Search Legislation

Criminal Justice and Immigration Act 2008

Status:

This version of this Act contains provisions that are prospective.

Changes to legislation:

Criminal Justice and Immigration Act 2008 is up to date with all changes known to be in force on or before 28 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Legislation Crest

U.K.

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.

[8th May 2008]

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 1E+W+N.I.Youth rehabilitation orders

Youth rehabilitation ordersE+W+N.I.

F11Youth rehabilitation ordersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Breach, revocation or amendment of youth rehabilitation ordersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Transfer of youth rehabilitation orders to Northern IrelandE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Meaning of “the responsible officer”E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Responsible officer and offender: duties in relation to the otherE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementaryE+W

6Abolition of certain youth orders and related amendmentsE+W

(1)Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.

(2)Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.

(3)Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.

Commencement Information

I1S. 6(1) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(f) (with art. 4)

F27Youth rehabilitation orders: interpretationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Isles of ScillyE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2E+W+N.I.Sentencing

General sentencing provisionsE+W

Prospective

9Purposes etc. of sentencing: offenders under 18E+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—

(1A)Subsection (1) is to be read with paragraphs (a) and (c) of section 142A(2) of the Criminal Justice Act 2003 (which require a court dealing with an offender aged under 18 also to have regard to the principal aim of the youth justice system and the specified purposes of sentencing).

(1B)Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.

(4)In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—

offending” includes re-offending;.

Textual Amendments

Modifications etc. (not altering text)

C1S. 9 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

F510Effect of restriction on imposing community sentencesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F511Restriction on power to make a community orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F512Pre-sentence reportsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Custodial sentencesE+W

F613Sentences of imprisonment for public protectionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F714Sentences of detention for public protectionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F815Extended sentences for certain violent or sexual offences: persons 18 or overE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F916Extended sentences for certain violent or sexual offences: persons under 18E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1017The assessment of dangerousnessE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1018Further amendments relating to sentences for public protectionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

F1019Indeterminate sentences: determination of tariffsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1020Consecutive terms of imprisonmentE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Release and recall of prisonersE+W

21Credit for period of remand on bail: terms of imprisonment and detentionE+W

(1)The Criminal Justice Act 2003 (c. 44) is amended as follows.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the italic heading before section 240, after “custody” insert or on bail subject to certain types of condition.

(4)After section 240 insert—

240ACrediting periods of remand on bail: terms of imprisonment and detention

(1)This section applies where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence.

(3)The “credit period” is the number of days represented by half of the sum of—

(a)the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and

(b)the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject),

rounded up to the nearest whole number.

(4)Subsection (2) does not apply if and to the extent that—

(a)rules made by the Secretary of State so provide, or

(b)it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.

(5)Where as a result of paragraph (a) or (b) of subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence.

(6)Rules made under subsection (4)(a) may, in particular, make provision in relation to—

(a)sentences of imprisonment for consecutive terms;

(b)sentences of imprisonment for terms which are wholly or partly concurrent;

(c)periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.

(7)In considering whether it is of the opinion mentioned in subsection (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.

(8)Where the court gives a direction under subsection (2) or (5) it shall state in open court—

(a)the number of days on which the offender was subject to the relevant conditions, and

(b)the number of days in relation to which the direction is given.

(9)Subsection (10) applies where the court—

(a)does not give a direction under subsection (2) but gives a direction under subsection (5), or

(b)decides not to give a direction under this section.

(10)The court shall state in open court—

(a)that its decision is in accordance with rules made under paragraph (a) of subsection (4), or

(b)that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.

(11)Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted “ or section 119(1)(a) or (b) of the Sentencing Act ”; and

(b)in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “ or Part 2 of the Criminal Justice Act 1991 ”.

(12)In this section—

  • electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

  • qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and

  • related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

F12(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.

F13(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2S. 21(1)(3)-(7) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 1

I3S. 21(2) in force at 31.10.2009 by S.I. 2009/2606, art. 3(a)

22Credit for period of remand on bail: other casesE+W

(1)The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—

(d)sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).

Textual Amendments

Modifications etc. (not altering text)

C2S. 22 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I4S. 22 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 2

F1623Credit for period of remand on bail: transitional provisionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003E+W

In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substitute and

(b)he has served—

(i)at least 4 weeks of that period, and

(ii)at least one-half of that period.

Commencement Information

I5S. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 11

25Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentencesE+W

(1)Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.

(2)In subsection (2)—

(a)the word “and” at the end of paragraph (a) is omitted, and

(b)paragraph (b) is omitted.

(3)Subsections (3), (4), (5) and (6) are omitted.

Commencement Information

I6S. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 12 (with savings in Sch. 2 para. 2)

I7S. 25 in force at 3.12.2012 in so far as not already in force by 2012 c. 10, Sch. 16 para. 15(1); S.I. 2012/2096, art. 2(n)

F1726Release of certain long-term prisoners under Criminal Justice Act 1991E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1727Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UKE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1728Release of fine defaulters and contemnors under Criminal Justice Act 1991E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29Release of prisoners after recallE+W

(1)In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—

(a)subsections (3) to (5) cease to have effect;

(b)in subsection (7) for “subsections (2) to (6)” substitute “ this section ”.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8S. 29 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (with Sch. 2 para. 3)

I9S. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/2606, art. 3(c)

30Further review and release of prisoners after recallE+W

(1)Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.

(2)In subsection (1) for paragraph (b) substitute—

(b)determine the reference by making no recommendation as to his release.

(3)In subsection (2) omit “or (b)”.

(4)Subsections (3) and (5) cease to have effect.

(5)In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.

(6)After section 256 insert—

256AFurther review

(1)The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.

(2)The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.

(3)The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).

(4)On a reference under subsection (1) or (2), the Board must determine the reference by—

(a)recommending the person's immediate release on licence under this Chapter,

(b)fixing a date for his release on licence, or

(c)making no recommendation as to his release.

(5)The Secretary of State—

(a)where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and

(b)where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.

Commencement Information

I10S. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (with Sch. 2 para. 3)

31Recall of life prisoners: abolition of requirement for recommendation by Parole BoardE+W

(1)Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.

(2)For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—

(1)The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

(3)In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.

(4)In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.

Commencement Information

I11S. 31 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

F1932Release of prisoners recalled following release under Criminal Justice Act 1991E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early removal of prisoners from the United KingdomE+W

33Removal under Criminal Justice Act 1991E+W

F20(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Removal under Criminal Justice Act 2003E+W

(1)In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

(4)In subsection (1) (the power of removal)—

(a)for “subsections (2) and (3)” substitute “ subsection (2) ”, and

F23(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For subsection (2) (conditions relating to time) substitute—

(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.

(6)Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.

F24(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In subsection (6) (order-making powers)—

(a)in paragraph (a) omit “or (3)(e)”,

(b)omit paragraph (b), and

(c)in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.

(9)For subsection (7) (meaning of “requisite custodial period”) substitute—

(7)In this section “requisite custodial period”—

(a)in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);

(b)in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).

F25(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12S. 34(1)(3)(4)(a)(5)(6)(8)(9) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 5

Referral ordersE+W

F2635Referral conditionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2636Power to revoke a referral orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2637Extension of period for which young offender contract has effectE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of sentencesE+W+N.I.

F2638Imposition of unpaid work requirement for breach of community orderE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

39Youth default ordersE+W+N.I.

(1)Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for [F27section 227 of the Sentencing Code] (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).

(2)The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a)in the case of a person aged 16 or 17, an unpaid work requirement (see [F28Part 3 of Schedule 6 to the Sentencing Code]),

(b)an attendance centre requirement (see [F29Part 5] of that Schedule), or

(c)a curfew requirement (see [F30Part 7] of that Schedule).

(3)In this section (and Schedule 7) “youth default order” means an order under subsection (2).

[F31(4)A youth default order—

(a)may, in addition to any other requirement that it imposes, impose an electronic monitoring requirement (see sections 173 and 174 of the Sentencing Code), and

(b)must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.]

(5)Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

[F32(6)The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—

(a)sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions),

(b)Parts 3, 5, 7 and 17 of Schedule 6 (youth rehabilitation orders: requirements),

(c)Schedule 7 (breach, revocation or amendment of youth rehabilitation order),

(d)Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and

(e)paragraph 9 of Schedule 23 (power to amend limits).]

(7)Where a youth default order has been made for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and

(b)on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8)In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

40Power to impose attendance centre requirement on fine defaulterE+W

(1)Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.

(2)In the heading for “or curfew requirement” substitute “ curfew requirement or attendance centre requirement ”.

(3)In subsection (2), at the end of paragraph (b) insert , or

(c)in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214).

Commencement Information

I13S. 40 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

41Disclosure of information for enforcing finesE+W

(1)Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.

(2)After paragraph 9 insert—

9ADisclosure of information in connection with application for benefit deductions

(1)The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

(2)An information request is a request for the disclosure of some or all of the following information—

(a)P's full name;

(b)P's address (or any of P's addresses);

(c)P's date of birth;

(d)P's national insurance number;

(e)P's benefit status.

(3)On receiving an information request, the Secretary of State may disclose the information requested to—

(a)the officer who made the request, or

(b)a justices' clerk specified in the request.

9BRestrictions on disclosure

(1)A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.

(2)A person to whom such information is disclosed commits an offence if the person—

(a)discloses or uses the information, and

(b)the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.

(3)But it is not an offence under sub-paragraph (2)—

(a)to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b)to disclose any information which has previously been lawfully disclosed to the public.

(4)It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.

(5)A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

9CParagraphs 9A and 9B: supplementary

(1)This paragraph applies for the purposes of paragraphs 9A and 9B.

(2)Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—

(a)which benefit it is,

(b)where it is already subject to deductions under any enactment, the nature of the deductions concerned, and

(c)the amount received by P by way of the benefit, after allowing for any such deductions.

(3)Information” means information held in any form.

(4)Prescribed” means prescribed by regulations made by the Lord Chancellor.

(5)Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.

Commencement Information

I14S. 41 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 6

Part 3 E+WAppeals

Appeals by defendantE+W

42Power to dismiss certain appeals following references by the CCRC: England and WalesE+W

After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—

Appeals following references by the CCRCE+W
16CPower to dismiss certain appeals following references by the CCRC

(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)Notwithstanding anything in section 2, 13 or 16 of this Act, the Court of Appeal may dismiss the appeal if—

(a)the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

(b)the condition in subsection (3) is met.

(3)The condition in this subsection is that if—

(a)the reference had not been made, but

(b)the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 18(3).

Commencement Information

I15S. 42 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 21

43Power to dismiss certain appeals following references by the CCRC: Northern IrelandE+W

After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert—

Appeals following references by the CCRCE+W
13BPower to dismiss certain appeals following references by the CCRC

(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if—

(a)the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

(b)the condition in subsection (3) is met.

(3)The condition in this subsection is that if—

(a)the reference had not been made, but

(b)the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).

Commencement Information

I16S. 43 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 22

Appeals by prosecutionE+W

44Determination of prosecution appeals: England and WalesE+W

In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of prosecution appeal by Court of Appeal) for subsection (5) substitute—

(5)But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).

Commencement Information

I17S. 44 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 23

45Determination of prosecution appeals: Northern IrelandE+W

In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for paragraph (5) substitute—

(5)But the Court of Appeal may not make an order under paragraph (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under paragraph (4)(a) or (b).

Commencement Information

I18S. 45 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 24

MiscellaneousE+W

46Review of sentence on reference by Attorney GeneralE+W

(1)Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.

[F33(2)In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law]

(3)In subsection (9) after paragraph (b) insert , and

(c)the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.

Textual Amendments

Commencement Information

I19S. 46(1)(3) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 25

47Further amendments relating to appeals in criminal casesE+W

Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in criminal cases.

Commencement Information

I20S. 47 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

Part 4 E+W+N.I.Other criminal justice provisions

Alternatives to prosecutionE+W

48Alternatives to prosecution for offenders under 18E+W

(1)Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—

(a)to make provision for the giving of youth conditional cautions to children and young persons, F34...

F34(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).

Textual Amendments

Commencement Information

I21S. 48(1)(a) in force at 1.2.2009 by S.I. 2009/140, art. 2(a)

I22S. 48(1)(b) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(a)

49Protection for spent cautions under Rehabilitation of Offenders Act 1974E+W

(1)Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.

(2)The provisions of Schedule 10 (and this section) extend only to England and Wales.

Commencement Information

I23S. 49 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(a)

50Criminal conviction certificates and criminal record certificatesE+W

(1)Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.

(2)In section 112 (criminal conviction certificates)—

(a)in the definition of “central records”, after “convictions” insert “ and conditional cautions ”;

(b)after that definition insert—

  • conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

(3)In section 113A(6) (criminal record certificates)—

(a)in the definition of “exempted question”, after “a question” insert which—

“(a)so far as it applies to convictions, is a question;

(b)in that definition, at the end insert ; and—

“(b)so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;;

(c)in the definition of “relevant matter”, after “caution” insert “ , including a caution that is spent for the purposes of Schedule 2 to that Act ”.

(4)This section extends to England and Wales only.

Commencement Information

I24S. 50 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(b)

BailE+W

51Bail conditions: electronic monitoringE+W

Schedule 11 makes provision in connection with the electronic monitoring of persons released on bail subject to conditions.

Commencement Information

I25S. 51 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 7

52Bail for summary offences and certain other offences to be tried summarilyE+W

Schedule 12—

(a)imposes a duty on a magistrates' court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and

(b)amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).

Commencement Information

I26S. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

Proceedings in magistrates' courtsE+W

53Allocation of offences triable either way etc.E+W

Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court).

54Trial or sentencing in absence of accused in magistrates' courtsE+W

(1)Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is amended as follows.

(2)In subsection (1), for “the court may proceed in his absence” substitute

(a)if the accused is under 18 years of age, the court may proceed in his absence; and

(b)if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so.

This is subject to subsections (2), (2A), (3) and (4).

(3)After subsection (2) insert—

(2A)The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear.

(4)In each of subsections (3) and (4), for “A magistrates' court” substitute “ In proceedings to which this subsection applies, the court. ”

(5)After subsection (3) insert—

(3A)But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court).

(6)After subsection (4) insert—

(5)Subsections (3) and (4) apply to—

(a)proceedings instituted by an information, where a summons has been issued; and

(b)proceedings instituted by a written charge.

(6)Nothing in this section requires the court to enquire into the reasons for the accused's failure to appear before deciding whether to proceed in his absence.

(7)The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings.

(7)Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.

Commencement Information

I27S. 54 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 28

55Extension of powers of non-legal staffE+W

(1)Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.

(2)In subsection (2) (powers of designated non-legal staff)—

(a)in paragraph (a)(ii), after “trials” insert “ of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over ”;

(b)after paragraph (a)(ii) insert—

(iii)the conduct of applications or other proceedings relating to preventative civil orders;

(iv)the conduct of proceedings (other than criminal proceedings) in, or in connection with, the discharge of functions assigned to the Director under section 3(2)(g) above.;

(c)for paragraph (b) substitute—

(b)any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of—

(i)criminal proceedings in magistrates' courts, or

(ii)applications or proceedings falling within paragraph (a)(iii) or (iv).

(3)For subsection (5) (interpretation) substitute—

(5)In this section—

  • bail in criminal proceedings” has the same meaning as in the Bail Act 1976 (see section 1 of that Act);

  • preventative civil orders” means—

    (a)

    orders within section 3(2)(fa) to (fe) above;

    (b)

    orders under section 5 or 5A of the Protection from Harassment Act 1997 (restraining orders); or

    (c)

    orders under section 8 of the Crime and Disorder Act 1998 (parenting orders).

(5A)For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused.

(4)Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).

(5)After subsection (7) insert—

(8)As from 1 May 2011 nothing in this section confers on persons designated under this section—

(a)any rights of audience, or

(b)any right to conduct litigation,

for the purposes of Part 3 of the Legal Services Act 2007 (reserved legal activities).

(9)As from that date the following provisions of that Act accordingly do not apply to persons designated under this section—

(a)paragraph 1(3) of Schedule 3 (exemption for persons with statutory rights of audience), and

(b)paragraph 2(3) of that Schedule (exemption for persons with statutory right to conduct litigation).

(10)The Attorney General may by order make such modifications in the application of any enactment (including this section) in relation to persons designated under this section as the Attorney General considers appropriate in consequence of, or in connection with, the matters provided for by subsections (8) and (9).

(11)The Attorney General may also by order amend subsection (2)(a)(ii) so as to omit the words “or offences which are punishable with imprisonment in the case of persons aged 21 or over”.

(12)The power to make an order under subsection (10) or (11) is exercisable by statutory instrument, but a statutory instrument containing such an order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “ , 7(1) and 7A ”.

Commencement Information

I28S. 55 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 29

Criminal legal aidE+W

F3556Provisional grant of right to representationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F3557Disclosure of information to enable assessment of financial eligibilityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F3558Pilot schemesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

MiscellaneousE+W+N.I.

59SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.E+W

(1)The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)After section 2 insert—

2ADirector's pre-investigation powers in relation to bribery and corruption: foreign officers etc

(1)The powers of the Director under section 2 are also exercisable for the purpose of enabling him to determine whether to start an investigation under section 1 in a case where it appears to him that conduct to which this section applies may have taken place.

(2)But—

(a)the power under subsection (2) of section 2 is so exercisable only if it appears to the Director that for the purpose of enabling him to make that determination it is expedient to require any person appearing to him to have relevant information to do as mentioned in that subsection, and

(b)the power under subsection (3) of that section is so exercisable only if it appears to the Director that for that purpose it is expedient to require any person to do as mentioned in that subsection.

(3)Accordingly, where the powers of the Director under section 2 are exercisable in accordance with subsections (1) and (2) above—

(a)the reference in subsection (2) of that section to the person under investigation or any other person whom the Director has reason to believe has relevant information is to be read as a reference to any such person as is mentioned in subsection (2)(a) above,

(b)the reference in subsection (3) of that section to the person under investigation or any other person is to be read as a reference to any such person as is mentioned in subsection (2)(b) above, and

(c)any reference in subsection (2), (3) or (4) of that section to the investigation is to be read as a reference to the making of any such determination as is mentioned in subsection (1) above.

(4)Any reference in section 2(16) to the carrying out of an investigation by the Serious Fraud Office into serious or complex fraud includes a reference to the making of any such determination as is mentioned in subsection (1) above.

(5)This section applies to any conduct which, as a result of section 108 of the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: foreign officers etc), constitutes a corruption offence (wherever committed).

(6)The following are corruption offences for the purposes of this section—

(a)any common law offence of bribery;

(b)the offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office); and

(c)the offences under section 1 of the Prevention of Corruption Act 1906 (corrupt transactions with agents).

(3)In section 17 (extent)—

(a)in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “ sections 2 and 2A ”; and

(b)in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “ , 2A ”.

Commencement Information

I29S. 59 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 33

60Contents of an accused's defence statementE+W

(1)In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—

(ca)setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence,.

(2)In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “ (or any particular of any matter of fact) ”.

Commencement Information

I30S. 60 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 8 (with art. 3)

61Compensation for miscarriages of justiceE+W+N.I.

(1)The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.

(2)Section 133 (compensation for miscarriages of justice) is amended as follows.

(3)At the end of subsection (2) (compensation only payable if application for compensation is made) insert before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(2A)But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

(4)For subsection (4A) substitute—

(4A)Section 133A applies in relation to the assessment of the amount of the compensation.

(5)After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

(5A)But in a case where—

(a)a person's conviction for an offence is quashed on an appeal out of time, and

(b)the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

(5B)In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Supreme Court Act 1981.

(6)In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “ and section 133A ”.

(7)After section 133 insert—

133AMiscarriages of justice: amount of compensation

(1)This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

(2)In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

(a)the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

(b)the conduct of the investigation and prosecution of the offence.

(3)The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

(a)any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

(b)any other convictions of the person and any punishment suffered as a result of them.

(4)If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

(5)The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

(a)£1 million in a case to which section 133B applies, and

(b)£500,000 in any other case.

(6)The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

(7)The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

(8)No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

133BCases where person has been detained for at least 10 years

(1)For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

(a)the conviction is reversed, or

(b)the pardon is given,

as mentioned in section 133(1).

(2)P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)by virtue of a sentence passed in respect of the relevant offence,

(b)under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(3)In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

(a)in qualifying detention, and

(b)in excluded concurrent detention.

(4)P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)during the term of a sentence passed in respect of an offence other than the relevant offence,

(b)under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

(i)the relevant offence, or

(ii)any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(5)But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

(6)In this section—

  • mental health legislation” means—

    (a)

    Part 3 of the Mental Health Act 1983,

    (b)

    Part 3 of the Mental Health (Northern Ireland) Order 1986, or

    (c)

    the provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;

  • the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));

  • remanded in custody” is to be read in accordance with subsections (8) and (9);

  • reversed” has the same meaning as in section 133 of this Act.

(7)If, as a result of the miscarriage of justice—

(a)two or more convictions are reversed, or

(b)a pardon is given in respect of two or more offences,

the relevant offence” means any of the offences concerned.

(8)In relation to England and Wales, “remanded in custody” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

(9)In relation to Northern Ireland, “remanded in custody” means—

(a)remanded in or committed to custody by an order of a court, or

(b)remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.

(8)In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “ sections 133 to 133B ”.

(9)This section extends to England and Wales and Northern Ireland.

Commencement Information

I31S. 61 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(a)

62Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998E+W+N.I.

(1)Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.

(2)The following provisions, namely—

(a)subsection (1), and

(b)the repeal of section 8 of that Act in Part 4 of Schedule 28,

extend to England and Wales and Northern Ireland.

Part 5 E+W+N.I.Criminal law

Pornography etc.E+W+N.I.

63Possession of extreme pornographic imagesE+W+N.I.

(1)It is an offence for a person to be in possession of an extreme pornographic image.

(2)An “extreme pornographic image” is an image which is both—

(a)pornographic, and

(b)an extreme image.

(3)An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4)Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5)So, for example, where—

(a)an image forms an integral part of a narrative constituted by a series of images, and

(b)having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

[F36(5A)In relation to possession of an image in England and Wales, an “extreme image” is an image which—

(a)falls within subsection (7) or (7A), and

(b)is grossly offensive, disgusting or otherwise of an obscene character.]

(6)[F37In relation to possession of an image in Northern Ireland, an]extreme image” is an image which—

(a)falls within subsection (7) [F38or (7A)] , and

(b)is grossly offensive, disgusting or otherwise of an obscene character.

(7)An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—

(a)an act which threatens a person's life,

(b)an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,

(c)an act which involves sexual interference with a human corpse, or

(d)a person performing an act of intercourse or oral sex with an animal (whether dead or alive),

and a reasonable person looking at the image would think that any such person or animal was real.

[F39(7A)An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—

(a)an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or

(b)an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,

and a reasonable person looking at the image would think that the persons were real.

(7B)For the purposes of subsection (7A)—

(a)penetration is a continuing act from entry to withdrawal;

(b)vagina” includes vulva.]

(8)In this section “image” means—

(a)a moving or still image (produced by any means); or

(b)data (stored by any means) which is capable of conversion into an image within paragraph (a).

(9)In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).

(10)Proceedings for an offence under this section may not be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions; or

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

F38Words in s. 63(6) inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(2), 61(1)

Commencement Information

I32S. 63 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(a)

64Exclusion of classified films etc.E+W+N.I.

(1)Section 63 does not apply to excluded images.

(2)An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

(3)But such an image is not an “excluded image” if—

(a)it is contained in a recording of an extract from a classified work, and

(b)it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.

(4)Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;

and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

(5)In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—

(a)a defect caused for technical reasons or by inadvertence on the part of any person, or

(b)the inclusion in the recording of any extraneous material (such as advertisements),

is to be disregarded.

(6)Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

(7)In this section—

  • classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);

  • classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c. 39);

  • designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;

  • extract” includes an extract consisting of a single image;

  • image” and “pornographic” have the same meanings as in section 63;

  • recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).

(8)Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

Commencement Information

I33S. 64 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(b)

65Defences: generalE+W+N.I.

(1)Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).

(2)The matters are—

(a)that the person had a legitimate reason for being in possession of the image concerned;

(b)that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;

(c)that the person—

(i)was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii)did not keep it for an unreasonable time.

(3)In this section “extreme pornographic image” and “image” have the same meanings as in section 63.

Commencement Information

I34S. 65 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(c)

66Defence: participation in consensual actsE+W+N.I.

[F40(A1)Subsection (A2) applies where in England and Wales—

(a)a person (“D”) is charged with an offence under section 63, and

(b)the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).

(A2)It is a defence for D to prove—

(a)that D directly participated in the act or any of the acts portrayed, and

(b)that the act or acts did not involve the infliction of any non-consensual harm on any person, and

(c)if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and

(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.]

(1)[F41Subsection (2)] applies where [F42in Northern Ireland]

(a)a person (“D”) is charged with an offence under section 63, and

(b)the offence relates to an image that portrays an act or acts [F43within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).]

(2)It is a defence for D to prove—

(a)that D directly participated in the act or any of the acts portrayed, and

(b)that the act or acts did not involve the infliction of any non-consensual harm on any person, and

(c)if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse[F44; and

(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.]

(3)For the purposes of this section harm inflicted on a person is “non-consensual” harm if—

(a)the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or

(b)where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.

Textual Amendments

F43Words in s. 66(1)(b) substituted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(a), 61(1)

F44S. 66(2)(d) and preceding word inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(b), 61(1)

Commencement Information

I35S. 66 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(d)

67Penalties etc. for possession of extreme pornographic imagesE+W+N.I.

(1)This section has effect where a person is guilty of an offence under section 63.

(2)[F45If the offence relates to an image that portrays any relevant act (with or without other acts)] , the offender is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.

(3)If the offence relates to an image that does not portray any [F46relevant act] , the offender is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(4)In subsection (2)(a) or (3)(a) “the relevant period” means—

(a)in relation to England and Wales, 12 months;

(b)in relation to Northern Ireland, 6 months.

[F47(5)In this section “relevant act” means—

(a)in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);

(b)in relation to Northern Ireland, an act within section 63(7)(a) or (b) [F48or (7A)(a) or (b)].]

Textual Amendments

F48Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)

Commencement Information

I36S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)

68Special rules relating to providers of information society servicesE+W+N.I.

Schedule 14 makes special provision in connection with the operation of section 63 in relation to persons providing information society services within the meaning of that Schedule.

Commencement Information

I37S. 68 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(f)

69Indecent photographs of children: England and WalesE+W

(1)The Protection of Children Act 1978 (c. 37) is amended as follows.

(2)In section 1B(1)(b) (exception for members of the Security Service)—

(a)after “Security Service” insert “ or the Secret Intelligence Service ”;

(b)for “the Service” substitute “ that Service ”.

(3)After section 7(4) (meaning of photograph), insert—

(4A)References to a photograph also include—

(a)a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)which is not itself a photograph or pseudo-photograph, but

(ii)which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and subsection (8) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(4)In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

70Indecent photographs of children: Northern IrelandE+W

(1)The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.

(2)In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

(3)After Article 2(2) insert—

(2A)In this Order, references to a photograph also include—

(a)a tracing or other image, whether made by electronic or other means (of whatever nature)—

(i)which is not itself a photograph or pseudo-photograph, but

(ii)which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and

(b)data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a);

and paragraph (3)(c) applies in relation to such an image as it applies in relation to a pseudo-photograph.

(4)In article 3A(1)(b) (exception for members of the Security Service)—

(a)after “Security Service” insert “ or the Secret Intelligence Service ”;

(b)for “the Service” substitute “ that Service ”.

71Maximum penalty for publication etc. of obscene articlesE+W

In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum penalty on indictment for publication etc. of obscene articles) for “three years” substitute “ five years ”.

Commencement Information

I38S. 71 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(g)

Sexual offencesE+W

72Offences committed outside the United KingdomE+W

(1)For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—

72Offences outside the United Kingdom

(1)If—

(a)a United Kingdom national does an act in a country outside the United Kingdom, and

(b)the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,

the United Kingdom national is guilty in that part of the United Kingdom of that sexual offence.

(2)If—

(a)a United Kingdom resident does an act in a country outside the United Kingdom,

(b)the act constitutes an offence under the law in force in that country, and

(c)the act, if done in England and Wales or Northern Ireland, would constitute a sexual offence to which this section applies,

the United Kingdom resident is guilty in that part of the United Kingdom of that sexual offence.

(3)If—

(a)a person does an act in a country outside the United Kingdom at a time when the person was not a United Kingdom national or a United Kingdom resident,

(b)the act constituted an offence under the law in force in that country,

(c)the act, if done in England and Wales or Northern Ireland, would have constituted a sexual offence to which this section applies, and

(d)the person meets the residence or nationality condition at the relevant time,

proceedings may be brought against the person in that part of the United Kingdom for that sexual offence as if the person had done the act there.

(4)The person meets the residence or nationality condition at the relevant time if the person is a United Kingdom national or a United Kingdom resident at the time when the proceedings are brought.

(5)An act punishable under the law in force in any country constitutes an offence under that law for the purposes of subsections (2) and (3) however it is described in that law.

(6)The condition in subsection (2)(b) or (3)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant serves on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in the defendant's opinion met,

(b)showing the grounds for that opinion, and

(c)requiring the prosecution to prove that it is met.

(7)But the court, if it thinks fit, may permit the defendant to require the prosecution to prove that the condition is met without service of a notice under subsection (6).

(8)In the Crown Court the question whether the condition is met is to be decided by the judge alone.

(9)In this section—

  • country” includes territory;

  • United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

    (b)

    a person who under the British Nationality Act 1981 is a British subject; or

    (c)

    a British protected person within the meaning of that Act;

  • United Kingdom resident” means an individual who is resident in the United Kingdom.

(10)Schedule 2 lists the sexual offences to which this section applies.

(2)Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.

(3)In paragraph 1 (offences under the law of England and Wales)—

(a)for paragraphs (a) and (b) substitute—

(a)an offence under any of sections 5 to 19, 25 and 26 and 47 to 50;

(b)an offence under any of sections 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;;

(b)in paragraph (c), for “16” substitute “ 18 ”; and

(c)in paragraph (d), omit “in relation to a photograph or pseudo-photograph showing a child under 16”.

(4)In paragraph 2 (offences under the law of Northern Ireland)—

(a)in sub-paragraph (1)(c)(iv), for “17” substitute “ 18 ”; and

(b)in sub-paragraph (2), for “17” substitute “ 18 ”.

Commencement Information

I39S. 72 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 34

73Grooming and adoptionE+W

Schedule 15—

(a)amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.),

(b)amends that Act in relation to adoption, and

(c)amends the Adoption Act 1976 (c. 36) in relation to offences under sections 64 and 65 of the Sexual Offences Act 2003.

Commencement Information

I40S. 73 partly in force; s. 73 not in force at Royal Assent; s. 73 in force for certain purposes at 8.7.2008, see s. 153(2)(e)(3)

I41S. 73 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 35

Hatred on the grounds of sexual orientationE+W

74Hatred on the grounds of sexual orientationE+W

Schedule 16—

(a)amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation, and

(b)makes minor amendments of that Part.

Commencement Information

I42 S. 74 partly in force at Royal Assent, see s. 153(1)(j)(3)

I43S. 74 in force at 23.3.2010 in so far as not already in force by S.I. 2010/712, art. 2(a)

Offences relating to nuclear material and nuclear facilitiesE+W

75Offences relating to the physical protection of nuclear material and nuclear facilitiesE+W

(1)Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create—

(a)further offences relating to the physical protection of nuclear material, and

(b)offences relating to the physical protection of nuclear facilities,

and makes other amendments to that Act.

(2)Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).

Commencement Information

I44S. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(i)

Self-defence etc.E+W+N.I.

76Reasonable force for purposes of self-defence etc.E+W+N.I.

(1)This section applies where in proceedings for an offence—

(a)an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and

(b)the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.

(2)The defences are—

(a)the common law defence of self-defence; [F49and]

[F50(aa)the common law defence of defence of property; and]

(b)the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).

(3)The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.

(4)If D claims to have held a particular belief as regards the existence of any circumstances—

(a)the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but

(b)if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not—

(i)it was mistaken, or

(ii)(if it was mistaken) the mistake was a reasonable one to have made.

(5)But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.

[F51(5A)In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.]

(6)[F52In a case other than a householder case,] the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.

[F53(6A)In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.]

(7)In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—

(a)that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and

(b)that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.

(8)[F54Subsection (7) is] [F54Subsections (6A) and (7) are] not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).

[F55(8A)For the purposes of this section “a householder case” is a case where—

(a)the defence concerned is the common law defence of self-defence,

(b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c)D is not a trespasser at the time the force is used, and

(d)at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B)Where—

(a)a part of a building is a dwelling where D dwells,

(b)another part of the building is a place of work for D or another person who dwells in the first part, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C)Where—

(a)a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b)another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F)In subsections (8A) to (8C)—

  • building” includes a vehicle or vessel, and

  • forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.]

(9)This section [F56, except so far as making different provision for householder cases,] is intended to clarify the operation of the existing defences mentioned in subsection (2).

(10)In this section—

(a)legitimate purpose” means—

(i)the purpose of self-defence under the common law, [F57or]

[F58(ia)the purpose of defence of property under the common law, or]

(ii)the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);

(b)references to self-defence include acting in defence of another person; and

(c)references to the degree of force used are to the type and amount of force used.

Textual Amendments

F49Word in s. 76(2)(a) omitted (E.W. and in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F50S. 76(2)(aa) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F51S. 76(5A) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(2), 61(11)(b)(15)(16) (with s. 43(6))

F52Words in s. 76(6) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(3), 61(11)(b)(15)(16) (with s. 43(6))

F53S. 76(6A) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(3), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F54Words in s. 76(8) substituted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(4), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F55S. 76(8A)-(8F) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(4), 61(11)(b)(15)(16) (with s. 43(6))

F56Words in s. 76(9) inserted (E.W. and in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(5), 61(11)(b)(15)(16) (with s. 43(6))

F57Word in s. 76(10)(a) omitted (E.W. and in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

F58S. 76(10)(a)(ia) inserted (E.W. and in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2

Modifications etc. (not altering text)

C3S. 76(8B)-(8F) applied (with modifications) by Dangerous Dogs Act 1991 (c. 65), s. 3(1B) (as inserted (E.W.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 106(2)(b), 185(1); S.I. 2014/949, art. 3, Sch. para. 6)

Commencement Information

I45S. 76 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 36

Unlawfully obtaining etc. personal dataU.K.

F5977Power to alter penalty for unlawfully obtaining etc. personal dataU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

F6078New defence for purposes of journalism and other special purposesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

BlasphemyE+W

79Abolition of common law offences of blasphemy and blasphemous libelE+W

(1)The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.

(2)In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.

(3)In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.

(4)Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.

Part 6U.K.International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member StatesE+W+N.I.

F6180Requests to other member States: England and WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6181Procedure on issue of certificate: England and WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6182Requests to other member States: Northern IrelandN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6183Procedure on issue of certificate: Northern IrelandN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of financial penalties: requests from other member States E+W+N.I.

F6184Requests from other member States: England and WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6185Procedure on receipt of certificate by designated officerE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6186Modification of Magistrates' Courts Act 1980 etcE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6187Requests from other member States: Northern IrelandN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6188Procedure on receipt of certificate by clerk of petty sessionsN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6189Modification of Magistrates' Courts (Northern Ireland) Order 1981 etc N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6190Transfer of certificates to central authority for ScotlandE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6190ATransfer of certificates by Department of Justice to Lord Chancellor and vice versaE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of financial penalties: miscellaneousE+W+N.I.

F6191Recognition of financial penalties: generalE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6192Interpretation of sections 80 to 91 etc.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of prisonersU.K.

93Delivery of prisoner to place abroad for purposes of transfer out of the United KingdomE+W

In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—

(1)The effect of a warrant under section 1 providing for the transfer of the prisoner out of the United Kingdom shall be to authorise—

(a)the taking of the prisoner to any place in any part of the United Kingdom, his delivery at a place of departure from the United Kingdom into the custody of an appropriate person and his removal by that person from the United Kingdom to a place outside the United Kingdom; or

(b)the taking of the prisoner to any place in any part of the United Kingdom, his removal from the United Kingdom and his delivery, at the place of arrival from the United Kingdom, into the custody of an appropriate person.

(1A)In subsection (1) “appropriate person” means a person representing the appropriate authority of the country or territory to which the prisoner is to be transferred.

Commencement Information

I46S. 93 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 37

94Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant MinisterE+W

After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—

Transfer of responsibility for detention and release of offender present outside the country or territory in which he is required to be detainedE+W
4AIssue of warrant transferring responsibility for detention and release of offender

(1)This section enables responsibility for the detention and release of a person to whom subsection (2) or (3) applies to be transferred between the relevant Minister in the United Kingdom and the appropriate authority in a country or territory outside the British Islands.

(2)A person falls within this subsection if that person—

(a)is a person to whom section 1(7) applies by virtue of—

(i)an order made in the course of the exercise by a court or tribunal in any part of the United Kingdom of its criminal jurisdiction; or

(ii)any of the provisions of this Act or any similar provisions of the law of any part of the United Kingdom; and

(b)is present in a country or territory outside the British Islands.

(3)A person falls within this subsection if that person—

(a)is a person to whom section 1(7) applies by virtue of —

(i)an order made in the course of the exercise by a court or tribunal in a country or territory outside the British Islands of its criminal jurisdiction; or

(ii)any provisions of the law of such a country or territory which are similar to any of the provisions of this Act; and

(b)is present in the United Kingdom.

(4)Terms used in subsection (2)(a) and (3)(a) have the same meaning as in section 1(7).

(5)Subject to the following provisions of this section, where—

(a)the United Kingdom is a party to international arrangements providing for the transfer between the United Kingdom and a country or territory outside the British Islands of responsibility for the detention and release of persons to whom subsection (2) or (3) applies,

(b)the relevant Minister and the appropriate authority of that country or territory have each agreed to the transfer under those arrangements of responsibility for the detention and release of a particular person to whom subsection (2) or (3) applies (in this Act referred to as “the relevant person”), and

(c)in a case in which the terms of those arrangements provide for the transfer of responsibility to take place only with the relevant person's consent, that consent has been given,

the relevant Minister shall issue a warrant providing for the transfer of responsibility for the detention and release of the relevant person from that Minister (where subsection (2) applies) or to that Minister (where subsection (3) applies).

(6)The relevant Minister shall not issue a warrant under this section providing for the transfer of responsibility for the detention and release of a person to the relevant Minister unless—

(a)that person is a British citizen;

(b)the transfer appears to the relevant Minister to be appropriate having regard to any close ties which that person has with the United Kingdom.

(7)The relevant Minister shall not issue a warrant under this section where, after the duty in subsection (5) has arisen, circumstances arise or are brought to his attention which in his opinion make it inappropriate that the transfer of responsibility should take place.

(8)The relevant Minister shall not issue a warrant under this section (other than one superseding an earlier warrant) unless he is satisfied that all reasonable steps have been taken to inform the relevant person in writing in his own language—

(a)of the substance, so far as relevant to the case, of the international arrangements in accordance with which it is proposed to transfer responsibility for his detention and release;

(b)of the effect in relation to the relevant person of the warrant which it is proposed to issue under this section;

(c)in the case of a person to whom subsection (2) applies, of the effect in relation to his case of so much of the law of the country or territory concerned as has effect with respect to transfers under those arrangements of responsibility for his detention and release;

(d)in the case of a person to whom subsection (3) applies, of the effect in relation to his case of the law relating to his detention under that warrant and subsequent release (including the effect of any enactment or instrument under which he may be released earlier than provided for by the terms of the warrant); and

(e)of the powers of the relevant Minister under section 6;

and the relevant Minister shall not issue a warrant superseding an earlier warrant under this section unless the requirements of this subsection were fulfilled in relation to the earlier warrant.

(9)A consent given for the purposes of subsection (5)(c) shall not be capable of being withdrawn after a warrant under this section has been issued in respect of the relevant person; and, accordingly, a purported withdrawal of that consent after that time shall not affect the validity of the warrant, or of any provision which by virtue of section 6 subsequently supersedes provisions of that warrant, or of any direction given in relation to the prisoner under section 4B(3).

(10)In this section “relevant Minister” means—

(a)the Scottish Ministers in a case where the person who is the subject of the proposed transfer of responsibility is—

(i)a person to whom subsection (2) applies who is for the time being required to be detained at a place in Scotland; or

(ii)a person to whom subsection (3) applies, if it is proposed that he will be detained at a place in Scotland;

(b)the Secretary of State, in any other case.

4BTransfer of responsibility from the United Kingdom

(1)The effect of a warrant under section 4A relating to a person to whom subsection (2) of that section applies shall be to transfer responsibility for the detention and release of that person from the relevant Minister (as defined in section 4A(10)) to the appropriate authority of the country or territory in which he is present.

(2)Subject to subsections (3) to (6), the order by virtue of which the relevant person is required to be detained at the time such a warrant is issued in respect of him shall continue to have effect after the transfer of responsibility so as to apply to him if he comes to be in the United Kingdom at any time when under that order he is to be, or may be, detained.

(3)If, at any time after the transfer of responsibility, it appears to the relevant Minister appropriate to do so in order that effect may be given to the international arrangements in accordance with which the transfer took place, the relevant Minister may give a direction—

(a)varying the order referred to in subsection (2); or

(b)providing for the order to cease to have effect.

(4)In subsection (3) “relevant Minister” means—

(a)the Scottish Ministers, where Scotland is the part of the United Kingdom in which the order referred to in subsection (2) has effect; and

(b)the Secretary of State in any other case.

(5)The power by direction under subsection (3) to vary the order referred to in subsection (2) includes power by direction—

(a)to provide for how any period during which the detention and release of the relevant person is, by virtue of a warrant under section 4A, the responsibility of a country or territory outside the United Kingdom is to be treated for the purposes of the order; and

(b)to provide for the relevant person to be treated as having been released or discharged as mentioned in any paragraph of section 2(4)(b).

(6)Except in relation to any period during which a restriction order is in force in respect of the relevant person, subsection (2) shall not apply in relation to a hospital order; and, accordingly, a hospital order shall cease to have effect in relation to that person—

(a)at the time of the transfer of responsibility, if no restriction order is in force in respect of him at that time; and

(b)if at that time a restriction order is in force in respect of him, as soon after the transfer of responsibility as the restriction order ceases to have effect.

(7)In subsection (6) “hospital order” and “restriction order” have the same meaning as in section 2(6).

(8)References in this section to the order by virtue of which a person is required to be detained at the time a warrant under section 4A is issued in respect of him include references to any order by virtue of which he is required to be detained after the order by virtue of which he is required to be detained at that time ceases to have effect.

4CTransfer of responsibility to the United Kingdom

(1)The effect of a warrant under section 4A relating to a person to whom subsection (3) of that section applies shall be to transfer responsibility for the detention and release of that person to the relevant Minister (as defined in section 4A(10)) and to authorise—

(a)the taking of that person in custody to such place in any part of the United Kingdom as may be specified in the warrant, being a place at which effect may be given to the provisions contained in the warrant by virtue of paragraph (b); and

(b)the detention of that person in any part of the United Kingdom in accordance with such provisions as may be contained in the warrant, being provisions appearing to the relevant Minister to be appropriate for giving effect to the international arrangements in accordance with which responsibility for that person is transferred.

(2)A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions, that is to say—

(a)it is a provision with respect to the detention of a person in a prison, a hospital or any other institution; and

(b)it is a provision which at the time the warrant is issued may be contained in an order made either—

(i)in the course of the exercise of its criminal jurisdiction by a court in the part of the United Kingdom in which the person is to be detained; or

(ii)otherwise than by a court but for the purpose of giving effect to an order made as mentioned in sub-paragraph (i).

(3)Section 3(3) applies for determining for the purposes of paragraph (b) of subsection (1) above what provisions are appropriate for giving effect to the international arrangements mentioned in that paragraph in a relevant person's case as it applies for the purposes of section 3(1)(c) in the case of a prisoner who is to be transferred into the United Kingdom.

(4)Subject to subsection (6) and Part 2 of the Schedule to this Act, a provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall for all purposes have the same effect as the same provision contained in an order made as mentioned in sub-paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).

(5)A provision contained by virtue of subsection (1)(b) in a warrant under section 4A shall take effect with the delivery of the relevant person to the place specified in the warrant for the purposes of subsection (1)(a).

(6)Subsection (4) shall not confer any right of appeal on the relevant person against provisions contained by virtue of subsection (1)(b) in a warrant under this section.

(7)Part 2 of the Schedule to this Act shall have effect with respect to the operation of certain enactments in relation to provisions contained by virtue of subsection (1)(b) in a warrant under section 4A.

(8)For the purposes of determining whether at any particular time any such order as is mentioned in subsection (2)(b) could have been made as so mentioned, there shall be disregarded both—

(a)any requirement that certain conditions must be satisfied before the order is made; and

(b)any restriction on the minimum period in respect of which the order may be made.

Commencement Information

I47S. 94 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 38

95Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984E+W

After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by section 94) insert—

Persons believed to fall within section 4A(3): powers of arrest and detentionE+W
4DArrest and detention with a view to establishing whether a person falls within section 4A(3) etc.

(1)The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—

(a)considers that there are reasonable grounds for believing that a person in the United Kingdom is a person falling within section 4A(3), and

(b)has requested written confirmation from the country or territory concerned of the details of that person's case.

(2)The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

(3)The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

(4)The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).

(5)A person arrested under this section shall, as soon as is practicable—

(a)be given a copy of the warrant for his arrest; and

(b)be brought before the appropriate judge.

(6)The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.

(7)The purpose of an order under subsection (6) is to secure the detention of the person concerned while—

(a)written confirmation is obtained from a representative of the country or territory concerned of the details of his case;

(b)it is established whether he is a person falling within section 4A(3); and

(c)any application for an order under section 4E(6) is made in respect of him.

(8)Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

(9)Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.

(10)It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.

4EArrest and detention with a view to determining whether to issue a warrant under section 4A

(1)The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—

(a)considers that a person in the United Kingdom is a person falling within section 4A(3), and

(b)has received written confirmation from a representative of the country or territory concerned of the details of that person's case;

and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.

(2)The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).

(3)The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).

(4)The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).

(5)A person arrested under this section shall, as soon as is practicable—

(a)be given a copy of the warrant for his arrest; and

(b)be brought before the appropriate judge.

(6)The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who—

(a)is the subject of a certificate under this section, and

(b)the judge is satisfied is a person falling within section 4A(3),

shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.

(7)The purpose of an order under subsection (6) is to secure the detention of the person concerned until—

(a)it is determined whether to issue a warrant under section 4A; and

(b)if so determined, such a warrant is issued.

(8)Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).

(9)Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.

(10)It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.

4FSections 4D and 4E: supplementary provisions

(1)This section has effect for the purposes of sections 4D and 4E.

(2)A “designated person” is a person designated by the Secretary of State or the Scottish Ministers.

(3)The appropriate judge is—

(a)in England and Wales, any District Judge (Magistrates' Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;

(b)in Scotland, the sheriff of Lothian and Borders; and

(c)in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.

(4)A designation under subsection (2) or (3)(a) or (c) may be made—

(a)for the purposes of section 4D or 4E (or both); and

(b)for all cases or only for cases (or cases of a description) specified in the designation.

(5)A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.

Commencement Information

I48S. 95 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 39

96Amendments relating to ScotlandU.K.

(1)The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.

(2)In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.

(3)In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—

enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;.

Commencement Information

I49S. 96 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 40

Mutual legal assistance in revenue mattersE+W

97Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxationE+W

(1)In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—

(a)in paragraph (a), for “Commissioners of Customs and Excise” substitute “ Commissioners for Revenue and Customs ”; and

(b)in paragraph (b), for “a customs officer” substitute “ an officer of Revenue and Customs ”.

(2)Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.

Commencement Information

I50S. 97 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 41

Part 7 U.K.Violent offender orders

Violent offender ordersE+W

98Violent offender ordersE+W

(1)A violent offender order is an order made in respect of a qualifying offender which—

(a)contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and

(b)has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).

(2)For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

(a)the public in the United Kingdom, or

(b)any particular members of the public in the United Kingdom,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

(3)In this Part “specified offence” means—

(a)manslaughter;

(b)an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);

(c)an offence under section 18 of that Act (wounding with intent to cause grievous bodily harm);

(d)an offence under section 20 of that Act (malicious wounding);

(e)attempting to commit murder or conspiracy to commit murder; or

(f)a relevant service offence.

(4)The following are relevant service offences—

(a)any offence under—

(i)section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii)section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(iii)section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and

(b)any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.

(5)Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) 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 (4)(b).

[F62(6)The Secretary of State may by order—

(a)amend subsection (3);

(b)make consequential amendments to subsection (4).]

Textual Amendments

Commencement Information

I51S. 98 in force at 3.8.2009 by S.I. 2009/1842, art. 2(a)

99Qualifying offendersE+W

(1)In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).

(2)A person is within this subsection if (whether before or after the commencement of this Part)—

(a)the person has been convicted of a specified offence and either—

(i)a custodial sentence of at least 12 months was imposed for the offence, or

(ii)a hospital order was made in respect of it (with or without a restriction order),

(b)the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or

(c)the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.

(3)This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—

(a)a hospital order (with or without a restriction order), or

(b)a supervision order.

(4)A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—

(a)the person has been convicted of a relevant offence and either—

(i)a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or

(ii)an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,

(b)a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or

(c)such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).

(5)In subsection (4) “relevant offence” means an act which—

(a)constituted an offence under the law in force in the country concerned, and

(b)would have constituted a specified offence[F63, or the offence of murder,] if it had been done in England and Wales.

(6)An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.

(7)Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—

(a)denying that, on the facts as alleged with respect to the act in question, the condition is met,

(b)giving the reasons for denying that it is met, and

(c)requiring the applicant to prove that it is met.

(8)If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).

Textual Amendments

Commencement Information

I52S. 99 in force at 3.8.2009 by S.I. 2009/1842, art. 2(b)

100Applications for violent offender ordersE+W

(1)A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person—

(a)who resides in the chief officer's police area, or

(b)who the chief officer believes is in, or is intending to come to, that area,

if it appears to the chief officer that the conditions in subsection (2) are met.

(2)The conditions are—

(a)that the person is a qualifying offender, and

(b)that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.

(3)An application under this section may be made to any magistrates' court whose commission area includes—

(a)any part of the applicant's police area, or

(b)any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).

(4)The Secretary of State may by order make provision—

(a)for applications under this section to be made by such persons or bodies as are specified or described in the order;

(b)specifying cases or circumstances in which applications may be so made;

(c)for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.

(5)In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.

Commencement Information

I53S. 100 in force at 3.8.2009 by S.I. 2009/1842, art. 2(c)

101Making of violent offender ordersE+W

(1)This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).

(2)After hearing—

(a)the applicant, and

(b)P, if P wishes to be heard,

the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.

(3)The conditions are—

(a)that P is a qualifying offender, and

(b)that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.

(4)When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.

(5)A violent offender order may not be made so as to come into force at any time when P—

(a)is subject to a custodial sentence imposed in respect of any offence,

(b)is on licence for part of the term of such a sentence, or

(c)is subject to a hospital order or a supervision order made in respect of any offence.

(6)But such an order may be applied for, and made, at such a time.

Commencement Information

I54S. 101 in force at 3.8.2009 by S.I. 2009/1842, art. 2(d)

102Provisions that orders may containE+W

(1)A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—

(a)from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);

(b)from attending any specified event;

(c)from having any, or any specified description of, contact with any specified individual.

(2)Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).

(3)The Secretary of State may by order amend subsection (1).

(4)In this section “specified” means specified in the violent offender order concerned.

Commencement Information

I55S. 102 in force at 3.8.2009 by S.I. 2009/1842, art. 2(e)

103Variation, renewal or discharge of violent offender ordersE+W

(1)A person within subsection (2) may by complaint apply to the appropriate magistrates' court—

(a)for an order varying or discharging a violent offender order;

(b)for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.

(2)The persons are—

(a)the offender,

(b)the chief officer of police who applied for the order,

(c)(if different) the chief officer of police for the area in which the offender resides, and

(d)(if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.

(3)The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—

(a)a magistrates' court for the area in which the offender resides, or

(b)where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.

(4)On an application under this section the appropriate magistrates' court may, after hearing—

(a)the applicant, and

(b)any other persons mentioned in subsection (2) who wish to be heard,

make such order varying, renewing or discharging the violent offender order as the court considers appropriate.

But this is subject to subsections (5) to (7).

(5)A violent offender order may only be—

(a)renewed, or

(b)varied so as to impose additional prohibitions, restrictions or conditions on the offender,

if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).

(6)References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.

(7)The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—

(a)where the application under this section is made by a chief officer of police, by that chief officer, or

(b)where the application is made by the offender, by the chief officer of police for the area in which the offender resides.

Commencement Information

I56S. 103 in force at 3.8.2009 by S.I. 2009/1842, art. 2(f)

104Interim violent offender ordersE+W

(1)This section applies where an application under section 100 (“the main application”) has not yet been determined.

(2)An application for an order under this section (“an interim violent offender order”) may be made—

(a)by the complaint by which the main application is made, or

(b)if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.

(3)If it appears to the court—

(a)that the person to whom the main application relates (“P”) is a qualifying offender,

(b)that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and

(c)that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,

the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.

(4)The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.

(5)But an interim violent offender order may not be made so as to come into force at any time when the person—

(a)is subject to a custodial sentence for any offence,

(b)is on licence for part of the term of such a sentence, or

(c)is subject to a hospital order or a supervision order made in respect of any offence.

(6)An interim violent offender order—

(a)has effect only for such period as is specified in the order, and

(b)ceases to have effect (if it has not already done so) at the appropriate time.

(7)The appropriate time” means—

(a)if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;

(b)if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.

(8)Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).

Commencement Information

I57S. 104 in force at 3.8.2009 by S.I. 2009/1842, art. 2(g)

105Notice of applicationsE+W

(1)This section applies to—

(a)any application under section 100 for a violent offender order,

(b)any application under section 104 for an interim violent offender order, and

(c)any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.

(2)A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—

(a)the application, and

(b)the time and place of the hearing,

a reasonable time before the hearing.

(3)In this section “the relevant person” means—

(a)the person to whom the application mentioned in subsection (1)(a) or (b) relates, or

(b)the person in respect of whom the order mentioned in subsection (1)(c) has been made,

as the case may be.

Commencement Information

I58S. 105 in force at 3.8.2009 by S.I. 2009/1842, art. 2(h)

106AppealsE+W

(1)A person in respect of whom—

(a)a violent offender order, or

(b)an interim violent offender order,

has been made may appeal to the Crown Court against the making of the order.

(2)Such a person may also appeal to the Crown Court against—

(a)the making of an order under section 103, or

(b)any refusal to make such an order.

(3)On an appeal under this section, the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(4)For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.

Commencement Information

I59S. 106 in force at 3.8.2009 by S.I. 2009/1842, art. 2(i)

Notification requirementsE+W

107Offenders subject to notification requirementsE+W

(1)References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—

(a)a violent offender order, or

(b)an interim violent offender order,

which is in force under this Part.

(2)Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).

Commencement Information

I60S. 107 in force at 3.8.2009 by S.I. 2009/1842, art. 2(j)

108Notification requirements: initial notificationE+W

(1)An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—

(a)the violent offender order, or

(b)the interim violent offender order,

comes into force in relation to the offender (“the relevant date”).

(2)The “required information” is the following information about the offender—

(a)date of birth;

(b)national insurance number;

(c)name on the relevant date or, if the offender used two or more names on that date, each of those names;

(d)home address on the relevant date;

(e)name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;

(f)home address on the date on which the notification is given;

(g)the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;

(h)any prescribed information.

(3)In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

(4)When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—

(a)remanded in or committed to custody by an order of a court or kept in service custody;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)In this Part “home address” means in relation to the offender—

(a)the address of the offender's sole or main residence in the United Kingdom, or

(b)if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

Commencement Information

I61S. 108 in force at 3.8.2009 by S.I. 2009/1842, art. 2(k)

109Notification requirements: changesE+W

(1)An offender subject to notification requirements must notify to the police—

(a)the required new information, and

(b)the information mentioned in section 108(2),

within the period of 3 days beginning with the date on which any notifiable event occurs.

(2)A “notifiable event” means—

(a)the use by the offender of a name which has not been notified to the police under section 108 or this section;

(b)any change of the offender's home address;

(c)the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,

(d)any prescribed change of circumstances, or

(e)the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.

(3)The “required new information” is—

(a)the name referred to in subsection (2)(a),

(b)the new home address (see subsection (2)(b)),

(c)the address of the premises referred to in subsection (2)(c),

(d)the prescribed details, or

(e)the fact that the offender has been released as mentioned in subsection (2)(e),

as the case may be.

(4)A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.

(5)If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).

(6)If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—

(a)the notification does not affect the duty imposed by subsection (1), and

(b)the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.

(7)Section 108(4) applies to the determination of—

(a)any period of 3 days for the purposes of subsection (1), or

(b)any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section 108(1).

(8)In this section—

(a)prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b)the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(9)In this section “qualifying period” means—

(a)a period of 7 days, or

(b)two or more periods, in any period of 12 months, which taken together amount to 7 days.

Commencement Information

I62S. 109 in force at 3.8.2009 by S.I. 2009/1842, art. 2(l)

110Notification requirements: periodic notificationE+W

(1)An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.

(2)A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.

(3)Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.

(4)This subsection applies if the offender is—

(a)remanded in or committed to custody by an order of a court or kept in service custody,

(b)serving a sentence of imprisonment or a term of service detention,

(c)detained in a hospital, or

(d)outside the United Kingdom.

(5)In this section “the applicable period” means—

(a)in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).

(7)Nothing in this section applies to an offender who is subject to an interim violent offender order.

Commencement Information

I63S. 110 in force at 3.8.2009 by S.I. 2009/1842, art. 2(m)

111Notification requirements: travel outside United KingdomE+W

(1)The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—

(a)requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);

(b)requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).

(2)A notification under this subsection must disclose—

(a)the date on which the offender proposes to leave the United Kingdom;

(b)the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;

(c)any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.

(3)A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

Commencement Information

I64S. 111 in force at 3.8.2009 by S.I. 2009/1842, art. 2(n)

112Method of notification and related mattersE+W

(1)An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—

(a)attending at any police station in the offender's local police area, and

(b)giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.

(2)An offender giving a notification under section 109(1)—

(a)in relation to a prospective change of home address, or

(b)in relation to such premises as are mentioned in section 109(2)(c),

may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.

(3)Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—

(a)in writing, and

(b)in such form as the Secretary of State may direct.

(4)Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—

(a)take the offender's fingerprints,

(b)photograph any part of the offender, or

(c)do both of those things,

in order to verify the offender's identity.

(5)In this section—

  • local police area”, in relation to the offender, means—

    (a)

    the police area in England and Wales in which the home address is situated,

    (b)

    in the absence of a home address in England and Wales, the police area in England and Wales in which the home address last notified is situated, or

    (c)

    in the absence of such a home address and any such notification, the police area in which the court that made the violent offender order (or, as the case may be, the interim violent offender order) is situated;

  • photograph” includes any process by means of which an image may be produced.

Commencement Information

I65S. 112 in force at 3.8.2009 by S.I. 2009/1842, art. 2(o)

SupplementaryU.K.

113OffencesU.K.

(1)If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—

(a)a violent offender order, or

(b)an interim violent offender order,

the person commits an offence.

(2)If a person fails, without reasonable excuse, to comply with—

(a)section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or

(b)any requirement imposed by regulations made under section 111(1),

the person commits an offence.

(3)If a person notifies to the police, in purported compliance with—

(a)section 108(1), 109(1) or 110(1), or

(b)any requirement imposed by regulations made under section 111(1),

any information which the person knows to be false, the person commits an offence.

(4)As regards an offence under subsection (2), so far as it relates to non-compliance with—

(a)section 108(1), 109(1) or 110(1), or

(b)any requirement imposed by regulations made under section 111(1),

a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.

(5)But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

(7)In subsection (6)(a) “the relevant period” means—

(a)in relation to England and Wales and Scotland, 12 months;

(b)in relation to Northern Ireland, 6 months.

(8)Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Commencement Information

I66S. 113 in force at 3.8.2009 by S.I. 2009/1842, art. 2(p)

114Supply of information to Secretary of State etc.E+W

(1)This section applies to information notified to the police under section 108(1), 109(1) or 110(1).

(2)A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a)the Secretary of State, or

(b)a person providing services to the Secretary of State in connection with a relevant function,

for use for the purpose of verifying the information.

(3)In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—

(a)checking its accuracy by comparing it with information held—

(i)where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or

(ii)where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and

(b)compiling a report of that comparison.

(4)Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).

(5)This section does not authorise the doing of anything that contravenes [F64the data protection legislation].

(6)This section does not affect any power to supply information that exists apart from this section.

[F65(6A)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

(7)In this section “relevant function” means—

(a)a function relating to social security, child support, employment or training,

(b)a function relating to passports, or

(c)a function under Part 3 of the Road Traffic Act 1988 (c. 52).

Textual Amendments

Commencement Information

I67S. 114 in force at 3.8.2009 by S.I. 2009/1842, art. 2(q)

115Supply of information by Secretary of State etc.E+W

(1)A report compiled under section 114 may be supplied to a chief officer of police by—

(a)the Secretary of State, or

(b)a person within section 114(2)(b).

(2)Such a report may contain any information held—

(a)by the Secretary of State in connection with the exercise of a relevant function, or

(b)by a person within section 114(2)(b) in connection with the provision of services as mentioned there.

(3)Where such a report contains information within subsection (2), the chief officer to whom it is supplied—

(a)may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and

(b)may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(4)Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.

Commencement Information

I68S. 115 in force at 3.8.2009 by S.I. 2009/1842, art. 2(r)

116Information about release or transferE+W

(1)This section applies to an offender subject to notification requirements who is—

(a)serving a sentence of imprisonment or a term of service detention, or

(b)detained in a hospital.

(2)The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—

(a)of the fact that that person has become responsible for the offender; and

(b)of any occasion when—

(i)the offender is released, or

(ii)a different person is to become responsible for the offender.

(3)In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.

(4)The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

Commencement Information

I69S. 116 in force at 3.8.2009 by S.I. 2009/1842, art. 2(s)

117Interpretation of Part 7E+W

(1)In this Part—

  • the appropriate date” has the meaning given by section 100(5);

  • country” includes territory;

  • custodial sentence” means—

    (a)

    a sentence of imprisonment, any other sentence or order mentioned in [F66section 222(1) of the Sentencing Code] (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under [F67any enactment passed before that section came into force], or

    (b)

    a relevant service sentence (see subsection (2) below);

  • home address” has the meaning given by section 108(5);

  • hospital order” means—

    (a)

    an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or

    (b)

    any other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;

  • interim violent offender order” means an order made under section 104;

  • kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (c. 52);

  • the offender”, in relation to a violent offender order or an interim violent offender order, means the person in respect of whom the order is made;

  • qualifying offender” has the meaning given by section 99(1);

  • restriction order” means an order under section 41 of the Mental Health Act 1983 or section 65 of the Mental Health Act 1959;

  • service detention” has the meaning given by section 374 of the Armed Forces Act 2006;

  • specified offence” has the meaning given by section 98(3);

  • supervision order” means—

    (a)

    a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), or

    (b)

    a supervision and treatment order within the meaning of Schedule 2 to that Act;

  • violent offender order” has the meaning given by section 98(1).

(2)The following are relevant service sentences—

(a)a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b)a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;

(c)a sentence under a custodial order within the meaning of—

(i)section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or

(ii)section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;

(d)a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).

(3)References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).

(4)References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.

(5)References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.

(6)The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—

  • “detained in a hospital” (see sections 133 and 135 of that Act);

  • “sentence of imprisonment” (see section 131 of that Act);

and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.

Textual Amendments

F66Words in s. 117(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 269(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F67Words in s. 117(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 269(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I70S. 117 in force at 3.8.2009 by S.I. 2009/1842, art. 2(t)

Part 8 E+W+N.I.Anti-social behaviour

Premises closure ordersE+W

F68118Closure orders: premises associated with persistent disorder or nuisanceE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68S. 118 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(hh) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

Nuisance or disturbance on hospital premisesE+W+N.I.

119Offence of causing nuisance or disturbance on NHS premisesE+W

(1)A person commits an offence if—

(a)the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,

(b)the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and

(c)the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

(2)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)For the purposes of this section—

(a)a person ceases to be on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

(b)a person is not on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

(4)In this section—

  • English NHS premises” means—

    (a)

    any hospital vested in, or managed by, a relevant English NHS body,

    (b)

    any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and

    (c)

    the hospital grounds,

  • hospital grounds” means land in the vicinity of a hospital and associated with it,

  • NHS premises” means English NHS premises or Welsh NHS premises,

  • NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),

  • relevant English NHS body” means—

    (a)

    a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England,

    (b)

    F69...

    (c)

    an NHS foundation trust (see section 30 of that Act),

  • relevant Welsh NHS body” means—

    (a)

    a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, or

    (b)

    a Local Health Board (see section 11 of that Act),

  • vehicle” includes an air ambulance,

  • Welsh NHS premises” means—

    (a)

    any hospital vested in, or managed by, a relevant Welsh NHS body,

    (b)

    any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and

    (c)

    the hospital grounds.

Textual Amendments

Commencement Information

I71S. 119(1)-(3) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(a)

I72S. 119(4) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(a)

120Power to remove person causing nuisance or disturbanceE+W

(1)If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.

(2)If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—

(a)remove the person from the NHS premises concerned, or

(b)authorise an appropriate NHS staff member to do so.

(3)Any person removing another person from NHS premises under this section may use reasonable force (if necessary).

(4)An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—

(a)the person to be removed requires medical advice, treatment or care for himself or herself, or

(b)the removal of the person would endanger the person's physical or mental health.

(5)In this section—

  • “appropriate NHS staff member”—

    (a)

    in relation to English NHS premises, means an English NHS staff member, and

    (b)

    in relation to Welsh NHS premises, means a Welsh NHS staff member,

  • “authorised officer”—

    (a)

    in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, and

    (b)

    in relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises,

  • English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),

  • Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).

(6)Terms defined in section 119 have the same meaning in this section as in that section.

Commencement Information

I73S. 120(1)-(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(b)

I74S. 120(5)(6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(b)

121Guidance about the power to remove etc.E+W

(1)The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.

(2)Such guidance may, in particular, relate to—

(a)the authorisation by relevant NHS bodies of authorised officers,

(b)the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,

(c)training requirements for authorised officers and persons authorised by them to remove persons under section 120,

(d)matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,

(e)matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

(f)the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in section 120,

(g)the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,

(h)arrangements for ensuring that persons on NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or

(i)the keeping of records.

(3)Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.

(4)A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.

(5)In this section—

  • “appropriate national authority”—

    (a)

    in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and

    (b)

    in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers,

  • appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120,

  • relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.

(6)Terms defined in section 119 have the same meaning in this section as in that section.

Commencement Information

I75S. 121(1)-(3) (5) (6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(c)

I76S. 121(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(c)

122Nuisance or disturbance on HSS premisesN.I.

Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.

Commencement Information

I77S. 122 in force at 22.6.2009 by S.R. 2009/243, art. 2(a)

Anti-social behaviour orders etc. in respect of children and young personsE+W

F70123Review of anti-social behaviour orders etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I78S. 123 in force at 1.2.2009 by S.I. 2009/140, art. 2(b)

F71124Individual support ordersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I79S. 124 in force at 1.2.2009 by S.I. 2009/140, art. 2(c)

Parenting contracts and parenting ordersE+W

125Parenting contracts and parenting orders: local authoritiesE+W

(1)Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.

(2)In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—

(aa)a district council in England;.

(3)In section 26B (parenting orders: registered social landlords)—

(a)in subsection (8), after “the local authority” insert “ (or, if subsection (8A) applies, each local authority) ”;

(b)after that subsection insert—

(8A)This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.;

(c)in subsection (10)(a), after “the local authority” insert “ (or authorities) ”.

(4)In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

(3A)Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—

(a)the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority's area;

(b)the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;

(c)the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.

(3B)For the purposes of subsection (3A)(b) and (c)—

(a)an individual's local authority is the local authority in whose area the individual resides or appears to reside; but

(b)if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual's local authority is to be read as a reference to either of those authorities.

Commencement Information

I80S. 125 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(b)

Part 9 E+WPolicing

Misconduct procedures etc.E+W

126Police misconduct and performance proceduresE+W

(1)Part 1 of Schedule 22—

(a)amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the conduct and performance of members of police forces and special constables, and

(b)makes other minor amendments to that Act.

(2)Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.

(3)Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.

Commencement Information

I81S. 126(1) in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 42

I82S. 126(1) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 9

I83S. 126(1)(3) in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(c)

I84S. 126(2) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(j)

127Investigation of complaints of police misconduct etc.E+W

Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further provision about the investigation of complaints of police misconduct and other matters.

Commencement Information

I85S. 127 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 10

I86S. 127 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(d)

Financial assistanceE+W

128Financial assistance under section 57 of Police Act 1996E+W

(1)After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—

(1A)The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.

(1B)Financial assistance under subsection (1)—

(a)may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and

(b)may be given subject to terms and conditions determined by the Secretary of State;

but any financial assistance under that subsection other than a grant requires the consent of the Treasury.

(1C)Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.

(1D)Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.

(2)Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.

InspectionE+W

129Inspection of police authoritiesE+W

In section 54 of the Police Act 1996 (c. 16) (appointment and functions of inspectors of constabulary) for subsection (2A) substitute—

(2A)The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, a police authority's performance of its functions or of any particular function or functions (including in particular its compliance with the requirements of Part 1 of the Local Government Act 1999 (best value)).

Commencement Information

I87S. 129 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 11

Prospective

Part 10U.K.Special immigration status

130DesignationU.K.

(1)The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).

(2)Condition 1 is that the person—

(a)is a foreign criminal within the meaning of section 131, and

(b)is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).

(3)Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.

(4)A person who has the right of abode in the United Kingdom may not be designated.

(5)The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—

(a)the United Kingdom's obligations under the Refugee Convention, F72...

F72(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131“Foreign criminal”U.K.

(1)For the purposes of section 130 “foreign criminal” means a person who—

(a)is not a British citizen, and

(b)satisfies any of the following Conditions.

(2)Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).

(3)Condition 2 is that—

(a)section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and

(b)the person has been sentenced to a period of imprisonment.

(4)Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).

(5)Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.

(6)Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.

132Effect of designationU.K.

(1)A designated person does not have leave to enter or remain in the United Kingdom.

(2)For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—

(a)is a person subject to immigration control,

(b)is not to be treated as an asylum-seeker or a former asylum-seeker, and

(c)is not in the United Kingdom in breach of the immigration laws.

(3)Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.

(4)A designated person—

(a)shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and

(b)may not be granted [F73immigration bail under Schedule 10 to the Immigration Act 2016.]

(5)Sections 134 and 135 make provision about support for designated persons and their dependants.

Textual Amendments

F73Words in s. 132(4)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 42; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

133ConditionsU.K.

(1)The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.

(2)A condition may relate to—

(a)residence,

(b)employment or occupation, or

(c)reporting to the police, the Secretary of State or an immigration officer.

[F74(3)If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.

(3A)Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.

(4)Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.]

(5)A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.

(6)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale,

(b)imprisonment for a period not exceeding 51 weeks, or

(c)both.

(7)A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.

(8)In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

Textual Amendments

134SupportU.K.

(1)Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.

(2)But the following provisions of that Part shall not apply—

(a)section 96 (kinds of support),

(b)section 97(1)(b) (desirability of providing accommodation in well-supplied area),

(c)section 100 (duty to co-operate in providing accommodation),

(d)section 101 (reception zones),

(e)section 108 (failure of sponsor to maintain),

(f)section 111 (grants to voluntary organisations), and

(g)section 113 (recovery of expenditure from sponsor).

(3)Support may be provided under section 95 of the 1999 Act as applied by this section—

(a)by providing accommodation appearing to the Secretary of State to be adequate for a person's needs;

(b)by providing what appear to the Secretary of State to be essential living needs;

(c)in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.

(4)Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.

(5)Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.

F75(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

135Support: supplementalU.K.

(1)A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—

(a)a reference to section 96 shall be treated as including a reference to section 134(3) above,

(b)a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and

(c)a reference to asylum-seekers shall be treated as including a reference to designated persons.

(2)A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.

F76(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any F77... instrument under Part VI of the 1999 Act—

(a)may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and

(b)may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.

(5)In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.

(6)The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).

F78(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136End of designationU.K.

(1)Designation lapses if the designated person—

(a)is granted leave to enter or remain in the United Kingdom,

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)leaves the United Kingdom, or

(d)is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).

(2)After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.

(3)Exception 1 is that, if designation lapses under subsection (1)(a) F80..., support may be provided in respect of a period which—

(a)begins when the designation lapses, and

(b)ends on a date determined in accordance with an order of the Secretary of State.

(4)Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—

(a)any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),

(b)any period during which an appeal against the deportation order is pending, and

(c)after an appeal ceases to be pending, such period as the Secretary of State may specify by order.

137Interpretation: generalU.K.

(1)This section applies to sections 130 to 136.

(2)A reference to a designated person is a reference to a person designated under section 130.

(3)Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).

(4)Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.

(5)The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

(6)Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(7)A voucher is not cash.

(8)A reference to a pending appeal has the meaning given by section 104(1) of that Act.

(9)A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.

Part 11 E+W+N.I.Miscellaneous

Industrial action by prison officersE+W

138Amendment of section 127 of Criminal Justice and Public Order Act 1994E+W

(1)Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.

(2)In subsection (1), for paragraph (a) substitute—

(a)to take (or continue to take) any industrial action;.

(3)After subsection (1) insert—

(1A)In subsection (1) “industrial action” means—

(a)the withholding of services as a prison officer; or

(b)any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).

(4)In subsection (4), after paragraph (a) insert—

(aa)holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),.

(5)In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—

(b)holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;.

Commencement Information

I88S. 138 partly in force; s. 138(1)-(4) in force at Royal Assent, see s. 153(1)(d)

139Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994E+W

After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

127APower to suspend the operation of section 127

(1)The Secretary of State may make orders suspending, or later reviving, the operation of section 127.

(2)An order under this section may make different provision in relation to different descriptions of prison officer.

(3)The power to make orders under this section is exercisable by statutory instrument.

(4)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

Sex offendersE+W+N.I.

140Disclosure of information about convictions etc. of child sex offenders to members of the publicE+W

(1)After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

327ADisclosure of information about convictions etc. of child sex offenders to members of the public

(1)The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.

(2)In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3)The case is where the responsible authority for the area has reasonable cause to believe that—

(a)a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and

(b)the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.

(4)The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.

(5)Where the responsible authority makes a disclosure under this section—

(a)it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b)it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person.

(6)Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances.

(7)The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8)The record must include the following information—

(a)the reasons for making a decision to disclose information under this section,

(b)the reasons for making a decision not to disclose information under this section, and

(c)the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9)Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(10)This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.

327BSection 327A: interpretation

(1)This section applies for the purposes of section 327A.

(2)Child” means a person under 18.

(3)Child sex offence” means an offence listed in Schedule 34A, whenever committed.

(4)Child sex offender” means any person who—

(a)has been convicted of such an offence,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d)has been cautioned in respect of such an offence.

(5)In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about—

(a)convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

(b)anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described).

(6)References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).

(7)A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325.

(8)For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(9)In this section “cautioned”, in relation to any person and any offence, means—

(a)cautioned after the person has admitted the offence, or

(b)reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(10)Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.

(2)After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.

Commencement Information

I89S. 140 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 43

141Sexual offences prevention orders: relevant sexual offencesE+W+N.I.

(1)In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—

(13)Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.

(14)In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—

(a)to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or

(b)to the age of any person,

is to be disregarded.

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I90S. 141 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 44

142Notification requirements: prescribed informationE+W+N.I.

(1)In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—

(a)at the end of subsection (5) insert—

(h)any prescribed information.; and

(b)after that subsection insert—

(5A)In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

(2)Section 84 of that Act (notification requirements: changes) is amended as follows.

(3)In subsection (1)—

(a)after “1997,” in paragraph (c) insert—

(ca)any prescribed change of circumstances,; and

(b)after “the address of those premises” insert “ , the prescribed details ”.

(4)In subsection (2) after “home address” insert “ or the prescribed change of circumstances ”.

(5)After subsection (5) insert—

(5A)In this section—

(a)prescribed change of circumstances” means any change—

(i)occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and

(ii)of a description prescribed by regulations made by the Secretary of State;

(b)the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

(6)Section 85 of that Act (notification requirements: periodic notification) is amended as follows.

(7)In subsection (1), for “the period of one year” substitute “ the applicable period ”.

(8)In subsection (3), for “the period referred to in subsection (1)” substitute “ the applicable period ”.

(9)After subsection (4) insert—

(5)In this section, “the applicable period” means—

(a)in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and

(b)in any other case, the period of one year.

(6)This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).

(10)In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “ any of sections 83 to 86 or section 130 ”.

(11)This section extends to England and Wales and Northern Ireland only.

Commencement Information

I91S. 142 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 45

Persistent sales of tobacco to persons under 18E+W

143Persistent sales of tobacco to persons under 18E+W

(1)The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)After section 12 insert—

Persistent sales of tobacco to persons under 18E+W
12ARestricted premises orders

(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).

(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).

(3)A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person.

(4)The prohibition applies to sales whether made—

(a)by the offender or any other person, or

(b)by means of any machine kept on the premises or any other means.

(5)The order has effect for the period specified in the order, but that period may not exceed one year.

(6)The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.

(7)The court may make the order if (and only if) it is satisfied that—

(a)on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences in relation to the relevant premises, and

(b)the applicant has complied with subsection (6).

(8)Persons affected by the application may make representations to the court as to why the order should not be made.

(9)If—

(a)a person affected by an application for a restricted premises order was not given notice under subsection (6), and

(b)consequently the person had no opportunity to make representations to the court as to why the order should not be made,

the person may by complaint apply to the court for an order varying or discharging it.

(10)On an application under subsection (9) the court may, after hearing—

(a)that person, and

(b)the applicant for the restricted premises order,

make such order varying or discharging the restricted premises order as it considers appropriate.

(11)For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—

(a)the occupier of the premises, and

(b)any other person who has an interest in the premises.

12BRestricted sale orders

(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).

(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.

(3)A restricted sale order is an order prohibiting the person to whom it relates—

(a)from selling any tobacco or cigarette papers to any person,

(b)from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person,

(c)from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and

(d)from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco.

(4)The order has effect for the period specified in the order, but that period may not exceed one year.

(5)The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences.

(6)In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.

12CEnforcement

(1)If—

(a)a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and

(b)the person knew, or ought reasonably to have known, that the sale was in contravention of the order,

the person commits an offence.

(2)If a person fails to comply with a restricted sale order, the person commits an offence.

(3)It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4)A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000.

(5)A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.

12DInterpretation

(1)In sections 12A and 12B a “tobacco offence” means—

(a)an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or

(b)an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).

(2)In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.

(3)In sections 12A and 12B “notice” means notice in writing.

(3)In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

(f)in the case of a restricted premises order under section 12A or a restricted sale order under section 12B, by any person aggrieved.

Commencement Information

I92S. 143 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(c)

Penalties for serious contraventions of data protection principlesE+W

144Power to require data controllers to pay monetary penaltyE+W

(1)After section 55 of the Data Protection Act 1998 (c. 29) insert—

Monetary penaltiesE+W
55APower of Commissioner to impose monetary penalty

(1)The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that—

(a)there has been a serious contravention of section 4(4) by the data controller,

(b)the contravention was of a kind likely to cause substantial damage or substantial distress, and

(c)subsection (2) or (3) applies.

(2)This subsection applies if the contravention was deliberate.

(3)This subsection applies if the data controller—

(a)knew or ought to have known —

(i)that there was a risk that the contravention would occur, and

(ii)that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but

(b)failed to take reasonable steps to prevent the contravention.

(4)A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice.

(5)The amount determined by the Commissioner must not exceed the prescribed amount.

(6)The monetary penalty must be paid to the Commissioner within the period specified in the notice.

(7)The notice must contain such information as may be prescribed.

(8)Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund.

(9)In this section—

  • data controller” does not include the Crown Estate Commissioners or a person who is a data controller by virtue of section 63(3);

  • prescribed” means prescribed by regulations made by the Secretary of State.

55BMonetary penalty notices: procedural rights

(1)Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent.

(2)A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice.

(3)A notice of intent must—

(a)inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and

(b)contain such other information as may be prescribed.

(4)The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired.

(5)A person on whom a monetary penalty notice is served may appeal to the Tribunal against—

(a)the issue of the monetary penalty notice;

(b)the amount of the penalty specified in the notice.

(6)In this section, “prescribed” means prescribed by regulations made by the Secretary of State.

55CGuidance about monetary penalty notices

(1)The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B.

(2)The guidance must, in particular, deal with—

(a)the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and

(b)how he will determine the amount of the penalty.

(3)The Commissioner may alter or replace the guidance.

(4)If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.

(5)The Commissioner may not issue guidance under this section without the approval of the Secretary of State.

(6)The Commissioner must lay any guidance issued under this section before each House of Parliament.

(7)The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate.

(8)In subsections (5) to (7), “guidance” includes altered or replacement guidance.

55DMonetary penalty notices: enforcement

(1)This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A.

(2)In England and Wales, the penalty is recoverable—

(a)if a county court so orders, as if it were payable under an order of that court;

(b)if the High Court so orders, as if it were payable under an order of that court.

(3)In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4)In Northern Ireland, the penalty is recoverable—

(a)if a county court so orders, as if it were payable under an order of that court;

(b)if the High Court so orders, as if it were payable under an order of that court.

55ENotices under sections 55A and 55B: supplemental

(1)The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent.

(2)An order under this section may in particular—

(a)provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order;

(b)make provision for the cancellation or variation of monetary penalty notices;

(c)confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices;

(d)make provision for the proceedings of the Tribunal in respect of appeals under section 55B(5) or appeals made by virtue of paragraph (c);

(e)make provision for the determination of such appeals;

(f)confer rights of appeal against any decision of the Tribunal in relation to monetary penalty notices or their cancellation or variation.

(3)An order under this section may apply any provision of this Act with such modifications as may be specified in the order.

(4)An order under this section may amend this Act.

(2)In section 67 of that Act (orders, regulations, rules)—

(a)in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and

(b)in subsection (5) after paragraph (c) insert—

(ca)regulations under section 55A(5) or (7) or 55B(3)(b),.

Commencement Information

I93S. 144(1) in force at 1.10.2009 for specified purposes by S.I. 2009/2606, art. 2(n)

I94S. 144(1) in force at 6.4.2010 in so far as not already in force by S.I. 2010/712, art. 4

I95S. 144(2) in force at 1.10.2009 by S.I. 2009/2606, art. 2(o)

Armed forces legislationE+W

145Amendments to armed forces legislationE+W

Schedule 25 contains—

(a)amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and

(b)transitional provision relating to certain of those amendments.

Commencement Information

I96S. 145 in force at 31.10.2009 for specified purposes by S.I. 2009/1028, art. 2

I97S. 145 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(d)

Automatic deportation of criminalsE+W

146Convention against human traffickingE+W

After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—

(6A)Exception 6 is where the Secretary of State thinks that the application of section 32(4) and (5) would contravene the United Kingdom's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005).

Commencement Information

I98S. 146 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(d)

Part 12 U.K.General

147Orders, rules and regulationsU.K.

(1)Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.

[F82(1A)Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

(2)Any [F83orders or regulations falling within subsection (1) or (1A)]

(a)may make provision generally or only for specified cases or circumstances;

(b)may make different provision for different cases, circumstances or areas;

(c)may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(3)Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Subsection (3) does not apply to—

(a)a statutory instrument containing an order under section 153,

F84(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or

(d)a statutory instrument to which subsection (5) applies.

(5)A statutory instrument containing (whether alone or with other provision)—

F85(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order under section 48(2),

(c)an order under section 77,

F86(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F87(da)an order under section 98(6),]

(e)an order under section 102,

(f)regulations under any of sections 108 to 111,

(g)an order under section 135(6),

(h)an order under section 148(3) which amends or repeals any provision of an Act,

F88(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)rules under paragraph 2(4)(a) of Schedule 6, or

(l)an order under paragraph 6 of Schedule 7,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

[F89(5A)Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(5B)Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(5C)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

(6)An order under section 153(5)(b) is to be made by statutory instrument.

(7)An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Textual Amendments

Modifications etc. (not altering text)

C4S. 147 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

148Consequential etc. amendments and transitional and saving provisionU.K.

(1)Schedule 26 contains minor and consequential amendments.

(2)Schedule 27 contains transitory, transitional and saving provisions.

(3)The Secretary of State may by order make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(4)An order under subsection (3) may, in particular—

(a)provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

(b)amend, repeal or revoke any provision of—

(i)any Act (including this Act and any Act passed in the same Session as this Act);

(ii)subordinate legislation made before the passing of this Act;

(iii)Northern Ireland legislation passed, or made, before the passing of this Act; and

(iv)any instrument made, before the passing of this Act, under Northern Ireland legislation.

(5)Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.

(6)The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.

(7)In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(8)Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

(9)The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

(10)Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

Commencement Information

I99 S. 148(1) in force at Royal Assent for specified purposes, see s. 153(1)(a)(k)(3) and in force for further specified purposes at 8.7.2008, see s. 153(2)(b)(c)(3); s. 148(2) in force for specified purposes at 8.7.2008, see s. 153(2)(f)(3); s. 148(3)-(7) in force at Royal Assent, see s. 153(1)(f)

I100S. 148(1)(2) in force at 9.6.2008 for specified purposes by S.I. 2008/1466, art. 2(b)

I101S. 148(1)(2) in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 46

I102S. 148(1) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 12

I103S. 148(1)(2) in force at 26.1.2009 for specified purposes by S.I. 2008/2993, art. 2(2)(h)

I104S. 148(1) in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(d)

I105S. 148(1) in force at 8.7.2009 for specified purposes by S.I. 2009/1678, arts. 2(a), 3(a)

I106S. 148(1) in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(e)

I107S. 148(1)(2) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(b)(2)

I108S. 148(1) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(3)

I109S. 148(1)(2) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(k)

I110S. 148(1) in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(b)

I111S. 148(1) in force at 1.4.2010 for specified purposes by S.I. 2010/712, art. 3(a)

I112S. 148(1) in force at 8.4.2013 by S.I. 2013/616, art. 2(a)

I113S. 148(2) in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(e)

I114S. 148(2) in force at 19.12.2008 for specified purposes by S.I. 2008/3260, art. 2(1)(c)

I115S. 148(2) in force at 1.2.2009 for specified purposes by S.I. 2009/140, art. 2(d)

I116S. 148(2) in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(e)

I117S. 148(2) in force at 3.8.2009 for specified purposes by S.I. 2009/1842, art. 2(u)

I118S. 148(2) in force at 1.10.2009 for specified purposes by S.I. 2009/2606, art. 2(p)

149Repeals and revocationsU.K.

Schedule 28 contains repeals and revocations, including repeals of spent enactments.

Commencement Information

I119S. 149 partly in force; s. 149 in force for specified purposes at Royal Assent, see s. 153(1)(a)(j)(3) and in force for certain further purposes at 8.7.2008, see s. 153(2)(a)(d)(3)

I120S. 149 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 46

I121S. 149 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 13

I122S. 149 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(f)

I123S. 149 in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(f)

I124S. 149 in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(e)

I125S. 149 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(f)

I126S. 149 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(l)

I127S. 149 in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(c)

150Financial provisionsU.K.

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by virtue of this Act by a Minister of the Crown; and

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.

151Effect of amendments to criminal justice provisions applied for purposes of service lawU.K.

(1)In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

(a)relate to criminal justice; and

(b)have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.

(2)Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

(3)Subsection (2) does not apply to any amendments made by Part 1.

(4)In this section “service law” means—

(a)the system of service law established by the Armed Forces Act 2006 (c. 52); or

(b)any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

Commencement Information

I128S. 151 in force at 31.10.2009 by S.I. 2009/2606, art. 3(g)

152ExtentU.K.

(1)Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.

(2)The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a)section 77;

(b)section 96;

(c)section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);

(d)Part 10;

(e)this Part (subject to subsection (5)).

(3)The following provisions of this Act extend to England and Wales and Northern Ireland—

(a)section 3 and Schedule 3;

(b)section 39(3) and (6)(d) and paragraph 7 of Schedule 7;

(c)sections 63 to 68 and Schedule 14;

(d)section 76;

(e)section 85(6) [F90to (7B)] (so far as relating to any provision of Part 3 of the Magistrates' Courts Act 1980 which extends to Northern Ireland);

(f)sections 86 and 90 to 92 and Schedules 18 and 19.

(4)The following provisions of this Act extend to Northern Ireland only—

(a)sections 82 and 83;

(b)sections 87[F91, 88 and 89(1) to (5)];

(c)section 122 and Schedule 21.

(5)Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

(6)The following amendments and repeals also extend to the Channel Islands and the Isle of Man—

(a)the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and

(b)the repeals in Part 1 of Schedule 28 relating to those amendments.

(7)In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.

(8)In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

(9)In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—

(a)that Act as amended by or under any provision of this Act,

(b)section 151, and

(c)paragraph 34 of Schedule 25.

(10)Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).

153CommencementU.K.

(1)The following provisions of this Act come into force on the day on which this Act is passed—

(a)section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—

(i)paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and

(ii)Part 4 of Schedule 37 to that Act;

(b)section 77;

(c)section 128;

(d)sections 138(1) to (4) and 139;

(e)section 147;

(f)section 148(3) to (7);

(g)sections 150 and 152;

(h)this section;

(i)section 154;

(j)paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);

(k)paragraphs 35 to 39 of Schedule 26.

(2)The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—

(a)section 62 and the related repeal in Part 4 of Schedule 28;

(b)section 69 and paragraph 24 of Schedule 26;

(c)section 70 and paragraph 25 of Schedule 26;

(d)section 79 and the related repeals in Part 5 of Schedule 28;

(e)paragraphs 2 to 7 of Schedule 15;

(f)paragraph 24 of Schedule 27.

(3)Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.

(4)The following provisions come into force on such day as the Lord Chancellor may by order appoint—

(a)section 19;

(b)section 41;

(c)sections 56 to 58;

(d)sections 80 to 92 and Schedules 18 and 19;

(e)paragraph 29 of Schedule 27.

(5)Sections 119 to 121 come into force—

(a)in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and

(b)in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.

(6)Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.

(7)The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(8)An order under any of subsections (4) to (7) may—

(a)appoint different days for different purposes and in relation to different areas;

(b)make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.

154Short titleU.K.

This Act may be cited as the Criminal Justice and Immigration Act 2008.

SCHEDULES

Section 1

F92SCHEDULE 1E+WFurther provisions about youth rehabilitation orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

F93SCHEDULE 2E+WBreach, revocation or amendment of youth rehabilitation orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3

F94SCHEDULE 3E+W+N.I.Transfer of youth rehabilitation orders to Northern Ireland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6

SCHEDULE 4E+WYouth rehabilitation orders: consequential and related amendments

Part 1 E+WConsequential amendments

Children and Young Persons Act 1933 (c. 12)E+W

1E+WThe Children and Young Persons Act 1933 has effect subject to the following amendments.

Commencement Information

I129Sch. 4 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

2(1)Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.E+W

(2)In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

(3)After subsection (7A) insert—

(7B)If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

Commencement Information

I130Sch. 4 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

3(1)Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.E+W

(2)In subsection (2), for paragraphs (c) and (d) substitute—

(c)proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).

(3)In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

(4)In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

(5)In subsection (13), omit paragraph (c)(i).

Commencement Information

I131Sch. 4 para. 3(1) (2) (4) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ii)

Criminal Appeal Act 1968 (c. 19)E+W

4E+WIn section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

(b)having been given a suspended sentence or made the subject of—

(i)an order for conditional discharge,

(ii)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or

(iii)a community order within the meaning of Part 12 of the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further dealt with for the offence.

Commencement Information

I132Sch. 4 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Firearms Act 1968 (c. 27)E+W

5E+WThe Firearms Act 1968 has effect subject to the following amendments.

Commencement Information

I133Sch. 4 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

6E+WIn section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I134Sch. 4 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

7E+WIn section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I135Sch. 4 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Health Services and Public Health Act 1968 (c. 46)E+W

8E+WThe Health Services and Public Health Act 1968 has effect subject to the following amendments.

Commencement Information

I136Sch. 4 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

9E+WIn section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—

(a)in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

(b)after that paragraph, insert—

(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;.

Commencement Information

I137Sch. 4 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

10E+WIn section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—

(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;.

Commencement Information

I138Sch. 4 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Social Work (Scotland) Act 1968 (c. 49)E+W

11E+WThe Social Work (Scotland) Act 1968 has effect subject to the following amendments.

Commencement Information

I139Sch. 4 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

12E+WIn section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.

Commencement Information

I140Sch. 4 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

13E+WIn section 94(1) (interpretation)—

(a)for the definition of “probation order” substitute—

probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,,

(b)in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

(c)at the end insert—

youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Commencement Information

I141Sch. 4 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Children and Young Persons Act 1969 (c. 54)E+W

14E+WThe Children and Young Persons Act 1969 has effect subject to the following amendments.

Commencement Information

I142Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

15E+WOmit section 25 (transfers between England or Wales and Northern Ireland).

Commencement Information

I143Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

16(1)Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.E+W

(2)In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

(3)In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

Commencement Information

I144Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

17(1)Section 32 (detention of absentees) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b)for paragraph (b) substitute—

(b)from local authority accommodation—

(i)in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

(ii)to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

(iii)to which he has been remanded or committed under section 23(1) of this Act,.

(3)For subsection (1C) substitute—

(1C)In this section “the responsible person” means, as the case may be—

(a)the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

(b)the authority specified under paragraph 17(5) of Schedule 1 to that Act;

(c)the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

(d)the authority designated under section 23 of this Act.

(4)After subsection (1C) insert—

(1D)If a child or young person—

(a)is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b)is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E)A person so arrested shall be conducted to—

(a)the place where he is required to reside, or

(b)such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.

(5)In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

(6)In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

(7)In subsection (2B)—

(a)after “subsection (1A)” insert “ or (1D) ”, and

(b)at the end insert “ or the responsible officer, as the case may be. ”

(8)In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

(9)In subsection (4), after “(1A)” insert “ , (1D) ”.

Commencement Information

I145Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

18E+WIn section 70(1) (interpretation)—

(a)omit the definition of “supervision order”,

(b)after the definition of “local authority accommodation” insert—

local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;, and

(c)after the definition of “youth offending team” insert—

youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);.

Commencement Information

I146Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

19E+WIn section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Commencement Information

I147Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Rehabilitation of Offenders Act 1974 (c. 53)E+W

20E+WThe Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.

Commencement Information

I148Sch. 4 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

F9521E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I149Sch. 4 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

22E+WIn section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—

(d)in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;.

Commencement Information

I150Sch. 4 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Bail Act 1976 (c. 63)E+W

23E+WIn section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—

(a)omit the words “to be dealt with”, and

(b)for paragraph (a), substitute—

(a)Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or.

Commencement Information

I151Sch. 4 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Magistrates' Courts Act 1980 (c. 43)E+W

24E+WIn Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Commencement Information

I152Sch. 4 para. 24 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(iv)

Prospective

Contempt of Court Act 1981 (c. 49)E+W

25E+WIn section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982E+W

26E+WPart 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

Commencement Information

I153Sch. 4 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

27(1)Paragraph 7 (transfer to England and Wales) is amended as follows.E+W

(2)In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(3)In sub-paragraph (2)(b)—

(a)after “a community order” insert “ or a youth rehabilitation order ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4)In sub-paragraph (3)—

(a)for “A community service order” substitute “ An adult community service order ”, and

(b)in paragraph (b)—

(i)omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

(ii)for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

(5)After sub-paragraph (3) insert—

(4)A youth community service order made or amended in accordance with this paragraph shall—

(a)specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b)require—

(i)the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

(ii)a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

(5)The person appointed under sub-paragraph (4)(b) must be—

(a)where the appointment is made by a local probation board, an officer of that board;

(b)where the appointment is made by a provider of probation services, an officer of that provider;

(c)where the appointment is made by a youth offending team, a member of that team.

Commencement Information

I154Sch. 4 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

28(1)Paragraph 9 (general provision) is amended as follows.E+W

(2)In sub-paragraph (3)—

(a)in paragraph (a)—

(i)for “a community service order” substitute “ an adult community service order ”;

(ii)omit “under section 177 of the Criminal Justice Act 2003”;

(iii)for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

(b)before “and” at the end of that paragraph insert—

(aa)a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;.

(3)In sub-paragraph (4)(a)—

(a)after “community orders” insert “ or youth rehabilitation orders ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4)In sub-paragraph (5)—

(a)after “community order” insert “ or youth rehabilitation order ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(5)In sub-paragraph (6)—

(a)after “community orders” insert “ or youth rehabilitation orders ”,

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

(c)in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I155Sch. 4 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

29E+WAfter that paragraph insert—

Community service orders relating to persons residing in England and Wales: interpretationE+W

10In paragraphs 7 and 9 above—

  • adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

  • community order” means an order made under section 177 of the Criminal Justice Act 2003;

  • youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

  • youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Commencement Information

I156Sch. 4 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Mental Health Act 1983 (c. 20)E+W

30E+WIn section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a)in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b)in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Commencement Information

I157Sch. 4 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Child Abduction Act 1984 (c. 37)E+W

31E+WIn paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

(a)in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b)in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I158Sch. 4 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Prosecution of Offences Act 1985 (c. 23)E+W

32(1)Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.E+W

(2)In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

(3)After subsection (3B) insert—

(3C)For the purposes of subsection (3B)(b)(i)—

  • community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003;

  • mental health treatment requirement” means—

    (a)

    in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and

    (b)

    in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;

  • youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.

Commencement Information

I159Sch. 4 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Children Act 1989 (c. 41)E+W

33E+WThe Children Act 1989 has effect subject to the following amendments.

Commencement Information

I160Sch. 4 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

34(1)Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.E+W

(2)In subsection (2)(c)—

(a)in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

(b)for sub-paragraph (ii), substitute—

(ii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or

(iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,.

(3)After subsection (2) insert—

(2A)In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

  • “local authority residence requirement”;

  • “youth rehabilitation order”;

  • “youth rehabilitation order with fostering”.

Commencement Information

I161Sch. 4 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

35E+WIn section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—

(ii)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or.

Commencement Information

I162Sch. 4 para. 35 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

36E+WIn section 105(6) (interpretation)—

(a)in paragraph (b), omit from the words “or an” to the end of the paragraph, and

(b)after that paragraph insert—

(ba)in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or.

Commencement Information

I163Sch. 4 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

37(1)Part 3 of Schedule 3 (education supervision orders) is amended as follows.E+W

(2)In paragraph 13(2), for paragraph (c) substitute—

(c)a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);.

(3)In paragraph 14—

(a)in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b)in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

Commencement Information

I164Sch. 4 para. 37 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

38E+WIn paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—

(a)a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;.

Commencement Information

I165Sch. 4 para. 38 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice Act 1991 (c. 53)E+W

39E+WPart 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

Commencement Information

I166Sch. 4 para. 39 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

40(1)Paragraph 10 is amended as follows.E+W

(2)In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute

(i)the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii)a youth offending team established by a local authority for the area in which he resides or will reside,, and

(3)In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute

(i)an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii)a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;.

Commencement Information

I167Sch. 4 para. 40 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

41(1)Paragraph 11 is amended as follows.E+W

(2)In sub-paragraph (2)—

(a)for “a probation order” substitute “ an adult probation order ”,

(b)in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

(c)in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

(3)After that sub-paragraph insert—

(2A)Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

(b)the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.

(4)In sub-paragraph (3)—

(a)for paragraph (a) substitute—

(a)the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;;

(b)in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

(5)In sub-paragraph (4)—

(a)after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

(b)omit “under section 177 of the Criminal Justice Act 2003”, and

(c)for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

(6)In sub-paragraph (5)—

(a)after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

(b)for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

(c)in paragraph (b) for the words from “of the” to “board” substitute of—

(i)the offender, or

(ii)the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),.

(7)In sub-paragraph (8)—

(a)after “In this paragraph” insert—

adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

community order” means an order made under section 177 of the Criminal Justice Act 2003;;

(b)at the end insert—

youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Commencement Information

I168Sch. 4 para. 41 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice and Public Order Act 1994 (c. 33)E+W

42E+WIn section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Crimin