Crime and Disorder Act 1998

Powers of Criminal Courts Act 1973 (c. 62)

25 After subsection (1) of section 1A of the 1973 Act (absolute and conditional discharge) there shall be inserted the following subsection—

“(1A) Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings).”

26 (1) In subsection (1) of section 2 of the 1973 Act (probation orders), the words “by a probation officer” shall cease to have effect and for the words “the supervision of a probation officer” there shall be substituted the word “supervision”.

(2) In subsection (2) of that section, for the words “a probation officer appointed for or assigned to that area” there shall be substituted the following paragraphs—

“(a) a probation officer appointed for or assigned to that area; or

(b) where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order.”

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

“(2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.”

(4) In subsection (4) of that section, for the words “the probation officer” there shall be substituted the words “the person”.

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

“(4A) In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team.”

(6) In subsection (6) of that section—

(a) for the words “the probation officer” there shall be substituted the words “the person”; and

(b) for the words “that officer” there shall be substituted the words “that person”.

27 (1) In subsection (4) of section 14 of the 1973 Act (community service orders), for the words from “a probation officer” to the end there shall be substituted the following paragraphs—

“(a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991);

(b) a person appointed for the purposes of those provisions by the probation committee for that area; or

(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).”

(2) After that subsection there shall be inserted the following subsection—

“(4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.”

(3) After subsection (8) of that section there shall be inserted the following subsection—

“(9) In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team.”

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

(a) after the words “sentence or trial,” there shall be inserted the words “or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,”; and

(b) for the words “which committed him” there shall be substituted the words “which committed or sent him”.

29 In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words “or dealt with” there shall be inserted the words “, or by which he was sent to that Court for trial under section 51 of the Crime and Disorder Act 1998”.

30 After subsection (2) of section 23 of the 1973 Act (power of court on conviction of further offence to deal with suspended sentence) there shall be inserted the following subsection—

“(2A) The power to make an order under subsection (2) above has effect subject to section 102 of the Crime and Disorder Act 1998.”

31 In section 42 of the 1973 Act (power of Crown Court on committal for sentence), subsection (2) shall cease to have effect.

32 In subsection (1) of section 46 of the 1973 Act (reports of probation officers), after the words “probation officer” there shall be inserted the words “or a member of a youth offending team”.

33 In subsection (1) of section 57 of the 1973 Act (interpretation), after the definition of “suspended sentence” there shall be inserted the following definition—

““youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.”

34 (1) At the beginning of sub-paragraph (1) of paragraph 6 (requirements as to drug or alcohol dependency) of Schedule 1A to the 1973 Act there shall be inserted the words “Subject to sub-paragraph (1A) below,”.

(2) After that sub-paragraph there shall be inserted the following sub-paragraph—

“(1A) If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words “drugs or”, in each place where they occur, were omitted.”

(3) After that paragraph there shall be inserted the following paragraph—

“Interpretation

7 In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team.”