“(c) a court would impose a fine on a child or young person under section 4(3) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under secure training order),”.

Bail: exclusion in homicide and rape cases

5 In section 56(3) of the [1933 c. 12.] Children and Young Persons Act 1933 (powers of courts remitting young offenders to youth court), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide or rape cases

6 In section 37(1) of the [1948 c. 58.] Criminal Justice Act 1948 (power of High Court to grant bail on case stated or application for certiorari)—

(a) in paragraph (b), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”; and

(b) in paragraph (d), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Modernisation of “servant” in Prison Act

7 In section 3(1) of the [1952 c. 52.] Prison Act 1952 (officers and servants at prisons), for the word “servants” there shall be substituted the words “employ such other persons”.

Use of young offender institutions as secure training centres

8 In section 37(4) of the Prison Act 1952 (prisons not deemed closed where used as remand centres etc.), at the end, there shall be inserted the words “or secure training centre”.

Young offenders absconding from secure training centres

9 (1) Section 49 of the [1952 c. 52.] Prison Act 1952 (persons unlawfully at large) shall be amended as follows.

(2) In subsection (1), after the words “young offenders institution” there shall be inserted the words “or a secure training centre”.

(3) In subsection (2), for the words between “detained in a” and “is unlawfully” there shall be substituted the words “young offenders institution or in a secure training centre”.

(4) In subsection (2), in proviso (a), for the words after “prison” there shall be substituted the words “remand centre, young offenders institution or secure training centre”.

Bail: exclusion in homicide and rape cases

10 In section 4(2) of the [1960 c. 65.] Administration of Justice Act 1960 (power of High Court to grant bail to persons appealing to the House of Lords), after the words “Divisional Court shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Young offenders: application of prison rules

11 In section 23(4) of the [1961 c. 39.] Criminal Justice Act 1961 (which applies provisions relating to prison rules to other institutions), before the words “and remand centres” there shall be inserted the words “secure training centres”.

Young offenders: transfer, supervision and recall within British Islands

12 (1) Part III of the [1961 c. 39.] Criminal Justice Act 1961 (transfer, supervision and recall within British Islands) shall have effect with the following amendments.

(2) In section 29—

(a) in subsection (1), for the words from “youth custody centre” to “young offenders institution” there shall be substituted the words “or institution for young offenders to which this subsection applies”;

(b) after subsection (2), there shall be inserted the following subsection—

“(2A) The institutions for young offenders to which subsection (1) above applies are the following: a remand centre, young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.”.

(3) In section 30—

(a) in subsection (3), for the words between “prison” and “in any part” there shall be substituted the words “or institution for young offenders to which this subsection applies”;

(b) after subsection (3), there shall be inserted the following subsection—

“(3A) The institutions for young offenders to which subsection (3) above applies are the following: a young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.”.

(4) In section 32, in subsection (2), after paragraph (k), there shall be inserted the following paragraph—

“(l) sections 1 and 3 of the Criminal Justice and Public Order Act 1994.”.

(5) In section 38(3), for paragraph (a), there shall be substituted the following paragraph—

“(a) the expression “imprisonment or detention” means imprisonment, custody for life, detention in a young offenders institution or in a secure training centre or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man;”.

Payment of damages by police authority

13 In section 48(4) of the [1964 c. 48.] Police Act 1964 (payment by police authority of damages awarded against constables), after the words “section 14 of this Act” there shall be inserted the words “or section 141 of the Criminal Justice and Public Order Act 1994”.

Cross-border enforcement: extension of protection

14 In section 51 of the [1964 c. 48.] Police Act 1964 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—

“(4) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales.”.

Bail: exclusion in homicide and rape cases

15 In section 22(1) of the [1967 c. 80.] Criminal Justice Act 1967 (power of High Court to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Young offenders: detention under secure training order

16 Section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended by the insertion in subsection (5), after paragraph (b), of the following paragraph—

“(c) to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;”.

Payment of damages by Scottish police authority

17 In section 39(4) of the [1967 c. 77.] Police (Scotland) Act 1967 (payment by police authority of damages awarded against constables), after the words “section 11 of this Act” there shall be inserted the words “or section 141 of the Criminal Justice and Public Order Act 1994”.

Assaults on constables etc.

18 In section 41 of the Police (Scotland) Act 1967 (assaults on constables etc.), after subsection (2), there shall be inserted the following subsection—

“(3) This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.”.

Bail: exclusion in homicide and rape cases

19 In section 8(2)(a) of the [1968 c. 19.] Criminal Appeal Act 1968 (powers of Court of Appeal on retrial), after the words “custody or” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide and rape cases

20 In section 11(5) of the Criminal Appeal Act 1968 (powers of Court of Appeal on quashing interim hospital order), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide and rape cases

21 In section 16(3)(b) of the Criminal Appeal Act 1968 (powers of Court of Appeal on allowing an appeal against a finding that a person is under a disability), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide and rape cases

22 In section 19(1) of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide and rape cases

23 In section 36 of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail on appeal by defendant), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994”.

Young offenders: possession of firearms

24 (1) The [1968 c. 27.] Firearms Act 1968 shall be amended as follows.

(2) In section 21 (possession of firearms by persons previously convicted of crime)—

(a) in subsection (2), after the word “Scotland” there shall be inserted the words “or who has been subject to a secure training order”; and

(b) for subsection (2A) there shall be substituted—

“(2A) For the purposes of subsection (2) above, “the date of his release” means—

(a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;

(b) in the case of a person who has been subject to a secure training order—

(i) the date on which he is released from detention under the order;

(ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or

(iii) the date halfway through the total period specified by the court in making the order,

whichever is the later.”.

(3) In section 52(1) (forfeiture and disposal of firearms), in paragraph (a), after the word “Scotland” there shall be inserted the words “or is subject to a secure training order”.

Cross-border enforcement: extension of protection

25 In section 7 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—

“(4) This section also applies to a constable who is a member of a police force maintained in England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland.”.

Sexual offences: male rape

26 In section 9(2) of the [1968 c. 31.] Theft Act 1968 (offences which if intended by a trespasser constitute burglary), for the words “raping any woman” there shall be substituted the words “raping any person”.

Payment of damages by Police Authority for Northern Ireland

27 In section 14(5) of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 (payment by Police Authority of damages awarded against persons serving with the Royal Ulster Constabulary), for the words “section 19” there shall be substituted the words “section 141 of the Criminal Justice and Public Order Act 1994”.

Jury service: penalty for serving when not qualified

28 In section 20(5) of the [1974 c. 23.] Juries Act 1974 (offences in connection with jury service), at the end of paragraph (d) there shall be inserted “; or

(e) knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury,”.

Custody officers: ineligibility for jury service

29 In Part I of Schedule 1 to the [1974 c. 23.] Juries Act 1974, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after the entry for prisoner custody officers within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991, there shall be inserted the following entry—

• “Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994”.

Rehabilitation of offenders subject to secure training orders

30 In section 5(6) of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “or”—

“(d) a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;”.

Prisoner custody officers: ineligibility for jury service

31 In Schedule 2 to the [S.I. 1974/2143 (N.I. 6).] Juries (Northern Ireland) Order 1974 (exemptions from jury service) in the group headed “Persons connected with the administration of justice”, at the end there shall be inserted— “Prisoner custody officers within the meaning of section 122(1) of the Criminal Justice and Public Order Act 1994.

Bail: exclusion in homicide and rape cases

32 In section 4 of the [1976 c. 63.] Bail Act 1976 (entitlement to bail), after subsection (7), there shall be inserted the following subsection—

“(8) This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).”.

Police bail: variation by magistrates

33 In section 4(2) of the [1976 c. 63.] Bail Act 1976 (occasions for implementation of right to bail), in paragraph (b), after the words “for bail” there shall be inserted the words “or for a variation of the conditions of bail”.

Bail: no right for persons offending while on bail

34 In Part III of Schedule 1 to the Bail Act 1976, in paragraph 2, at the end, there shall be inserted the words “; and so as respects the reference to an offence committed by a person on bail in relation to any period before the coming into force of paragraph 2A of Part 1 of this Schedule.”.

Sexual offences: male rape

35 (1) The [1976 c. 82.] Sexual Offences (Amendment) Act 1976 shall be amended as follows.

(2) In section 1(2) (reasonable grounds for belief in consent to intercourse), after the word “woman” there shall be inserted the words “or man”.

(3) In section 2(3) (restrictions on evidence at trials for rape etc.), after the word “woman” there shall be inserted the words “or man”.

(4) In section 7(2) (interpretation of terms used in the Act)—

(a) the words from “references” to “only);” shall be omitted; and

(b) for the words “and section 46 of that Act” there shall be substituted the words “section 46 of the Sexual Offences Act 1956”.

Sexual offences: male rape

36 (1) Section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases) shall be amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) after the word “woman” in both places where it occurs there shall be inserted the words “or man”;

(ii) for the words “woman’s name nor her address” there shall be substituted the words “name nor the address of the woman or man”;

(iii) after the words “of her” there shall be inserted the words “or him”;

(iv) for the words “her lifetime” there shall be substituted the words “that person’s lifetime”; and

(v) for the words “identify her” there shall be substituted the words “identify that person”; and

(b) in paragraph (b)—

(i) after the word “woman” there shall be inserted the words “or man”; and

(ii) for the words “her lifetime” there shall be substituted the words “that person’s lifetime”.

(3) In subsection (5A), after the word “woman” there shall be inserted the words “or man”.

(4) In subsection (5B), for the words “woman’s peace or comfort” there shall be substituted the words “peace or comfort of the woman or man”.

(5) In subsection (6), in the definition of “complainant”, after the word “woman” there shall be inserted the words “or man”.

Indecent photographs etc.

37 (1) The [1978 c. 37.] Protection of Children Act 1978 shall be amended as follows.

(2) In section 2(3), after the words “proceedings under this Act” there shall be inserted the words “relating to indecent photographs of children”.

(3) In section 4—

(a) in subsection (1), after the word “photograph” there shall be inserted the words “or pseudo-photograph”; and

(b) in subsection (2), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

(4) In section 5(2), (5) and (6), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

Indecent photographs etc. (Northern Ireland)

38 (1) The [S.I. 1978/1047 (N.I.17).] Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 4(1)—

(a) after the word “photograph” there shall be inserted the words “or pseudo-photograph”; and

(b) after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

(3) In Article 5(3) and (5), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

(4) In Article 6(1), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.

(5) In Article 7(1), after the word “Order” there shall be inserted the words “relating to indecent photographs of children”.

Secure training orders: absence of accused

39 In section 11(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 (certain sentences and orders not to be made in absence of accused), after the word “make” there shall be inserted the words “a secure training order or”.

Procedure for young offenders in cases of grave crimes

40 In section 24(1)(a) of the Magistrates' Courts Act 1980 (exception to summary trial of children or young persons) the words “he has attained the age of 14 and” shall be omitted.

Bail: exclusion in homicide and rape cases

41 In section 29(4)(b) of the Magistrates' Courts Act 1980 (person under 18 remitted to youth court for trial), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Bail: exclusion in homicide and rape cases

42 In section 37(1) of the Magistrates' Courts Act 1980 (committal to Crown Court for sentence), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Police bail

43 In section 43(1) of the Magistrates' Courts Act 1980 (bail under the [1984 c. 60.] Police and Criminal Evidence Act 1984), after the words “bail under” there shall be inserted the words “Part IV of”.

Bail: exclusion in homicide or rape cases

44 In section 113(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to grant bail on appeal to Crown Court or by way of case stated), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Prisoner custody officers: ineligibility for jury service

45 In Part I of Schedule 1 to the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (which makes ineligible for jury service persons connected with the administration of justice), in Group B, after paragraph (o) there shall be inserted the following paragraph—

“(oo) prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;”.

Young offenders: detention in the custody of a constable and others

46 In section 6 of the [1980 c. 57.] Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable)—

(a) in subsection (1), after the words “remand centre” there shall be inserted the words “secure training centre”;

(b) in subsection (2), after the words “remand centre” there shall be inserted the words “secure training centre”; and

(c) after the subsection (3) inserted by section 94 of this Act, there shall be inserted the following subsection—

“(4) Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act).”.

Detention by constables and officers of a prison etc.: maximum period

47 In section 2 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (detention and questioning at police station etc.)—

(a) at the beginning of subsection (3A) there shall be inserted “Subject to subsection (3B) below,”; and

(b) after subsection (3A) there shall be inserted the following subsection—

“(3B) Subsection (3A) above shall not apply in relation to detention under section 41(3) of the Prisons (Scotland) Act 1989 (detention in relation to introduction etc. into prison of prohibited article), but where a person was detained under section 41(3) immediately prior to his detention under subsection (1) above the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.”.

Bail: exclusion in homicide and rape cases

48 In section 81(1) of the [1981 c. 54.] Supreme Court Act 1981 (power of Crown Court to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Young offenders: legal representation

49 In section 3(1) of the [1982 c. 48.] Criminal Justice Act 1982 (restriction on certain sentences where offender not legally represented), after paragraph (d) there shall be inserted the following paragraph, preceded by the word “or”—

“(e) make a secure training order,”.

Young offenders: early release

50 In section 32 of the [1982 c. 48.] Criminal Justice Act 1982 (early release by order of classes of prisoners and other persons), after subsection (7), there shall be inserted the following subsection—

“(7A) Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions.”.

Bail: exclusion in homicide and rape cases

51 In section 51(4) of the [1983 c. 20.] Mental Health Act 1983 (power of court to remit or release on bail detained person), after the words “above or” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Video recordings

52 (1) The [1984 c. 39.] Video Recordings Act 1984 shall be amended as follows.

(2) In section 13, after subsection (2), there shall be inserted the following subsection—

“(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”.

(3) For section 15 there shall be substituted the following section—

“15 Time limit for prosecutions.

(1) No prosecution for an offence under this Act shall be brought after the expiry of the period of three years beginning with the date of the commission of the offence or one year beginning with the date of its discovery by the prosecutor, whichever is earlier.

(2) In Scotland, the reference in subsection (1) above to the date of discovery by the prosecutor shall be construed as a reference to the date on which evidence sufficient in the opinion of the Lord Advocate to warrant proceedings came to his knowledge.

(3) For the purposes of subsection (2) above—

(a) a certificate signed by the Lord Advocate or on his behalf and stating the date on which evidence came to his knowledge shall be conclusive evidence of that fact;

(b) a certificate purporting to be signed as mentioned in paragraph (a) above shall be presumed to be so signed unless the contrary is proved; and

(c) a prosecution shall be deemed to be brought on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.”.

Interim possession order: power of entry

53 In section 17 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (police powers of entry to effect arrest etc.)—

(a) in subsection (1)(c), after sub-paragraph (iii), there shall be inserted the following sub-paragraph—

“(iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);”;

(b) in subsection (3), after the words “subsection (1)(c)(ii)” there shall be inserted the words “or (iv)

Bail: exclusion in homicide and rape cases

54 In section 38(1) of the Police and Criminal Evidence Act 1984 (duty of custody officer to release on bail or without bail after charge), after the word “shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Searches of persons detained at police stations

55 In section 54(1)(b) of the Police and Criminal Evidence Act 1984 (searches of persons detained at police stations), for the words “under section 47(5) above” there shall be substituted the words “, as a person falling within section 34(7), under section 37 above”.

Fingerprinting: speculative searches

56 In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)—

(a) after subsection (7) there shall be inserted the following subsection—

“(7A) If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—

(a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.”; and

(b) in subsection (8), after the word “them” there shall be inserted the words “and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection

Intimate samples: speculative searches

57 In section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples)—

(a) after subsection (7) there shall be inserted the following subsection—

“(7A) If an intimate sample is taken from a person at a police station—

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.”; and

(b) in subsection (8), after the words “subsection (7)” there shall be inserted the words “or (7A)

Non-intimate samples: speculative searches

58 In section 63 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples)—

(a) after the subsection (8A) inserted by section 55 of this Act, there shall be inserted the following subsection—

“(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.”; and

(b) in subsection (9), after the words “(8A)” there shall be inserted the words “or (8B)

Sexual offences: male rape and buggery

59 In Part I of Schedule 5 to the [1984 c. 60.] Police and Criminal Evidence Act 1984 (serious arrestable offences mentioned in section 116(2)(a) of that Act), for item 7 (buggery) there shall be substituted—

“7 Buggery with a person under the age of 16.”.

Trespassory assemblies

60 In section 15(1) of the [1986 c. 64.] Public Order Act 1986 (delegation of functions), for “14” there shall be substituted “14A”.

Inferences from accused’s silence

61 (1) The [S.I. 1988/1987 (N.I.20).] Criminal Evidence (Northern Ireland) Order 1988 shall be amended as follows.

(2) In Article 3(1)(a), after the word “questioned” there shall be inserted the words “under caution”.

(3) In Article 4—

(a) in paragraph (1)—

(i) for the words “to (7)” there shall be substituted the words “and (4)”;

(ii) in sub-paragraph (b), the words “be called upon to” shall be omitted;

(iii) for the words from “if” onwards there shall be substituted the words “, at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence”;

(b) for paragraphs (2) and (3) there shall be substituted the following paragraph—

“(2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.”;

(c) in paragraph (4)—

(i) at the beginning there shall be inserted the words “Where this paragraph applies,”;

(ii) in sub-paragraph (a), for the words “from the refusal as appear proper” there shall be substituted the words “as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question”;

(d) in paragraph (5), for the words “refusal to be sworn” there shall be substituted the words “failure to do so”; and

(e) paragraphs (9) and (10) shall be omitted.

(4) In Article 5(1)(b), for the words “the constable” there shall be substituted the words “that or another constable investigating the case

(5) In Article 5(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—

“(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and”.

(6) In Article 5, after paragraph 3, there shall be inserted the following paragraph—

“(3A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.”.

(7) In Article 6(1)(b), for the words “the constable” there shall be substituted the words “that or another constable investigating the case”.

(8) In Article 6(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—

“(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and”.

(9) In Article 6, after paragraph 2, there shall be inserted the following paragraph—

“(2A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.”.

(10) In Article 6(3), for the words “do so” there shall be substituted the words “comply with the request”.

Samples: application to terrorist suspects

62 (1) The [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as provided in sub-paragraphs (2) and (3) below.

(2) In section 15 (provisions supplementary to powers to arrest and detain suspected persons), after subsection (10), there shall be inserted the following subsections—

“(11) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if—

(a) for subsection (2) there were substituted—

“(2) An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act;

or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement”; and

(b) in subsection (6), after the word “includes”, there were inserted the words “where relevant

(12) In this section, “intimate sample” has the same meaning as in section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984.

(13) Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if—

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

“(4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act;

or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement”; and

(b) in subsection (7), after the word “includes” there were inserted the words “where relevant

(14) In this section, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.

(3) In Schedule 5, in paragraph 7 (provisions supplementary to powers to detain persons pending examination etc.), after sub-paragraph (6), there shall be inserted the following sub-paragraphs—

“(6A) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under sub-paragraph (5) above as if—

(a) for subsection (2) there were substituted—

“(2) An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act; or

(c) whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and

(b) in subsection (6), after the word “includes”, there were inserted the words “where relevant

(6B) In this paragraph, “intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.

(6C) Section 63 (1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under sub-paragraph (5) above as if—

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

“(4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies;

(b) whether he is subject to an exclusion order under that Act; or

(c) whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and

(b) in subsection (7), after the word “includes”, there were inserted the words “where relevant

(6D) In this paragraph, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.

(4) In consequence of the foregoing amendments—

(a) in section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples), at the end there shall be inserted the following subsection—

“(12) Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”;

(b) in section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples), at the end there shall be inserted the following subsection—

“(10) Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”; and

(c) in section 28(2) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (extent), in paragraph (b) (provisions extending only to England and Wales), after the words “section 15(10)” there shall be inserted the words “to (14)” and after the words “paragraph 7(6)” there shall be inserted the words “to (6D)

(5) For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

Prevention of terrorism: consents for prosecutions etc.

63 (1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

(2) In section 17(1)(b) (purposes of investigations), for the words “section 21(4) of that Act” there shall be substituted the words “section 28(3) of that Act”.

(3) In section 19(1) (consents required for prosecutions), after paragraph (a), there shall be inserted the following paragraph—

“(aa) in England and Wales for an offence under section 13A, 16A or 16B except by or with the consent of the Director of Public Prosecutions;”.

(4) In section 28(2) (extent), in paragraph (a) (provisions not extending to Northern Ireland), for the words “and section 15(1)”, there shall be substituted the words “, sections 13A and 15(1) and Part IVA”.

(5) For the purposes of section 27 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

Young offenders: powers to search and to test for drugs

64 In section 19(4) of the [1989 c. 45.] Prisons (Scotland) Act 1989 (remand centres and young offenders institutions), for the words “and 41” there shall be substituted the words “41, 41A and 41B”.

Non-appearance of accused: plea of guilty

65 In section 20(1A) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to make financial circumstances order in absence of accused where guilty plea notified), for the words “section 12(2)” there shall be substituted the words “section 12(4)”.

Young offenders: secure training order a custodial sentence

66 In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, “custodial sentence”), in paragraph (b) of that definition, after the words “1982 Act”, there shall be inserted the words, “or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994”.

Bail: exclusion in homicide and rape cases

67 In section 40(3)(b) of the Criminal Justice Act 1991 (committal for sentence of offender convicted of offence during currency of original sentence), at the beginning, there shall be inserted the words “subject to section 25 of the Criminal Justice and Public Order Act 1994,”.

Contracted out prisons: exclusion of search powers

68 In section 87(3) of the [1952 c. 52.] Criminal Justice Act 1991 (provisions of Prison Act 1952 not applying to contracted out prisons), after the word “officers)” there shall be inserted the words “and section 8A (powers of search by authorised employees)”.

Testing prisoners for drugs: director’s function

69 In section 87(4) of the Criminal Justice Act 1991 (certain functions as governor to be functions of director of contracted out prisons), after “13(1)” insert “16A”.

The Parole Board

70 For Schedule 5 to the Criminal Justice Act 1991 (supplementary provisions about the Parole Board) there shall be substituted the following Schedule—

“SCHEDULE 5 The Parole Board: Supplementary Provisions

Status and capacity

1 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act.

Membership

2 (1) The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

(2) The Board shall include among its members—

(a) a person who holds or has held judicial office;

(b) a registered medical practitioner who is a psychiatrist;

(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

(3) A member of the Board—

(a) shall hold and vacate office in accordance with the terms of his appointment;

(b) may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.

Payments to members

3 (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Proceedings

4 (1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.

(3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

5 (1) The Board may appoint such number of employees as it may determine.

(2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

(3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

(4) The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

6 (1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.

(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

7 (1) The Secretary of State shall pay to the Board—

(a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

(b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Board’s seal

8 The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

9 Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

10 (1) It shall be the duty of the Board—

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

(3) In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

Reports

11 The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.”.

Bail: exclusion in homicide and rape cases

71 In Schedule 6 to the [1991 c. 53.] Criminal Justice Act 1991 (procedure on notice of transfer in certain cases involving children), in paragraph 2(1), after the word “1976” where it occurs first there shall be inserted the words “, section 25 of the Criminal Justice and Public Order Act 1994”.

Probation officers for offenders subject to secure training orders

72 In section 4 of the [1993 c. 47.] Probation Service Act 1993 (functions of probation committee)—

(a) in subsection (1), after paragraph (d), there shall be inserted the following paragraph—

“(dd) to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to supervision by a probation officer under a secure training order (within the meaning of section 1 of the Criminal Justice and Public Order Act 1994) naming as that petty sessions area the petty sessions area within which the person to be supervised resides for the time being;”; and

(b) in subsection (4), for the words “paragraph (c) or (d)” there shall be substituted the words “paragraph (c), (d) or (dd)

Secure training orders: cost of supervision by probation officer

73 In section 17 of the [1993 c. 47.] Probation Service Act 1993 (probation committee expenditure)—

(a) in subsection (1), for the words “and (5)” there shall be substituted the words “(5) and (5A)”; and

(b) after subsection (5) there shall be inserted the following subsection—

“(5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(6) of the Criminal Justice and Public Order Act 1994.”.

Section 168(3).

SCHEDULE 11 Repeals

Chapter	Short title	Extent of repeal
Note: The repeals that are to come into force on the passing of this Act are the following, namely, the repeals in the Sexual Offences Act 1967, the Caravan Sites Act 1968, the Sexual Offences (Amendment) Act 1976, the Public Order Act 1986, the Criminal Justice (Scotland) Act 1980 and the Homosexual Offences (Northern Ireland) Order 1982.
1848 c. 42.	Indictable Offences Act 1848.	Sections 12, 14 and 15.
1898 c. 36.	Criminal Evidence Act 1898.	In section 1, proviso (b).
1923 c. 9 (N.I.).	Criminal Evidence Act (Northern Ireland) 1923.	In section 1, proviso (b).
1925 c. 86.	Criminal Justice Act 1925.	Section 13(3).
		Section 49(2).
1952 c. 52.	Prison Act 1952.	In section 43(1)(a), the words “trial or”.
		In section 43(1), the word “and” at the end of paragraph (b).
		In section 43(2)(b) and (c), the words “trial or”.
1956 c. 69.	Sexual Offences Act 1956.	In section 2(1), the word “unlawful”.
		Section 2(2).
		In section 3(1), the word “unlawful”.
		Section 3(2).
		Section 4(2).
		Section 22(2).
		Section 23(2).
1963 c. 37.	Children and Young Persons Act 1963.	In section 57(2), the words “Section 49 of the principal Act and” and “an appeal by case stated or”.
1965 c. 45.	Backing of Warrants (Republic of Ireland) Act 1965.	In section 2(2)(a), the words from “, or an offence under an enactment” to “control”.
1965 c. 69.	Criminal Procedure (Attendance of Witnesses) Act 1965.	Section 1.
1967 c. 60.	Sexual Offences Act 1967.	In section 1(1), the words “but subject to the provisions of the next following section”.
		Section 1(5).
		Section 2.
		Section 3.
1967 c. 77.	Police (Scotland) Act 1967.	Section 18.
1967 c. 80.	Criminal Justice Act 1967.	Section 7.
		In section 36(1), the definition of “committal proceedings”.
		In section 67(5), the word “and” at the end of paragraph (a).
1968 c. 19.	Criminal Appeal Act 1968.	In Schedule 2, paragraph 1, the words from “section 13(3)” to “but”.
1968 c. 52.	Caravan Sites Act 1968.	Sections 6 to 12.
		In section 16, the definition of “gipsies”.
1969 c. 54.	Children and Young Persons Act 1969.	Section 10(1) and (2).
		In section 57(4), the words “49 and the said sections”.
1969 c. 63.	Police Act 1969.	Sections 1, 3, 6 and 7.
1970 c. 9 (N.I.).	Police Act (Northern Ireland) 1970.	Sections 19 and 20.
1972 c. 71.	Criminal Justice Act 1972.	In section 46(1), the following words— “Section 102 of the Magistrates' Courts Act 1980 and”; “which respectively allow”; “committal proceedings and in other”; “and section 106 of the said Act of 1980”; “which punish the making of”; “102 or”; “, as the case may be”.
		Section 46(2).
1973 c. 62.	Powers of Criminal Courts Act 1973.	In section 32(1)(b), the words “tried or”.
1974 c. 23.	Juries Act 1974.	In section 10, the words “physical disability or”.
1974 c. 53.	Rehabilitation of Offenders Act 1974.	In section 5(4), the words “or placed on probation,” and “or probation order”.
1976 c. 63.	Bail Act 1976.	Section 1(4).
		In section 3(6), the words “(but only by a court)”.
1976 c. 82.	Sexual Offences (Amendment) Act 1976.	Section 1(1).
		In section 7(2), the words from “references” to “only);”.
1977 c. 45.	Criminal Law Act 1977.	Section 6(3).
		Section 38.
1978 c. 30.	Interpretation Act 1978.	In Schedule 1, paragraph (a) of the definition of “Committed for trial”.
1978 c. 37.	Protection of Children Act 1978.	In section 1(1)(a), the words following “child”.
		In section 4(2), the words from “within” to “warrant”.
1980 c. 43.	Magistrates' Courts Act 1980.	In section 22(1), the words “subject to subsection (7) below”.
		In section 24(1)(a) the words “he has attained the age of 14 and”.
		In section 38(2)(b), the words from “committed” to “21 years old”.
		In section 97(1), the words from “at an inquiry” to “be) or”.
		Section 102.
		Section 103.
		Section 105.
		Section 106.
		Section 145(1)(e).
		In section 150(1), the definition of “committal proceedings”.
		In Schedule 5, paragraph 2.
1980 c. 62.	Criminal Justice (Scotland) Act 1980.	In section 80, subsection (5); in subsection (7), paragraph (d) and the word “; or” immediately preceding that paragraph; and subsection (8).
1981 c. 47.	Criminal Attempts Act 1981.	In section 2(2)(g), the words “or committed for trial”.
1982 c. 48.	Criminal Justice Act 1982.	In section 1(2), the words “trial or”.
		Section 12(6), (7) and, in subsection (11), paragraph (b) and the word “and”.
		Section 67(5).
		In Schedule 14, paragraph 8.
S.I. 1982/1536 (N.I. 19).	Homosexual Offences (Northern Ireland) Order 1982.	In Article 3, in paragraph (1), the words “and Article 5 (merchant seamen)” and paragraph (4).
		Article 5.
1984 c. 39.	Video Recordings Act 1984.	In section 1, in subsection (2)(a), the word “or” and in subsection (3), the word “or” where it occurs first.
		In section 17(1), the words from “within” to “warrant”.
1984 c. 60.	Police and Criminal Evidence Act 1984.	Section 37(1)(b), together with the word “or” preceding it.
		Section 47(5).
		In section 62(10), the words following “proper”.
		In section 118(1), the definition of “intimate search”.
1985 c. 23.	Prosecution of Offences Act 1985.	In Schedule 1, paragraph 1.
1986 c. 64.	Public Order Act 1986.	Section 39.
		In section 42(2), “39”.
1987 c. 38.	Criminal Justice Act 1987.	In Schedule 2, paragraphs 10 and 11.
1988 c. 33.	Criminal Justice Act 1988.	In section 25(1)(a)(ii), the word “or”.
		Section 32A(10).
		In section 34(2), the words from “in relation to” to the end.
		Section 126.
		In section 160, in subsection (1), the words from “(meaning” to “16)” and subsection (5).
1988 c. 34.	Legal Aid Act 1988.	In section 20(4)(a), the words “trial or”.
		Section 20(4)(bb).
		Section 20(5).
S.I. 1988/1987 (N.I.20).	Criminal Evidence (Northern Ireland) Order 1988.	In Article 4, in paragraph (1)(b) the words “be called upon to” and paragraphs (9) and (10).
1989 c. 45.	Prisons (Scotland) Act 1989.	Section 33.
1989 c. 54.	Children Act 1989.	In Schedule 5, paragraph 7(2)(f).
		In Schedule 6, paragraph 10(2)(j).
1990 c. 42.	Broadcasting Act 1990.	In Schedule 20, in paragraph 3(2), the words “and 49”.
1991 c. 13.	War Crimes Act 1991.	In section 1(4), the words “England, Wales or”.
1991 c. 24.	Northern Ireland (Emergency Provisions) Act 1991.	In Schedule 7, paragraph 5(3)(c).
1991 c. 53.	Criminal Justice Act 1991.	In section 3(2), the words from the beginning to “indictment,”.
		In section 3(4), the words from “which is” to “applies”.
		Section 50(4).
		Section 52(2).
		Section 57(4)(b), together with the word “and” preceding it.
		Section 64.
S.I. 1992/1829.	Parole Board (Transfer of Functions) Order 1992.	In Article 3, the words from “and 39” to “licence)” and the words “and (4)”.
1993 c. 24.	Video Recordings Act 1993.	Section 3.
1993 c. 36.	Criminal Justice Act 1993.	Section 67(2).