Миссия США при ОБСЕ - Продолжающиеся нарушения международного права Российской Федерацией и ее пренебрежение принципами и обязательствами ОБСЕ в Украине
This section applies where a person is convicted of an offence punishable with a custodial sentence other than one fixed by law.
Subject to subsection (3) below, the court shall not pass a custodial sentence on the offender unless it is of the opinion—
that the offence, or the combination of the offence and one other offence associated with it, was so serious that only such a sentence can be justified for the offence; or
where the offence is a violent or sexual offence, that only such a sentence would be adequate to protect the public from serious harm from him.
Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he refuses to give his consent to a community sentence which is proposed by the court and requires that consent.
Where a court passes a custodial sentence, it shall be its duty—
in a case not falling within subsection (3) above, to state in open court that it is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) above apply and why it is of that opinion; and
in any case, to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
A magistrates' court shall cause a reason stated by it under subsection (4) above to be specified in the warrant of commitment and to be entered in the register.
This section applies where a court passes a custodial sentence other than one fixed by law.
The custodial sentence shall be—
for such term (not exceeding the permitted maximum) as in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; or
where the offence is a violent or sexual offence, for such longer term (not exceeding that maximum) as in the opinion of the court is necessary to protect the public from serious harm from the offender.
Where the court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it, the court shall—
state in open court that it is of the opinion that subsection (2)(b) above applies and why it is of that opinion; and
explain to the offender in open court and in ordinary language why the sentence is for such a term.
A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) above as a custodial sentence for a term longer than any actual term.
Subject to subsection (2) below, a court shall obtain and consider a pre-sentence report before forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above.
Where the offence or any other offence associated with it is triable only on indictment, subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
In forming any such opinion as is mentioned in subsection (2) of section 1 or 2 above a court—
shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it; and
in the case of any such opinion as is mentioned in paragraph (b) of that subsection, may take into account any information about the offender which is before it.
No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection but any court on an appeal against such a sentence—
shall obtain a pre-sentence report if none was obtained by the court below; and
shall consider any such report obtained by it or by that court.
In this Part “pre-sentence report” means a report in writing which—
with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or by a social worker of a local authority social services department; and
contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State.
Subject to subsection (2) below, in any case where section 3(1) above applies and the offender is or appears to be mentally disordered, the court shall obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
Subsection (1) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court shall consider—
any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and
the likely effect of such a sentence on that condition and on any treatment which may be available for it.
No custodial sentence which is passed in a case to which subsection (1) above applies shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
shall obtain a medical report if none was obtained by the court below; and
shall consider any such report obtained by it or by that court.
In this section—
“directly managed prison” means a prison which is not a contracted out prison.
“extradited to the United Kingdom” means returned to the United Kingdom— in pursuance of extradition arrangements; under any law of a designated Commonwealth country corresponding to the Extradition Act 1989; under that Act as extended to a colony or under any corresponding law of a colony; or in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the Backing of Warrants (Republic of Ireland) Act 1965;
Nothing in this section shall be taken as prejudicing the generality of section 3 above.
For subsection (2) of section 22 (suspended sentences of imprisonment) of the Powers of Criminal Courts Act 1973 (“the 1973 Act”) there shall be substituted the following subsections—
The following shall cease to have effect, namely—
sections 28 and 29 of the 1973 Act (extended sentences of imprisonment for persistent offenders); and
section 47 of the Criminal Law Act 1977 (sentence of imprisonment partly served and partly suspended).
A court shall not pass on an offender a community sentence, that is to say, a sentence which consists of or includes one or more community orders, unless it is of the opinion that the offence, or the combination of the offence and one other offence associated with it, was serious enough to warrant such a sentence.
Subject to subsection (3) below, where a court passes a community sentence—
the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and
the restrictions on liberty imposed by the order or orders shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it.
In consequence of the provision made by section 11 below with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.
In this Part “community order” means any of the following orders, namely—
a probation order;
a community service order;
a combination order;
a curfew order;
a supervision order; and
an attendance centre order.
In forming any such opinion as is mentioned in subsection (1) or (2)(b) of section 6 above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
In forming any such opinion as is mentioned in subsection (2)(a) of that section, a court may take into account any information about the offender which is before it.
A court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the following orders, namely—
a probation order which includes additional requirements authorised by Schedule 1A to the 1973 Act;
a community service order;
a combination order; and
a supervision order which includes requirements imposed under section 12, 12A, 12AA, 12B or 12C of the Children and Young Persons Act 1969 (“the 1969 Act”).
No community sentence which consists of or includes such an order as is mentioned in subsection (3) above shall be invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
shall obtain a pre-sentence report if none was obtained by the court below; and
shall consider any such report obtained by it or by that court.
For section 2 of the 1973 Act there shall be substituted the following section—
Section 13 of that Act (effect of probation and discharge) shall cease to have effect so far as relating to offenders placed on probation.
For the purpose of rearranging Part I of that Act in consequence of the amendments made by subsections (1) and (2) above, that Part shall have effect subject to the following amendments, namely—
after section 1 there shall be inserted as sections 1A to 1C the provisions set out in Part I of Schedule 1 to this Act;
sections 7 and 9 (which are re-enacted with minor modifications by sections 1A and 1B) shall cease to have effect;
sections 8 and 13 (which, so far as relating to discharged offenders, are re-enacted with minor modifications by sections 1B and 1C) shall cease to have effect so far as so relating; and
immediately before section 11 there shall be inserted the following cross heading—.
For sections 3 to 4B of the 1973 Act there shall be substituted the following section—
After Schedule 1 to that Act there shall be inserted as Schedule 1A the provisions set out in Part II of Schedule 1 to this Act.
In subsection (1) of section 14 of the 1973 Act (community service orders in respect of offenders), the words “instead of dealing with him in any other way” shall cease to have effect.
In subsection (1A) of that section, for paragraph (b) there shall be substituted the following paragraph—
For subsections (2) and (2A) of that section there shall be substituted the following subsections—
In section 15(1) of that Act (obligations of persons subject to community service orders), for paragraph (a) there shall be substituted the following paragraph—.
Where a court by or before which a person of or over the age of sixteen years is convicted of an offence punishable with imprisonment (not being an offence for which the sentence is fixed by law) is of the opinion mentioned in subsection (2) below, the court may make a combination order, that is to say, an order requiring him both—
to be under the supervision of a probation officer for a period specified in the order, being not less than twelve months nor more than three years; and
to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
The opinion referred to in subsection (1) above is that the making of a combination order is desirable in the interests of—
securing the rehabilitation of the offender; or
protecting the public from harm from him or preventing the commission by him of further offences.
Subject to subsection (1) above, Part I of the 1973 Act shall apply in relation to combination orders—
in so far as they impose such a requirement as is mentioned in paragraph (a) of that subsection, as if they were probation orders; and
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Where a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law), the court by or before which he is convicted may make a curfew order, that is to say, an order requiring him to remain, for periods specified in the order, at a place so specified.
A curfew order may specify different places or different periods for different days, but shall not specify—
periods which fall outside the period of six months beginning with the day on which it is made; or
periods which amount to less than 2 hours or more than 12 hours in any one day.
The requirements in a curfew order shall, as far as practicable, be such as to avoid—
any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
any interference with the times, if any, at which he normally works or attends school or other educational establishment.
A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
Before making a curfew order, the court shall explain to the offender in ordinary language— and the court shall not make the order unless he expresses his willingness to comply with its requirements.
the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 13 below);
the consequences which may follow under Schedule 2 to this Act if he fails to comply with any of the requirements of the order; and
that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,
Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
The Secretary of State may by order direct—
that subsection (2) above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or
that subsection (3) above shall have effect with such additional restrictions as may be so specified.
Subject to subsection (2) below, a curfew order may in addition include requirements for securing the electronic monitoring of the offender’s whereabouts during the curfew periods specified in the order.
A court shall not make a curfew order which includes such requirements unless the court—
has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the order is situated; and
is satisfied that the necessary provision can be made under those arrangements.
Electronic monitoring arrangements made by the Secretary of State under this section may include entering into contracts with other persons for the electronic monitoring by them of offenders' whereabouts.
Schedule 2 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for amending such orders and for revoking them with or without the substitution of other sentences) shall have effect.
Sections 5, 6, 16 and 17 of, and Schedule 1 to, the 1973 Act (which are superseded by Schedule 2 to this Act) shall cease to have effect.
The Secretary of State may make rules for regulating—
the supervision of persons who are subject to probation orders;
the arrangements to be made under Schedule 3 to the 1973 Act for persons who are subject to community service orders to perform work under those orders and the performance by such persons of such work;
the monitoring of the whereabouts of persons who are subject to curfew orders (including electronic monitoring in cases where arrangements for such monitoring are available); and
without prejudice to the generality of paragraphs (a) to (c) above, the functions of the responsible officers of such persons as are mentioned in those paragraphs.
Rules under subsection (1)(b) above may in particular—
limit the number of hours of work to be done by a person on any one day;
make provision as to the reckoning of hours worked and the keeping of work records; and
make provision for the payment of travelling and other expenses in connection with the performance of work.
In this Part “responsible officer” means—
in relation to an offender who is subject to a probation order, the probation officer responsible for his supervision;
in relation to an offender who is subject to a community service order, the relevant officer within the meaning of section 14(4) of the 1973 Act; and
in relation to an offender who is subject to a curfew order, the person responsible for monitoring his whereabouts during the curfew periods specified in the order.
This section shall apply in relation to combination orders—
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 above, as if they were probation orders; and
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Schedule 3 to this Act shall have effect for making provision for and in connection with—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales.
In section 37 (standard scale of fines) of the Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—.
Part I of the Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows— and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.
in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) . . ., for “£400” there shall be substituted “£1,000”;
in section 24(4) (maximum fine on summary conviction of child for indictable offence) . . ., for “£100” there shall be substituted “£250”; and
in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;
Schedule 4 to this Act shall have effect as follows—
in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;
in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;
in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;
the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where a magistrates' court imposes a fine on an individual—
for a summary offence which is punishable by a fine not exceeding a level on the standard scale; or
for a statutory maximum offence, that is to say, an offence which is triable either way and which, on summary conviction, is punishable by a fine not exceeding the statutory maximum.
Subject to the following provisions of this section, the amount of the fine shall be the product of—
the number of units which is determined by the court to be commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it; and
the value to be given to each of those units, that is to say, the amount which, at the same or any later time, is determined by the court in accordance with rules made by the Lord Chancellor to be the offender’s disposable weekly income.
In making any such determination as is mentioned in subsection (2)(a) above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
The number of units determined under subsection (2)(a) above shall not exceed— and in this subsection “level 1 offence” means a summary offence which is punishable by a fine not exceeding level 1 on the standard scale, and corresponding expressions shall be construed accordingly.
2 units in the case of a level 1 offence;
5 units in the case of a level 2 offence;
10 units in the case of a level 3 offence;
25 units in the case of a level 4 offence; and
50 units in the case of a level 5 offence or a statutory maximum offence;
Subject to subsection (6) below, the amount determined under subsection (2)(b) above in the case of any offender shall not be—
less than 1/50th of level 1 on the standard scale (£4 at the commencement of section 17 above); or
more than 1/50th of level 5 on that scale (£100 at that commencement).
Where the fine is payable by a person who is under the age of 18 years, subsection (5) above shall have effect as if for any reference to a fraction or amount there were substituted—
a reference to 1/20th of that fraction or amount in the case of a fine payable by a person who is under the age of 14 years; and
a reference to 1/5th of that fraction or amount in the case of a fine payable by a person who has attained that age.
Nothing in subsection (2) above shall prevent any of the following, namely—
in the case of an offence in relation to which a compensation order is made, the reduction of the amount of the fine in pursuance of section 35(4A) of the 1973 Act;
in the case of a fixed penalty offence (within the meaning of Part III of the Road Traffic Offenders Act 1988), the increase of the amount of the fine to the level of the fixed penalty; and
in the case of an offence of installing or using any apparatus for wireless telegraphy except under a licence granted under section 1 of the Wireless Telegraphy Act 1949, the increase of the amount of the fine by an amount not exceeding the sum which would have been payable on the issue of such a licence.
Where the offender— and (in either case) the court has insufficient information to make a proper determination under subsection (2)(b) above, it may, within the limits set by subsection (5) above, make such determination as it thinks fit.
has been convicted in his absence in pursuance of section 11 or 12 of the 1980 Act (non-appearance of accused); or
has failed to comply with an order under section 20(1) below,
In section 41 of the Criminal Justice Act 1988 (“the 1988 Act”), subsection (7) (Crown Court sentencing powers in relation to summary offence dealt with together with either way offence) shall have effect as if this section had not been enacted.
In fixing the amount of a fine (other than one the amount of which falls to be fixed under section 18 above), a court shall take into account among other things the means of the offender so far as they appear or are known to the court.
Subsection (1) above applies whether taking into account the means of the offender has the effect of increasing or reducing the amount of the fine.
Where a person has been convicted of an offence by a magistrates' court, the court may, before sentencing him, order him to furnish to the court within a period specified in the order such a statement of his means as the court may require.
A person who without reasonable excuse fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If a person in furnishing any statement in pursuance of an order under subsection (1) above— he shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
makes a statement which he knows to be false in a material particular;
recklessly furnishes a statement which is false in a material particular; or
knowingly fails to disclose any material fact,
Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
Without prejudice to the generality of subsection (1) of— the power to make rules under each of those sections shall include power to prescribe the form in which statements are to be furnished in pursuance of orders under subsection (1) above; and rules made by virtue of this subsection may make different provision for different cases or classes of case.
section 84 of the Supreme Court Act 1981; and
section 144 of the 1980 Act,
A person who is charged with an offence who, in furnishing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) in response to an official request— shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
makes a statement which he knows to be false in a material particular;
recklessly furnishes a statement which is false in a material particular; or
knowingly fails to disclose any material fact,
A person who is charged with an offence who fails to furnish a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
For the purposes of this section an official request is a request which—
is made by the designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and
is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose and how it should be paid.
Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
This section applies where, in the case of a fine the amount of which has been fixed by a magistrates' court under section 18 above, the determination of the offender’s disposable weekly income—
would have been of a lesser amount but for subsection (5)(a) of that section; or
was made by virtue of subsection (8) of that section.
In a case falling within subsection (1)(a) above, the court may, on inquiring into the offender’s means or at a hearing under section 82(5) of the 1980 Act (issue of warrant of commitment for default), remit the whole or any part of the fine if the court considers that its payment by the offender within twelve months of the imposition of the fine would cause the offender undue hardship.
In a case falling within subsection (1)(b) above, the court may, on inquiring into the offender’s disposable weekly income or at such a hearing as is mentioned in subsection (2) above, remit the whole or any part of the fine if the court thinks it just to do so having regard—
to the amount of that income as determined by the court under this subsection in accordance with rules made by the Lord Chancellor; and
if applicable, to the provisions of subsection (2) above.
Where the court remits the whole or part of a fine under subsection (2) or (3) above after a term of imprisonment has been fixed under the said section 82(5), it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole fine or, as the case may be, shall remit the whole term.
In calculating the reduction in a term of imprisonment required by subsection (4) above, any fraction of a day shall be left out of account.
Where default is made in paying a fine the amount of which has been fixed under section 18 above without applying paragraph (b) or (c) of subsection (7) of that section, this section shall have effect, in place of Schedule 4 to the 1980 Act, in relation to any committal of the defaulter to prison.
Subject to subsection (3) below, the maximum period of imprisonment applicable in the case of a fine fixed on the basis of a number of units specified in the first column of the following Table shall be the period set out opposite to it in the second column of that Table. Not more than 2 units 7 days More than 2 units but not more than 5 units 14 days More than 5 units but not more than 10 units 28 days More than 10 units but not more than 25 units 45 days More than 25 units 3 months
Where the amount of a fine due at the time the imprisonment is imposed is so much of the fine as remains due after part payment, then, subject to subsection (4) below, the maximum period given by subsection (2) above shall be reduced by such number of days as bears to the total number of days in it the same proportion as the part of the fine paid bears to the whole fine.
In calculating the reduction required under subsection (3) above, any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than 7 days.
In this section “prison” includes a young offender institution and “imprisonment” includes detention in such an institution.
An amount not exceeding £200 7 days An amount exceeding £200 but not exceeding £500 14 days An amount exceeding £500 but not exceeding £1,000 28 days An amount exceeding £1,000 but not exceeding £2,500 45 days An amount exceeding £2,500 but not exceeding £5,000 3 months
Amount of fine or caution Maximum period of imprisonment An amount not exceeding £200 7 days An amount exceeding £200 but not exceeding £500 14 days An amount exceeding £500 but not exceeding £1,000 28 days An amount exceeding £1,000 but not exceeding £2,500 45 days An amount exceeding £2,500 but not exceeding £5,000 3 months An amount exceeding £5,000 but not exceeding £10,000 6 months An amount exceeding £10,000 but not exceeding £20,000 12 months An amount exceeding £20,000 but not exceeding £50,000 18 months An amount exceeding £50,000 but not exceeding £100,000 2 years An amount exceeding £100,000 but not exceeding £250,000 3 years An amount exceeding £250,000 but not exceeding £1 million 5 years An amount exceeding £1 million 10 years.
In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.
The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance
the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit, in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit; and
the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.
The regulations may include—
provision that, before making an application, the court shall make an enquiry as to the offender’s means;
provision that the court may require the offender to provide prescribed information in connection with an application;
provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;
provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;
provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance do not fall below prescribed figures);
provision as to the circumstances in which the Secretary of State is to cease making deductions;
provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and
provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.
An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.
In subsection (1) above—
the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and
the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).
An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—
makes a statement which he knows to be false in a material particular,
recklessly provides a statement which is false in a material particular, or
knowingly fails to disclose any material fact.
In this section—
“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;
has been committed to detention at a police station under section 128(7) of the 1980 Act; or
“prisoner custody officer” has the meaning given by section 89(1) above;
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.
A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
In the application of this section to Scotland—
references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and
in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—
This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.
This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.
For section 38 of the 1980 Act there shall be substituted the following section—
In Schedule 3 to the 1980 Act, paragraph 5 (provisions relating to committal to Crown Court for sentence not to apply to a corporation) shall cease to have effect.
In section 7 of the Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.
For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 51(4) of the Criminal Law Act 1977 (penalties for bomb hoaxes)—
in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and
in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 39 of the 1983 Act there shall be inserted the following section—
After section 54 of that Act there shall be inserted the following section—
In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.
Nothing in this Part shall prevent a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
Without prejudice to the generality of subsection (1) above, nothing in this Part shall prevent a court—
from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence; or
in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
Any mitigation of a fine the amount of which falls to be fixed under section 18 above shall be effected by determining under subsection (2)(a) of that section a smaller number of units than would otherwise have been determined.
Nothing in this Part shall be taken—
as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
as restricting any power (whether under the 1983 Act or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
An offence shall not be regarded as more serious for the purposes of any provision of this Part by reason of any previous convictions of the offender or any failure of his to respond to previous sentences.
Where any aggravating factors of an offence are disclosed by the circumstances of other offences committed by the offender, nothing in this Part shall prevent the court from taking those factors into account for the purpose of forming an opinion as to the seriousness of the offence.
Any power of the Secretary of State . . . to make rules, regulations or orders under this Part—
shall be exercisable by statutory instrument; and
shall include power to make different provision for different cases or classes of case.
A statutory instrument containing any rules, regulations or order under this Part . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the Criminal Appeal Act 1968;
“worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.
“certificate” means a certificate under section 89 of this Act;
Where ... a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection— Where a probation order has been made by a court in Northern Ireland and—
it appears to the court that suitable arrangements for his supervision can be made by
the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or
a youth offending team established by a local authority for the area in which he resides or will reside,
“prison rules” means rules made under section 47 of the 1952 Act;
For the purposes of this Part, an offence is associated with another if—
the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
In this Part any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
The Parole Board shall be, by that name, a body corporate and as such shall .
be constituted in accordance with this Part; and
It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.
have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.
The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of— and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.
any documents given to it by the Secretary of State; and
any other oral or written information obtained by it,
The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it.
Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II; and in giving any such directions the Secretary of State shall in particular have regard to—
the need to protect the public from serious harm from offenders; and
the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
Schedule 5 to this Act shall have effect with respect to the Board.
As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—
to release him unconditionally if that sentence is for a term of less than twelve months; and
to release him on licence if that sentence is for a term of twelve months or more.
As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.
As soon as a short-term or long-term prisoner who— would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence.
has been released on licence under this Part; and
has been recalled to prison under section 39(1) or (2) below,
In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part—
As soon as a prisoner— would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
whose sentence is for a term of less than twelve months; and
who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,
As soon as a prisoner— would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
whose sentence is for a term of twelve months or more; and
who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,
In the case of a prisoner who— section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.
has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and
has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,
A life prisoner is a discretionary life prisoner for the purposes of this Part if—
his sentence was imposed for a violent or sexual offence the sentence for which is not fixed by law; and
the court by which he was sentenced for that offence ordered that this section should apply to him as soon as he had served a part of his sentence specified in the order.
A part of a sentence so specified shall be such part as the court considers appropriate taking into account—
the seriousness of the offence, or the combination of the offence and other offences associated with it; and
the provisions of this section as compared with those of section 33(2) above and section 35(1) below.
As soon as, in the case of a discretionary life prisoner— it shall be the duty of the Secretary of State to release him on licence.
he has served the part of his sentence specified in the order (“the relevant part”); and
the Board has directed his release under this section,
The Board shall not give a direction under subsection (3) above with respect to a discretionary life prisoner unless—
the Secretary of State has referred the prisoner’s case to the Board; and
the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
A discretionary life prisoner may require the Secretary of State to refer his case to the Board at any time— and in this subsection “previous reference” means a reference under subsection (4) above or section 39(4) below made after the prisoner had served the relevant part of his sentence.
after he has served the relevant part of his sentence; and
where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; and
where he is also serving a sentence of imprisonment for a term, after he has served one-half of that sentence;
In determining for the purpose of subsection (3) or (5) above whether a discretionary life prisoner has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the Prison Act 1952 (“the 1952 Act”).
In this Part “life prisoner” means a person serving one or more sentences of life imprisonment; but—
a person serving two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and
subsections (3) and (5) above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner . . . is serving a sentence of imprisonment for a term of three months or more.
Subsection (3) below does not apply where—
the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;
the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995;
the sentence was imposed under paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order;
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983;
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 ;
the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
the prisoner has been returned to prison under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000at any time; or
the interval between— is less than 14 days.
the date on which the prisoner will have served the requisite period for the term of the sentence; and
the date on which he will have served one-half of the sentence,
After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
In this section “the requisite period” means—
for a term of three months or more but less than four months, a period of 30 days;
for a term of four months or more but less than eighteen months , a period equal to one-quarter of the term;
for a term of eighteen months or more, a period that is 135 days less than one-half of the term.
The Secretary of State may by order made by statutory instrument—
repeal the words “aged 18 or over” in subsection (1) above;
amend the definition of “the requisite period” in subsection (4) above; and
make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
Before releasing a long-term . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.
Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to . . . any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.
Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.
Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.
Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—
that proportion of his sentence; and
the duration of the curfew condition to which he is or was subject.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person subject to a licence under this Part shall comply with such conditions . . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.
The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.
in the case of the inclusion of a condition in the licence of a discretionary life prisoner, in accordance with recommendations of the Board; and
in any other case, after consultation with the Board.
For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.
The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—
an officer of a local probation board appointed for or assigned to the petty sessions area within which the person resides for the time being; or
where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—
requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and
includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.
The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
The power conferred by subsection (4) above—
shall be exercisable by statutory instrument; and
shall include power to make different provision for different cases or classes of case or for different areas.
Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales;
In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.
A short-term prisoner— shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
who is released on licence under this Part; and
who fails to comply with such conditions as may for the time being be specified in the licence,
The magistrates' court by which a person is convicted of an offence under subsection (1) above may, whether or not it passes any other sentence on him—
suspend the licence for a period not exceeding six months; and
order him to be recalled to prison for the period during which the licence is so suspended.
On the suspension of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above— the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.
that he has failed to comply with the curfew condition;
that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or
that it is necessary to do so in order to protect the public from serious harm from him,
A person whose licence under section 34A(3) above is revoked under this section—
may make representations in writing with respect to the revocation;
on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.
The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.
Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.
On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
In this section “the curfew condition” has the same meaning as in section 37A above.
If recommended to do so by the Board in the case of a short-term or long-term . . . prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.
The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.
A person recalled to prison under subsection (1) or (2) above—
may make representations in writing with respect to his recall; and
on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.
The Secretary of State shall refer to the Board—
the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and
the case of a person recalled under subsection (2) above.
Where on a reference under subsection (4) above the Board— his immediate release on licence under this section, the Secretary of State shall give effect to the . . . recommendation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
recommends in the case of any . . . person,
In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.
On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
This section applies to a short-term or long-term prisoner who is released under this Part if—
before the date on which he would (but for his release) have served his sentence in full, he commits an offence punishable with imprisonment; and
whether before or after that date, he is convicted of that offence (“the new offence”).
Subject to subsection (3) below, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison for the whole or any part of the period which—
begins with the date of the order; and
is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
A magistrates' court—
shall not have power to order a person to whom this section applies to be returned to prison for a period of more than six months; but
may commit him in custody or on bail to the Crown Court for sentence in accordance with section 42 of the 1973 Act (power of Crown Court to sentence persons convicted by magistrates' courts of indictable offences).
The period for which a person to whom this section applies is ordered under subsection (2) above to be returned to prison—
shall be taken to be a sentence of imprisonment for the purposes of this Part;
shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
in either case, shall be disregarded in determining the appropriate length of that sentence.
This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—
includes, or consists of, an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000; and
is for a term of twelve months or less.
As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
Where the person is so released, the licence shall remain in force for a period of three months.
If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction— but not liable to be dealt with in any other way.
to a fine not exceeding level 3 on the standard scale; or
to a sentence of imprisonment for a term not exceeding the relevant period,
In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.
This section applies to any person whose sentence falls to be reduced under section 67 of the Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).
For the purpose of determining for the purposes of this Part— the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.
whether a person to whom this section applies has served one-half or two-thirds of his sentence; or
whether such a person would (but for his release) have served three-quarters of that sentence,
Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—
one-quarter of his sentence in the case of a short-term prisoner; or
one-twelfth of his sentence in the case of a long-term prisoner.
Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days— who (in either case) are guilty of disciplinary offences.
to short-term or long-term prisoners; or
conditionally on their subsequently becoming such prisoners, to persons on remand,
Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules— shall be extended by the aggregate of those additional days.
any period which he must serve before becoming entitled to or eligible for release under this Part;
any period which he must serve before he can be removed under section 46A below;and
any period for which a licence granted to him under this Part remains in force,
Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000, as it applies to persons serving equivalent sentences of imprisonment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sentences of detention during Her Majesty’s pleasure or for life under section 53 of the 1933 Act; or
sentences of custody for life under section 8 of the 1982 Act,
References in this Part to prisoners . . ., or to prison or imprisonment, shall be construed in accordance with subsection (1). . . above.
In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—
to release him unconditionally if his sentence is for a term of twelve months or less; and
to release him on licence if that sentence is for a term of more than twelve months.
In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4A) above shall have effect as if the reference to supervision by an officer of a local probation board included a reference to supervision by a social worker of a local authority . . . .
the whole or any part of his sentence was imposed for a sexual offence; and
This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of Criminal (Sentencing) Act 2000.
the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) above, ordered that this section should apply,
Subject to the provisions of this section and section 51(2D) below, this Part, except section 40A, shall have effect as if the term of the extended sentence did not include the extension period.
Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
Where, apart from this subsection, the prisoner would be released unconditionally—
he shall be released on licence; and
the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
The extension period shall be taken to begin as follows—
for the purposes of subsection (3) above, on the date given by section 37(1) above;
for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
In this section “extension period” has the same meaning as in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.
This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000 who is recalled to prison under section 39(1) or (2) above.
Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
On a reference— the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
under this section; or
under section 39(4) above,
If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.
Subject to subsection (2) below, this Part (except sections 33A, 34A and 35 above) applies to persons committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000— as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.
in default of payment of a sum adjudged to be paid by a conviction; or
for contempt of court or any kindred offence,
In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.
In section 33 above, for subsections (1) to (3) there shall be substituted the following subsections—
In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—
In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.
In relation to a person who is liable to removal from the United Kingdom, section 37 above shall have effect as if subsection (4A) were omitted .
A person is liable to removal from the United Kingdom for the purposes of this section if—
he is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
he is liable to deportation under section 3(6) of that Act;
he has been notified of a decision to refuse him leave to enter the United Kingdom; or
he is an illegal entrant within the meaning of section 33(1) of that Act. or
he is liable to removal under section 10 of the Immigration and Asylum Act 1999
A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—
he was tried for the offence in respect of which his sentence was imposed—
after having been extradited to the United Kingdom; and
without having first been restored or had an opportunity of leaving the United Kingdom; and
he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.
If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.
The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
“prison rules” means rules made under section 47 of the 1952 Act;
Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period.
Subsection (1) above does not apply where—
the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000,
the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,
the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,
the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or
the interval between— is less than 14 days.
the date on which the prisoner will have served the requisite period for the term of the sentence, and
the date on which he will have served one-half of the sentence,
A prisoner removed from prison under this section—
is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—
Schedule 2 or 3 to the Immigration Act 1971, or
section 10 of the Immigration and Asylum Act 1999, and
so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above.
So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison.
In this section “the requisite period” means—
for a term of three months or more but less than four months, a period of 30 days;
for a term of four months or more but less than 18 months, a period equal to one-quarter of the term;
for a term of 18 months or more, a period that is 135 days less than one-half of the term.
The Secretary of State may by order made by statutory instrument—
amend the definition of “the requisite period” in subsection (5) above,
make such transitional provision as appears to him necessary or expedient in connection with the amendment.
No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997.
This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if— the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and
the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,
In a case to which this section applies, this Part except section 35(2) above shall apply as if—
the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and
the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.
In this section “transferred life prisoner” means a person—
on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and
who has been transferred to England and Wales, in pursuance of— there to serve his sentence or sentences or the remainder of his sentence or sentences.
an order made by the Secretary of State under section 26 of the Criminal Justice Act 1961 or section 2 of the Colonial Prisoners Removal Act 1884; or
a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984,
A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.
This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence.
If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—
the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
his sentence expiry date.
A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.
Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection.
Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period.
If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence.
If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State—
if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and
if he is recalled after that date, to release him on the sentence expiry date.
A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date.
In this section—
The Secretary of State may by order made by statutory instrument provide—
that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;
that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections (2) or (3) below shall have effect subject to the modifications so specified.
In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).
In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
In this Part—
“prisoner custody officer” has the meaning given by section 89(1) above;
“the 1988 Act” means the Criminal Justice Act 1988;
For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—
the sentences were passed on the same occasion; or
where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.
Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a sentence of imprisonment for a term; and
one or more sentences of imprisonment for life,
Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—
nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;
nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;
on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.
Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall—
require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or
require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.
Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000) included the extension period (within the meaning of that section).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 33 of the 1988 Act there shall be inserted the following section—
Subsection (1) of section 38 of the 1933 Act (evidence of child of tender years to be given on oath or in certain circumstances unsworn) shall cease to have effect; and accordingly the power of the court in any criminal proceedings to determine that a particular person is not competent to give evidence shall apply to children of tender years as it applies to other persons.
If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion— a notice (“notice of transfer”) certifying that opinion may be given by or to behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.
that the evidence of the offence would be sufficient for the person charged to be committed for trial;
that a child who is alleged— will be called as a witness at the trial; and
to be a person against whom the offence was committed; or
to have witnessed the commission of the offence,
that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,
A notice of transfer shall be given before the magistrates’ court begins to inquire into the case as examining justices.
On the giving of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The decision to give a notice of transfer shall not be subject to appeal or liable to be questioned in any court.
Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.
In this section “child” means a person who—
in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or
in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.
Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.
This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.
After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—
In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—
In subsection (1) of section 32 of the 1988 Act (evidence through television links)—
for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and
for paragraph (b) there shall be substituted the following paragraph—.
After that subsection there shall be inserted the following subsection—
After subsection (3) of that section there shall be inserted the following subsections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After subsection (5) of that section there shall be inserted the following subsection—
After section 34 of the 1988 Act there shall be inserted the following section—
Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—
After subsection (1A) of section 55 of the 1933 Act (power to order parent or guardian to pay fine etc. instead of child or young person) there shall be inserted the following subsection—
After subsection (4) of that section there shall be inserted the following subsection—
For the purposes of any order under that section made against the parent or guardian of a child or young person, such of the following as is applicable, namely— shall have effect as if any reference to the disposable weekly income or means of the offender, or the means of the person against whom the compensation order is made, were a reference to the disposable weekly income or, as the case may be, means of the parent or guardian.
section 18(2) above;
section 19 above; and
section 35(4)(a) of the 1973 Act (fixing amount of compensation order),
For the purposes of any such order made against a local authority— and in this subsection “local authority” has the same meaning as in the Children Act 1989.
section 18(2) above shall, where applicable, have effect as if the reference in paragraph (b) to the disposable weekly income of the offender were a reference to the maximum amount which could be determined under that paragraph in relation to a person of the same age as the offender; but
neither section 19 above nor section 35(4)(a) of the 1973 Act shall apply;
Where a child or young person (“the relevant minor”) is convicted of an offence, the powers conferred by this section shall be exercisable by the court by which he is sentenced for that offence; and it shall be the duty of the court, in a case where the relevant minor has not attained the age of 16 years—
to exercise those powers if it is satisfied, having regard to the circumstances of the case, that their exercise would be desirable in the interests of preventing the commission by him of further offences; and
where it does not exercise them, to state in open court that it is not satisfied as mentioned in paragraph (a) above and why it is not so satisfied.
The powers conferred by this section are as follows—
with the consent of the relevant minor’s parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him; and
if the parent or guardian refuses consent and the court considers the refusal unreasonable, to order the parent or guardian to pay a fine not exceeding £1,000.
An order under this section shall not require the parent or guardian to enter into a recognisance— and section 120 of the 1980 Act (which relates to the forfeiture of recognisances) shall apply in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.
for an amount exceeding £1,000; or
for a period exceeding three years or, where the relevant minor will attain the age of 18 years in a period shorter than three years, for a period exceeding that shorter period;
Section 18 above shall apply for the purposes of subsection (2)(b) above as if the refusal to enter into a recognisance were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.
In fixing the amount of a recognisance under this section, the court shall take into account among other things the means of the parent or guardian so far as they appear or are known to the court; and this subsection applies whether taking into account the means of the parent or guardian has the effect of increasing or reducing the amount of the recognisance.
A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates' court.
A parent or guardian may appeal to the Court of Appeal against an order under this section made by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.
A court may vary or revoke an order made by it under this section if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.
In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—
in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;
in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and
after that subsection there shall be inserted the following subsection—
In the case of a child or young person who has been remanded ... to local authority accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) shall, notwithstanding anything in section 92(7) of the Children Act 1989, be made to that court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of every local authority to secure that they are in a position to comply with any security requirement which may be imposed on them under—
section 23(4) of the 1969 Act (remands and committals to local authority accommodation); or
section 37(3) of the 1980 Act (committal of young person to Crown Court for sentence).
A local authority may discharge their duty under subsection (1) above either by providing secure accommodation themselves or by making arrangements with other local authorities for the provision by them of such accommodation.
The Secretary of State may by regulations make provision as to the co-operation required of local authorities in the provision of secure accommodation.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section expressions used in section 23 of the 1969 Act have the same meanings as in that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.
In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.
For subsections (4) and (5) there shall be substituted the following subsections—
In subsection (6)—
for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and
for the words “subsection (5) above” there shall be substituted the words “that subsection”.
In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.
After subsection (9) there shall be inserted the following subsection—
In subsection (12), the definition of “secure accommodation” shall be omitted.
Part I of the 1982 Act (treatment of young offenders) shall be amended as follows.
In section 1A (detention in a young offender institution)—
in subsection (1), for the words “a male offender under 21 but not less than 14 years of age or a female offender under 21 but not less than 15 years of age” there shall be substituted the words “an offender under 21 but not less than 15 years of age”;
in subsection (2), for the words “section 1B(1) and (2)” there shall be substituted the words “section 1B(2)”;
in subsection (3), the words “and section 1B(3) below” shall cease to have effect and for the words “21 days” there shall be substituted the words “the minimum period applicable to the offender under subsection (4A) below”;
in subsection (4), for the words “21 days” there shall be substituted the words “the minimum period applicable”; and
after subsection (4) there shall be inserted the following subsection—
In section 1B (special provision for offenders under 17)—
subsections (1) and (3) shall cease to have effect;
in subsection (2), for the words “aged 15 or 16” there shall be substituted the words “aged 15, 16 or 17”; and
for subsections (4) and (5) there shall be substituted the following subsections—
In section 1C (accommodation of offenders in a young offender institution), for the words “under 17” there shall be substituted the words “under 18”.
In section 8 (custody for life) and section 9 (detention of persons aged 17 to 20 for default or contempt), for the words “17 years” there shall be substituted the words “18 years”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person under the age of 22 years (“the offender”) is released from a term of detention in a young offender institution or under section 53 of the 1933 Act, he shall be under the supervision of a probation officer or a social worker of a local authority social services department.
The supervision period ends on the offender’s 22nd birthday if it has not ended before.
Subject to subsection (2) above, where the offender is released otherwise than on licence under Part II of this Act, the supervision period begins on his release and ends three months from his release.
Subject to subsection (2) above, where the offender is released on licence under Part II of this Act and the licence expires less than three months from his release, the supervision period begins on the expiry of the licence and ends three months from his release.
Where a person is under supervision under this section, he shall comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
A person who without reasonable excuse fails to comply with a requirement imposed under subsection (5) above shall be liable on summary conviction— but not liable to be dealt with in any other way.
to a fine not exceeding level 3 on the standard scale; or
to an appropriate custodial sentence for a period not exceeding 30 days,
In subsection (6) above “appropriate custodial sentence” means—
a sentence of imprisonment, if the offender has attained the age of 21 years when he is sentenced; and
a sentence of detention in a young offender institution, if he has not attained that age.
A person released from a custodial sentence passed under subsection (6) above shall not be liable to a period of supervision in consequence of his conviction under that subsection, but his conviction shall not prejudice any liability to supervision to which he was previously subject, and that liability shall accordingly continue until the end of the supervision period.
In section 17 of the 1982 Act (maximum number of hours at attendance centre for persons of different ages)—
subsection (3) shall cease to have effect; and
in subsection (5), for the words “17 years”, in both places where they occur, there shall be substituted the words “16 years”.
In section 18 of that Act (discharge and variation of attendance centre orders), after subsection (4) there shall be inserted the following subsection—
In subsection (6)(b) of that section, the words “if the court is satisfied that the offender proposes to change or has changed his residence” shall cease to have effect.
In subsection (3) of section 19 of that Act (breaches of attendance centre orders or attendance centre rules), after the words “that court” there shall be inserted the words “may, without prejudice to the continuation of the order, impose on him a fine not exceeding £1,000 or”.
After that subsection there shall be inserted the following subsection—
After subsection (5) of that section there shall be inserted the following subsection—
The following enactments, namely— shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.
the Children and Young Persons Acts 1933 to 1969;
section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
the 1980 Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.
Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may appoint such number of inspectors of probation (to be known collectively as “Her Majesty’s Inspectorate of Probation”) as he may with the approval of the Treasury determine.
The Secretary of State shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of Probation.
It shall be the duty of inspectors of probation—
to inspect and report to the Secretary of State on the probation service for each probation area, and the activities carried out by or on behalf of that service; and
to discharge such other functions in connection with the provision of probation or related services (whether or not provided by or on behalf of the probation service for any area) as the Secretary of State may from time to time direct.
The Secretary of State shall make to or in respect of inspectors of probation such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
The Secretary of State may make an order under this section if he is of the opinion that, without reasonable excuse, a probation committee—
is failing properly to discharge any duty imposed on it by or under any enactment; or
has so failed and is likely to do so again.
An order under this section shall—
state that the Secretary of State is of the said opinion; and
make such provision as he considers requisite for the purpose of securing that the duty is properly discharged by the committee.
Where an order is made under this section, it shall be the duty of the committee to comply with the provision made by the order.
Schedule 3 to the 1973 Act (the probation service and its functions) shall be amended as follows.
The Secretary of State—
In paragraphs 2(3), 4, 5, 6(3), 13(3) and 18(3), for the words “inner London area”, in each place where they occur, there shall be substituted the words “inner London probation area”.
In paragraph 2(3), for paragraph (b) there shall be substituted the following paragraph—.
For paragraph 16 there shall be substituted the following paragraph—
In paragraph 17 (provision of accommodation by local authorities for the probation service)—
in sub-paragraph (1), after the words “paragraph 15(1) or (3)” there shall be inserted the words “or 16(1) or (2)”; and
after sub-paragraph (3) there shall be inserted the following sub-paragraph—
At the end of paragraph 19(1), there shall be added the words “and “inner London probation area” has the meaning given by paragraph 1(3) above”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to each petty sessions area, the committee shall from time to time determine—
whether court security officers should be provided, that is to say, persons whose duty it is to maintain order in any court-house to which they are for the time being assigned by the committee; and
if so, how many such officers should be provided, and whether they should be provided by the committee or by the responsible authority.
As soon as practicable after the making of a determination under subsection (1)(b) above, the committee or, as the case may be, the responsible authority shall provide the required number of court security officers, on such terms and conditions as they may determine—
by employing persons to act as court security officers; or
by entering into a contract with another person for the employment by him of persons to act as such officers.
Before making any determination under subsection (1) or (2) above in relation to a petty sessions area which does not consist of or form part of the inner London area, the committee shall consult with the responsible authority.
Where, in relation to a petty sessions area which does not consist of or form part of the inner London area, the responsible authority is aggrieved by any determination made by the committee under subsection (1) or (2) above, the authority may, within one month from the receipt by the authority of written notice of the determination, appeal to the Secretary of State, whose decision shall be binding on the committee and the authority.
Any determination which, in relation to a petty sessions area which consists of or forms part of the inner London area, is made by the committee under subsection (1) or (2) above, other than a determination that court security officers should not be provided for that area, shall not have effect unless it is confirmed, with or without modifications, by the Secretary of State.
In this section—
Sections 8(3) and 9(2).
in relation to a petty sessions area which consists of or forms part of a non-metropolitan county, a metropolitan district, an outer London borough, the City of London or a joint committee area, the magistrates' courts committee for that county, district, borough, City or area; and
Section 14(1).
In this Schedule “relevant order” means any of the following orders, namely, a probation order, a drug treatment and testing order, a community service order and a curfew order; and “the petty sessions area concerned” means— Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders— In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act. In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998. Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed— Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.
If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may— Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought
If it is proved to the satisfaction of a magistrates’ courtbefore which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely— In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court— Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force. Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court. A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court— and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court. A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.
Where under paragraph 2 or by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely— In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court— Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force. In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.
Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order. An offender who shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.
Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) , (b) or (c) above shall be without prejudice to the continuance of the relevant order. A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction. The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above— A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years. Section 14(2) of the 1973 Act and, so far as applicable— shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender. Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above— and in this sub-paragraph “the original order” means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b). The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted—
Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following— In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
This paragraph applies where a relevant order made by a magistrates’ courtis in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned or, where the relevant order is a drug treatment and testing order , to the magistrates’ court responsible for the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice— The court may— The circumstances in which a probation order or drug treatment and testing ordermay be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment. In dealing with an offender under sub-paragraph (2)(b)above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order. An offender sentenced under sub-paragraph (2)(b)above for an offence may appeal to the Crown Court against the sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest. No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.
This paragraph applies where— If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may— The circumstances in which a probation order or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment. In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the courtthat, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice— No application may be made under paragraph 7 or 8above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above. Where this paragraph applies . . .— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of sub-paragraph (3) above, subsection (1) of section 1A of the 1973 Act shall apply as if— An application under this paragraph may be heard in the offender’s absence if— and where the application is so heard section 1A(3) of the 1973 Act shall not apply. No application may be made under this paragraph while an appeal against the probation order is pending. Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender. Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.
This paragraph applies where— If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may— Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.
Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.
On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer. A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.
Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words “powers exercisable under paragraph 3(1)(d) above” there were substituted the words “powers to deal with the offender which are exercisable under paragraph 7(2)(b) or 8(2)(b) below”.
Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and— section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances.
the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates’ court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but
the relevant order was made in those circumstances,
This paragraph applies where, at any time while a relevant order (other than a drug treatment and testing order)is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area. Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified. The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either— The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders. Where— the court shall further amend the order by substituting the other authority for the authority specified in the order. In sub-paragraph (5) above “local authority” has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.
Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order— The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely— In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.
Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order— he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement. The opinion referred to in sub-paragraph (1) above is—
Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order— Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled— Where the responsible officer is of the opinion— he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order. The court— If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may— In dealing with the offender under sub-paragraph (5)(b) above, the court— Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”. In this paragraph—
Where— the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.
a community service order is in force in respect of any offender; and
on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,
No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above or, except with the consent of the offender, under paragraph 14A above, while an appeal against the relevant order is pending.
Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court— . . . This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.
On the making under this Part of this Schedule of an order amending a relevant order (other than a drug treatment and testing order), the clerk to the court shall forthwith— and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer. On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer. A responsible officer to whom in accordance with sub-paragraph (1) or (1A)above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.
Section 16.
Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection— Where a probation order has been made and— the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made. Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if— A probation order made or amended in accordance with this paragraph shall—
Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection— Where a probation order has been made and— the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made. Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if— A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.
Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection— Where a community service order has been made and— it may amend the order by specifying that the unpaid work required to be performed by the order be so performed. A community service order made or amended in accordance with this paragraph shall—
Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect— Where a community service order has been made and— it may amend the order by specifying that the unpaid work required to be performed by the order be so performed . . .. A community service order made or amended in accordance with this paragraph shall—
Paragraphs 1 and 3 above shall apply in relation to combination orders—
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court. Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph— Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language— and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act. The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely— If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales— the home court may require the offender to appear before the court which made the order. Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court— and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned. Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order— In this paragraph—
The Criminal Procedure (Scotland) Act 1975 shall be amended as follows. In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—. In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)— Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
, in subsection (2), paragraph (b) were omitted and for paragraph (d) there were substituted the following paragraph—
in subsection (2), paragraph (b) shall cease to have effect.
Section 72 of the Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—
in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—;
in subsection (1A)—
for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;
after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and
paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and
subsection (4) shall cease to have effect.
Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court. Where an adult probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph— Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph— Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language— and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996. The home court may exercise in relation to the probation order any power which it could exercise in relation to a community order or, as the case may be, a youth rehabilitation order made by a court in England and Wales . . . , except a power conferred by paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code or by paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code. If at any time while Chapter 2 of Part 9 of the Sentencing Code or, as the case may be, Chapter 1 of that Part applies by virtue of sub-paragraph (2) or (2A) (as the case may be) to a probation order made in Northern Ireland it appears to the home court— the home court may require the offender to appear before the court which made the order. Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court— and Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly. Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order— In this paragraph
Section 17(3).
(1) Provision (2) General description (3) Present amount (4) New amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 23(3) of the Attachment of Earnings Act 1971. Maximum judge’s fine in High Court or county court. £100 £250 . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . Section 63(3)(a) of the 1980 Act. Maximum fine for disobedience of order other than for payment of money. £2,000 £5,000 Section 97(4) of that Act. Maximum fine for refusal to give evidence. £1,000 £2,500 Section 12(2) of the Contempt of Court Act 1981. Maximum fine for contempt in face of magistrates’ court. £1,000 £2,500 Section 14(2) of that Act. Maximum fine for contempt in an inferior court. £1,000 £2,500 Section 55(2) of the County Courts Act 1984. Maximum fine for neglecting witness summons. £400 £1,000 Section 118 (1) of that Act. Maximum fine for contempt of court. £1,000 £2,500 Section 10(1) and (2) and 21(5) of the Coroners Act 1988. Maximum coroner’s fine for refusal to give evidence etc. £400 £1,000
Section 33(1)(a) of the 1980 Act. Maximum fine on summary conviction of offence tried in pursuance of section 22 of that Act (certain offences triable either way to be tried summarily if value involved is small). £1,000 Level 4 Section 34(3)(b) of that Act. Maximum fine on summary conviction where statute provides no express power to fine. £400 Level 3
(1) Provision (2) General description (3) Present amount Section 6(8) of the Whaling Industry (Regulation) Act 1934. Maximum fine on summary conviction for failure to keep or falsify records. £1,000 Section 9(1) of that Act. Maximum fine on summary conviction for forgery of certain documents. £1,000 Section 11(1)(c) of the Sea Fisheries (Conservation) Act 1967. Maximum fine on summary conviction for an offence under section 1, 2, 4(7) or (7A), 4A(7) or (8), 6(5) or (5A)(b) or 7(3) of that Act. £1,000 Section 16(1A) of that Act. Maximum fine on summary conviction for assaulting or obstructing officer exercising enforcement powers. £1,000 Section 5(4) of the Sea Fisheries Act 1968. Maximum fine on summary conviction for contravening order regulating fishing operations. £1,000
.
In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection—
In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection—
In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), after subsection (2) there shall be inserted the following subsection—
In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection—
The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown. It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of
The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State. The Board shall include among its members— A member of the Board— and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.
a person who holds or has held judicial office;
a registered medical practitioner who is a psychiatrist;
a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
The Board may pay to each member such remuneration and allowances as the Secretary of State may determine. The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine. If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine. A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
shall hold and vacate office in accordance with the terms of his appointment;
may resign his office by notice in writing addressed to the Secretary of State;
Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine. The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board. The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
The Board may appoint such number of employees as it may determine. The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board. Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury. The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.
Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”. The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
The Secretary of State shall pay to the Board— Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.
Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
It shall be the duty of the Board— The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament. In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.
The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.
Section 53(5).
A notice of transfer shall specify the proposed place of trial; and in selecting that place the Director of Public Prosecutions shall have regard to the considerations to which a magistrates’ court committing a person for trial is required by section 7 of the 1980 Act to have regard when selecting the place at which he is to be tried. A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 4 below may require.
If a magistrates’ court has remanded in custody a person to whom a notice of transfer relates, it shall have power, subject to section 4 of the Bail Act 1976 , section 25 of the Criminal Justice and Public Order Act 1994 and regulations under section 22 of the Prosecution of Offences Act 1985— Where— the court shall in the meantime make an order such as is mentioned in paragraph (a) of that sub-paragraph. If the conditions specified in sub-paragraph (4) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 Act it would have the power further to remand him on an adjournment such as is mentioned in that subsection. The conditions referred to in sub-paragraph (3) above are— Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue. Where that requirement ceases by virtue of sub-paragraph (5) above, it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the Senior Courts Act 1981. If, in a case where the notice states that the requirement mentioned in sub-paragraph (5) above is to continue, a person to whom the notice relates appears before the magistrates’ court, the court shall have—
For the purposes of the Criminal Procedure (Attendance of Witnesses) Act 1965—
any magistrates’ court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and
a person indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.
The Attorney General— Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied. The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed. The judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him. No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application. Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so. No leave or order under sub-paragraph (4) above shall be given or made in relation to oral evidence from a child (within the meaning of section 53 of this Act) who is alleged— If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given. Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment. Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
Except as provided by this paragraph, it shall not be lawful— if (in either case) the report contains any matter other than that permitted by this paragraph. An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 5(1) above may be made by the judge dealing with the application. Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below. It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 5(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful. Where— sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”. It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried. The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (7) above, that is to say— The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses— If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say— shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General. Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings. In this paragraph—
Where a notice of transfer has been given in relation to any case— shall, in exercising any of its powers in relation to the case, have regard to the desirability of avoiding prejudice to the welfare of any relevant child witness that may be occasioned by unnecessary delay in bringing the case to trial. In this paragraph “child” has the same meaning as in section 53 of this Act and “relevant child witness” means a child who will be called as a witness at the trial and who is alleged—
In subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph—. In paragraph (iA) of the proviso to that subsection— At the end of that proviso there shall be inserted the words “and in paragraph (iA) above “the relevant provision” means section 5(9) of the Criminal Justice Act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991 in a case to which paragraph (ab) above applies”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 68.
Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection— In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”. “young person” means a person who has attained the age of fourteen and is under the age of eighteen years.
In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.
In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection— “young person” means a person who has attained the age of fourteen and is under the age of eighteen years;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a), for the words “seventeen years of age” there shall be substituted the words “eighteen years of age”; and
in the heading to Table A, for the words “under 17” there shall be substituted the words “under 18”.
Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows— In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”. In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.
Section 71.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1), for the words “not exceeding” there shall be substituted the words which—;
subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below” shall cease to have effect;
before subsection (1B) there shall be inserted the following subsection—; and
in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in this sub-paragraph
in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and
in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1), for the words “not exceeding” there shall be substituted the words which—;
subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below”, shall cease to have effect; and
before subsection (1B) there shall be inserted the following subsection—; and
Section 65 of the Criminal Justice Act 1991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in this sub-paragraph
in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and
in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.
Section 89.
In this Schedule—
Any person may apply to the Secretary of State for the issue of a certificate in respect of him. The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant— Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate. A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.
This paragraph applies where at any time— The prisoner escort monitor controller or governor may— The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.
If any person, for the purpose of obtaining a certificate for himself or for any other person— he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
makes a statement which he knows to be false in a material particular; or
recklessly makes a statement which is false in a material particular,
Section 100.
In section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.
Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows. In subsection (1A)(c)— For subsection (5) there shall be substituted the following subsection— In subsection (6)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2), for the words “section 2(7) and paragraph 1 of Schedule 1” there shall be substituted the words “section 2(4)”;
in subsection (4), for the words “section 2 or 7” there shall be substituted the words “section 1A or 2”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (4), for the words “section 17(5) of this Act” there shall be substituted the words “Part IV of Schedule 2 to the Criminal Justice Act 1991”;
in subsection (5)(b), for the words “section 16” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991”; and
in subsection (5)(c), for the words “section 17” there shall be substituted the words “Parts III and IV of that Schedule”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the words “put on probation or” shall cease to have effect; and
for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows. In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))”. . . . After sub-paragraph (1) there shall be inserted the following sub-paragraph— In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”. In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.
In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsection (3) of that section there shall be inserted the following subsection—
In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.
Section 12(2) of the Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting. In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“custody” includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969, and references to a person being committed to custody shall be construed accordingly;
In section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”. The enactments referred to in sub-paragraph (1) above are as follows—
Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”. The enactments referred to in sub-paragraph (1) above are as follows—
Section 101(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section.
Neither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II of this Act shall apply as if he were or had been a life rather than a long-term or short-term prisoner;
section 35(2) of this Act shall apply as if the requirement as to consultation were omitted; and
section 37(3) of this Act shall apply as if the reference to his death were a reference to the date on which he would (but for his release) have served the whole of his sentence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in default of payment of a sum adjudged to be paid by a conviction; or
for contempt of court or any kindred offence,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this paragraph— Section 23 as it has effect with the modifications shall not apply in relation to any remand or committal which is in force immediately before the commencement of sections 60 and 62 of this Act. Subject to sub-paragraphs (4) and (5) below, section 23 as it has effect without the modifications shall not apply in relation to any remand or committal which is in force immediately before the day appointed under section 62(1) of this Act. Any person who, in pursuance of any such remand or committal, is held in a remand centre or prison shall be brought before the court which remanded or committed him before the end of the period of 8 days beginning with the day so appointed. Where any person is brought before a court under sub-paragraph (4) above, section 23 as it has effect without the modifications shall apply as if the court were just remanding or committing him as mentioned in subsection (1)(a) of that section.
Subsection (2)(a) of section 60 of this Act shall not apply in any case where proceedings for the offence in question have begun before the commencement of that section. Subject to sub-paragraphs (3) and (4) below, subsection (2)(b) and (c) of that section shall not apply in relation to any committal under section 37 of the 1980 Act which is in force immediately before that commencement. Any person less than 17 years old who, in pursuance of any such committal, is held in a remand centre or prison shall be brought before the court which committed him before the end of the period of 8 days beginning with that commencement. Where any person is brought before a court under sub-paragraph (3) above, section 37 of the 1980 Act shall apply as if the court were just committing him under that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 64 of this Act shall not apply in any case where the offence in question was committed before the commencement of that section and the offender is aged 16 at the date of his conviction.
Section 65 of this Act shall not apply in relation to any person under the age of 22 years who, before the commencement of that section, is released from a term of detention in a young offender institution or under section 53 of the 1933 Act; and the repeal by this Act of section 15 of the 1982 Act shall not affect the operation of that section in relation to any such person who is so released.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraphs 1, 3, 4 and 6 of Schedule 8 shall not apply in any case where proceedings for the offence in question have begun before the commencement of that Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to any time before the commencement of section 70 of this Act, references in any other provision of this Act, or in any enactment amended by this Act, to youth courts shall be construed as references to juvenile courts.
For the purposes of this Schedule proceedings for an offence shall be regarded as having begun as follows—
in the case of an offence triable only summarily, when a plea is entered;
in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;
in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.
Section 101(2). Chapter Short title Extent of repeal 2 & 3 Vict. c. 47. The Metropolitan Police Act 1839. Section 11. 23 & 24 Geo. 5 c. 12. The Children and Young Persons Act 1933. Section 34(1).Section 38(1). 15 & 16 Geo. 6 & 1 Eliz. 2 c. 52. The Prison Act 1952. Section 25. 3 & 4 Eliz. 2 c. 18. The Army Act 1955. In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A). 3 & 4 Eliz. 2 c. 19. The Air Force Act 1955. In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A). 5 & 6 Eliz. 2 c. 53. The Naval Discipline Act 1957. In section 43AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 43AA(1A).Section 60(3A). 1967 c. 80. The Criminal Justice Act 1967. Sections 59 to 64.In section 67(6), the words “remanded or”, in the first place where they occur, and the words “section 23 of the Children and Young Persons Act 1969 or”.Schedule 2. 1968 c. 19. The Criminal Appeal Act 1968. In section 50(1A), the words “a probation order or”. 1968 c. 49. The Social Work (Scotland) Act 1968. In section 72, in subsection (1A), paragraph (a) and the word “and” immediately following that paragraph, and subsection (4). 1968 c. 64. The Civil Evidence Act 1968. In section 11(5)(a), the words “probation or”. 1969 c. 54. The Children and Young Persons Act 1969. In section 3, the words “disregarding section 4 of this Act”, in each place where they occur.Section 4.In section 5, subsections (1) to (7) and, in subsection (9), the definitions of “qualified informant” and “designated”.In section 7, in subsection (7), the words “is found guilty of homicide” and paragraph (c), and subsections (7B) and (7C).Section 8.Section 10(1)(a).In section 12AA, subsections (7), (8) and (12).In section 34(1), in paragraph (a), the word “4,” and paragraph (b).In Schedule 4, paragraphs 2 and 3. 1971 c. 10. The Vehicles (Excise) Act 1971. In section 9(5), the words “placing him on probation or”. 1971 c. 23. The Courts Act 1971. In Schedule 8, in paragraph 57(1)(a), the reference to subsection (2) of section 10. 1972 c. 19. The Criminal Justice Act 1972. Section 35. 1973 c. 62. The Powers of Criminal Courts Act 1973. Sections 5 to 10.Section 13.In section 14, in subsection (1), the words “instead of dealing with him in any other way” and, in subsection (3), the words “(i) or (ii)”.Sections 16 to 17C.Sections 20 and 20A.Sections 28 and 29.In section 30(1), the words “(such as the power to make a probation order)”.In section 42(2)(a), the words from “subject to” to “twelve months)”.Section 45.Section 48.In section 57(1), the definition of “supervising court”.Schedule 1.In Schedule 3, in paragraph 2(2)(a), the word “several”. 1974 c. 53. The Rehabilitation of Offenders Act 1974. In section 1(4), the words “put on probation or”. 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In section 403, the proviso to subsection (4) and, in subsection (6), the words “the proviso to subsection (4) of this section shall not apply, but”.In Schedule 9, paragraph 50. 1976 c. 63. The Bail Act 1976. In Schedule 1, in paragraph 8(1), the words from “or, in the case” to the end. 1977 c. 45. The Criminal Law Act 1977. Section 47.In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 3. 1980 c. 43. The Magistrates’ Courts Act 1980. In section 24(4), the words from “but this subsection” to the end.Section 35.In section 36(2), the words from “but this subsection” to the end.Section 103(3)(a).Section 37(1A).In section 108(1A), the words “ a probation order or”.Section 143(2)(i).In Schedule 3, paragraph 5. 1982 c. 48. The Criminal Justice Act 1982. In section 1, subsections (3) to (4A).In section 1A(3), the words “and section 1B(3) below”.In section 1B, subsections (1) and (3).Section 2.Section 15.Section 17(3).In section 18(6)(b), the words from the beginning to “residence”.Section 33.In section 48, subsections (1)(c) and (2).Section 62.Schedule 5.In Schedule 11, paragraph 6(a)(v).In Schedule 13, Part I.In Schedule 14, paragraphs 23(a), 25 and 32. 1983 c. 20. The Mental Health Act 1983. In section 50(3), the words from “and that period” to the end. 1984 c.60. The Police and Criminal Evidence Act 1984. In section 37, subsections (11) to (14). 1988 c. 33. The Criminal Justice Act 1988. Section 34(1).In section 123, subsections (2) and (3).Section 131(2).In Schedule 8, in paragraph 3(1)(c), the words “1(3) and”.In Schedule 10, in Part II, the words “section 15(1)”, “section 15(1) and (5) and” and “section 15(1)(a) and”, and Part III.In Schedule 15, paragraph 22(1).In Schedule 16, the entry relating to section 41(8) of the Administration of Justice Act 1970. 1988 c. 38. The Legal Aid Act 1988. In section 20(4), the word “or” immediately following paragraph (b). 1988 c. 53. The Road Traffic Offenders Act 1988. In section 46, in subsections (1) and (2), the words “placed on probation or”. 1989 c. 41. The Children Act 1989. In Schedule 12, paragraphs 21 and 24.In Schedule 13, paragraph 53(1). 1989 c. 42. The Local Government and Housing Act 1989. Section 189. 1991 c. 62. The Armed Forces Act 1991. In section 3(1), the words from “and after the words” to the end.In section 5, subsections (2)(b) and (9).In Schedule 2, paragraph 3.
“the responsible authority” means—
is kept in police detention after being charged with an offence;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A court security officer acting in the execution of his duty shall have the following powers, namely—
to search any person who is in or is seeking to enter the court-house, and any article in the possession of such a person;
to exclude or remove from the court-house any person who refuses to permit such a search as is mentioned in paragraph (a) above, or refuses to surrender any article in his possession which the officer reasonably believes may jeopardise the maintenance of order in the court-house;
to exclude or remove any person from the court-house, or restrain any person in the court-house, where (in either case) it is reasonably necessary to do so in order—
to maintain order in the court-house;
to enable court business to be carried on without interference or delay; or
to secure his or any other person’s safety.
The powers conferred by subsection (1)(a) above to search a person shall not be construed as authorising a court security officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.
The powers conferred by subsection (1)(b) and (c) above shall include power to use reasonable force, where necessary.
In the execution of his duty, a court security officer shall act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.
In subsection (4) above “person in authority”, in relation to any court-house, means—
a justice of the peace, chief clerk or justices' clerk who is exercising any functions in the court-house; and
any officer or staff employed to assist such a clerk and authorised by him for the purpose.
For the purposes of this section and section 78 below, a court security officer shall not be regarded as acting in the execution of his duty at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who assaults a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
Any person who resists or wilfully obstructs a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In section 55(2) (duties of local authorities outside Greater London) of the Justices of the Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—.
In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—.
The Secretary of State may make arrangements for any of the following functions, namely— to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.
the delivery of prisoners from one set of relevant premises to another;
the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;
the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;
the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and
the delivery of prisoners from one prison to another; and
the custody of prisoners while they are outside a prison for temporary purposes,
In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.
Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.
Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.
Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.
In this section—
“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;
“prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;
Prisoner escort arrangements shall include the appointment of—
a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and
a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.
It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—
any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and
any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.
Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.
A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—
to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and
to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.
The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.
A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely— and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.
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;
to attend to their wellbeing; and
to give effect to any directions as to their treatment which are given by a court,
Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—
in the case of the Crown Court, under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 (power of Court to order search of persons before it); or
in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).
Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.
The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) , (4) and (4B) above, shall include power to use reasonable force where necessary.
It is the prisoner custody officer’s duty to give effect to—
any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or
any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.
The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.
This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.
in the custody of the governor of the prison; or
in the case of a contracted out prison, in the custody of its director,
For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been— at all times during the period for which the prisoner custody officer was so responsible.
in the custody of the governor of the prison; or
in the case of a contracted out prison, in the custody of its director,
In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.
Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.
In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.
The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.
is established after the commencement of this section; and
is for the confinement of remand prisoners, that is to say, persons charged with offences who are remanded in or committed to custody pending their trial, or persons committed to custody on their conviction who have not been sentenced for their offences;
While a contract under this section for the running of a prison or part of a prison is in force—
the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.
in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.
Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely— In this subsection “lease or tenancy” includes an underlease or sub-tenancy.
Part II of the Landlord and Tenant Act 1954 (security of tenure);
section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);
section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.); and
the Agricultural Holdings Act 1986.
In this Part—
No order shall be made under subsection (3) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
Instead of a governor, every contracted out prison shall have— and every officer of such a prison who performs custodial duties shall (subject to section 86B) be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.
a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and
a controller, who shall be a Crown servant appointed by the Secretary of State;
. . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
inquire into a disciplinary charge laid against a prisoner, conduct the hearing of such a charge or make, remit or mitigate an award in respect of such a charge; or
except in cases of urgency, order the removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint.
The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—
to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and
to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.
The contractor and any sub-contractor of his shall eachbe under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—
to search in accordance with prison rules any prisoner who is confined in the prison; and
to search in accordance with prison rules any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.
The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer 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). .
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—
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 wellbeing.
The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.
A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).
Where the officer has reason to believe that the person 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 him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and
use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).
A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.
In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.
In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.
Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).
In sections 8A(3), (4) and (5) 10(5), 12(3), 13(1) 16A16Band 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.
Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.
In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.
In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.
In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.
Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.
In this section—
The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.
A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.
The director may give such authorisation—
in general or specific terms, subject to any limitations or conditions he considers appropriate; and
to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.
Nothing in an order or authorisation under this section is to be taken as authorising the use of force.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—
that the director has lost, or is likely to lose, effective control of the prison or any part of it; and
that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.
The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—
beginning with the time specified in the appointment; and
ending with the time specified in the notice of termination under subsection (4) below.
During that period—
all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;
the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and
the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.
Where the Secretary of State is satisfied— he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.
that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and
that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,
As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his,the director and the controller.
The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.
Sections 86 and 86A above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as they apply in relation to such an officer performing custodial duties at a contracted out prison.
In relation to a directly managed prison— shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.
the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and
the reference in section 14(2) of that Act (cells) to a prison officer,
Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.
In this Part—
In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—
that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and
that he is accordingly authorised to perform them.
The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.
In this section and Schedule 10 to this Act—
is held in custody in a prison;
“young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.
Any person who assaults a prisoner custody officer shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
acting in pursuance of prisoner escort arrangements;
performing custodial duties at a contracted out prison; or
performing contracted out functions at a directly managed prison,
Section 17(2) of the Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.
Any person who resists or wilfully obstructs a prisoner custody officer shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
acting in pursuance of prisoner escort arrangements;
performing custodial duties at a contracted out prison; or
performing contracted out functions at a directly managed prison,
For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
A person who shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.
is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or
is or has been employed to perform contracted out functions at a directly managed prison,
A person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
In this Part unless the context otherwise requires—
“restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—
Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—
any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and
any reference in section 80(1)(c) or (e) or (1A) above to a prison included a reference to accommodation in which a person is or is to be accommodated pursuant to such a remand.
In sections 80, 82 and 83 above, “prison”—
so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the Prisons (Scotland) Act 1989; and
so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After subsection (3) of section 51 of the 1973 Act (expenses and grants payable out of money provided by Parliament) there shall be inserted the following subsection—
In paragraph 3 of Schedule 3 to the 1973 Act (the probation service and its functions)—
for paragraph (a) of sub-paragraph (1) there shall be substituted the following paragraph—;
at the end of that sub-paragraph there shall be inserted the words “and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State”; and
In this paragraph “the responsible authority”— and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.
After paragraph 16 of that Schedule there shall be inserted the following paragraph—
The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—
enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions;
enabling such persons to become aware of the relative effectiveness of different sentences—
in preventing re-offending, and
in promoting public confidence in the criminal justice system; or
facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.
Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.
There shall be paid out of money provided by Parliament—
any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above . . .;
any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;
any administrative expenses incurred by the Secretary of State under this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.
The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).
The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Criminal Justice Act 1991.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.
Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
Subject to subsections (5) to (8) below, this Act extends to England and Wales only.
The following provisions of this Act, namely— also extend to Scotland; and section 23(2) above and, in so far as relating to the Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.
this section;
sections 16, 17(1) and (2), 24 and 26(3) and (4); and
Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, . . . and, so far as relating to the Social Work (Scotland) Act 1968, Schedule 13,
This section, section 16 above, Schedule 3 to this Act, . . . and, so far as relating to the Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.
An Order in Council under section 81(11) of the 1982 Act may direct that both or either of— shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.
section 37 of that Act as amended by section 17(1) above; and
section 32 of the 1980 Act as amended by section 17(2) above,
Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.
Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Armed Forces Act 1991.