Criminal Justice and Court Services Act 2000
2000 c. 43
An Act to establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I The New Services
Chapter I National Probation Service for England and Wales
Introduction
F1691 Purposes of the Chapter.
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F1692 Aims of the Service.
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Functions
F1693 Functions of the Secretary of State.
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F1694 Local probation boards.
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F1695 Functions of local probation boards.
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C13F1185ALocal probation boards and service justice
C121
A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.
2
Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.
6 The inspectorate.
1
The inspectorate, and the office of chief inspector, established under section 23 of the M1Probation Service Act 1993 (inspectorate of probation) shall continue in being, F92...
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.
3
The Secretary of State may determine—
a
the number of members of the inspectorate,
b
the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.
4
Below in this Chapter—
a
references to the chief inspector are to Her Majesty’s Chief Inspector of F93Probation for England and Wales,
b
references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty’s Inspectorate of F93Probation for England and Wales.
7 Functions of inspectorate.
1
The chief inspector must secure that the provision made in pursuance of arrangements made by F167the Secretary of State under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) is inspected by a member of the inspectorate.
2
The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.
3
A report of an inspection under subsection (1) must be sent to the Secretary of State.
4
The Secretary of State may give directions as to—
a
the information to be given in the report and the form in which it is to be given,
b
the time by which the report is to be given.
5
The Secretary of State must lay a copy of the report before each House of Parliament.
6
The Secretary of State may give directions, in connection with the purposes mentioned in section 1 F168of the Offender Management Act 2007 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.
F817
Schedule 1A (which makes further provision about the inspectorate) has effect.
Miscellaneous
F1668 Support services.
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F1669 Approved premises.
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F16610 Default powers.
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Chapter II Children and Family Court Advisory and Support Service
11 Establishment of the Service.
1
There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
2
Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.
3
References in this Act or any other enactment to an officer of the Service are references to—
a
any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and
b
any other individual exercising functions of an officer of the Service by virtue of section 13(2) or (4).
C1C712 Principal functions of the Service.
1
In respect of family proceedings in which the welfare of children F42other than children ordinarily resident in Wales is or may be in question, it is a function of the Service to—
a
safeguard and promote the welfare of the children,
b
give advice to any court about any application made to it in such proceedings,
c
make provision for the children to be represented in such proceedings,
d
provide information, advice and other support for the children and their families.
2
The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).
3
Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service’s functions.
4
The regulations may provide for the grants to be paid on conditions, including conditions—
a
regulating the purposes for which the grant or any part of it may be used,
b
requiring repayment to the Service in specified circumstances.
5
In this section, “family proceedings” has the same meaning as in the M2Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the M3Children Act 1989, but—
a
references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, F1and
F1b
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13 Other powers of the Service.
1
The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.
2
Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.
3
But the Service may only make an arrangement under subsection (1) if it is of the opinion—
a
that the functions in question will be performed efficiently and to the required standard, and
b
that the arrangement represents good value for money.
4
The Service may make arrangements with individuals under which they may perform functions of officers of the Service.
5
The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.
14 Provision of staff or services to other organisations.
1
The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.
2
The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.
3
The Service may charge for anything done under arrangements under this section.
15 Right to conduct litigation and right of audience.
1
The Service may authorise an officer of the Service of a prescribed description—
a
to conduct litigation in relation to any proceedings in any court,
b
to exercise a right of audience in any proceedings before any court,
in the exercise of his functions.
2
An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of F158the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
3
An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of F159the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
4
In this section and section 16, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the M4Courts and Legal Services Act 1990.
16 Cross-examination of officers of the Service.
1
An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
2
But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.
F4317 Inspection.
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Chapter III General
Property and staff
18 Definitions.
1
This section applies for the purposes of sections 19 to 21 and Schedule 3.
2
“Eligible employee” means—
a
in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,
F170b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
“New employer” means F171... the Service.
4
“Old employer” means a local authority, F172..., the Official Solicitor or the Receiver for the Metropolitan Police District.
5
“Property” includes rights and interests of any description, other than—
a
those under a contract of employment,
b
land, in the case of transfers to a local board.
C219 Property.
1
The F10Secretary of State may by order make a scheme—
a
for the transfer to the F10Secretary of State or the Service of any property belonging to the old employer,
b
for the transfer to the F10Secretary of State or the Service of any liabilities to which the old employer is subject,
c
for the transfer of property or liabilities to a new employer after an initial transfer to the F10Secretary of State under paragraph (a) or (b),
2
Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.
3
No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—
a
it is stamped with the duty to which it would, but for this section, be liable, or
b
it has, in accordance with the provisions of section 12 of the M5Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
4
Schedule 3 (contents of schemes) applies in relation to a scheme under this section.
F25
For the purposes of stamp duty land tax, a land transaction effected by virtue of this section, under which the purchaser is the Service, is exempt from charge.
6
Relief under subsection (5) must be claimed in a land transaction return or an amendment of such a return.
7
In this section—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act;
“purchaser” has the same meaning as in Part 4 of that Act.
C320 Transfer of staff.
1
The F11Secretary of State may by order make a scheme for the transfer to a new employer of any eligible employee.
F1732
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3
A scheme may apply—
a
to all, or any description of, eligible employees or persons so employed, or
b
to any individual eligible employee or person so employed.
4
A scheme may be made only if any directions about consultation given by the F11Secretary of State have been complied with in relation to each of the eligible employees and chief probation officers to be transferred or appointed in pursuance of the scheme.
21 Effect of transfer of eligible employees.
1
The contract of employment of an employee transferred under a scheme—
a
is not terminated by the transfer,
b
has effect from the date of transfer as if originally made between the employee and the transferee.
2
Where an employee is transferred under a scheme—
a
all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and
b
anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
This subsection does not prejudice the generality of subsection (1).
3
But if the employee informs the old employer or the transferee that he objects to the transfer—
a
subsections (1) and (2) do not transfer his contract of employment, or the rights, powers, duties and liabilities under or in connection with it, and
b
the contract of employment is terminated immediately before the date of transfer.
4
An employee is not to be treated, for the purposes of the M6Employment Rights Act 1996, as having been dismissed by the old employer by reason of—
a
the transfer of his contract of employment under a scheme, or
b
the termination of his contract of employment by virtue of subsection (3).
F1745
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6
This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
7
In this section—
“date of transfer” means the date of transfer determined under the scheme in relation to the employee,
“scheme” means a scheme made by virtue of section 20,
“transferee” means the new employer to whom the employee is or would be transferred under the scheme.
F17522 Effect of transfer of chief probation officers.
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C423 Transfer of staff in consequence of arrangements under Part I.
1
This section applies where, by reason of the implementation or termination of any arrangements under section 5, 8 or 13, any functions exercisable by any person (the “old employer”) become exercisable by another person (whether on behalf, or instead, of the old employer).
2
The F12Secretary of State may by order make a scheme for the transfer to the other person (the “transferee”) of any person (an “eligible employee”) employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.
3
A scheme may apply—
a
to all, or any description of, eligible employees, or
b
to any individual eligible employee.
4
A scheme may be made only if any directions about consultation given by the F12Secretary of State have been complied with in relation to each of the eligible employees to be transferred in pursuance of the scheme.
5
Section 21 (except subsection (5) and the definitions of “scheme” and “transferee”) applies to a scheme made by virtue of this section as it applies to a scheme made by virtue of section 20, and as if “old employer” and “transferee” had the same meanings as in this section.
Provision for the protection of children
24 Provision for the protection of children.
F1611
The M7Protection of Children Act 1999 (“the 1999 Act”) shall have effect as if the Service were a child care organisation within the meaning of that Act.
2
Arrangements which the Service makes with an organisation under section 13(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—
a
must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
b
if he is included in any of those lists, must not select him for that employment.
3
Such arrangements must provide that, if at any time the organisation has power to refer a relevant individual to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary action etc.), the organisation must so refer him.
In this subsection, “relevant individual” means an individual who is or has been employed in a child care position under the arrangements.
4
In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.
Interpretation
25 Interpretation of Part I.
C11Part II Protection of Children
Disqualification orders
E126 Meaning of “offence against a child”.
F1621
For the purposes of this Part, an individual commits an offence against a child if—
a
he commits any offence mentioned in paragraph 1 of Schedule 4,
b
he commits against a child any offence mentioned in paragraph 2 of that Schedule, or
c
he falls within paragraph 3 of that Schedule,
and references to being convicted of, or charged with, an offence against a child are to be read accordingly.
2
The Secretary of State may by order amend Schedule 4 so as to add, modify or omit any entry.
E227 Equivalent armed forces offences.
F1621
For the purposes of this Part, an individual is treated as being convicted of or (as the case may be) charged with an offence against a child if he is convicted of or charged with an equivalent armed forces offence.
2
In subsection (1), “equivalent armed forces offence” means F119an offence under section 42 of the Armed Forces Act 2006 constituted by an act or omission which—
a
is an offence against a child, or
b
would, if committed in England or Wales, be an offence against a child.
F1203
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section.
E328 Disqualification from working with children: adults.
F1621
This section applies where either of the conditions set out below is satisfied in the case of an individual.
2
The first condition is that—
a
the individual is convicted of an offence against a child committed when he was aged 18 or over, and
b
a qualifying sentence is imposed by a F110superior court in respect of the conviction.
3
The second condition is that—
a
the individual is charged with an offence against a child committed when he was aged 18 or over, and
b
a relevant order is made by a F111superior court in respect of the act or omission charged against him as the offence.
4
Subject to subsection (5), the court must order the individual to be disqualified from working with children.
5
An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child.
6
If the court does not make an order under this section, it must state its reasons for not doing so and cause those reasons to be included in the record of the proceedings.
E429 Disqualification from working with children: juveniles.
F1621
This section applies where either of the conditions set out below is satisfied in the case of an individual.
2
The first condition is that—
a
the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, and
b
a qualifying sentence is imposed by a F112superior court in respect of the conviction.
3
The second condition is that—
a
the individual is charged with an offence against a child committed at a time when the individual was under the age of 18, and
b
a relevant order is made by a F113superior court in respect of the act or omission charged against him as the offence.
4
If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.
5
If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
29AF20Disqualification at discretion of court: adults and juveniles
F1621
This section applies where—
a
an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over),
b
the individual is sentenced by a F114superior court, and
c
no qualifying sentence is imposed in respect of the conviction.
2
If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it may order the individual to be disqualified from working with children.
3
If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
29BSubsequent application for order under section 28 or 29
F1621
Where—
a
section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or
b
section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,
the prosecutor may at any time apply to that court for an order under section 28 or 29.
2
Subject to subsection (3), on an application under subsection (1)—
a
in a case falling within subsection (1)(a), the court—
i
must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and
ii
if it does not make an order under that section, must comply with subsection (6) of that section,
b
in a case falling within subsection (1)(b), the court—
i
must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and
ii
if it does so, must comply with subsection (5) of that section.
3
Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order.
E530 Sections 28 F19and 29F19to 29B : supplemental.
F1621
In sections 28 F22and 29F22to 29B and this section—
“guardianship order” means a guardianship order within the meaning ofF121... theM8Mental Health Act 1983,“qualifying sentence” means—- a
a sentence of imprisonment for a term of 12 months or more, - b
a sentence of detention in a young offender institution for a term of 12 months or more, - c
a sentence of detention during Her Majesty’s pleasure, - d
a sentence of detention for a period of 12 months or more under section 91 of theM9Powers of Criminal Courts (Sentencing) Act 2000F122or section 209 of the Armed Forces Act 2006(offenders under 18 convicted of certain serious offences), - dd
F23a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003, - e
a detention and training order for a term of 12 months or moreF123under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006, - f
F124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - g
a hospital order within the meaning of theM10Mental Health Act 1983, or - h
a guardianship order,
- a
“relevant order” means—- a
an order made by the Crown Court, the Court of Appeal,F125the Court Martial or the Court Martial Appeal Courtthat the individual in question be admitted to hospital, or - b
a guardianship order,
- a
“F115superior court” means the Crown Court, the Court of Appeal,F126the Court Martial or the Court Martial Appeal Court.
F1272
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3
In this Part, references to a sentence of imprisonment F128... include references to a suspended sentence.
4
If, for the purpose of making an order under section 28 or 29, the court determines, after considering any available evidence, that an individual was, or was not, under the age of 18 at the time when the offence in question was committed, his age at that time shall be taken, for the purposes of that sections (and in particular for the purpose of determining any question as to the validity of the order), to be that which the court determined it to be.
5
Below in this Part—
b
in relation to an individual on whom a sentence has been passed, or in relation to whom an order has been made, as mentioned in subsection (2) or (3) of section 28 or 29, references to his sentence are to that sentence or order.
F25c
in relation to an individual to whom section 29A applies and on whom a sentence has been passed, references to his sentence are to that sentence.
E631 Appeals.
F1621
An individual may appeal against a disqualification order—
a
where the first condition mentioned in section 28 or 29 is satisfied in his case, as if the order were a sentence passed on him for the offence of which he has been convicted,
b
where the second condition mentioned in section 28 or 29 is satisfied in his case, as if he had been convicted of an offence on indictment and the order were a sentence passed on him for the offence.
F26c
where an order is made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted.
2
E732 Review of disqualification.
F1621
Subject to section 33, an individual who is subject to a disqualification order may make an application to the Tribunal under this section.
2
On an application under this section the Tribunal must determine whether or not the individual is to continue to be subject to the order.
3
If the Tribunal is satisfied that the individual is suitable to work with children, it must direct that the order is to cease to have effect; otherwise it must dismiss the application.
E833 Conditions for application under section 32.
F1621
An individual may only make an application under section 32 with the leave of the Tribunal.
2
An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.
3
In the case of an individual who was under the age of 18 when he committed the offence against a child, the appropriate conditions are satisfied if—
a
at least five years have elapsed since the relevant date, and
b
in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
4
In the case of any other individual, the appropriate conditions are satisfied if—
a
at least ten years have elapsed since the relevant date, and
b
in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
5
The Tribunal may not grant an application under this section unless it considers—
a
that the individual’s circumstances have changed since the order was made or, as the case may be, since he last made an application under this section, and
b
that the change is such that leave should be granted.
6
In this section, “the relevant date” means—
a
in relation to an individual whose sentence is an actual term of custody, the day on which he is released or, if later, the day on which the disqualification order is made,
b
in relation to an individual whose sentence is suspended and does not take effect, the day on which the disqualification order is made,
c
in relation to an individual whose sentence is an order for admission to hospital—
i
if he is detained in a hospital pursuant to the order, the day on which he ceases to be liable to be detained there, or
ii
if he is not so detained, the day on which the disqualification order is made,
d
in relation to an individual whose sentence is a guardianship order, the day on which the disqualification order is made.
F27e
in relation to an individual not falling within any of paragraphs (a) to (d), the day on which the disqualification order is made.
7
In this section—
“actual term of custody” means a term of imprisonment or detention which is not suspended, or is suspended but takes effect,“guardianship order” has the same meaning as in section 30,“order for admission to hospital” means—
F288
In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to F130(e) of the definition of “qualifying sentence” in section 30(1).
F288
In subsection (7) “detention” means detention (or detention and training)—
a
under any sentence or order falling within paragraphs (b) to F130(e)
of the definition of “qualifying sentence” in section 30(1), or
b
under any sentence or order which would fall within those paragraphs if it were for a term or period of 12 months or more.
34 Restoration of disqualification order.
F1621
If it appears to a chief officer of police or F88a director of social services of a local authorityF88a director of children’s services of a local authority in England or a director of social services of a local authority in Wales that the conditions set out in subsection (2) are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.
2
The conditions are that—
a
a disqualification order made in respect of the individual is no longer in force, and
b
the individual has acted in such a way (whether before or after the order ceased to be in force) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.
3
An application under this section may be made at any time after the disqualification order ceased to be in force.
4
If the High Court is satisfied that the conditions set out in subsection (2) are satisfied, it must order that the disqualification order is to be restored; otherwise it must dismiss the application.
5
Where an order is made under this section, section 33 has effect with the following modifications—
a
in subsection (3), the reference to the individual being under the age of 18 when he committed the offence against a child is to be read as a reference to his being under that age when the order under this section was made,
b
in subsections (3)(a) and (4)(a), references to the relevant date are to be read as references to the date on which the order under this section was made,
c
in subsection (5)(a), the reference to the individual’s circumstances changing since the disqualification order was made is to be read as a reference to his circumstances changing since the order under this section was made.
6
For the purposes of this section a disqualification order is no longer in force if a direction under section 32(3) has been given in respect of it and it is not restored by virtue of an order under this section.
Effect of disqualification from working with children
C835 Persons disqualified from working with children: offences.
F1621
An individual who is disqualified from working with children is guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a regulated position.
2
An individual is guilty of an offence if he knowingly—
a
offers work in a regulated position to, or procures work in a regulated position for, an individual who is disqualified from working with children, or
b
fails to remove such an individual from such work.
3
It is a defence for an individual charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was disqualified from working with children.
4
An individual is disqualified from working with children for the purposes of this Part if—
a
he is included (otherwise than provisionally) in the list kept under section 1 of the M12Protection of Children Act 1999 (individuals considered unsuitable to work with children),
F3b
he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c. given on the grounds that he is unsuitable to work with children,
c
he is included, on the grounds that he is unsuitable to work with children, in any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M13Education Act 1996, or
d
he is subject to a disqualification order.
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
An individual who is guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
36 Meaning of “regulated position”.
F1621
The regulated positions for the purposes of this Part are—
a
a position whose normal duties include work in an establishment mentioned in subsection (2),
b
a position whose normal duties include work on day care premises,
c
a position whose normal duties include caring for, training, supervising or being in sole charge of children,
d
a position whose normal duties involve unsupervised contact with children under arrangements made by a responsible person,
e
a position whose normal duties include caring for children under the age of 16 in the course of the children’s employment,
f
a position a substantial part of whose normal duties includes supervising or training children under the age of 16 in the course of the children’s employment,
g
a position mentioned in subsection (6),
h
a position whose normal duties include supervising or managing an individual in his work in a regulated position.
2
The establishments referred to in subsection (1)(a) are—
a
an institution which is exclusively or mainly for the detention of children,
b
a hospital which is exclusively or mainly for the reception and treatment of children,
c
a care home, residential care home, nursing home or private hospital which is exclusively or mainly for children,
d
an educational institution,
e
a children’s home or voluntary home,
f
a home provided under section 82(5) of the M14Children Act 1989.
3
For the purposes of this section, work done on any premises is treated as not being done on day care premises to the extent that—
a
it is done in a part of the premises in which children are not looked after, or
b
it is done at times when children are not looked after there.
4
The duties referred to in subsection (1)(c) and (d) do not include (respectively)—
a
caring for, training, supervising or being in sole charge of children in the course of the children’s employment, or
b
duties involving contact with children in the course of the children’s employment.
5
The reference in subsection (1)(d) to unsupervised contact is to contact in the absence of any responsible person or carer; and in this subsection, “carer” means a person who holds a position such as is mentioned in subsection (1)(c).
6
The positions mentioned in subsection (1)(g) are—
a
member of the governing body of an educational institution,
b
member of a relevant local government body,
F89ba
director of children’s services and director of adult social services of a local authority in England,
c
director of social services of a local authority F90in Wales,
e
charity trustee of a children’s charity,
f
member of the Youth Justice Board for England and Wales,
F39fa
Children’s Commissioner and deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004,
g
Children’s Commissioner for Wales or deputy Children’s Commissioner for Wales,
h
member, or chief executive, of the Children and Family Court Advisory and Support Service.
7
For the purposes of subsection (6), a person is a member of a relevant local government body if—
a
he is a member of, or of an executive of, a local authority and discharges any education functions, or social services functions, of a local authority,
b
he is a member of an executive of a local authority which discharges any such functions,
c
he is a member of—
i
a committee of an executive of a local authority, or
ii
an area committee, or any other committee, of a local authority,
which discharges any such functions.
8
In its application to Northern Ireland, subsection (6) is to be read as mentioning also the following positions—
a
member, or director of social services, of a Health and Social Services Board established under Article 16 of the M15Health and Personal Social Services (Northern Ireland) Order 1972,
b
member, or executive director of social work, of a Health and Social Services trust established under Article 10 of the M16Health and Personal Social Services (Northern Ireland) Order 1991,
c
member, or chief education officer, of an education and library board established under Article 3 of the M17Education and Libraries (Northern Ireland) Order 1986.
F5d
Commissioner for Children and Young People for Northern Ireland appointed under the Commissioner for Children and Young People (Northern Ireland) Order 2003.
9
Any reference in subsection (7) to a committee includes a reference to any sub-committee which discharges any functions of that committee.
10
For the purposes of subsection (1)(h), the holder of a position—
a
only supervises an individual if he supervises the day-to-day performance of the individual’s duties, and
b
only manages an individual if the individual is directly responsible to him for the performance of his duties or he has authority to dismiss the individual.
11
For the purposes of this section, a charity is a children’s charity if the individuals who are workers for the charity normally include individuals working in regulated positions.
12
For the purposes of this section, an individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this subsection do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.
13
For the purposes of this section, the following are responsible persons in relation to a child—
a
the child’s parent or guardian and any adult with whom the child lives,
b
the person in charge of any establishment mentioned in subsection (2) in which the child is accommodated, is a patient or receives education, and any person acting on behalf of such a person,
F85c
in relation to England—
i
a person registered under Part 3 of the Childcare Act 2006, otherwise than as a childminder, for providing care on premises on which the child is cared for,
ii
a person registered under Part 3 of that Act as a childminder who is providing early years or later years childminding (within the meaning of that Part of that Act) for the child,
ca
in relation to Wales, a person registered under Part 10A of the Children Act 1989 for providing day care on premises on which the child is cared for, and
d
any person holding a position mentioned in subsection (6).
14
In this section—
“area committee” has the same meaning as in section 18 of theM18Local Government Act 2000,“detention” means detention by virtue of an order of a court or under an enactment,F179“education functions” in relation to a local authority has the meaning given by section 579(1) of the Education Act 1996,“executive”, in relation to a local authority, has the same meaning as in Part II of the Local Government Act 2000,“social services functions”, in relation to a local authority, has the same meaning as in theM19Local Authority Social Services Act 1970.
15
For the purpose of amending the definition of “regulated position”, the Secretary of State may by order make any amendment of this section (apart from this subsection) which he thinks appropriate.
37 Disqualification in Scotland or Northern Ireland.
F1621
The Secretary of State may by order provide that section 35 shall apply in relation to an individual falling within subsection (2) as it applies in relation to an individual who is disqualified from working with children.
2
An individual falls within this subsection if, under the law of Scotland or Northern Ireland, he is subject to a prohibition or disqualification which, in the opinion of the Secretary of State, corresponds to disqualification (by any of the means mentioned in section 35(4)) from working with children.
38 Rehabilitation of offenders.
F1921
Where a disqualification order is made in respect of an individual’s conviction of an offence, the rehabilitation period which, in accordance with section 6 of the M20Rehabilitation of Offenders Act 1974, is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.
2
In this section, “conviction” has the same meaning as in that Act.
Indecent conduct towards children
F2939 Extension of offence: conduct towards 14 and 15 year olds.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Extension of corresponding Northern Ireland offence: conduct towards 14 to 16 year olds.
F1021
The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
2
At the end of section 22 (indecent conduct towards child) there is inserted—
2
In this section, “child” means a person under the age of seventeen.
3
In section 180(1) (interpretation), in the definition of “child”—
a
after “ “child”” there is inserted “
, except when used in section 22,
”, and
b
at the end there is inserted “
and, when used in section 22, has the meaning assigned to it by that section
”.
Indecent photographs of children: increase of maximum penalties
41 Indecent photographs of children: increase of maximum penalties.
1
In section 6(2) of the M21Protection of Children Act 1978 (punishments), for “three” there is substituted “
ten
”
.
2
In Article 3(4)(a) of the M22Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for “three” there is substituted “
ten
”
.
3
In section 160 of the M23Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)—
a
after subsection (2) there is inserted—
2A
A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.
b
for the sidenote there is substituted “
Possession of indecent photograph of child
”
.
4
In Article 15 of the M24Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)—
a
after paragraph (2) there is inserted—
2A
A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.
b
for the heading there is substituted “
Possession of indecent photograph of child
”
.
General
42 Interpretation of Part II.
1
In this Part—
F131...
“care home” has the same meaning as in the M25Care Standards Act 2000,
F183"charity trustee” has the same meaning as in the Charities Act 2011,
“child” means a person under the age of 18,
“children’s home” has—
- a
in relation to England and Wales, the same meaning as in the Care Standards Act 2000,
- b
in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the M26Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,
- a
“Class A drug” has the same meaning as in the M27Misuse of Drugs Act 1971,
F86“day care premises” means—
- a
in relation to England, premises in respect of which a person is registered, otherwise than as a childminder, under Part 3 of the Childcare Act 2006,
- b
in relation to Wales, premises in respect of which a person is registered under Part 10A of the Children Act 1989 for providing day care,
- a
F163“disqualification order” has the meaning given by section 30,“educational institution” means an institution which is exclusively or mainly for the provision of full-time education to children,
“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,
“hospital” has—
- a
in relation to England and Wales, the meaning given by section 128(1) of F80the National Health Service Act 2006 or the National Health Service (Wales) Act 2006,
- b
in relation to Northern Ireland, the meaning given by Article 2(2) of the M28Health and Personal Social Services (Northern Ireland) Order 1972,
- a
“local authority” has the same meaning as in the M29Education Act 1996,
“nursing home” has the meaning given by Article 16 of the M30Registered Homes (Northern Ireland) Order 1992,
“private hospital” has the meaning given by Article 90(2) of the M31Mental Health (Northern Ireland) Order 1986,
“residential care home” has the meaning given by Article 3 of the M32Registered Homes (Northern Ireland) Order 1992,
“the Tribunal” means the F99First-tier Tribunal,
“voluntary home” has the meaning given by Article 74(1) of the M33Children (Northern Ireland) Order 1995,
“work” includes—
- a
work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and
- b
an office established by or by virtue of an enactment,
- a
and “working” is to be read accordingly.
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Dealing with offenders
Chapter I Community sentences
Renaming certain community orders
43 Probation orders renamed community rehabilitation orders.
1
An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
2
References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
3
Accordingly—
a
in subsection (2) of that section, for “ “probation order”” there is substituted “
“community rehabilitation order”
”
, but
b
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
4
References in any enactment, instrument or document to a probation order—
a
are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
b
include (where the context allows) an order under that subsection.
5
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—
“community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000
44 Community service orders renamed community punishment orders.
1
An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
2
References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
3
Accordingly—
a
in subsection (2) of that section, for “ “community service order”” there is substituted “
“community punishment order”
”
, but
b
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
4
References in any enactment, instrument or document to a community service order—
a
are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
b
include (where the context allows) an order under that subsection.
5
In section 163 of the M34Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”—
a
for “service” there is substituted “
punishment
”
,
b
for the words from “means” to the first mention of “above” there is substituted “
has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000
”
,
and that definition is moved to follow the definition of “community order”.
45 Combination orders renamed community punishment and rehabilitation orders.
1
An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
2
References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
3
Accordingly—
a
in subsection (2) of that section, for “ “combination order”” there is substituted “
“community punishment and rehabilitation order”
”
, but
b
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
4
References in any enactment, instrument or document to a combination order—
a
are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
b
include (where the context allows) an order under that subsection.
5
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted—
“community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000
New community orders
F14346 Exclusion orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62I147 Drug abstinence orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F62I248 Pre-sentence drug testing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62I349 Community sentences: drug abstinence requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6250I4 Community sentences: curfew requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6251 Community sentences: exclusion requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5I3052 Community sentences: electronic monitoring of requirements.
After section 36A of the M35Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
36B Electronic monitoring of requirements in community orders.
1
Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.
2
A court shall not include in a community order a requirement under subsection (1) above unless the court—
a
has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and
b
is satisfied that the necessary provision can be made under those arrangements.
3
Where—
a
it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but
b
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
4
Where—
a
it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender’s compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2 to this Act; but
b
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
5
An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
6
The Secretary of State may make rules for regulating—
a
the electronic monitoring of compliance with requirements included in a community order; and
b
without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.
7
In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.
In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.
8
In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—
a
where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;
b
where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;
c
where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.
9
In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.
10
In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.
F6353 Breach of community orders: warning and punishment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6354 Breach of community orders: failure to answer summons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6355 Regulation of community orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter II Miscellaneous
Young offenders: reprimands and warnings
56 Reprimands and warnings.
1
In section 65 of the M36Crime and Disorder Act 1998 (reprimands and warnings)—
a
for subsection (5)(a) there is substituted—
a
where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and
b
in subsection (6), after paragraph (a) there is inserted—
aa
the places where reprimands and warnings may be given
2
In section 34 of the M37Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—
b
that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the M38Crime and Disorder Act 1998
Police powers: drugs
I6I29I36I3757 Testing persons in police detention.
1
The M39Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
2
After section 63A there is inserted—
63B Testing for presence of Class A drugs.
1
A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.
2
The first condition is—
a
that the person concerned has been charged with a trigger offence; or
b
that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.
3
The second condition is that the person concerned has attained the age of 18.
4
The third condition is that a police officer has requested the person concerned to give the sample.
5
Before requesting the person concerned to give a sample, an officer must—
a
warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
b
in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
6
A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
7
Information obtained from a sample taken under this section may be disclosed—
a
for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the M40Bail Act 1976) to the person concerned;
b
where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
c
where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
d
for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
8
A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
63C Testing for presence of Class A drugs: supplementary.
1
A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
2
A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
3
If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
4
If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
5
Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
6
In section 63B above—
“Class A drug” and “misuse” have the same meanings as in the M41Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.
3
In section 38 (duties of custody officer after charge)—
a
in subsection (1)(a), after sub-paragraph (iii) there is inserted—
iiia
in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below
b
at the end of subsection (2) there is inserted “
but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence
”
.
4
At the end of section 66 (codes of practice) there is inserted—
2
Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.
F715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bail
I758 Right to bail: relevance of drug misuse.
In section 4 of the M42Bail Act 1976 (general right to bail), after subsection (8) there is inserted—
9
In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the M43Misuse of Drugs Act 1971).
Detention
59 Remand centres.
In section 43(1) of the M44Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
E960 Life sentences: tariffs.
1
After section 82 of the M45Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
Life sentences
82A Determination of tariffs.
1
This section applies if a court passes a life sentence in circumstances where—
a
the sentence is not fixed by law; or
b
the offender was aged under 18 when he committed the offence.
2
The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M46Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.
3
The part of his sentence shall be such as the court considers appropriate taking into account—
a
the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;
b
the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and
c
the early release provisions as compared with sections 33(2) and 35(1) of the M47Criminal Justice Act 1991.
4
If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender.
5
If, in a case where an order under subsection (4) above is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.
6
The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.
7
In this section—
“court” includes a court-martial;
“life sentence” has the same meaning as in Chapter II of Part II of the M48Crime (Sentences) Act 1997.
8
So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply.
2
In section 90 of the M49Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure), after “murder” there is inserted “
or any other offence the sentence for which is fixed by law as life imprisonment
”
; and, in the sidenote, after “murder” there is inserted “
etc.
”
.
3
This section has effect in relation to sentences passed after the coming into force of this section.
4
In relation to any time before the coming into force of section 87 of the M50Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for “of any direction which it would have given under section 87 below (crediting periods of remand in custody)” there were substituted “
which section 67 of the M51Criminal M52 Justice Act 1967 would have had
”
.
E1061 Abolition of sentences of detention in a young offender institution, custody for life, etc.
1
No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
2
No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
3
A person who—
a
has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
b
is aged at least 18 but under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
4
A person—
a
who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
b
who is aged under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
5
A person who has been sentenced to imprisonment and is aged under 21 may be detained—
a
in a prison, or
b
in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
determined by the Secretary of State.
6
A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
F1917
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section—
“court” includes a court-martial and a Standing Civilian Court,
“custodial order” means an order under—
9
On the coming into force of this section—
a
paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
b
paragraph (b) of the definition of “relevant sentence” in section 69(7),
are omitted.
Release of prisoners on licence etc.
62 Release on licence etc: conditions as to monitoring.
1
This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
a
the Secretary of State is required to, or may, release the person from prison, and
b
the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
2
The conditions may include—
a
conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
b
conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
F463
In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).
4
The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
5
In this section, “sentence of imprisonment” includes—
a
a detention and training order,
b
a sentence of detention in a young offender institution,
c
a sentence of detention under section 90 of the M56Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
d
a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
f
a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003 F133(including one passed as a result of section 221 or 222 of the Armed Forces Act 2006)
F134g
a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
h
an order under section 211 of that Act,
and “prison” shall be construed accordingly.
F4863 Supervision of young offenders after release.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I864 Release on licence etc: drug testing requirements.
1
This section applies where—
a
the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed for a trigger offence, and
b
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed).
2
For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.
3
The requirement is that the person must provide, when instructed to do so by an officer of a local probation board F95, an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
4
The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
5
In this section, “sentence of imprisonment” includes—
a
a detention and training order,
b
a sentence of detention in a young offender institution,
c
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
d
a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
e
a sentence of custody for life under section 93 or 94 of that Act,
F135g
a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
h
an order under section 211 of that Act,
and “prison” shall be construed accordingly.
65 Short-term prisoners: release subject to curfew conditions.
Sexual or violent offenders
F3066 Amendments of the Sex Offenders Act 1997.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1667 Arrangements for assessing etc. risks posed by certain offenders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1768 Section 67: interpretation.
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F6869 Duties of local probation boards in connection with victims of certain offences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter III Supplementary
I970 Interpretation, etc.
1
In this Part—
“Class A drug” has the same meaning as in the M59Misuse of Drugs Act 1971,
“specified”, in relation to a Class A drug, means specified by an order made by the Secretary of State,
“trigger offence” has the meaning given by Schedule 6.
2
The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.
3
In this Part (except in section 69), references to release include temporary release.
4
In section 163 of the M60Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate places there are inserted—
“specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000
“trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000
F1445
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Part IV General and supplementary
Chapter I General
I1071 Access to driver licensing records.
1
2
In respect of any information made available to the F84National Policing Improvement Agency under subsection (1), the Secretary of State may by regulations—
a
determine the purposes for which constables F75and members of the staff of the Serious Organised Crime Agency may be given access to the information,
b
determine the circumstances in which any of the information to which they have been given access may be further disclosed by them.
3
Before making any regulations applying in respect of constables in police forces in Scotland, the Secretary of State must, to the extent to which the regulations will so apply, consult the Scottish Ministers.
4
In this section F70—
“constables” includes —
F182a
persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London),
aa
persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force),
b
persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,
c
police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and
d
persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force,
“information” means information held in any form.
F1005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 Failure to secure regular attendance at school.
1
In section 444 of the M62Education Act 1996 (failure to secure regular attendance at school)—
a
after subsection (1) there is inserted—
1A
If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.
b
in subsection (8), for “this section” there is substituted “
subsection (1)
”
,
c
after that subsection there is inserted—
8A
A person guilty of an offence under subsection (1A) is liable on summary conviction—
a
to a fine not exceeding level 4 on the standard scale, or
b
to imprisonment for a term not exceeding three months,
or both.
8B
If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.
2
This section does not apply to an offence committed before the section comes into force.
73 Parenting orders: responsible officer.
I11I3174 Amendments.
Schedule 7 (which makes minor and consequential amendments) is to have effect.
75 Repeals.
The enactments specified in Schedule 8 are repealed to the extent specified.
Chapter II Supplementary
76 Subordinate legislation.
1
This section applies to any power conferred by this Act on F76... the Secretary of State to make regulations, rules or an order.
2
The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.
3
The power may be exercised so as to make different provision for different purposes or different areas.
4
The power includes power to make—
a
any supplementary, incidental or consequential provision, and
b
any transitory, transitional or saving provision,
which the Minister exercising the power considers necessary or expedient.
5
An order—
a
making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2), or
b
making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,
may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.
6
Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
Subsection (6) does not apply to a statutory instrument containing an order—
a
revoking an order made by virtue of section 10, or
b
made by virtue only of section 80.
77 Supplementary and consequential provision, etc.
1
F77... the Secretary of State may by order make—
a
any supplementary, incidental or consequential provision,
b
any transitory, transitional or saving provision,
which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
2
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
78 General interpretation.
1
2
In this Act, “enactment” means an enactment whenever passed or made; but in this Part it means—
a
an Act passed before, or in the same Session as, this Act, and
b
subordinate legislation made before the passing of this Act.
79 Expenses.
There shall be paid out of money provided by Parliament—
a
any expenditure incurred by a Minister of the Crown by virtue of this Act,
b
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
P180 Commencement.
1
This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.
2
Different days may be appointed under this section for different purposes and different areas.
3
Subsection (1) does not apply to—
a
sections 19 to 22,
b
section 60,
c
this Chapter,
d
in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),
e
the repeals mentioned in the note to Schedule 8.
81 Extent.
1
Subject to the following provisions, this Act extends to England and Wales only.
2
Subsection (1) does not apply to—
a
sections 26 to 33, so far as they relate to the making of orders by, or orders made by, F136the Court Martial or the Court Martial Appeal Court,
b
section 60, and paragraphs 135 to 138, 142 and 144 to 148 of Schedule 7, so far as they relate to sentences passed by a court-martial,
c
section 61 so far as it relates to sentences passed by a court-martial or a Standing Civilian Court,
d
section 66 and Schedule 5,
e
section 71,
f
this Chapter,
g
paragraphs 17 and 19 of Schedule 2,
F137h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
paragraph 159 of Schedule 7.
3
Sections 35, 36 and 41 extend to England and Wales and Northern Ireland.
4
Section 40 extends to Northern Ireland only.
5
The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
6
For the purposes of the M66Scotland Act 1998, any provision of section 66 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.
82 Short title.
This Act may be cited as the Criminal Justice and Court Services Act 2000.
SCHEDULES
F176SCHEDULE 1 Local probation boards
Sch. 1 repealed (1.4.2008 for specified purposes, 1.4.2009 for specified purposes, 1.4.2010 in so far as not already in force) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 5 Pt. 1; S.I. 2008/504, art. 4(1)(m)(viii)(2); S.I. 2009/547, art. 2(1)(m)(viii)(2); S.I. 2010/191, art. 2(13)(i)
...
F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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F176
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C9F82SCHEDULE 1AFurther provision about the inspectorate
Sch. 1A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 31(2), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)
Sch. 1A modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(10)
Delegation of functions
1
1
A member of the inspectorate may delegate any of his functions (to such extent as he may determine) to another public authority.
2
If a member of the inspectorate delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 7 and this Schedule as carried out by that member.
3
In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.
Inspection programmes and inspection frameworks
2
1
The chief inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare—
a
a document setting out what inspections he proposes to carry out (an “inspection programme”);
b
a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).
2
Before preparing an inspection programme or an inspection framework the chief inspector shall consult the Secretary of State and (subject to sub-paragraph (3))—
a
Her Majesty's Chief Inspector of Prisons,
b
Her Majesty's Chief Inspector of Constabulary,
c
Her Majesty's Chief Inspector of the Crown Prosecution Service,
F186d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
Her Majesty's Chief Inspector of Education, Children's Services and Skills,
F104f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105g
the Care Quality Commission,
h
the Audit Commission for Local Government and the National Health Service in England F96...,
i
the Auditor General for Wales, and
j
any other person or body specified by an order made by the Secretary of State,
and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.
3
The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.
4
The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.
5
Nothing in any inspection programme or inspection framework is to be read as preventing the inspectorate from making visits without notice.
Inspections by other inspectors of organisations within inspectorate's remit
3
1
If—
a
a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and
b
the chief inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,
the chief inspector shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.
2
The persons or bodies within this sub-paragraph are—
a
Her Majesty's Chief Inspector of Prisons;
b
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
F108c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109d
the Care Quality Commission;
e
the Audit Commission for Local Government and the National Health Service in England F97....
3
The Secretary of State may by order amend sub-paragraph (2).
4
In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.
5
A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectorate under section 7.
6
A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.
In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.
7
The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
8
Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.
This is subject to sub-paragraph (9).
9
The Secretary of State, if satisfied that the proposed inspection—
a
would not impose an unreasonable burden on the organisation in question, or
b
would not do so if carried out in a particular manner,
may give consent to the inspection being carried out, or being carried out in that manner.
10
The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
a
provision about the form of notices;
b
provision prescribing the period within which notices are to be given;
c
provision prescribing circumstances in which notices are, or are not, to be made public;
d
provision for revising or withdrawing notices;
e
provision for setting aside notices not validly given.
Co-operation
4
The inspectorate shall co-operate with—
a
Her Majesty's Chief Inspector of Prisons,
b
Her Majesty's Inspectors of Constabulary,
c
Her Majesty's Inspectorate of the Crown Prosecution Service,
F187d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
Her Majesty's Chief Inspector of Education, Children's Services and Skills,
F106f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107g
the Care Quality Commission,
h
the Audit Commission for Local Government and the National Health Service in England F98...,
i
the Auditor General for Wales, and
j
any other public authority specified by an order made by the Secretary of State,
where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectorate.
Joint action
5
1
The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate's functions.
2
The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—
a
what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and
b
what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.
3
The chief inspectors within this sub-paragraph are—
a
Her Majesty's Chief Inspector of Prisons;
b
Her Majesty's Chief Inspector of Constabulary;
c
Her Majesty's Chief Inspector of the Crown Prosecution Service;
F188d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.
5
Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.
6
The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.
Assistance for other public authorities
6
1
The chief inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.
2
Assistance under this paragraph may be provided on such terms (including terms as to payment) as the chief inspector thinks fit.
F185Joint inspection of courts
Sch. 1A para. 7 and cross-heading inserted (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 11(d) (with art. 2)
7
1
The inspectorate may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.
2
Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.
3
The power of the inspectorate under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.
C5SCHEDULE 2 Children and Family Court Advisory and Support Service
Sch. 2: transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 1(2), 3, 4
Constitution
1
2
1
Regulations may provide—
a
for the appointment of the chairman and other members and for the co-option by the Service for particular purposes of additional members (including the number, or limits on the number, of persons who may be appointed or co-opted and any conditions to be fulfilled for appointment or co-option),
b
for the tenure of office of the chairman and other members and any co-opted members (including the circumstances in which they cease to hold office or may be removed or suspended from office).
2
References below in this Schedule to members of the Service do not include co-opted members.
Remuneration etc. of members
3
1
The Service may pay, or make provision for paying, to or in respect of any person who is or has been the chairman or another member—
a
any remuneration, fees or expenses,
b
any pension, allowance or gratuity,
determined by the F9Secretary of State.
2
The Service may, to any extent determined by the F9Secretary of State, reimburse any co-opted members for any expenses or loss of earnings.
3
Where a person ceases to be chairman or another member of the Service otherwise than on the expiry of his term of office and it appears to the F9Secretary of State that there are circumstances which make it right for that person to receive compensation, the Service may pay that person an amount determined by the F9Secretary of State.
Procedure
4
Regulations may provide for—
a
the establishment and functions of committees (including committees which include persons who are not the chairman or another member of the Service),
b
the procedure of the Service and of any of its committees (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
Staff and other officers
5
1
The Service may appoint—
a
staff to perform the functions of officers of the Service, and
b
other staff.
2
Regulations may make provision as to the qualifications, experience or training to be required of officers of the Service (whether or not appointed under sub-paragraph (1)(a)).
3
One of the staff appointed under sub-paragraph (1)(b) is to be the chief executive.
4
The Service must not appoint a person—
a
as chief executive, or
b
as a member of the staff of a description specified in a direction given by the F9Secretary of State,
without the approval of the F9Secretary of State.
6
1
Staff of the Service are to be appointed on terms and conditions determined by the Service as to—
a
any remuneration, fees or expenses,
b
any pension, allowance or gratuity.
2
It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service.
3
But a determination under this paragraph requires the approval of the F9Secretary of State.
Delegation
7
The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.
Payments to the Service
8
1
The F9Secretary of State may, at any time, pay to the Service any amount he considers appropriate.
2
If he considers it appropriate, he may make any payment on conditions.
Supervision
9
1
Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the F9Secretary of State.
2
In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards.
3
The Service must provide the F9Secretary of State with any information relating to the performance of its functions which he may from time to time require.
Ancillary powers
10
1
Subject to any directions given by the F9Secretary of State, the Service may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.
2
That includes, in particular—
a
holding land and other property,
b
entering into contracts,
c
investing sums not immediately required for the purpose of performing its functions,
d
accepting gifts.
3
But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the F9Secretary of State.
Directions
11
1
Different directions may be given under this Schedule for different purposes.
2
Directions under this Schedule may be either general or special.
Reports and accounts
12
1
The Service must make a report to the F9Secretary of State in respect of each financial year on the performance of its functions.
2
The F9Secretary of State may give directions as to—
a
the information to be given in the report and the form in which it is to be given, and
b
the time by which the report is to be given.
3
The F9Secretary of State must—
a
lay a copy of the report before each House of Parliament,
b
arrange for the report to be published in a manner he considers appropriate.
13
1
The Service must—
a
keep proper accounts and proper records in relation to the accounts,
b
prepare in respect of each financial year of the Service a statement of accounts, and
c
send copies of the statement to the F9Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
2
The statement of accounts must comply with any directions given by the F9Secretary of State as to—
a
the information to be contained in it,
b
the manner in which the information contained in it is to be presented,
c
the methods and principles according to which the statement is to be prepared,
and must contain any additional information the F9Secretary of State may require to be provided for the information of Parliament.
3
The Service must, in accordance with directions given by the F9Secretary of State—
a
appoint an auditor who is not a member of the Service’s staff, and
b
ensure that the auditor makes a report to the F9Secretary of State about the preparation of the accounts and about the statement of accounts.
4
The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.
14
“Financial year”, in this Schedule, means—
a
the period beginning with the date on which the Service is established and ending with the next following 31st March, and
b
each successive period of twelve months.
Complaints
15
The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.
Status
16
The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
General
17
In Schedule 2 to the M67Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place there is inserted—
Children and Family Court Advisory and Support Service.
18
1
Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the M68Superannuation Act 1972 can apply.
2
The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
19
In Part II of Schedule 1 to the M69House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place there is inserted—
The Children and Family Court Advisory and Support Service
I12C6SCHEDULE 3 Transfer of property
Sch. 3: s. 19 (which induces Sch. 3) wholly in force at Royal Assent; Sch. 3 expressed to be bought into force at 1.4.2001 by S.I. 2001/919, art. 2(e)
Sch. 3: transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 1(2), 3, 4
1
A scheme may, in particular—
a
provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,
b
provide for any property, liabilities or conditions to be determined under the scheme.
2
1
A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.
2
A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.
3
In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
3
1
Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.
2
Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.
3
A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.
4
Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
5
A certificate issued by the F15Secretary of State that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
F164SCHEDULE 4 Meaning of “offence against a child”
Sch. 4 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes, 17.6.2013 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5; S.I. 2012/2231, art. 4 (see S.I. 2013/1180, art. 2(b))
E11F1641
The offences mentioned in paragraph (a) of subsection (1) of section 26 are—
a
an offence under section 1 of the M70Children and Young Persons Act 1933 (cruelty to children),
b
an offence under section 1 of the M71Infanticide Act 1938 (infanticide),
F31c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
an offence under section 1 of the M72Protection of Children Act 1978 (indecent photographs of children),
k
an offence under section 1 of the M73Child Abduction Act 1984 (abduction of child by parent),
l
an offence under section 160 of the M74Criminal Justice Act 1988 (possession of indecent photograph of child),
F32m
an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children).
E122
The offences mentioned in paragraph (b) of that subsection are—
a
murder,
b
manslaughter,
c
kidnapping,
d
false imprisonment,
e
an offence under section 18 or 20 of the Offences against the M75Person Act 1861 (wounding and causing grievous bodily harm),
f
an offence under section 47 of that Act (assault occasioning actual bodily harm),
F33g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6F34n
an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003.
F40o
an offence under section 4 of the Asylum and Immigration (Treatment of Claimants,
etc.
) Act 2004 (trafficking people for exploitation).
E133
A person falls within this paragraph if—
a
he commits an offence under section 16 of the Offences against the M76Person Act 1861 (threats to kill) by making a threat to kill a child,
F35b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35n
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35p
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35r
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s
he commits an offence under section 4(3) of the M77Misuse of Drugs Act 1971 by—
i
supplying or offering to supply a Class A drug to a child,
ii
being concerned in the supplying of such a drug to a child, or
iii
being concerned in the making to a child of an offer to supply such a drug,
F36sa
he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.
F41sb
t
he commits an offence of—
C10i
aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or
ii
conspiring or attempting to commit such an offence.
F21SCHEDULE 5 Amendments of the Sex Offenders Act 1997
Sch. 5 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 44(6), Sch. 7; S.I. 2004/874, art. 2
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I15SCHEDULE 6 Trigger offences
Sch. 6 wholly in force at 2.7.2001; Sch. 6 not in force at Royal Assent see s. 80; Sch. 6 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(l)
I131
Offences under the following provisions of the M78Theft Act 1968 are trigger offences:
I142
Offences under the following provisions of the M79Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug:
section 4 (restriction on production and supply of controlled drugs)
section 5(2) (possession of controlled drug)
section 5(3) (possession of controlled drug with intent to supply)
F793
Offences under the following provisions of the Fraud Act 2006 are trigger offences—
section 1 (fraud)
section 6 (possession etc. of articles for use in frauds)
section 7 (making or supplying articles for use in frauds).
F87F373A
An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under—
a
any of the following provisions of the Theft Act 1968:
section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 22 (handling stolen goods), or
b
section 1 of the Fraud Act 2006 (fraud).
4
Offences under the following provisions of the Vagrancy Act 1824 are trigger offences:
section 3 (begging)
section 4 (persistent begging).
SCHEDULE 7 Minor and consequential amendments
Part I New names
Community rehabilitation orders
F641
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community punishment orders
F642
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community punishment and rehabilitation orders
F643
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers of local probation boards
4
1
In the following enactments—
a
for “a probation officer” there is substituted “
an officer of a local probation board
”
,
b
for “the probation officer” there is substituted “
the officer of a local probation board
”
.
2
The enactments are—
In the M80Children and Young Persons Act 1969—
section 23(4) (as it has effect pursuant to section 98(3) of the M81Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)),
in section 34, subsections (2) and (3).
In the M82Criminal Procedure (Insanity and Unfitness to Plead) Act 1991—
in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3).
In the M83Criminal Justice Act 1991—
section 37(4A)(a),
section 43(5),
in section 65, subsections (1)(a) and (1A) (in both places),
in Schedule 3, paragraph 11(5)(b).
In the M84Prisoners and Criminal Proceedings (Scotland) Act 1993—
sections 12(2)(a) and 15(4).
In the M85Criminal Procedure (Scotland) Act 1995—
F181section 209(3)(a).
In the M86Crime (Sentences) Act 1997—
section 31(2A)(a).
In the Crime and Disorder Act 1998—
sections 8(8)(a), 18(3) (in both places) and 39(5)(a).
In the M87Powers of Criminal Courts (Sentencing) Act 2000—
in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b),
in section 46, subsections (5)(a) and (b) and (11)(a) and (b),
in section 54, subsections (2) and (3),
in section 57, subsections (1) to (4),
F145...
F145...
section 73(5),
in section 74, subsections (5)(a) and (6),
in section 103, subsections (3)(a) and (4) (in both places),
in section 122, subsections (2) and (5),
sections 157(1)(a) and 162(2)(a) and (b),
in Schedule 2—
paragraph 2(2)(a)(i) and (ii),
paragraph 3(2)(a) and (b).
Part II General
Children and Young Persons Act 1933 (c. 12)
5
In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “
18
”
.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
6
In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted—
6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000
The local probation board or, as the case may be, the local probation boards acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
The Secretary of State.
Prison Act 1952 (c. 52)
7
The Prison Act 1952 is amended as follows.
8
In section 13(2) (legal custody of prisoner), for “section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
section 99 of the M88Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000
”
.
9
In section 37(4) (closing of prisons), “remand centre” is omitted.
10
In section 43 (remand centres, detention centres and youth custody centres)—
a
in subsection (2)—
i
in paragraph (a), for “21” there is substituted “
18
”
and “a remand centre or” is omitted,
ii
paragraphs (b) and (c) are omitted,
b
subsection (3) is omitted,
c
in subsection (4), “remand centres” is omitted,
d
subsection (7) is omitted.
11
In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)—
a
in subsection (1) and the sidenote, “remand centres” is omitted,
b
in subsection (5), “remand centre” is omitted.
Army Act 1955 (c. 18)
12
The Army Act 1955 is amended as follows.
13
In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “
eighteen
”
.
14
In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—
bc
order that the convicted person be disqualified from working with children
I1615
1
In section 71A (juveniles)—
a
in subsections (1), (1D) and (1E)(i), for “21” there is substituted “
18
”
,
b
subsections (1A) to (1C) are omitted,
c
in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
d
in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
e
in subsection (3), after “murder” there is inserted “
or any other offence the sentence for which is fixed by law as life imprisonment
”
,
f
in subsection (4), for “an adult” (in both places) there is substituted “
a person who has attained 18 years of age
”
,
g
in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
2
Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
16
In section 71AA (young service offenders: custodial orders)—
a
in subsection (1)—
i
for “twenty-one” (in both places) there is substituted “
eighteen
”
,
ii
for paragraph (a) there is substituted—
a
shall be not less than the period of two months; and
b
in subsection (1AA), “aged 17” is omitted,
c
in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “
such secure accommodation (within the meaning of section 107 of the M89Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose
”
,
d
in subsection (6A), for “detention in a young offender institution” there is substituted “
imprisonment
”
.
17
In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
I1718
1
Schedule 5A (powers of court on trial of civilian) is amended as follows.
2
In paragraph 10—
a
in sub-paragraph (1)—
i
for “under 21” there is substituted “
under 18
”
and for “age of 21” there is substituted “
age of 18
”
,
ii
for paragraph (a) there is substituted—
a
shall not be less than the period of two months;
b
in sub-paragraph (1A), “under 18 years of age” is omitted,
c
in sub-paragraph (1AA)(a), for “21” there is substituted “
18
”
,
d
in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “
such secure accommodation (within the meaning of section 107 of the M90Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose
”
,
e
in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “
imprisonment
”
.
3
In paragraph 15—
a
in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “
18
”
,
b
in the table—
i
in the heading to the first column, for “21” there is substituted “
18
”
,
ii
for the heading to the second column there is substituted “
Offender aged 17 but under 18
”
,
iii
in the second column, “Custody for life” is omitted,
c
in the note following the table—
i
in sub-paragraph (a), after “murder” there is inserted “
or any other offence the sentence for which is fixed by law as life imprisonment
”
,
ii
in sub-paragraph (i), for “custody for life” there is substituted “
a custodial order
”
.
4
Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
Air Force Act 1955 (c. 19)
19
The Air Force Act 1955 is amended as follows.
20
In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “
eighteen
”
.
21
In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—
bc
order that the convicted person be disqualified from working with children
I1822
1
In section 71A (juveniles)—
a
in subsections (1), (1D) and (1E)(i), for “21” there is substituted “
18
”
,
b
subsections (1A) to (1C) are omitted,
c
in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
d
in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
e
in subsection (3), after “murder” there is inserted “
or any other offence the sentence for which is fixed by law as life imprisonment
”
,
f
in subsection (4), for “an adult” (in both places) there is substituted “
a person who has attained 18 years of age
”
,
g
in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
2
Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
23
In section 71AA (young service offenders: custodial orders)—
a
in subsection (1)—
i
for “twenty-one” (in both places) there is substituted “
eighteen
”
,
ii
for paragraph (a) there is substituted—
a
shall be not less than the period of two months; and
b
in subsection (1AA), “aged 17” is omitted,
c
in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “
such secure accommodation (within the meaning of section 107 of the M91Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose
”
,
d
in subsection (6A), for “detention in a young offender institution” there is substituted “
imprisonment
”
.
24
In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
I1925
1
Schedule 5A (powers of court on trial of civilian) is amended as follows.
2
In paragraph 10—
a
in sub-paragraph (1)—
i
for “under 21” there is substituted “
under 18
”
and for “age of 21” there is substituted “
age of 18
”
,
ii
for paragraph (a) there is substituted—
a
shall not be less than the period of two months;
b
in sub-paragraph (1A), “under 18 years of age” is omitted,
c
in sub-paragraph (1AA)(a), for “21” there is substituted “
18
”
,
d
in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “
such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose
”
,
e
in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “
imprisonment
”
.
3
In paragraph 15—
a
in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “
18
”
,
b
in the table—
i
in the heading to the first column, for “21” there is substituted “
18
”
,
ii
for the heading to the second column there is substituted “
Offender aged 17 but under 18
”
,
iii
in the second column, “Custody for life” is omitted,
c
in the note following the table—
i
in sub-paragraph (a), after “murder” there is inserted “
or any other offence the sentence for which is fixed by law as life imprisonment
”
,
ii
in sub-paragraph (i), for “custody for life” there is substituted “
a custodial order
”
.
4
Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
Criminal Justice Act 1961 (c. 39)
33
In section 23(4) of the Criminal Justice Act 1961 (prison rules), for “secure training centres and remand centres” there is substituted “
and secure training centres
”
.
Criminal Justice Act 1967 (c. 80)
34
The Criminal Justice Act 1967 is amended as follows.
35
In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for “twenty-one” there is substituted “
eighteen
”
.
36
In section 67(6) (computation of sentences of imprisonment passed in England and Wales), “to a remand centre or” is omitted.
Social Work (Scotland) Act 1968 (c. 49)
37
In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)—
a
at the appropriate place there is inserted—
“community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000
F146b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
38
The Children and Young Persons Act 1969 is amended as follows.
F10339
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40
In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “
local probation board
”
.
41
In section 46(1) (discontinuance of approved schools etc.), “within the meaning of the M93Probation Service Act 1993” is omitted.
42
In section 70(1) (general interpretation), at the appropriate place there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
43
1
Schedule 3 (approved schools and other institutions) is amended as follows.
2
In paragraph 6(1), after “ M94Probation Service Act 1993” there is inserted “
or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000
”
.
3
In paragraph 9—
a
in sub-paragraph (2)—
i
for “either” there is substituted “
any
”
,
ii
in paragraph (a), “or” is omitted,
iii
after paragraph (b) there is inserted—
c
section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State);
d
section 5 of that Act (functions of local probation boards); or
e
section 9 of that Act (approved premises),
b
for sub-paragraph (4)(b) there is substituted—
b
the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by—
i
probation committees under rules made under the Probation Service Act 1993,
ii
the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and
iii
local probation boards under section 5 of that Act,
which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution;
4
In paragraph 10(4)(b), after “Probation Service Act 1993” there is inserted “
or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000
”
.
Local Authorities (Goods and Services) Act 1970 (c. 39)
44
1
Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” includes a local probation board established under section 4 of this Act.
2
An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local probation board specified in the order.
Pensions (Increase) Act 1971 (c. 56)
45
In Schedule 2 to the M95Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted—
53A
A pension payable in accordance with regulations under section 7 of the M96Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
Local Government Act 1972 (c. 70)
46
In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)—
a
in paragraph 2(a), “or” is omitted,
b
at the end of paragraph 2(b) there is inserted
or
c
a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.
c
after paragraph 2 there is inserted—
2A
Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.
Juries Act 1974 (c. 23)
F1847
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c. 53)
48
The Rehabilitation of Offenders Act 1974 is amended as follows.
49
In section 5 (rehabilitation periods for particular sentences)—
a
in subsection (4A), for “a person was placed on probation” there is substituted “
a probation order was made
”
,
b
in subsection (4A)(b), for “probation order” there is inserted “
order in question
”
.
50
In section 6(3) (the rehabilitation period applicable to a conviction)—
a
for “placed on probation” there is substituted “
a probation order was made
”
,
b
for “or probation” there is substituted “
or a breach of the order
”
.
Adoption Act 1976 (c. 36)
F7251
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7253
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Law Act 1977 (c. 45)
54
The Criminal Law Act 1977 is amended as follows.
55
In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of “prison”, for paragraph (ia) there is substituted—
ia
in the case of a person under that age arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person);
56
In section 38B(5) (further provision for execution of warrants of commitment), in the definition of “prison”, for paragraph (a) there is substituted—
a
in the case of a person who is under the age of 21 years arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); and
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
57
In section 26(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (reconciliation)—
a
for “a probation officer” there is substituted “
an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000)
”
,
b
for “the probation officer or that” there is substituted “
that officer or
”
.
Magistrates’ Courts Act 1980 (c. 43)
58
The Magistrates’ Courts Act 1980 is amended as follows.
59
In section 11(3) (non-appearance of accused: general provisions), “or detention in a detention centre” is omitted.
60
In section 31 (general limit on power of magistrates’ court to impose imprisonment), in subsections (1) and (2), “or youth custody” is omitted.
61
Section 72 (report by probation officer on means of parties) is omitted.
62
In section 77(2) (postponement of issue of warrant), “or detention under section 108 of the Powers of M97Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)” is omitted.
63
In section 82 (restriction on power to impose imprisonment for default)—
a
in subsection (1)(c), “youth custody or detention in a detention centre” is omitted,
b
in subsections (1)(c), (3)(a) and (5)(b), for “section 9 of the M98Criminal Justice Act 1982” there is substituted “
section 108 of the Powers of Criminal Courts (Sentencing) Act 2000
”
,
c
in subsection (4A)(e), for “section 17 of the M99Criminal Justice Act 1982” there is substituted “
section 60 of the Powers of Criminal Courts (Sentencing) Act 2000
”
.
64
In section 88 (supervision pending payment)—
a
in subsection (4), for “detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
prison
”
and for “such detention” there is substituted “
prison
”
,
b
in subsection (5), for “such detention” there is substituted “
prison
”
.
65
Section 96A (application of Part III to persons aged 18 to 20) is omitted.
66
In section 133 (consecutive terms of imprisonment)—
a
in subsection (1), the first, second and fourth mentions of “or youth custody” are omitted,
b
subsection (2A) is omitted.
67
In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.
68
In section 136 (committal to custody overnight at police station), subsection (4) is omitted.
F14069
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
70
In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), “remand centre” is omitted.
Criminal Justice Act 1982 (c. 48)
71
In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “probation committee for that area to appoint or assign a probation officer” there is substituted “
local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board
”
.
Mental Health Act 1983 (c. 20)
72
The Mental Health Act 1983 is amended as follows.
73
In section 48(2)(a) (removal to hospital of other prisoners), “or remand centre” is omitted.
74
In section 134(3)(e) (correspondence of patients), for “probation committee (within the meaning of the M100Probation Service Act 1993)” there is substituted “
local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
”
.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
75
In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the “and” preceding it are omitted.
Police and Criminal Evidence Act 1984 (c. 60)
76
The Police and Criminal Evidence Act 1984 is amended as follows.
F7377
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2278
In section 62 (intimate samples), at the beginning of subsection (1) there is inserted “
Subject to section 63B below
”
.
Child Abduction and Custody Act 1985 (c. 60)
79
The Child Abduction and Custody Act 1985 is amended as follows.
80
In sections 6(a) and 21(a) (reports), for “a probation officer” there is substituted “
an officer of the Service
”
.
81
In section 27 (interpretation), after subsection (4) there is inserted—
5
In this Act “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000.
Local Government Act 1988 (c. 9)
82
In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for “A probation committee (within the meaning of the M101Probation Service Act 1993)” there is substituted “
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
”
.
Education Reform Act 1988 (c. 40)
F783
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
F4584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4586
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 1989 (c. 41)
87
The Children Act 1989 is amended as follows.
88
In section 7 (welfare reports)—
a
in subsection (1), for “a probation officer” (in both places) there is substituted “
an officer of the Service
”
,
b
in subsection (5), for “probation officer” there is substituted “
officer of the Service
”
.
89
In section 16 (family assistance orders)—
a
in subsection (1)(a), for “a probation officer” there is substituted “
an officer of the Service
”
,
b
subsections (8) and (9) are omitted.
90
In section 31(1)(b) (care and supervision orders), “or of a probation officer” is omitted.
91
In section 41 (representation of child and of his interests in certain proceedings)—
a
in subsections (1) and (11), for “a guardian ad litem” there is substituted “
an officer of the Service
”
,
b
in subsections (2), (4)(a) and (10)(a) and (b), for “guardian ad litem” there is substituted “
officer of the Service
”
,
c
in subsection (10)(c), for “guardians ad litem” there is substituted “
officers of the Service
”
,
d
subsections (7) to (9) and (12) are omitted,
e
for the cross-heading preceding section 41 there is substituted “
Representation of child
”
.
92
In section 42 (right of guardian ad litem to have access to local authority records)—
a
in subsection (1)—
i
for “a person” there is substituted “
an officer of the Service
”
,
ii
for “as a guardian ad litem under this Act” there is substituted “
under section 41
”
,
b
in subsection (2), for “a guardian ad litem” there is substituted “
an officer of the Service
”
,
c
for the sidenote there is substituted “
Right of officer of the Service to have access to local authority records
”
.
93
In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)—
a
in paragraph (a), “or” is omitted,
b
in paragraph (b), after “hostels or homes” there is inserted
or
c
of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).
94
In section 68(2)(d), (persons disqualified from being private foster parents), for “has been placed on probation or” there is substituted “
a probation order has been made in respect of him or he has been
”
.
95
In section 105(1) (interpretation), at the appropriate place there is inserted—
“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;
96
In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.
97
In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.
Computer Misuse Act 1990 (c. 18)
98
In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for “of twenty-one years of age or over (not previously convicted)” there is substituted “
who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions
”
.
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
F6999
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1991 (c. 53)
103
The Criminal Justice Act 1991 is amended as follows.
F65104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108
In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.
109
In section 92(1) (interpretation of Part IV), in the definition of “prison”, “or remand centre” is omitted.
110
In section 99(1) (general interpretation), at the appropriate place there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
I23111
In Schedule 3 (reciprocal enforcement of certain orders)—
a
in paragraph 10—
i
in sub-paragraphs (2)(b) and (3)(c), for “probation committee” there is substituted “
local probation board
”
,
ii
in sub-paragraph (3)(a), for “a probation officer assigned” there is substituted “
an officer of a local probation board assigned
”
,
iii
in sub-paragraph (3)(d), for “probation centre” there is substituted “
community rehabilitation centre
”
,
F50b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112
In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraphs 2 and 6(3) are omitted.
113
In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), “remand centre or” is omitted.
Water Industry Act 1991 (c. 56)
114
In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for “young offender institution or remand centre” there is substituted “
or young offender institution
”
.
Prison Security Act 1992 (c. 25)
115
In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “
or young offender institution
”
.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
116
The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
117
In section 15(5) (variation of supervised release order), for “probation officer” there is substituted “
officer of a local probation board
”
.
118
In section 27(1) (interpretation of Part I), at the appropriate place there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
Intelligence Services Act 1994 (c. 13)
119
In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after “twenty-one” there is inserted “
(eighteen in relation to England and Wales)
”
.
Criminal Procedure (Scotland) Act 1995 (c. 46)
120
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
121
In section 209(7) (supervised release orders), for “probation officer” there is substituted “
officer of a local probation board
”
.
F180122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F180123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F180124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F180125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126
In section 307(1) (interpretation), at the appropriate place there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
Education Act 1996 (c. 56)
127
The Education Act 1996 is amended as follows.
128
In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted—
2
Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the M102Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)—
a
is employed in a registered or provisionally registered school, or
b
is the proprietor of such a school,
he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.
129
After section 473 there is inserted—
473A Removal of disqualification: persons no longer unsuitable to work with children.
1
Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.
2
This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children—
a
from being the proprietor of any independent school; or
b
from being a teacher or other employee in any school.
3
On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.
4
If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.
5
In this section and section 473B, “the Tribunal” means the tribunal established by section 9 of the M103Protection of Children Act 1999.
473B Conditions for application under section 473A.
1
A person may only make an application under section 473A with the leave of the Tribunal.
2
An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person’s case.
3
In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if—
a
at least five years have elapsed since the order was made; and
b
in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
4
In the case of any other person, the appropriate conditions are satisfied if—
a
at least ten years have elapsed since the order was made; and
b
in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
5
The Tribunal shall not grant an application under this section unless it considers—
a
that the person’s circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and
b
that the change is such that leave should be granted.
130
In section 474 (removal of disqualification)—
a
at the end of subsection (1) there is inserted—
But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies.
b
for the sidenote there is substituted “Removal of disqualification: other cases.”
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))
131
The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
132
In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the M104Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “
local probation board
”
.
F51133
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Protected Material) Act 1997 (c. 39)
134
In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “
or young offender institution
”
.
Crime (Sentences) Act 1997 (c. 43)
135
The Crime (Sentences) Act 1997 is amended as follows.
136
In section 28 (duty to release certain life prisoners)—
a
for the words from the beginning to the end of subsection (5)(a) there is substituted—
1A
In this Chapter—
a
references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order has been made under subsection (2) of section 82A of the M105Powers of Criminal Courts (Sentencing) Act 2000 or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage; and
b
references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence,
and in this section “appropriate stage”, in relation to such a direction, has the same meaning as in subsection (6) of that section.
1B
But if a life prisoner is serving two or more life sentences—
a
he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; and
b
the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.
5
As soon as—
a
a life prisoner to whom this section applies has served the relevant part of his sentence
b
subsection (9) is omitted.
137
In section 33 (life prisoners transferred to England and Wales)—
a
for “section 28” (in subsections (1) and (2)) there is substituted “
the provisions of section 28(5) to (8)
”
,
b
in subsection (5), for “subsections (5) and (7) of section 28” there is substituted “
the provisions of section 28(5) to (8)
”
.
138
In section 34(1) (interpretation), the words following the first mention of “sentences” are omitted.
F52139
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53140
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141
In section 54(1) (general interpretation), at the appropriate place there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
142
In section 57(8) (extent), at the end there is inserted—
or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial
,
and Chapter II of Part II of that Act is to be treated as always having had effect as amended by this paragraph.
143
In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for “Probation officer” there is substituted “
Officer of a local probation board
”
.
144
In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.
145
Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement.
146
Paragraph 147 below applies where a person serving any life sentence passed after commencement—
a
is also serving a life sentence passed before commencement, or
b
by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,
and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 147 below as pre-commencement life sentences.
147
Section 28(1B) is to have effect as if—
a
any reference to a life sentence included a pre-commencement life sentence,
b
any reference to an order or direction in relation to such a life sentence were to—
i
an order under section 28(2)(b) or a direction under section 28(4) (as originally enacted), or
ii
a certificate under section 33,
c
any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.
148
In paragraphs 145 and 146 above, “commencement” means the coming into force of section 60 of this Act and “life sentence” has the same meaning as in Chapter II of Part II of that Act.
Police Act 1997 (c. 50)
149
In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after “twenty-one” there is inserted “
(eighteen in relation to England and Wales)
”
.
Crime and Disorder Act 1998 (c. 37)
150
The Crime and Disorder Act 1998 is amended as follows.
151
In sections F8. . . 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for “probation committee” there is substituted “
local probation board
”
.
152
In section 117(1) (interpretation), after the definition of “guardian” there is inserted—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
153
In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.
Protection of Children Act 1999 (c. 14)
154
The Protection of Children Act 1999 is amended as follows.
F116155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156
Section 6 (appeals against prohibition or restriction of employment) is omitted.
157
F165In section 9(2) (the Tribunal)—
a
in paragraph (a), after “4” there is inserted “
, 4A or 4B
”,
b
for paragraph (b) there is substituted—
b
on an appeal or determination under regulations made under section 218(6) of the 1988 Act;
c
for the “or” before paragraph (d) there is substituted—
ca
on a determination under section 473A or 473B of the Education Act 1996;
d
after paragraph (d) there is inserted
or
e
on a determination under section 32 or 33 of the Criminal Justice and Court Services Act 2000.
F117158
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
159
In section 14 (extent etc.)—
a
in subsection (3), for “This Act, except section 8 and this section,” there is substituted “
Subject to subsections (4) and (5) below, this Act
”
,
b
after subsection (4) there is inserted—
5
Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
160
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
F54161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F148164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66165
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66167
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66168
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66169
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66170
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
173
In section 60(1)(b) (attendance centre orders), after “court” there is inserted “
has power or
”
.
F149174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57179
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
180
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
183
In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.
184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
186
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
187
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
188
Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.
F58189
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F190190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F189191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F141192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193
In section 139 (powers and duties of Crown Court in relation to fines and forfeited recognizances)—
a
in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)” is omitted,
b
in subsection (3), “or detained” is omitted,
c
in subsection (3)(c), “custody for life or detention in a young offender institution” is omitted,
d
in subsection (4), “or detention” is omitted,
e
in subsection (5), the second “or detention” is omitted.
194
In section 140(3) (enforcement of fines imposed and recognizances forfeited by Crown Court), “or detention under section 108 above” is omitted.
195
For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted “
Other reports of officers of local probation boards and members of youth offending teams
”
.
I24196
In section 160 (rules and orders)—
I35a
in subsection (2)(a), for the words from “40(1)” to “Schedule 2” there is substituted “
36B(6), 40(1), 40C(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, or 8 of Schedule 2
”
,
F152b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in subsection (3)(a)—
F151I34i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
for subsection (5) there is substituted—
5
The following may make different provision for different cases or classes of case—
a
any order under section 36B(5), 37(6), 40(2), 40A(6) or 40C(2) or paragraph 7 or 8 of Schedule 2;
b
any rules under section 36B, 40(1), 40C(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7 or 8 of Schedule 2.
I25197
In section 163 (general definitions)—
a
in the definition of “attendance centre order”, for “4(1)(c) or 5(1)(c)” there is substituted “
4(1C)(c) or 5(1C)(c)
”
,
b
the definitions of “combination order”, “probation order” and “probation period” are omitted,
F60c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F153d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
at the end of the definition of “custodial sentence” there is inserted “
and, in relation to sentences passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution
”
,
I32f
at the appropriate places there are inserted—
F154...
“community rehabilitation period” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order
“drug abstinence order” means an order under section 58A(1) above
F154...
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000
F67198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67200
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156201
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I26202
1
Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.
F1572
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 6(7)—
a
paragraph (a) is omitted,
b
in paragraph (b), “if it has not been so notified” is omitted.
I27203
1
Schedule 9 (consequential amendments) is amended as follows.
2
Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156 and 166(3) are omitted.
3
Paragraphs 182 and 188 are omitted.
4
Sub-paragraph (3) has effect in relation to sentences passed after the coming into force of section 60.
5
In paragraph 183, sub-paragraph (2)(b) and the preceding “and”, and sub-paragraphs (3)(b) and (3)(c), are omitted.
F142204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support, Pensions and Social Security Act 2000 (c. 19)
F160205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F160206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F160207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning and Skills Act 2000 (c. 21)
F101208
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101209
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210
F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation of Investigatory Powers Act 2000 (c. 23)
211
In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after “twenty-one” there is inserted “
(eighteen in relation to England and Wales)
”
.
I28SCHEDULE 8 Repeals
Sch. 8 partly in force; Sch. 8 in force at Royal Assent for specified repeals see s. 80(3)(e); Sch. 8 in force for specified purposes at 11.1.2001 by S.I. 2000/3302, art. 2; Sch. 8 in force for further specified purposes at 1.4.2001 by S.I. 2001/919, art. 2(g); Sch. 8 in force (E.W.) for specified purposes at 20.6.2001 and in force (E.W.) for other specified purposes at 2.7.2001 by s.I. 2001/2232, art. 2(n)
Chapter | Short title | Extent of repeal |
|---|---|---|
1948 c. 58. | Criminal Justice Act 1948. | In section 27, in subsection (1), the words from “then, if the court” to “not been so notified”, and subsection (2). In section 39(3), “or remand centre”. In section 80(1), the definitions of “local authority” and “remand centre”. |
1952 c. 52. | Prison Act 1952. | In section 37(4), “remand centre”. In section 43, subsection (1)(a), in subsection (2), in paragraph (a) “a remand centre or” and paragraphs (b) and (c), subsection (3), in subsection (4), “remand centres” and subsection (7). In section 47, in subsection (1), “remand centres” and, in subsection (5), “remand centre”. |
1955 c. 18. | Army Act 1955. | In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 71AA(1AA), “aged 17”. In section 71AB(1), paragraph (b) and the “or” preceding it. In Schedule 5A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”. |
1955 c. 19. | Air Force Act 1955. | In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 71AA(1AA), “aged 17”. In section 71AB(1), paragraph (b) and the “or” preceding it. In Schedule 5A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”. |
1957 c. 53. | Naval Discipline Act 1957. | In section 43A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the “and” preceding it, in subsection (1E), paragraph (b) and the “or” preceding it and, in subsection (5), “custody for life or” and “and to a sentence of custody for life”. In section 43AA(1AA), “aged 17”. In section 43AB(1), paragraph (b) and the “or” preceding it. In Schedule 4A, in paragraph 10(1A), “under 18 years of age” and, in paragraph 15(3), in the second column of the table, “Custody for life”. |
1959 c. 45. | Metropolitan Magistrates’ Courts Act 1959. | Section 3. In section 4(2), “of the probation system within the inner London probation area”. |
1967 c. 80. | Criminal Justice Act 1967. | In section 67(6), “to a remand centre or”. |
1968 c. 27. | Firearms Act 1968. | In section 52(1)(a), “in a young offender institution or”. |
1969 c. 54. | Children and Young Persons Act 1969. | In section 23 (as it has effect pursuant to section 98(2) of the Crime and Disorder Act 1998), in subsection (1), “a remand centre or”, subsection (4)(b), in subsection (5), “remand centre or” and, in subsection (5A), “a remand centre or”. Children and Young Persons Act 1969.—cont. In section 46(1), “within the meaning of the Probation Service Act 1993”. In Schedule 3, in paragraph 9(2)(a), “or”. |
1971 c. 40. | Fire Precautions Act 1971. | In section 40(2)(a), “remand centre”. |
1972 c. 70. | Local Government Act 1972. | In Part I of Schedule 12A, in paragraph 2(a), “or”. |
1974 c. 23. | Juries Act 1974. | In Schedule 1, in Part I, in Group B, in the entry for the warden and staff of a probation hostel or bail hostel, “(within the meaning of the Probation Service Act 1993)”. |
1976 c. 36. | Adoption Act 1976. | In section 65(1)(b), “of a person to act as reporting officer”. Section 65A. |
1980 c. 43. | Magistrates’ Courts Act 1980. | In section 11(3), “or detention in a detention centre”. In section 31, in subsections (1) and (2), “or youth custody”. Section 72. In section 77(2), “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)”. In section 82(1)(c), “youth custody or detention in a detention centre”. Section 96A. In section 133, in subsection (1), the first, second and fourth mentions of “or youth custody” and subsection (2A). Section 135(3). Section 136(4). In Schedule 6A, the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000. |
1980 c. 57. | Imprisonment (Temporary Provisions) Act 1980. | In section 6, in subsections (1) and (2), “remand centre”. |
1983 c. 20. | Mental Health Act 1983. | In section 48(2)(a), “or remand centre”. |
1983 c. 41. | Health and Social Services and Social Security Adjudications Act 1983. | In section 10(16), paragraph (b) and the “and” preceding it. |
1988 c. 33. | Criminal Justice Act 1988. | In section 75(3), “or of detention under section 108 of that Act of 2000 (detention of persons aged 17 to 20 for contempt)”. |
1988 c. 34. | Legal Aid Act 1988. | In section 21(11), “or a remand centre”. |
1988 c. 52. | Road Traffic Act 1988. | Section 105(2)(b). |
1989 c. 41. | Children Act 1989. | In section 16, subsections (8) and (9). In section 31(1)(b), “or of a probation officer”. In section 41, subsections (7) to (9) and (12). In section 58(4)(a), “or”. In Schedule 3, in paragraph 9, sub-paragraphs (2) to (5). In Schedule 10, paragraph 29. |
1990 c. 41. | Courts and Legal Services Act 1990. | In Schedule 16, paragraphs 7 and 17. In Schedule 18, paragraph 25(4)(b). |
1991 c. 25. | Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. | In Schedule 1, in paragraph 4(1), paragraph (c) and the “or” preceding it. |
1991 c. 53. | Criminal Justice Act 1991. | Section 37A(7). In section 45(1), “or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”. Section 68(b). In section 92(1), in the definition of “prison”, “or remand centre”. In Schedule 8, paragraphs 2 and 6(3). In Schedule 12, in paragraphs 15(4) and 16(3), “remand centre or”. |
1992 c. 14. | Local Government Finance Act 1992. | In Schedule 1, in paragraph 1(4), “or section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”. |
1993 c. 47. | Probation Service Act 1993. | The whole Act. |
1994 c. 19. | Local Government (Wales) Act 1994. | In Schedule 16, paragraph 109. |
1994 c. 33. | Criminal Justice and Public Order Act 1994. | In section 117(3)(a), “and a remand centre”. Criminal Justice and Public Order Act 1994.—cont. In section 125(3)(a), “remand centre or”. In Schedule 10, paragraphs 72 and 73. |
1994 c. 37. | Drug Trafficking Act 1994. | In section 9, in subsection (2), “or of detention under section 108 of the 2000 Act (detention of persons aged 18 to 20 for default)” and, in subsection (5), “or detention”. In section 10(2), “or detention”. In section 15(13), “or of detention”. In section 16(4)(b), “or detention”. In section 17(4)(b), “or of detention”. In section 21(5)(a), “or of detention”. In section 41(7), “or detention”. |
1996 c. 33. | Prisoners’ Earnings Act 1996. | In section 4(2), in the definition of “prisoner”, “or remand centre”. |
1997 c. 43. | Crime (Sentences) Act 1997. | Section 28(9). In section 34(1), the words following the first mention of “sentences”. In Schedule 5, paragraph 5(1). |
1998 c. 37. | Crime and Disorder Act 1998. | In Schedule 8, paragraph 110. |
1999 c. 14. | Protection of Children Act 1999. | Section 6. |
1999 c. 22. | Access to Justice Act 1999. | In Schedule 10, paragraphs 17 and 41 to 45. In Schedule 11, paragraphs 15 and 42. |
1999 c. 29. | Greater London Authority Act 1999. | Section 326. |
2000 c. 6. | Powers of Criminal Courts (Sentencing) Act 2000. | Section 38. In section 40(1)(a), the words from “(including” to “available)”. In section 46(13), “(a) or (b)”. In section 47(5)(a), “(a) or (b)”. In section 64(2), the words from “and selected under arrangements” to the end of the subsection. In section 76(1), paragraphs (c) and (d). In section 78, in subsections (1) and (2), “or detention in a young offender institution”. In section 87(12), paragraph (b) and the preceding “and”. Sections 93 to 98. Section 99(2). In section 106, subsection (1) and, in subsection (3), the words from the beginning to “and”. Section 108. Section 110(6). Section 111(6). Section 137(2)(a). In section 139, in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)”, in subsection (3), “or detained”, in subsection (3)(c), “custody for life or detention in a young offender institution”, in subsection (4), “or detention” and, in subsection (5), the second “or detention”. In section 140(3), “or detention under section 108 above”. In section 163, the definitions of “combination order”, “probation order” and “probation period”. In Schedule 3, paragraph 9(2), in paragraph 25, sub-paragraph (2) and, in sub-paragraph (3), “or (2)”. In Schedule 7, in paragraph 7(7), paragraph (a) and, in paragraph (b), “if the justice or youth court has not been so notified”. In Schedule 8, in paragraph 6(7), paragraph (a) and, in paragraph (b), “if it has not been so notified”. In Schedule 9, paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156, 166(3), 182, in paragraph 183, sub-paragraph (2)(b) and the preceding “and”, sub-paragraphs (3)(b) and (3)(c) and paragraph 188. In Schedule 10, in paragraph 12(2), the “and” preceding paragraph (d). |
2000 c. 21. | Learning and Skills Act 2000. | In section 121(1), the definition of “probation committee”. |
2000 c. | Criminal Justice and Court Services Act 2000. | In section 30(1), paragraph (b) of the definition of “qualifying sentence”. In section 69(7), paragraph (b) of the definition of “relevant sentence”. |
The repeals—
a
in sections 28 and 34 of, and paragraph 5 of Schedule 5 to, the Crime (Sentences) Act 1997, and
b
of paragraphs 182 and 188 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000,
have effect in relation to sentences passed after the coming into force of section 60 of this Act.
Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)