Criminal Justice and Courts Act 2015
In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)—
in subsection (1), for the words from “guilty” to the end substitute “ guilty of an offence ”, and
after that subsection insert—
In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ”.
In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ”.
The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.
Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.
After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—
For paragraph 64 (accessories and inchoate offences: violent offences) substitute—
For paragraph 65 (attempt or conspiracy to commit murder) substitute—
Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).
After that paragraph insert—
For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—
The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.
But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).
For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.
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Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of England and Wales listed for the purposes of sections 224A(1) and (4), 226A and 246A of that Act) is amended as follows.
After paragraph 3 (offence under section 18 of the Offences Against the Person Act 1861) insert—
After paragraph 8 insert—
In paragraph 9, for “the Terrorism Act 2000” substitute “that Act”.
After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert—
Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) is amended as follows.
In paragraph 49, for “An offence” substitute “A civilian offence”.
After paragraph 49 insert—
For the purposes of section 224A of the Criminal Justice Act 2003 and section 218A of the Armed Forces Act 2006, the amendments made by this section apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.
For the purposes of section 226A of the Criminal Justice Act 2003 and section 219A of the Armed Forces Act 2006, the amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.
For the purposes of section 246A of the Criminal Justice Act 2003, the amendments made by subsections (2) to (5) apply in relation to a person serving an extended sentence imposed on or after the day on which they come into force, whenever the offence in question was committed.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (9) to have been committed on the last of those days.
Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.
In subsection (2) (automatic release at the end of requisite custodial period), for the words from “unless” to the end substituteif—
In subsection (3) (release following Parole Board direction), for “If either or both of those conditions are met” substitute “ In any other case ”.
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In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence), at the end insert—
Part 1 of Schedule 1 contains—
provision about the sentence to be imposed on certain offenders of particular concern, and
provision for such offenders to be released on licence following a Parole Board direction.
That Schedule also contains—
equivalent provision in respect of offenders convicted of service offences (see Part 2),
transitional and transitory provision (see Part 3), and
consequential provision (see Part 4).
Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.
In section 62 (release on licence etc: conditions as to monitoring)—
for subsection (2) substitute—, and
after subsection (5) insert—
After section 62 insert—
Schedule 2 to this Act contains consequential provision.
The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.
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After section 239 of the Criminal Justice Act 2003 insert—
The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) in section 9 of this Act confer functions on recall adjudicators in connection with the release of fixed-term prisoners following their recall.
Schedule 3 to this Act contains further provision relating to recall adjudicators.
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Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.
In section 255A (suitability for automatic release after recall), after subsection (4) insert—
In section 255B (automatic release)—
in subsection (2), at the end insert “(but see subsections (3) and (3A))”,
after subsection (3), insert—,
in subsection (4)—
for “that period” substitute “the period mentioned in subsection (1)(b)”, and
for “the Board” substitute “a recall adjudicator”,
after subsection (4) insert—, and
for subsection (5) substitute—
In section 255C (extended sentence prisoners and those not suitable for automatic release)—
in subsection (2), at the end insert “(but see subsections (3) and (3A))”,
after subsection (3), insert—,
in subsection (4), for “the Board” substitute “a recall adjudicator”,
after subsection (4) insert—, and
for subsection (5) substitute—
Omit section 256 (powers of Board where it does not direct immediate release).
In section 256A (further review)—
for subsection (1) substitute—,
in subsection (2)—
for “that anniversary” substitute “the review date”, and
for “the Board” substitute “a recall adjudicator”,
in subsection (3), for “The Board” substitute “A recall adjudicator”,
in subsection (4)—
for “Board” substitute “recall adjudicator”, and
for paragraph (b) substitute—,
(but see subsections (4A) and (4B)).
after subsection (4) insert—, and
for subsection (5) substitute—
In Schedule 20A (application of Chapter 6 of Part 12 to pre 4 April 2005 cases), omit paragraph 6(5) (certain determinations to be treated as determinations under section 256(1) of the Criminal Justice Act 2003).
The amendments made by this section apply to a person recalled before the day on which they come into force as well as to a person recalled on or after that day.
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In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners), after section 256A insert—
section 256AZA,
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In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on licence), after subsection (5) insert—
In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), in subsection (3), after paragraph (a) insert—.
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The amendment made by subsection (2) applies in relation to a person recalled before the day on which it comes into force as well as in relation to a person recalled on or after that day.
After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—
After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—
Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.
Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release) is amended as follows.
For subsection (3) substitute—
At the end insert—
The amendment made by subsection (2) does not apply where the period of temporary release expired, or the order of recall was made, before this section comes into force.
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.
In section 268 (interpretation of Chapter), after subsection (1) insert—
In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—
in subsection (2)(a), for “one-half of the appropriate custodial term” substitute “ the requisite custodial period ”, and
for subsection (7) substitute—
In section 260 (early removal of prisoners liable to removal from United Kingdom), omit subsection (7).
In section 261 (re-entry into United Kingdom of offender removed from prison early)—
in subsection (5), omit paragraph (a),
in subsection (5)(b)—
omit “in any other case,” and
for “or 246A” substitute “ , 246A or 247 ”, and
in subsection (6), omit the definition of “requisite custodial period”.
In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005 cases)—
omit paragraph 8(2) (modification of section 260), and
after paragraph 8 insert—
The amendments made by this section apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.
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in subsection (2), omit “Subject to subsection (3) below,” and
omit subsection (3) (power to pass sentence of less than 21 days for offence under section 65(6) of the Criminal Justice Act 1991).
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In section 246(4) of the Criminal Justice Act 2003 (cases in which power to release before required to do so is not available), after paragraph (g) insert—.
In section 250 of the Criminal Justice Act 2003 (licence conditions), for subsection (5A) substitute—
In section 260(2B) of the Criminal Justice Act 2003 (early removal from prison of extended sentence prisoners liable to removal from United Kingdom), for “section 246A” substitute “ this Chapter ”.
In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246: power to release before required to do so)—
number the existing text as sub-paragraph (1),
in that sub-paragraph, for “Section 246 applies as if, in subsection (4)” substitute “ Section 246(4) applies as if— ”,
in that sub-paragraph, omit paragraph (c), and
after that sub-paragraph insert—
In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part 2 of the Schedule to an extended sentence under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).
In paragraph 34 of that Schedule (licence conditions in certain transitional cases)—
in sub-paragraph (1), at the end insertand which was granted to a person serving— , and
in sub-paragraph (6)(a), after “condition” insert “ referred to in section 250(4)(b)(ii) ”.
The amendments made by subsections (1), (3) and (4) apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.
The Prison Act 1952 is amended as follows.
In section 16A (testing prisoners for drugs), in subsection (3)—
at the end of the definition of “drug” insert “ or specified drug ”,
omit the “and” that follows the definition of “prison officer”, and
“specified drug” means any substance or product specified in prison rules for the purposes of this section.
In section 47 (rules for the management of prisons etc), after subsection (3) insert—
This section applies where, in England and Wales, a person aged 18 or over admits that he or she has committed an offence.
If the offence is an indictable-only offence, a constable may not give the person a caution except—
in exceptional circumstances relating to the person or the offence, and
with the consent of the Director of Public Prosecutions.
If the offence is an either-way offence specified by order made by the Secretary of State, a constable may not give the person a caution except in exceptional circumstances relating to the person or the offence.
If— a constable may not give the person a caution except in exceptional circumstances relating to the person, the offence admitted or the previous offence.
the offence is a summary offence or an either-way offence not specified under subsection (3), and
in the two years before the commission of the offence the person has been convicted of, or cautioned for, a similar offence,
It is for a police officer not below a rank specified by order made by the Secretary of State to determine—
whether there are exceptional circumstances for the purposes of subsection (2), (3) or (4), and
whether a previous offence is similar to the offence admitted for the purposes of subsection (4)(b).
A determination under subsection (5) must be made in accordance with guidance issued by the Secretary of State.
The Secretary of State may by order amend this section so as to provide for a different period for the purposes of subsection (4)(b).
For the purposes of this section—
“caution” does not include a conditional caution under Part 3 of the Criminal Justice Act 2003, but
a person has been “cautioned for” an offence if he or she has been given a caution, a conditional caution or a youth caution or youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.
In this section—
by a person other than the person who made the primary claim.
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in connection with the same incident or series of incidents in connection with which the primary claim is made, and
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The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2) and 2(a) and (c) are—
a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998);
a maintained nursery school (as defined in section 22(9) of the Schools Standards and Framework Act 1998);
an independent school (as defined in section 463 of the Education Act 1996) entered on a register of independent schools kept under section 158 of the Education Act 2002;
an independent educational institution (as defined in section 92(1) of the Education and Skills Act 2008) entered on a register of independent educational institutions kept under section 95 of that Act;
a school approved under section 342 of the Education Act 1996 (non-maintained special schools);
a pupil referral unit (as defined in section 19 sections 19 and 19A of the Education Act 1996);
an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010);
a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010);
a sixth form college (as defined in section 91(3A) of the Further and Higher Education Act 1992);
a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014).
In Schedule 21 to the Coroners and Justice Act 2009 (consequential amendments), omit paragraph 93 (uncommenced amendment of section 54 of the Crime (International Co-operation) Act 2003).
The Prison Act 1952 is amended as follows.
In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), for the words from “remand centre” to “secure training centre” substitute “young offender institution, secure training centre or secure college”.
In section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (definition of “youth detention accommodation” for the purposes of detention and training orders), after paragraph (a) insert—.
Section 4 of the Prisons (Interference with Wireless Telegraphy) Act 2012 (interpretation) is amended as follows. In subsection (1), in the definition of “relevant institution”, after paragraph (d) insert—. In subsection (2), after paragraph (b) insert—.
The Secretary of State may enter into a contract with another person for the other person to do either or both of the following— The contract may provide for the running of the secure college, or the part of the college, to be sub-contracted. In this Schedule—
The principal of a contracted-out secure college must be a secure college custody officer who is— The principal has the functions conferred on the principal by—
Every officer of a contracted-out secure college who performs custodial duties at the college must be—
a secure college custody officer, or
an officer of a directly managed secure college who is temporarily attached to the contracted-out secure college.
A person who assaults a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence. A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both). In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months. In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.
The Secretary of State may, on an application by a person, issue a certificate in respect of the person if satisfied that the person— The certificate must state that it is to cease to be in force on a date or on the occurrence of an event. Once issued, the certificate continues in force until that date or event, subject to any previous suspension or revocation under paragraph 18 or 19.
In section 37(4) (closing of prisons etc), for “or secure training centre” substitute “, secure training centre or secure college”.
A secure college custody officer performing custodial duties at a contracted-out secure college has the following duties in relation to persons detained there—
to prevent their escape from lawful custody,
to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts,
to ensure good order and discipline on their part, and
to attend to their well-being.
Section 47 (rules for the management of prisons etc) is amended as follows. In subsection (1), for “or secure training centres respectively” substitute “, secure training centres or secure colleges”. In subsection (1A)(a), after “secure training centres” insert “, secure colleges”. In subsection (4A)— In subsection (5), for “or secure training centre” substitute “, secure training centre or secure college”. For the heading of that section substitute “Rules for the management of prisons and places for the detention of young offenders”.
A secure college custody officer performing custodial duties at a contracted-out secure college may search the following in accordance with secure college rules— The power under sub-paragraph (1)(b) does not include power to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).
In section 49(5) (persons unlawfully at large: definition of “youth detention accommodation”), after paragraph (b) (but before “or”) insert—.
If authorised to do so by secure college rules, a secure college custody officer may use reasonable force where necessary in carrying out functions under paragraph 8 or 9.
This paragraph applies where a secure college custody officer performing custodial duties at a contracted-out secure college has reason to believe that a person who is in the college or seeking to enter the college, other than a person detained there, is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952. The officer may require the person to wait with the officer for the arrival of a constable for such period as is necessary, except that the person may not be required to wait for longer than 2 hours. The officer may use reasonable force to prevent the person from making off during that period. A person who makes off during that period is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. In sub-paragraph (1), the reference to an offence under any of sections 39 to 40D of the Prison Act 1952 (a “1952 Act offence”) includes—
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For the purposes of section 20, “excluded health care” means— subject to sub-paragraph (3). Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used— Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.
In this Schedule—
“Act” includes an Act or Measure of the National Assembly for Wales;
Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to make rules under sections 47 and 47A of the Prison Act 1952).
In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001 (manned guarding activities not liable to control), after paragraph (c) insert—.
by a person other than the person who made the primary claim.
In section 62 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (validity of certain orders and decisions)—
in subsection (1), after paragraph (b) insert or, and
after subsection (2) insert—
Section 63 of that Act (proceedings for questioning validity of other orders, decisions and directions) is amended as follows. In subsection (1), for “section 62(1)” substitute “section 62(1)(a) or (b)”. After subsection (1) insert— In subsection (2)— For subsection (3) substitute— In subsection (4)— For subsection (6) substitute—
Section 3ZB of the Road Traffic Act 1988 (causing death by driving: unlicensed, disqualified or uninsured drivers) is amended as follows. Omit paragraph (b) (but not the “or” at the end). In the heading, omit “, disqualified”.
In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for the purposes of sentencing dangerous offenders), after paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—
In this Part of this Schedule, “the transitional period” means the period—
beginning with 1 December 2014, and
ending with the day before the first day on which—
section 31(2) to (5) are in force,
the Secretary of State has specified an agreement under section 71A of the Crime (International Co-operation) Act 2003 (“the 2003 Act”), and
that agreement has entered into force.
The amendments made by section 31 and Part 1 of this Schedule do not have effect in relation to a case in which a notice was given to an offender under section 57 of the 2003 Act before 1 December 2014.
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“secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—
in paragraph (a), omit “or”,
at the end of paragraph (b), insert “, or”, and
after paragraph (b) insert—
The Offender Management Act 2007 is amended as follows.
Section 68 of the Pension Schemes Act 1993 (unpaid premiums: supplementary) is amended as follows. In subsection (1), after “1980” insert “or in proceedings conducted in accordance with section 16A of that Act”. After subsection (1) insert—
Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions) is amended as follows. In subsection (6), for ““public prosecutor”” substitute ““relevant prosecutor””. In subsection (6A)(aa), for “public prosecutor” substitute “relevant prosecutor”.
Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows. In subsection (1)(aa)— In subsection (9)—
In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court’s other powers), after “other than” insert “an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or”.
In section 1(4) (meaning of “the probation purposes”), in the definition of “prison”, for “and a secure training centre” substitute “, a secure training centre and a secure college”.
In section 14(5)(a) (disclosure)—
in sub-paragraph (i), omit “and”,
in sub-paragraph (ii), at the end insert “and”, and
after sub-paragraph (ii) insert—.
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In this Schedule—
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The Armed Forces Act 2006 is amended as follows.
In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163 insert—
After Schedule 2 insert—
The Armed Forces Act 2006 is amended as follows.
In section 50(2) (jurisdiction of the Court Martial: service offences), after paragraph (f) insert—.
In section 51(3) (jurisdiction of the Service Civilian Court: excluded offences), after paragraph (c) insert—.
In section 373 (orders, regulations and rules), after subsection (1) insert—
In Schedule 2 (offences required to be referred to a service police force or the Director of Service Prosecutions under sections 113 and 116), at the end insert—
The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the Court Martial of appeals from Service Civilian Court) to Part 7 of that Act includes the provisions inserted in that Part by this Schedule.
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“registered adoption society” means an adoption society (as defined in section 2 of the Adoption and Children Act 2002) which is a voluntary organisation (as defined in that section) and in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
Part 12 of the Town and Country Planning Act 1990 (validity) is amended as follows.
Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of strategies, plans and documents) is amended as follows. After subsection (3) insert— Omit subsection (4). After subsection (5) insert— Omit subsection (8).
In section 284 (validity of development plans and certain orders, decisions and directions)—
in subsection (1), after paragraph (f) insert or—, and
after subsection (3) insert—
Section 287 (proceedings for questioning validity of development plans and certain schemes and orders) is amended as follows. After subsection (2) insert— After subsection (3) insert— Omit subsections (3C) and (4). In subsection (5), for “subsection (4)” substitute “subsection (2B)”. After subsection (5) insert—
Section 288 (proceedings for questioning validity of other orders, decisions and directions) is amended as follows. After subsection (1) insert— In subsection (2)— Omit subsection (3). After subsection (4) insert— In subsection (5)— For subsection (6) substitute— In subsection (7), after “subsection” insert “(4C) or”. For subsection (9) substitute— After subsection (10) insert—
In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences), for subsection (3) substitute—
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The Criminal Justice Act 2003 is amended as follows.
The Road Traffic Offenders Act 1988 is amended as follows.
In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in the definition of “homicide offence”, paragraph (b) is amended as follows. In sub-paragraph (iii) omit “, disqualified”. After that sub-paragraph insert—.
Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies) is amended as follows. After paragraph 6 insert— In paragraph 8, for “6” substitute “6A”.
The Children Act 2004 is amended as follows.
Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to jurors at inquests) is amended as follows.
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Section 24 (alternative verdicts: general) is amended as follows. In subsection (A2)— Section 3ZC (causing death by driving: disqualified drivers) Section 103(1)(b) (driving while disqualified) Section 3ZD (causing serious injury by driving: disqualified drivers) Section 103(1)(b) (driving while disqualified)
In section 15(3) (funding of Local Safeguarding Children Boards)—
in paragraph (c), after “principal of a” insert “directly managed”, and
in paragraph (d), after “or prison” insert “or the principal of a contracted-out secure college”.
Before paragraph 1 insert—.
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In section 34(4)(a) (disqualification for certain offences), after sub-paragraph (iia) insert—.
In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—
in paragraph (c), after “principal of a” insert “directly managed”, and
in paragraph (d), after “or prison” insert “or the principal of a contracted-out secure college”.
After paragraph 5 insert—
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Section 36(2) (disqualification until test is passed) is amended as follows. At the end of paragraph (a) omit “or”. For paragraph (b) substitute—
Section 65 (interpretation) is amended as follows. In subsection (3), at the end insert— In subsection (4)—
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In section 45 (effect of endorsement of counterparts), for subsection (6) substitute—
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In section 45A (effect of endorsement of driving records), for subsection (4), as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), substitute—
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The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows. In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second column omit “, disqualified”. RTA section 3ZC Causing death by driving: disqualified drivers Section 11 of this Act. RTA section 3ZD Causing serious injury by driving: disqualified drivers Sections 11 and 12(1) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “Board” insert “or the recall adjudicator”, and
for “paragraph 6, 15, 25 or 28” substitute “this Chapter”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the table in Part 1 of Schedule 2 (prosecution and punishment of offences under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic Act 1988, in column 2 omit “, disqualified”.
This section applies whether the offence admitted was committed before or after the time when this section comes into force.
An order under section 17 may make different provision for different purposes.
An order under section 17 must be made by statutory instrument.
A statutory instrument containing an order under section 17(3) (specification of either-way offences) is subject to annulment in pursuance of a resolution of either House of Parliament.
An order under section 17(7) (change to period in section 17(4)(b)) may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions), in subsection (7), after “such a caution” insert “ (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) ”.
In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for spent alternatives to prosecution: Scotland), at the end insert—
It is an offence for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual.
An individual guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both);
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).
“Care worker” means an individual who, as paid work, provides— including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.
health care for an adult or child, other than excluded health care, ...
social care for an adult, or
care or support for a child aged 16 or 17 at a regulated establishment,
An individual does something as “paid work” if he or she receives or is entitled to payment for doing it other than—
payment in respect of the individual's reasonable expenses,
payment to which the individual is entitled as a foster parent,
a benefit under social security legislation, or
a payment made under arrangements under section 2 of the Employment and Training Act 1973 (arrangements to assist people to select, train for, obtain and retain employment).
“Health care” includes— and “excluded health care” has the meaning given in Schedule 4.
all forms of health care provided for individuals, including health care relating to physical health or mental health and health care provided for or in connection with the protection or improvement of public health, and
procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition,
“Social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or any other similar circumstances.
References in this section to a person providing health care or social care , or care or support at a regulated establishment, do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person.
“Regulated establishment” means—
a children’s home in England as defined by section 1 of the Care Standards Act 2000;
a residential family centre in England as defined by section 4 of that Act;
an establishment in England providing accommodation in respect of which requirements under Part 2 of the Care Standards Act 2000 are applied by virtue of regulations under section 42 of that Act (power to extend application of Part 2 of that Act);
youth detention accommodation in England as defined by section 248(1) of the Sentencing Act 2020;
a place in Wales at which a care home service or a residential family centre service, as defined by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided;
a place in Wales at which accommodation is provided to disabled children and which is notified to the Welsh Ministers in accordance with regulations under section 2 of that Act;
youth detention accommodation in Wales as defined by section 188(1) of the Social Services and Well-being (Wales) Act 2014 (anaw 4).
In this section—
“Act” includes an Act or Measure of the National Assembly for Wales;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 62 of the Criminal Justice and Court Services Act 2000 (release on licence etc: conditions as to monitoring) is amended as follows. Omit subsection (3). In the heading of that section, for “conditions as to monitoring” substitute “ electronic monitoring conditions ”.
Where the Secretary of State grants a lease or tenancy of land for the purposes of a contract under this Part of this Schedule, none of the following enactments apply to the lease or tenancy— In this paragraph—
Section 8 of the Prison Act 1952 (powers of prison officers) does not apply in relation to officers of a contracted-out secure college. Sub-paragraph (1) does not affect the powers of an officer of a directly managed secure college who is temporarily attached to a contracted-out secure college.
A person who resists or wilfully obstructs a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence. A person who commits an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
This paragraph applies where— The monitor or principal may— Regulations under this paragraph may— Regulations under this paragraph are to be made by statutory instrument. A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody officer carrying out contracted-out functions at a directly managed secure college as they apply in relation to a secure college custody officer carrying out functions at a contracted-out secure college.
A person who is or has been employed to perform contracted-out functions at a directly managed secure college commits an offence if the person discloses any information— It is not an offence under this paragraph for a person to disclose information— A person who commits an offence under this paragraph is liable— In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12 months is to be read as a reference to 6 months. In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1) is amended as follows. In subsection (1)— In subsection (2)—
Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by absent accused and amount payable under section 30 or 36) is amended as follows. After subsection (2) insert— In subsection (3)— In subsection (5), for “The court shall not so proceed” substitute “Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4)”. After subsection (5) insert—
Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows. In subsection (2)(a)(ia), for “public prosecutor” substitute “relevant prosecutor”. In subsection (2A), for ““public prosecutor”” substitute ““relevant prosecutor””.
Section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers) is amended as follows. In subsection (15)(b)— After subsection (15) insert—
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In relation to a directly managed secure college, the reference to an officer of the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners), as it applies to secure colleges, includes a reference to a secure college custody officer performing custodial duties at the secure college in accordance with a contract under paragraph 20.
“child” means an individual aged under 18;
“children's home” has the meaning given in section 1 of the Care Standards Act 2000;
a local authority foster parent within the meaning of the Children Act 1989,
In section 244(1) (duty to release prisoners), after “243A” insert “ , 244A ”.
Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force. Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows. In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”. In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.
In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention orders), after paragraph (a) insert—.
The Social Services and Well-being (Wales) Act 2014 is amended as follows. In the English language text of section 134(8) (Safeguarding Children Boards and Safeguarding Adults Boards)— In the Welsh language text of that provision— In the English language text of section 188(1) (interpretation of sections 185 to 187), in the definition of “youth detention accommodation”, after paragraph (b) insert—. In the Welsh language text of that provision, in the definition of “llety cadw ieuenctid”, after paragraph (b) insert—.
proceedings on an application for leave to apply for judicial review,
The Criminal Justice Act 2003 is amended as follows.
Section 39 of the Criminal Law Act 1977 (service of summons etc) is amended as follows. In subsection (1), after paragraph (c) (but before “and”) insert—. In subsection (1)(d), for “or (c)” substitute “, (c) or (ca)”. After subsection (1) insert—
The Road Traffic Offenders Act 1988 is amended as follows.
Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others) is amended as follows. In subsection (9)— In subsection (10)(a)(ia)—
In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is amended as follows. In sub-paragraph (1)(aa), for “public prosecutor” substitute “relevant prosecutor”. In sub-paragraph (2A), for ““public prosecutor”” substitute ““relevant prosecutor””.
The Crime (International Co-operation) Act 2003 is amended as follows.
The Magistrates’ Courts Act 1980 is amended as follows.
a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);
The Criminal Justice Act 2003 is amended as follows.
Section 250(4) (licence conditions) is amended as follows. After paragraph (a) (but before “and”) insert—. In paragraph (b)(i), after “any” insert “ other ”.
Section 7 (duty of accused to provide licence) is amended as follows. After subsection (1) insert— In subsection (2)—
Section 4A (general requirements for service of written charge or requisition) is amended as follows. In the heading, for “or requisition” substitute “etc”. In subsection (1), after paragraph (b) insert and In subsection (2), for “The written charge or requisition” substitute “Each of the documents”. In subsection (3), for “the written charge or requisition”, in both places, substitute “the document”. In subsection (4), for “A written charge or requisition” substitute “Such a document”. In subsection (5)—
In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—
In section 151(5) (community order or youth rehabilitation order for persistent offender previously fined), before “a compensation order” insert “an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or”.
Section 253 (curfew condition for licence under section 246, 255B or 255C) is amended as follows. In subsection (1), for “requirements for securing the” substitute “ a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to ”. Omit subsection (5).
In section 8 (duty to include date of birth and sex in written plea of guilty), after paragraph (a) (but before “or”) insert—.
Section 4B (service of written charge or requisition otherwise than by post) is amended as follows. In the heading, for “or requisition” substitute “etc”. In subsection (1), for “or requisition” substitute “, requisition or single justice procedure notice”. In subsection (2), for “the written charge or requisition” substitute “the document”. In subsection (3)(b), for “the written charge or requisition” substitute “the document”.
In section 108 (right of appeal to the Crown Court), after subsection (4) insert—
In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—
after “against” insert —, and
at the end insert under this section, and
In section 256B(7) (supervision after release of certain young offenders serving less than 12 months: requirements that may be imposed), in paragraphs (a) and (b), for “for securing the” substitute “ to submit to ”.
Section 27 (production of licence) is amended as follows. After subsection (4) insert— In subsection (5)—
In Schedule 8 (breach or amendment of community order), in paragraph 9(8) (appeals)—
after “against” insert —, and
at the end insert , and
In Schedule 12 (breach or amendment of suspended sentence order), in paragraph 9(3) (appeals)—
for “any order made by the court under paragraph 8(2)(a) or (b)” substitute “each of the following orders”, and
at the end insert —
After section 244 insert—
“free of charge” means otherwise than for or in expectation of fee, gain or reward;
A part of premises is used “for an education or childcare purpose” when it is used—
for the purposes of education provided for an individual being educated at an educational institution listed in paragraph 3 in circumstances in which the institution requires the individual to attend at the premises for that purpose;
for the purposes of education provided for a child of compulsory school age under section 19 or 19A of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (provision of education in cases of illness, exclusion etc);
for the purposes of education provided for a child of compulsory school age as required by section 7 of the Education Act 1996, otherwise than by regular attendance at an educational institution listed in paragraph 3;
for the purposes of early years provision or later years provision provided in England by a person who is registered, or required to be registered, to provide such provision under Part 3 of the Childcare Act 2006;
for the purposes of later years provision provided in England for a child who is aged 8 or over in circumstances in which a requirement to register would arise under Part 3 of the Childcare Act 2006 if the child were aged under 8;
for the purposes of childminding or day care provided in Wales by a person who is registered, or is required to be registered, to provide such care under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
for the purposes of a holiday scheme for disabled children in England carried on or managed by a person who is registered to carry on or manage such schemes, or required to be so registered, under Part 2 of the Care Standards Act 2000.
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In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “Defence, prosecution and third party”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
Section 12 (absolute and conditional discharge) is amended as follows. In subsection (7)— At the end insert—
In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—.
Section 246 (power to release prisoners on licence before required to do so) is amended as follows. In subsection (4)(a) (disapplication of power), for “or 228” substitute “ , 228 or 236A ”. In subsection (6), in the definition of “term of imprisonment” for “or 228” substitute “ , 228 or 236A ”.
In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (2)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
A care provider commits an offence if—
an individual who has the care of another individual by virtue of being part of the care provider's arrangements ill-treats or wilfully neglects that individual,
the care provider's activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and
in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.
“Care provider” means— subject to section 22.
a body corporate or unincorporated association which provides or arranges for the provision of regulated care, or
health care for an adult or child, other than excluded health care, or
social care for an adult, or
an individual who provides such care and employs, or has otherwise made arrangements with, other persons to assist him or her in providing such care,
An individual is “part of a care provider's arrangements” where the individual— including where the individual is not the care provider but supervises or manages individuals providing regulated care as described in paragraph (b) or is a director or similar officer of an organisation which provides regulated care as described there.
is not the care provider, but
provides regulated care as part of such care provided or arranged for by the care provider,
“Regulated care” means—
health care for an adult or child, other than excluded health care,
social care for an adult, or
care or support for a child provided at a regulated establishment.
A “relevant duty of care” means— but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, regulated care.
a duty owed under the law of negligence, or
a duty that would be owed under the law of negligence but for a provision contained in an Act, or an instrument made under an Act, under which liability is imposed in place of liability under that law,
For the purposes of this section, there is to be disregarded any rule of the common law that has the effect of—
preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct, or
preventing a duty of care being owed to a person by reason of that person's acceptance of a risk of harm.
A breach of a duty of care by a care provider is a “gross” breach if the conduct alleged to amount to the breach falls far below what can reasonably be expected of the care provider in the circumstances.
In this section—
references to a person providing regulated care do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person, and
references to a person arranging for the provision of such care do not include a person who makes arrangements under which the provision of such care is merely incidental to the carrying out of other activities.
References in this section to providing or arranging for the provision of regulated care do not include making payments under—
regulations under section 57 of the Health and Social Care Act 2001 (direct payments for community services and carers);
section 12A of the National Health Act 2006 (direct payments for health care);
section 31 or 32 of the Care Act 2014 (direct payments for care and support);
section 10B of the National Health Service (Wales) Act 2006 (c. 42) (direct payments for health care);
Schedule A1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) (direct payments for after-care made by local authorities);
regulations under section 10B(6) of the National Health Service (Wales) Act 2006 (direct payments for after-care made by Local Health Boards);
regulations under section 49A of the Social Services and Well-being (Wales) Act 2014 (direct payments for care and support) where the payment is made towards the cost of meeting the needs of an adult or a carer who is an adult.
In this section—
After the end of the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland— only in a case in which the offence referred to in section 54(1) or 56(1) of the 2003 Act was committed after the end of the transitional period.
are required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),
are required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and
are required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57),
The Criminal Justice Act 1961 is amended as follows.
In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment of a charge)—
in paragraph (b), omit the words from “within” to “, or”, and
after that paragraph insert—.
The Children Act 2004 is amended as follows.
In section 23(4) (prison rules), after “a young offender institution” insert “, a secure college,”.
In section 11(1) (arrangements to safeguard and promote welfare), after paragraph (l) insert—.
In section 38(3)(a) (construction of references to sentence of imprisonment etc)—
for “young offenders” substitute “young offender”, and
after “secure training centre” insert “or secure college”.
In section 13(3) (establishment of Local Safeguarding Children Boards), after paragraph (i) insert—.
In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or prison” insert “or the principal of a secure college”.
In section 25(4A) (co-operation to improve well-being: Wales)—
for “Crown or” substitute “Crown,” and
after “director)” insert “or the principal of a secure college”.
In section 28(1) (arrangements to safeguard and promote welfare: Wales), after paragraph (h) insert—.
In section 31(3) (establishment of Local Safeguarding Children Boards in Wales), after paragraph (f) insert—.
In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales), after “or prison” insert “or the principal of a secure college”.
proceedings on an appeal from such a decision,
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In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—
in sub-paragraph (zi), after “section” insert “ 1(2B) or ”, and
in sub-paragraph (ia), after “section” insert “ 139(6B), 139A(5B) or ”.
Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.
During the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—
are not required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),
are not required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and
are not required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57).
Section 146 of the Education and Inspections Act 2006 (inspection of secure training centres) is amended as follows. In the heading, after “secure training centres” insert “and secure colleges”. In subsection (1), after “secure training centres” insert “and secure colleges”. Omit subsection (3).
A contracted-out secure college must be run in accordance with—
this Schedule,
the Prison Act 1952 as it applies to contracted-out secure colleges by virtue of section 43 of that Act and this Schedule, and
secure college rules.
Every contracted-out secure college must have a monitor. The monitor must be a Crown servant appointed by the Secretary of State. The monitor must— The monitor also has the other functions conferred on the monitor by secure college rules. The contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the monitor of the functions described in this paragraph. They may do so by giving directions to officers of the secure college or otherwise.
This paragraph applies where it appears to the Secretary of State that— The Secretary of State may appoint a Crown servant (the “appointed person”) to act as principal of the secure college for the period— During that period— The Secretary of State must, by notice to the appointed person, terminate the person’s appointment if satisfied that— The Secretary of State must— Those persons are—
A person who is or has been employed at a contracted-out secure college (whether as a secure college custody officer or otherwise) commits an offence if the person discloses information— It is not an offence under this paragraph for a person to disclose information— A person who commits an offence under this paragraph is liable— In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12 months is to be read as a reference to 6 months. In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
In section 52 of the Prison Act 1952 (exercise of power to make rules etc), after subsection (3) insert—
In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment count for certain offences), after paragraph (ab) insert—.
Section 54 (road traffic offences in UK: application of section 55) is amended as follows. In subsection (2)— For subsection (3) substitute— After that subsection insert— After subsection (5) insert—
Paragraphs 23 and 24 are to be treated as having come into force on 1 December 2014.
Section 55 (duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows. For the heading substitute “ Duty to give notice to Republic of Ireland of UK driving disqualification ”. In subsection (1), for “the State in which the offender is normally resident” substitute “ the Republic of Ireland ”. In subsection (2)(f), for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”. In subsection (9)—
For the italic heading before section 56 substitute “ Road traffic offences in Republic of Ireland ”.
Section 56 (road traffic offences in Republic of Ireland: application of section 57) is amended as follows. For subsection (2) substitute— In subsection (3)— For subsection (4) substitute— Omit subsection (5). In subsection (6), for “the part of the United Kingdom in which the offender is normally resident” substitute “ the relevant part of the United Kingdom ”. After that subsection insert— Omit subsection (7). In subsection (8)— After subsection (9) insert—
Section 57 (recognition in United Kingdom of foreign driving disqualification) is amended as follows. In the heading, for “foreign” substitute “ Republic of Ireland ”. In the following provisions, for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ” In subsection (1)(a) and (b), for “one month” substitute “ three months ”. In subsection (2)(b), for “the State in which the offender was convicted” substitute “ the Republic of Ireland ”. In subsection (3)—
In section 58(1)(a) and (b) (notice under section 57), for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ”.
Section 63 (production of licence: Great Britain) is amended as follows. In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Department ”. Omit subsection (5).
Section 64 (production of licence: Northern Ireland) is amended as follows. In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Secretary of State ”. Omit subsection (5).
In section 65(3) (production of licence: Community licence holders), for the words from “the same” to the end substitute “ the Republic of Ireland ”.
In section 68 (endorsement of licence: Great Britain), for subsection (1) substitute—
In section 69 (endorsement of licence: Northern Ireland), for subsection (1) substitute—
In section 70(1) (duty of appropriate Minister to inform competent authority)—
for “any State” substitute “ the Republic of Ireland ”, and
for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.
Section 72 (regulations: Great Britain) is amended as follows. In subsection (2), at the end insert “ , subject to subsection (2A) ”. After subsection (2) insert—
Section 73 (regulations: Northern Ireland) is amended as follows. In subsection (2), at the end insert “ , subject to subsection (2A) ”. After subsection (2) insert—
Section 74(1) (interpretation) is amended as follows. “central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications; “competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications; Omit the definition of “the convention on driving disqualifications”. In the definition of “disqualified”, after “and” insert “ , except in section 71A, ”. Omit the definition of “foreign disqualification”. “Republic of Ireland disqualification” means the disqualification mentioned in section 56; “Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.
In section 74(2) (interpretation of references to disqualification for life), for “foreign disqualification” substitute “ Republic of Ireland disqualification ”.
In section 74, at the end insert—
Schedule 3 (offences for the purposes of section 54) is amended as follows. In the heading, at the end insert “ : Great Britain ”. In paragraph 1, for sub-paragraph (2) substitute— In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))”. In paragraph 3— In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”. In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern Ireland) Order 1981”. In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))”.
After Schedule 3 insert—
After Schedule 3A insert—
A local authority in England is not a care provider for the purposes of section 21 to the extent that it carries out functions to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies.
A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in England mentioned in subsection (1) in respect of which either of the following has effect—
a direction under section 15(6)(a) of the Local Government Act 1999 (power of Secretary of State to direct functions of a best value authority to be carried out by another person);
a direction under section 497A(4) or (4A) of the Education Act 1996 (power of Secretary of State to direct certain functions to be carried out by another person).
Where a body corporate has entered into arrangements with a local authority in England under Part 1 of the Children and Young Persons Act 2008 (social work services for children and young persons), the body is not a care provider for the purposes of section 21 to the extent that it carries out relevant care functions of that authority (as defined in that Part of that Act) under those arrangements.
A local authority in Wales is not a care provider for the purposes of section 21 to the extent that it—
carries out functions under Part 2 of the Childcare Act 2006;
carries out the education functions of the authority (as defined in section 579(1) of the Education Act 1996);
carries out the social services functions of the authority (as defined in the Local Authority Social Services Act 1970), so far as relating to a child.
A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in Wales mentioned in subsection (4) in respect of which any of the following has effect—
a direction under section 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (direction that a function be performed by the Welsh Ministers or their nominee);
a direction under section 25 or 26 of the School Standards and Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers to direct education functions to be carried out by another person);
a direction under section 154 or 155 of the Social Services and Well-Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to direct social services functions to be carried out by another person).
A registered adoption society or registered adoption support agency is not a care provider for the purposes of section 21 to the extent that it provides adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002).
In this section, “local authority” means—
in England, a county council, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a London borough council, the Council of the Isles of Scilly and (in its capacity as a local authority) the Common Council of the City of London, and
in Wales, a county council or a county borough council.
In this section—
an instrument made under an Act before the regulations come into force.
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In section 14(9) of the Offender Management Act 2007 (disclosure)—
in paragraph (a), after sub-paragraph (ii) insert—;
in paragraph (a), for “section in question” substitute “provision in question”;
in paragraph (b)(ii), omit the words from “for offenders” to the end.
In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests), after Part 1 insert—
After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 insert—
“education”—
“day care” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
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A person who resists or wilfully obstructs a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence. A person who commits an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
The references in paragraphs 20, 21 and 22 to the carrying out of functions or the performance of custodial duties at a secure college include references to the carrying out of functions or the performance of such duties for the purposes of, or for purposes connected with, a secure college.
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in paragraph (aa), after “section” insert “1(2B) or”, and
in paragraph (ba), after “section” insert “139(6B), 139(5B) or”.
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A service provider is not capable of being guilty of an offence under section 33 in respect of anything done in the course of providing so much of an information society service as consists in— if the condition in sub-paragraph (2) is satisfied. The condition is that the service provider does not— For the purposes of sub-paragraph (1)— includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
This paragraph applies for the purposes of this Schedule. “Disclose” and “photograph or film” have the meanings given in section 34. “Information society services”— and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. “Service provider” means a person providing an information society service. For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales or an EEA state—
After section 9 of the Coroners and Justice Act 2009 insert—
In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests: miscellaneous), at the end insert—
“the court” means the High Court or the Court of Appeal;
Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows. In subsection (2), after paragraph (b) (but before “or”) insert—. In subsection (3), before paragraph (b) insert—. “section 236A prisoner” means a prisoner who is serving a sentence under section 236A of the Criminal Justice Act 2003 (including one imposed as a result of section 224A of the Armed Forces Act 2006).
In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (relevant duty of care), in the definition of “custodial institution”, after “secure training centre,” insert “a secure college,”.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
The Secretary of State may enter into a contract with another person for functions to be carried out at a directly managed secure college by secure college custody officers provided by that person. In this Schedule, “contracted-out functions” means any functions which, by virtue of a contract under this paragraph, fall to be performed by secure college custody officers.
A person who assaults a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence. A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both). In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months. In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.
In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—
In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—
after “fine” insert “imposed for an offence”, and
after “a reference to” insert —.
includes vocational, social, physical and recreational training;
In section 102(2) (definition of “youth detention accommodation” for the purposes of remand), after paragraph (a) insert—.
In section 103(1) (arrangements for remand), for “the accommodation in secure children’s homes, or accommodation within section 102(2)(d), of” substitute “the provision of accommodation of a kind listed in section 102(2) for”.
Part 4 of the Courts Act 2003 (court security officers) is amended as follows. In section 54A (powers in relation to jurors’ electronic communications devices) (inserted by section 70 of this Act)— In section 55(1A) (powers to retain articles surrendered or seized) (inserted by section 70 of this Act), after “1974” insert “or section 9A of the Coroners and Justice Act 2009”.
includes vocational, social, physical and recreational training;
A person guilty of an offence under section 21 is liable, on conviction on indictment or summary conviction, to a fine.
A court before which a person is convicted of an offence under section 21 may make either or both of the following orders— (whether instead of or as well as imposing a fine).
a remedial order;
a publicity order;
A “remedial order” is an order requiring the person to take specified steps to remedy one or more of the following—
the breach mentioned in section 21(1)(b) (“the relevant breach”);
any matter that appears to the court to have resulted from the relevant breach and to be connected with the ill-treatment or neglect;
any deficiency in the person's policies, systems or practices of which the relevant breach appears to the court to be an indication.
A “publicity order” is an order requiring the person to publicise in a specified manner—
the fact that the person has been convicted of the offence;
specified particulars of the offence;
the amount of any fine imposed;
the terms of any remedial order made.
A remedial order—
may be made only on an application by the prosecution which specifies the terms of the proposed order,
must be made on such terms as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to its terms by the prosecution or by or on behalf of the person convicted, and
must specify a period within which the steps specified in the order must be taken.
A publicity order must specify a period within which the requirements specified in the order must be complied with.
A person who fails to comply with a remedial order or a publicity order commits an offence and is liable, on conviction on indictment or summary conviction, to a fine.
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, subsections (1) and (7) have effect as if they provided for a fine on summary conviction not exceeding the statutory maximum.
For the purposes of sections 21 and 23, an unincorporated association is to be treated as owing whatever duties of care it would owe if it were a body corporate.
Proceedings for an offence under those sections alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
In relation to such proceedings, rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
In proceedings under section 21 or 23 brought against an unincorporated association, the following apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation);
Schedule 3 to the Magistrates' Courts Act 1980 (provision about corporation charged with offence before a magistrates' court).
A fine imposed on an unincorporated association on its conviction of an offence under section 21 or 23 is to be paid out of the funds of the association.
An individual cannot be guilty of—
aiding, abetting, counselling or procuring the commission of an offence under section 21, or
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence under section 21.
Where, in the same proceedings, there is— the defendant may, if the interests of justice so require, be convicted of both offences.
a charge under section 21 arising out of a particular set of circumstances, and
a charge against the same defendant of a relevant offence arising out of some or all of those circumstances,
A person convicted of an offence under section 21 arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a relevant offence arising out of some or all of those circumstances.
“Relevant offence” means an offence under an Act, or an instrument made under an Act, dealing with—
health and safety matters, ...
the provision of health care or social care , or
the provision of care or support for a child at a regulated establishment.
In this section—
A police constable listed in subsection (3) commits an offence if he or she—
exercises the powers and privileges of a constable improperly, and
knows or ought to know that the exercise is improper.
A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).
The police constables referred to in subsection (1) are—
a constable of a police force in England and Wales;
a special constable for a police area in England and Wales;
a constable or special constable of the British Transport Police Force;
a constable of the Civil Nuclear Constabulary;
a constable of the Ministry of Defence Police;
a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.
For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—
he or she exercises a power or privilege of a constable for the purpose of achieving—
a benefit for himself or herself, or
a benefit or a detriment for another person, and
a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.
For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).
The first case is where—
the police constable fails to exercise a power or privilege of a constable,
the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and
a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.
The second case is where—
the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,
the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and
a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.
An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.
In this section— “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent; “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.
“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.
The Criminal Justice Act 2003 is amended as follows.
References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.
Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.
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Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence) is amended as follows.
In paragraph 4(2) (cases for which a whole life order is the appropriate starting point), after paragraph (b) insert—.
In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit paragraph (a).
The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.
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Schedule 5 to this Act contains consequential provision.
After section 3ZB of the Road Traffic Act 1988 insert—
RTA section 3ZC Causing death by driving: disqualified drivers On indictment 10 years or a fine or both Obligatory Obligatory 3-11 RTA section 3ZD Causing serious injury by driving: disqualified drivers (a) Summarily (a) On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. Obligatory Obligatory 3-11 (b) On indictment (b) 4 years or a fine or both
In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—
in relation to an offence committed before 2 May 2022, the reference in column 4 to the general limit in a magistrates’ court on summary conviction in England and Wales is to be read as a reference to 6 months, and
in relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in column 4 to a fine on summary conviction in England and Wales is to be read as a reference to the statutory maximum.
Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.
The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.
In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,
in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and
omit subsection (6) (definition of “relevant discount”).
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—
in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,
in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and
omit subsection (6) (definition of “relevant discount”).
In consequence of the amendments made by subsections (1) and (2), omit paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.
For the heading of the Chapter substitute “ Mutual recognition of driving disqualification in UK and Republic of Ireland ”.
In section 54 (application of duty of the UK to give notice of driving disqualification)—
in subsection (1), for paragraph (a) substitute—
after subsection (1) insert—
In section 56(1) (application of duty of the UK to recognise driving disqualification imposed outside the UK), for paragraph (a) substitute—.
After section 71 insert—
In Schedule 7 to this Act—
Part 1 contains further provision for the purpose of implementing an agreement between the United Kingdom and the Republic of Ireland on the mutual recognition of driving disqualification;
Part 2 contains provision about the transition from the EU Convention on driving disqualification to that agreement.
In section 1 of the Malicious Communications Act 1988 (offence of sending letters etc with intent to cause distress or anxiety), for subsection (4) substitute—
The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.
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It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—
without the consent of an individual who appears in the photograph or film, and
with the intention of causing that individual distress.
But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).
It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
It is a defence for a person charged with an offence under this section to show that—
the disclosure was made in the course of, or with a view to, the publication of journalistic material, and
he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.
It is a defence for a person charged with an offence under this section to show that—
he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and
he or she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).
A person is taken to have shown the matters mentioned in subsection (4) or (5) if—
sufficient evidence of the matters is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
For the purposes of subsections (1) to (5)—
“consent” to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and
“publication” of journalistic material means disclosure to the public at large or to a section of the public.
A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).
Schedule 8 makes special provision in connection with the operation of this section in relation to persons providing information society services.
In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to be read as a reference to 6 months.
In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (9)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
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The following apply for the purposes of section 33, this section and section 35.
A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.
Something that is given, shown or made available to a person is disclosed—
whether or not it is given, shown or made available for reward, and
whether or not it has previously been given, shown or made available to the person.
“Photograph or film” means a still or moving image in any form that—
appears to consist of or include one or more photographed or filmed images, and
in fact consists of or includes one or more photographed or filmed images.
The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.
“Photographed or filmed image” means a still or moving image that—
was originally captured by photography or filming, or
is part of an image originally captured by photography or filming.
“Filming” means making a recording, on any medium, from which a moving image may be produced by any means.
References to a photograph or film include—
a negative version of an image described in subsection (4), and
data stored by any means which is capable of conversion into an image described in subsection (4).
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The following apply for the purposes of section 33.
A photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.
A photograph or film is “sexual” if—
it shows all or part of an individual’s exposed genitals or pubic area,
it shows something that a reasonable person would consider to be sexual because of its nature, or
its content, taken as a whole, is such that a reasonable person would consider it to be sexual.
Subsection (5) applies in the case of —
a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,
a photograph or film that combines two or more photographed or filmed images, and
a photograph or film that combines a photographed or filmed image with something else.
The photograph or film is not private and sexual if—
it does not consist of or include a photographed or filmed image that is itself private and sexual,
it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or
it is only by virtue of the alteration or combination mentioned in subsection (4) that the person mentioned in section 33(1)(a) and (b) is shown as part of, or with, whatever makes the photograph or film private and sexual.
In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc), for “on at least two occasions” substitute “ on one or more occasions ”.
In a case in which person A met or communicated with person B only once before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual Offences Act 2003, an offence under that section is committed only if the meeting or communication took place after this section comes into force.
Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.
In section 63 (possession of extreme pornographic images)—
after subsection (5) insert—,
in subsection (6), for “An” substitute “ In relation to possession of an image in Northern Ireland, an ”, and
after subsection (7) insert—
In section 66 (defence: participation in consensual acts)—
before subsection (1) insert—, and
in subsection (1)—
for “This section” substitute “ Subsection (2) ”, and
after “where” insert “ in Northern Ireland ”.
In section 67 (penalties for possession of extreme pornographic images)—
in subsection (2), for “Except where subsection (3) applies to the offence” substitute “ If the offence relates to an image that portrays any relevant act (with or without other acts) ”,
in subsection (3), for “act within section 63(7)(a) or (b)” substitute “ relevant act ”, and
after subsection (4) insert—
In Schedule 14 (special rules relating to providers of information society services)—
after paragraph 1(3) insert—, and
omit paragraph 6(2).
For section 43 of the Prison Act 1952 and the italic heading before it substitute—
In section 52 of the Prison Act 1952 (orders, rules and regulations), after subsection (2) insert—
Schedule 9 to this Act contains further amendments relating to secure colleges and other places for the detention of young offenders.
In Schedule 10—
Part 1 makes provision about contracting out the provision and running of secure colleges,
Part 2 makes provision about the certification of secure college custody officers,
Part 3 makes provision about contracting out functions at directly managed secure colleges,
Part 4 contains definitions, and
Part 5 contains further amendments relating to contracted-out secure colleges.
Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth Justice Board of entering into agreements for the provision of accommodation) is amended as follows.
In sub-paragraph (ii)—
after “2000” insert “ , section 226, 226B or 228 of the Criminal Justice Act 2003 ”, and
for “or 218” substitute “ 218, 221, 221A or 222 ”.
Omit sub-paragraphs (v) and (vi).
The Crime and Disorder Act 1998 is amended as follows.
In section 66ZA (youth cautions)—
in subsection (2) (caution to be given in presence of appropriate adult), omit “given to a person under the age of 17”, and
in subsection (3)(b) (certain matters to be explained to appropriate adult), omit “where that person is under the age of 17,”.
In section 66B(5) (requirements for giving youth conditional cautions: explanation and warning to be given in presence of appropriate adult), omit “If the offender is aged 16 or under,”.
In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions for the purposes of provisions about detention in Part 4 of that Act), in the definition of “arrested juvenile”, for “under the age of 17” substitute “ under the age of 18 ”.
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In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after paragraph 6 insert—
In paragraph 7 of that Schedule, in sub-paragraph (2), at the end insert “(subject to any order under paragraph 6A(2)(b))”.
In the heading before paragraph 7 of that Schedule, at the beginning insert “Consequences of”.
In section 160(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (statutory instruments subject to affirmative resolution procedure), after “103(2)” insert “or paragraph 6A(7) of Schedule 1”.
The amendments made by this section apply only in relation to a person who fails to comply with the terms of a youth offender contract after this section comes into force.
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For paragraphs 10 to 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 substitute—
In paragraph 13 of that Schedule—
omit sub-paragraphs (1), (6) and (7),
in sub-paragraph (2), for “paragraph 11 or 12 above in respect of the offence mentioned in paragraph 10 above” substitute “paragraph 10 in respect of an offence”, and
in sub-paragraph (8), for “paragraphs 10 to 12” substitute “paragraph 10”.
In consequence of the amendments made above—
in paragraphs 5(3) and 9 of that Schedule, for “paragraph 9ZD, 11 or 12” substitute “paragraphs 9ZD or 10”,
in the heading before paragraph 13 of that Schedule, for “paragraph 11 and 12” substitute “paragraph 10”, and
in paragraph 14(1)(a) of that Schedule, for “paragraph 11 or 12” substitute “paragraph 10”.
The amendments made by this section apply in relation to a person dealt with for an offence committed before or after this section comes into force.
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The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In Schedule 1—
in paragraph 14(1)(b) (further conviction: cases where revocation not available), for “absolutely” substitute “, whether absolutely or conditionally”,
The court may revoke the referral order (or any one or more of the referral orders) if it appears to the court to be in the interests of justice to do so. The revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9ZD or 10.
in the heading before paragraph 14, for “which lead to revocation of referral” substitute “: power to revoke referral orders”.
In section 18 (making of referral orders: general), after subsection (3) insert—
The amendments made by this section apply in relation to a person dealt with for an offence committed before or after this section comes into force.
Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute proceedings by written charge) is amended as follows.
In subsection (1), for “public prosecutor” substitute “ relevant prosecutor ”.
For subsection (2) substitute—
In subsection (3), for “The” substitute “ Where a relevant prosecutor issues a written charge and a requisition, the ”.
After subsection (3) insert—
After subsection (3B) insert—
In subsection (4), for the words from the beginning to “public prosecutor” substitute “ A relevant prosecutor authorised to issue a requisition ”.
In subsection (5), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.
After subsection (5) insert—
A person who immediately before the commencement of this section is— is to be treated after the commencement of this section as authorised to issue requisitions and single justice procedure notices (subject to the order specifying that person being varied or revoked).
a person specified in an order under section 29(5)(h) of the Criminal Justice Act 2003, or
a person authorised by a person so specified to institute criminal proceedings,
Section 30 of the Criminal Justice Act 2003 (further provision about method of instituting proceedings in section 29) is amended as follows.
In subsection (1)—
in paragraph (a), for “or requisitions” substitute “ , requisitions or single justice procedure notices ”, and
in paragraph (b), for “or requisitions” substitute “ , requisitions or single justice procedure notices ”.
In subsection (2)(b), after “further requisitions” insert “ or further single justice procedure notices ”.
In subsection (5)—
in paragraph (b), for “public prosecutor” substitute “ relevant prosecutor ”, and
after paragraph (b) insert, and
After subsection (7) insert—
In subsection (8)—
for “ “public prosecutor”,” substitute “ “relevant prosecutor”, ”, and
after “ “requisition”” insert “ , “single justice procedure notice” ”.
The Magistrates' Courts Act 1980 is amended as follows.
In section 11 (non-appearance of accused: general provisions)—
in subsection (1), for “and (4)” substitute “ , (4) and (8) ”, and
after subsection (7) insert—
After section 16 insert—
In section 121 of the Magistrates' Courts Act 1980 (constitution etc of a magistrates' court), after subsection (5) insert—
Schedule 11 contains further amendments relating to the provision made by sections 46 to 49.
In section 127 of the Communications Act 2003 (improper use of public electronic communications network), at the end insert—
The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.
In section 22A of the Magistrates' Courts Act 1980 (low-value shoplifting), in subsection (2) (right to elect trial by Crown Court), for paragraph (b) substitute—
In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown Court: adults), in subsection (2)(b), after “21,” insert “ 22A(2)(b), ”.
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In section 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (committal for sentence on indication of guilty plea by child or young person), for subsection (1) substitute—
For the heading of that section substitute “Committal for sentence of young offenders on summary trial of certain serious offences”.
The amendment made by subsection (1) applies only if the person convicted of the offence first appeared in respect of the offence after the day on which the amendment comes into force.
For the purposes of subsection (3), a person first appears in respect of an offence when the person first appears or is brought before a magistrates’ court in the proceedings in which the person is charged with the offence.
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In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where payment enforceable as on summary conviction)—
after paragraph 9 insert—,
re-number paragraph 13 as paragraph 12A, and
re-number paragraph 13A as paragraph 12B.
Schedule 12 to this Act makes further provision about the criminal courts charge.
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After the end of the initial period, the Lord Chancellor must carry out a review of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by section 54 of this Act).
“The initial period” is the period of 3 years beginning with the day on which section 54(1) comes into force.
If the Lord Chancellor considers it appropriate, having regard to the conclusions reached on the review, the Lord Chancellor must by regulations repeal Part 2A of the Prosecution of Offences Act 1985.
Regulations under this section may include consequential, transitional, transitory and saving provision, including provision amending an Act (whenever passed or made).
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—
In paragraph 22 (variation of collection order)—
omit sub-paragraph (1),
in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”,
in sub-paragraph (4)(a), omit “in P's favour”,
after sub-paragraph (4) insert—, and
for sub-paragraph (7) substitute—
In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—.
In paragraph 31 (variation of reserve terms)—
for sub-paragraph (1) substitute—,
in sub-paragraph (3)(a), omit “in P's favour”, and
after sub-paragraph (3) insert—
In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—.
This section applies where, in proceedings on a claim for damages in respect of personal injury (“the primary claim”)—
the court finds that the claimant is entitled to damages in respect of the claim, but
on an application by the defendant for the dismissal of the claim under this section, the court is satisfied on the balance of probabilities that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim.
The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed.
The duty under subsection (2) includes the dismissal of any element of the primary claim in respect of which the claimant has not been dishonest.
The court's order dismissing the claim must record the amount of damages that the court would have awarded to the claimant in respect of the primary claim but for the dismissal of the claim.
When assessing costs in the proceedings, a court which dismisses a claim under this section must deduct the amount recorded in accordance with subsection (4) from the amount which it would otherwise order the claimant to pay in respect of costs incurred by the defendant.
If a claim is dismissed under this section, subsection (7) applies to—
any subsequent criminal proceedings against the claimant in respect of the fundamental dishonesty mentioned in subsection (1)(b), and
any subsequent proceedings for contempt of court against the claimant in respect of that dishonesty.
If the court in those proceedings finds the claimant guilty of an offence or of contempt of court, it must have regard to the dismissal of the primary claim under this section when sentencing the claimant or otherwise disposing of the proceedings.
In this section—
In the Armed Forces Act 2006, after section 224 insert—
In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
in paragraph (za), after “section” insert “ 1(2B) or ”, and
in paragraph (aa), after “section” insert “ 139(6B), 139A(5B) or ”.
Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows. In sub-paragraph (ca) omit “, disqualified”. After that sub-paragraph insert—.
This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). Proceedings for an offence under section 33 may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. The derogation condition is satisfied where the institution of proceedings— “The public interest objective” means the pursuit of public policy.
A service provider is not capable of being guilty of an offence under section 33 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied. This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided— This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows. In subsection (1)(a)— For subsection (1A) substitute— In subsection (6), omit “not within subsection (5) above”. After subsection (6) insert— Omit subsections (7) and (7A).
In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release), after “secure training centre” insert “or secure college”.
“personal injury” includes any disease and any other impairment of a person's physical or mental condition;
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This paragraph applies where a service provider is established in England and Wales (an “E&W service provider”). Section 33 applies to an E&W service provider who— as well as to a person who discloses a photograph or film in England and Wales. In the case of an offence under section 33, as it applies to an E&W service provider by virtue of sub-paragraph (2)— Nothing in this paragraph affects the operation of paragraphs 3 to 5.
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. The service provider is not capable of being guilty of an offence under section 33 in respect of the automatic, intermediate and temporary storage of information so provided, if— The condition is that the service provider— This sub-paragraph applies if the service provider obtains actual knowledge that—
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Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows. In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”. After paragraph (f) insert—.
The Criminal Justice Act 2003 is amended as follows.
Section 237 (meaning of “fixed-term prisoner”) is amended as follows. In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”. In subsection (1B)— In subsection (3), for “or 227” substitute “ , 227 or 236A ”.
In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.
Section 250 (licence conditions) is amended as follows. In subsection (4)— In subsection (5A) (inserted by section 15 of this Act)—
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In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.
Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows. In subsection (2A), after “226B” insert “ or a sentence under section 236A ”. In subsection (5), after “244” insert “ , 244A ”.
In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.
In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.
Section 264 (consecutive terms) is amended as follows. For subsection (6) substitute— In subsection (7), for “or 228” substitute “ , 228 or 236A ”.
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This section does not apply to proceedings started by the issue of a claim form before the day on which this section comes into force.
A regulated person is in breach of this section if—
the regulated person offers another person a benefit or is treated as doing so under subsection (4),
the offer of the benefit is an inducement to make a claim in civil proceedings for—
damages for personal injury or death, or
damages arising out of circumstances involving personal injury or death, and
the benefit is not related to the provision of legal services in connection with the claim.
An offer of a benefit to another person is an inducement to make a claim if the offer of the benefit—
is intended to encourage the person to make a claim or to seek advice from a regulated person with a view to making a claim, or
is likely to have the effect of encouraging the person to do so.
An offer of a benefit may be an inducement to make a claim regardless of—
when or by what means the offer is made,
whether the receipt of the benefit pursuant to the offer is subject to conditions,
when the benefit may be received pursuant to the offer, or
whether the benefit may be received by the person to whom the offer is made or by a third party.
If a person other than a regulated person offers a benefit in accordance with arrangements made by or on behalf of a regulated person—
the regulated person is to be treated as offering the benefit, and
the offer of the benefit is to be treated as satisfying subsection (2)(a) if the arrangements were intended to encourage people to make claims or seek advice from a regulated person with a view to making a claim.
The Lord Chancellor may by regulations make provision as to the circumstances in which a benefit is related to the provision of legal services in connection with a claim, including provision about benefits relating to—
fees to be charged in respect of the legal services,
expenses which are or would be necessarily incurred in connection with the claim, or
insurance to cover legal costs and expenses in connection with the claim.
The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restriction imposed on regulated persons by section 58.
A regulator may make rules for the purposes of subsection (1).
The rules may in particular provide that, in relation to anything done in breach of that section, the relevant regulator may exercise any powers that the regulator would have in relation to anything done by the regulated person in breach of another restriction (subject to subsection (4)).
A breach of section 58—
does not make a person guilty of an offence, and
does not give rise to a right of action for breach of statutory duty.
Subsection (6) applies in a case where—
a regulated person has offered a benefit to a person or is treated as having done so under section 58(4), and
it appears to the regulator that the offer of the benefit is an inducement to make a claim as mentioned in section 58(1)(b).
Rules under subsection (2) may provide for the offer of the benefit to the person to be treated as an inducement to make a claim as mentioned in section 58(1)(b) unless the regulated person shows—
that the benefit was offered for a reason other than encouraging the person to make a claim or to seek advice from a regulated person with a view to making a claim, or
that the benefit is related to the provision of legal services in connection with the claim (see regulations under section 58(5)).
In relation to an offer of a benefit which is an inducement to make a claim in civil proceedings for damages for personal injury or death or arising out of circumstances involving personal injury or death—
a regulator is any person listed in column 1 below;
a regulated person is any person listed in column 2;
a regulator in column 1 is the relevant regulator in relation to the corresponding person in column 2. Regulator Regulated person The General Council of the Bar A person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 The Chartered Institute of Legal Executives A person authorised by the Institute to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 The Law Society A person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 A licensing authority for the purposes of Part 5 of the Legal Services Act 2007 (alternative business structures) A person who is licensed by the authority to carry on a reserved legal activity A regulatory body specified for the purposes of this section in regulations made by the Lord Chancellor A person of a description specified for the purposes of this section in regulations made by the Lord Chancellor in relation to the body specified under column 1
For the purposes of this section and sections 58 and 59—
For the purposes of this section and section 59 whether an offer of a benefit is an inducement to make a claim is to be determined in accordance with section 58.
This section applies to regulations under section 58 or 60.
The regulations are to be made by statutory instrument.
The regulations may include consequential, supplementary, incidental, transitional, transitory or saving provision.
Regulations under section 58 may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations under section 60 is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of Protection) is amended as follows.
For subsection (2) substitute—
Omit subsection (3).
In subsection (4)(d), omit “higher”.
Part 2 of the Administration of Justice Act 1969 (appeal from High Court to Supreme Court) is amended as follows.
In section 12 (grant of a certificate by the trial judge enabling an appeal to the Supreme Court), in subsection (1)—
in paragraph (a), after “those proceedings” insert “ or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings ”, and
omit paragraph (c) (requirement that all parties consent to the grant of the certificate) and the “and” before it.
After subsection (3) insert—
In section 16 (application of Part 2 to Northern Ireland), after subsection (1) insert—
In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—
In the Employment Tribunals Act 1996, after section 37 insert—
The Special Immigration Appeals Commission Act 1997 is amended as follows.
Before section 8 insert—
In section 1(4) (challenges to decisions of the Commission), after “section 7” insert “ and sections 7B to 7D ”.
In section 7(3) (appeals from the Commission: definition of “the appropriate appeal court”), after “In this section” insert “ and sections 7B to 7D ”.
In section 8 (procedure on applications for leave to appeal)—
in subsection (1), at the end insert “ or for the grant of a certificate under section 7B ”, and
in subsection (2), omit “for leave to appeal”.
In the heading of section 8, after “leave to appeal” insert “ etc ”.
Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal, High Court, family court and county court) is amended as follows.
After subsection (7) (wasted costs) insert—
After subsection (12) insert—
The Juries Act 1974 is amended as follows.
In section 1(1)(a) (qualification for jury service), for the words from “and” to the end substitute “ and aged eighteen or over but under seventy six ”.
In section 3(1) (electoral register as basis of jury selection), for “less than eighteen or more than seventy years of age” substitute— .
In the Juries Act 1974, after section 15 insert—
Part 4 of the Courts Act 2003 (court security officers) is amended as follows.
After section 54 insert—
In section 55 (powers to retain articles surrendered or seized)—
after subsection (1) insert—, and
in subsection (2), for paragraph (a) substitute—.
In section 56(1)(a) (regulations about retention of articles)—
in sub-paragraph (i), after “54(1)” insert “ or 54A(4)(a) ”, and
in sub-paragraph (ii), after “54(2)” insert “ or 54A(4)(b) ”.
The Juries Act 1974 is amended as follows.
For the heading of section 20 substitute “ Offences: failure to attend, serving while disqualified etc ”.
After section 20 insert—
In the Juries Act 1974, after section 20A insert—
In the Juries Act 1974, after section 20B insert—
In the Juries Act 1974, after section 20C insert—
In the Contempt of Court Act 1981, as it extends to England and Wales, section 8 (confidentiality of jury's deliberations) is repealed.
In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the beginning insert “ In Scotland and Northern Ireland, ”.
In the heading of that section, at the end insert “ : Scotland and Northern Ireland ”.
Schedule 13 makes provision about juries at inquests and their deliberations.
Schedule 14 makes provision about members of the Court Martial and their deliberations.
In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after paragraph 6 insert—
In section 22 of the Juries Act 1974 (consequential amendments, savings and repeals), at the beginning insert—
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
After section 45 (power to restrict reporting of criminal proceedings involving persons under 18) insert—
In section 49 (offences under Chapter 4)—
after subsection (1) insert—, and
at the end insert—
In section 50 (defences)—
after subsection (6) insert—, and
in subsection (8), after “defence” insert “ by virtue of subsections (5) to (7) ”.
Section 39 of the Children and Young Persons Act 1933 (power to prohibit publication of certain matter in newspapers) is amended as follows.
In subsection (1)—
after “any proceedings” insert “ , other than criminal proceedings, ”, and
after “direct that” insert “ the following may not be included in a publication ”.
In subsection (1)(a)—
omit “no newspaper report of the proceedings shall reveal”, and
omit “, or include any particulars calculated to lead to the identification,”.
In subsection (1), after paragraph (a) insert—.
In subsection (1)(b)—
for “no picture shall be published in any newspaper as being or including” substitute “ a picture that is or includes ”, and
omit “as aforesaid”.
In subsection (2), for “publishes any matter” substitute “ includes matter in a publication ”.
After subsection (2) insert—
In the heading of that section, omit “in newspapers”.
After that section insert—
In section 57(3) of the Children and Young Persons Act 1963 (extending section 39 of the Children and Young Persons Act 1933 to Scotland) after paragraph (a) (but before “and”) insert—.
In consequence of the amendment made by subsection (2)(a), omit paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999.
Subsection (2)(a) does not affect the operation of section 39 of the Children and Young Persons Act 1933 in relation to criminal proceedings instituted before the day on which it comes into force.
For the purposes of subsection (12)—
proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act;
proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.
Schedule 15 makes special provision in connection with the operation of the following in relation to persons providing information society services—
section 39 of the Children and Young Persons Act 1933;
section 49 of the Youth Justice and Criminal Evidence Act 1999 as it applies to a publication that includes matter in contravention of a direction under section 45A(2) of that Act.
Section 5 of the Constitutional Reform Act 2005 (representations to Parliament) is amended as follows.
At the beginning insert—
In subsections (2) and (3), for “those matters” substitute “ the matters mentioned in subsections (A1) and (1) ”.
In section 39(4) of the Constitutional Reform Act 2005 (circumstances in which a judge of the Supreme Court or a senior territorial judge becomes a member of the supplementary panel), after “ while he holds such office ” insert “ or within 2 years of ceasing to hold such office ”.
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In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules of court about when the Court of Session may grant permission to appeal against a decision of the Upper Tribunal), after “principle” insert “ or practice ”.
In section 31 of the Senior Courts Act 1981 (applications for judicial review), after subsection (2) insert—
In that section, before subsection (4) insert—
In that section, after subsection (7) insert—
In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper Tribunal's “judicial review” jurisdiction), after subsection (5) insert—
In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application for relief under section 15(1)), before subsection (4) insert—
In that section, after subsection (6) insert—
In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply for judicial review)—
after second “unless” insert— , and
at the end insert, and
In that section, after subsection (3) insert—
In section 16(3) of the Tribunals, Courts and Enforcement Act 2007 (applications for permission or leave to apply for relief under section 15(1): Upper Tribunal's “judicial review” jurisdiction)—
after “unless” insert— , and
at the end insert, and
In that section, after subsection (3) insert—
This section applies when the High Court, the Upper Tribunal or the Court of Appeal is determining by whom and to what extent costs of or incidental to judicial review proceedings are to be paid.
The information to which the court or tribunal must have regard includes—
information about the financing of the proceedings provided in accordance with section 31(3)(b) of the Senior Courts Act 1981 or section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and
any supplement to that information provided in accordance with rules of court or Tribunal Procedure Rules.
The court or tribunal must consider whether to order costs to be paid by a person, other than a party to the proceedings, who is identified in that information as someone who is providing financial support for the purposes of the proceedings or likely or able to do so.
In this section “judicial review proceedings” means—
proceedings on an application for leave to apply for judicial review,
proceedings on an application for judicial review,
proceedings on an application for permission to apply for relief under section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case arising under the law of England and Wales,
proceedings on an application for such relief in such a case,
any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a), (b), (c) or (d), and
proceedings on an appeal from such a decision.
This section applies where—
a person is granted permission to file evidence or make representations in judicial review proceedings, and
at that time, the person is not a relevant party to the proceedings.
That person is referred to in this section as an “intervener”.
A relevant party to the proceedings may not be ordered by the High Court or the Court of Appeal to pay the intervener's costs in connection with the proceedings.
Subsection (3) does not prevent the court making an order if it considers that there are exceptional circumstances that make it appropriate to do so.
On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, if the court is satisfied that a condition described in subsection (6) is met in a stage of the proceedings that the court deals with, the court must order the intervener to pay any costs specified in the application that the court considers have been incurred by the relevant party as a result of the intervener's involvement in that stage of the proceedings.
Those conditions are that—
the intervener has acted, in substance, as the sole or principal applicant, defendant, appellant or respondent;
the intervener's evidence and representations, taken as a whole, have not been of significant assistance to the court;
a significant part of the intervener's evidence and representations relates to matters that it is not necessary for the court to consider in order to resolve the issues that are the subject of the stage in the proceedings;
the intervener has behaved unreasonably.
Subsection (5) does not require the court to make an order if it considers that there are exceptional circumstances that make it inappropriate to do so.
In determining whether there are exceptional circumstances that are relevant for the purposes of subsection (4) or (7), the court must have regard to criteria specified in rules of court.
In this section, “judicial review proceedings” means— and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.
proceedings on an application for leave to apply for judicial review,
proceedings on an application for judicial review,
any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and
proceedings on an appeal from such a decision,
For the purposes of this section, “a relevant party” to judicial review proceedings means any of the following—
a person who is or has been an applicant or defendant in the proceedings described in subsection (9)(a), (b) or (c);
a person who is or has been an appellant or respondent in the proceedings described in subsection (9)(d);
any other person who is or has been directly affected by the proceedings and on whom the application for judicial review, or for leave to apply for judicial review, has been served.
If a person who is an intervener in judicial review proceedings becomes a relevant party to the proceedings, the person is to be treated for the purposes of subsections (3) and (5) as having been a relevant party, rather than an intervener, at all times when involved in the proceedings.
A costs capping order may not be made by the High Court or the Court of Appeal in connection with judicial review proceedings except in accordance with this section and sections 89 and 90.
A “costs capping order” is an order limiting or removing the liability of a party to judicial review proceedings to pay another party's costs in connection with any stage of the proceedings.
The court may make a costs capping order only if leave to apply for judicial review has been granted.
The court may make a costs capping order only on an application for such an order made by the applicant for judicial review in accordance with rules of court.
Rules of court may, in particular, specify information that must be contained in the application, including—
information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and
if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.
The court may make a costs capping order only if it is satisfied that—
the proceedings are public interest proceedings,
in the absence of the order, the applicant for judicial review would withdraw the application for judicial review or cease to participate in the proceedings, and
it would be reasonable for the applicant for judicial review to do so.
The proceedings are “public interest proceedings” only if—
an issue that is the subject of the proceedings is of general public importance,
the public interest requires the issue to be resolved, and
the proceedings are likely to provide an appropriate means of resolving it.
The matters to which the court must have regard when determining whether proceedings are public interest proceedings include—
the number of people likely to be directly affected if relief is granted to the applicant for judicial review,
how significant the effect on those people is likely to be, and
whether the proceedings involve consideration of a point of law of general public importance.
The Lord Chancellor may by regulations amend this section by adding, omitting or amending matters to which the court must have regard when determining whether proceedings are public interest proceedings.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section and sections 89 and 90—
For the purposes of this section and section 89, in relation to judicial review proceedings—
the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review, and
references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.
The matters to which the court must have regard when considering whether to make a costs capping order in connection with judicial review proceedings, and what the terms of such an order should be, include—
the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties;
the extent to which the applicant for the order is likely to benefit if relief is granted to the applicant for judicial review;
the extent to which any person who has provided, or may provide, the applicant with financial support is likely to benefit if relief is granted to the applicant for judicial review;
whether legal representatives for the applicant for the order are acting free of charge;
whether the applicant for the order is an appropriate person to represent the interests of other persons or the public interest generally.
A costs capping order that limits or removes the liability of the applicant for judicial review to pay the costs of another party to the proceedings if relief is not granted to the applicant for judicial review must also limit or remove the liability of the other party to pay the applicant's costs if it is.
The Lord Chancellor may by regulations amend this section by adding to, omitting or amending the matters listed in subsection (1).
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“benefit” means—
In this Schedule, “secure college custody officer” means a person in respect of whom a certificate under this Part of this Schedule is for the time being in force certifying that the person has been approved by the Secretary of State for the purposes of performing custodial duties at secure colleges.
Where it appears to the Secretary of State that a secure college custody officer is not a fit and proper person to perform custodial duties at secure colleges, the Secretary of State may revoke the officer’s certificate.
The Magistrates’ Courts Act 1980 is amended as follows.
In section 164 of the Criminal Justice Act 2003 (fixing of fines), after subsection (5)(a) (but before “or”) insert—.
After Schedule 1 to the Children and Young Persons Act 1933 insert—
Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) is amended as follows. In subsections (1) and (2), omit “within six weeks from the date on which the decision is taken”. After subsection (2) insert— In subsection (3), after “section” insert “(other than an application for leave)”.
Section 1 (issue of summons to accused etc) is amended as follows. In subsection (4A), for “public prosecutor” substitute “relevant prosecutor authorised to issue requisitions”. Omit subsection (4B). In subsection (6A), for “public prosecutor” substitute “relevant prosecutor”.
In section 11 (non-appearance of accused: general provisions), after subsection (5) insert—
In section 123 (defect in process), after subsection (2) insert—
In section 150(1) (interpretation of other terms)—
omit the entry for “public prosecutor”, “requisition” and “written charge”, and
at the appropriate places insert—, , , and .
The Lord Chancellor may by regulations provide that sections 88 and 89 do not apply in relation to judicial review proceedings which, in the Lord Chancellor's opinion, have as their subject an issue relating entirely or partly to the environment.
Regulations under this section—
may make provision generally or only in relation to proceedings described in the regulations, and
may include transitional, transitory or saving provision.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 16 contains amendments—
that require leave of court to be obtained before certain planning applications may be made, and
that set out a procedure for challenging costs orders made in connection with certain planning orders and decisions.
In section 61N of the Town and Country Planning Act 1990 (legal challenges relating to neighbourhood development orders)—
in subsections (1)(b) and (2)(b), after “beginning with” insert “ the day after ”;
in subsection (3)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”.
In section 106C of that Act (legal challenges relating to development consent obligations)—
in subsection (1)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”;
in subsection (1A), after “begins with” insert “ the day after ”;
in subsections (2)(b) and (3)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”.
In section 13 of the Planning Act 2008 (legal challenges relating to national policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”.
In section 118 of that Act (legal challenges relating to applications for orders granting development consent)—
in subsections (1)(b), (2)(b) and (3)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”;
in subsections (4)(b), (5)(b) and (6)(b)—
for “during” substitute “ before the end of ”;
after “day”, wherever occurring, insert “ after the day ”;
in subsection (7)(b)—
for “during” substitute “ before the end of ”;
after “beginning with” insert “ the day after ”.
The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.
The regulations may, in particular, amend, repeal or revoke legislation.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).
A statutory instrument containing regulations under this section that amend or repeal a provision of an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) to (4).
Section 52 (low value shoplifting: mode of trial) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
Section 62 (appeals from the Court of Protection) and this Part come into force on the day on which this Act is passed.
Paragraphs 23 to 25 of Schedule 7 (transition from EU Convention on driving disqualification to new agreement), and section 31(6)(b) so far as it relates to those paragraphs, come into force on the day on which this Act is passed.
An order under this section is to be made by statutory instrument.
An order under this section may—
appoint different days for different purposes, and
make transitional, transitory or saving provision.
An order under this section bringing into force section 16 (drugs for which prisoners etc may be tested) may appoint different days for different areas.
Subsection (9) applies to an order under this section the effect of which is to bring into force the Secretary of State's power to provide secure colleges for the detention of any or all of the following—
persons who are male and aged under 15;
persons who are female.
A statutory instrument containing the 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.
The reference in subsection (8) to the Secretary of State's power to provide secure colleges is to the power under section 43(1)(c) of the Prison Act 1952 (as inserted by section 38 of this Act).
An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council), subject to subsections (2) to (4).
An amendment or repeal of a provision of the Armed Forces Act 2006 extends to England and Wales, Scotland and Northern Ireland.
An amendment or repeal of any other provision, so far as it is applied by the Armed Forces Act 2006, extends to England and Wales, Scotland and Northern Ireland (and section 385 of that Act does not apply in relation to the amendment or repeal).
Section 79(9) and paragraph 1 of Schedule 15 (operation of section 39 of the Children and Young Persons Act 1933 in relation to providers of information society services) extend to England and Wales only.
A provision of this Act, other than an amendment or repeal, extends to England and Wales, Scotland and Northern Ireland, subject to subsection (6).
The following provisions extend to England and Wales only—
sections 17 and 18(1) to (4) (restrictions on use of cautions);
sections 20 to 25 (offences involving ill-treatment or wilful neglect);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 57 to 61 (personal injury claims: fundamental dishonesty and rules against inducements);
sections 86 to 90 (judicial review: information about financial resources, interveners and capping of costs);
Schedule 4 (ill-treatment or wilful neglect: excluded health care);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parts 1 to 4 of Schedule 10 (contracting out secure colleges).
The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Schedule that is made by or under this Act.
The power conferred by section 9(3) of the Special Immigration Appeals Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable in relation to any amendment of that Act that is made by or under this Act.
The power conferred by section 39(6) of the Terrorism Act 2006 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
Her Majesty may by Order in Council provide for an armed forces provision to extend, with or without modifications, to—
any of the Channel Islands,
the Isle of Man, or
any of the British overseas territories.
“Armed forces provision” means—
an amendment or repeal made by or under this Act of a provision of the Armed Forces Act 2006;
an amendment or repeal made by or under this Act of any other provision, so far as the provision is applied by the Armed Forces Act 2006.
This Act may be cited as the Criminal Justice and Courts Act 2015.