Criminal Justice and Public Order Act 1994
Subject to section 8(1) of the Criminal Justice Act 1982 and section 53(1) of the Children and Young Persons Act 1933 (sentences of custody for life and long term detention), where— the court may make a secure training order.
a person of not less than 12 but under 15 years of age is convicted of an imprisonable offence; and
the court is satisfied of the matters specified in subsection (5) below,
A secure training order is an order that the offender in respect of whom it is made shall be subject to a period of detention in a secure training centre followed by a period of supervision.
The period of detention and supervision shall be such as the court determines and specifies in the order, being not less than six months nor more than two years.
The period of detention which the offender is liable to serve under a secure training order shall be one half of the total period specified by the court in making the order.
The court shall not make a secure training order unless it is satisfied—
that the offender was not less than 12 years of age when the offence for which he is to be dealt with by the court was committed;
that the offender has been convicted of three or more imprisonable offences; and
that the offender, either on this or a previous occasion—
has been found by a court to be in breach of a supervision order under the Children and Young Persons Act 1969, or
has been convicted of an imprisonable offence committed whilst he was subject to such a supervision order.
A secure training order is a custodial sentence for the purposes of sections 1 to 4 of the Criminal Justice Act 1991 (restrictions etc. as to custodial sentences).
Where a court makes a secure training order, it shall be its duty to state in open court that it is of the opinion that the conditions specified in subsection (5) above are satisfied.
In this section “imprisonable offence” means an offence (not being one for which the sentence is fixed by law) which is punishable with imprisonment in the case of a person aged 21 or over.
For the purposes of this section, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.
This section shall have effect, as from the day appointed for each of the following paragraphs, with the substitution in subsections (1) and (5)— but no substitution may be brought into force on more than one occasion.
of “14” for “12”;
of “13” for “14”;
of “12” for “13”;
The following provisions apply in relation to a person (“the offender”) in respect of whom a secure training order (“the order”) has been made under section 1.
Where accommodation for the offender at a secure training centre is not immediately available—
the court may commit the offender to such place and on such conditions— and for such period (not exceeding 28 days) as the court may specify or until his transfer to a secure training centre, if earlier;
as the Secretary of State may direct, or
as the Secretary of State may arrange with a person to whom this sub-paragraph applies,
if no such accommodation becomes or will become available before the expiry of the period of the committal the court may, on application, extend the period of committal (subject to the restriction referred to in paragraph (a) above); and
the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.
The power conferred by subsection (2)(b) above may, subject to section 1(4), be exercised from time to time and the reference in subsection (2)(b) to the expiry of the period of the committal is, in the case of the initial extension, a reference to the expiry of the period of the committal under subsection (2)(a) above and, in the case of a further extension, a reference to the expiry of the period of the previous committal by virtue of this subsection.
Where the circumstances of the case require, the Secretary of State may transfer the offender from a secure training centre to such other place and on such conditions— and the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.
as the Secretary of State may direct, or
as the Secretary of State may arrange with a person to whom this paragraph applies;
The persons to whom subsections (2)(a)(ii) and (4)(b) apply are local authorities, voluntary organisations and persons carrying on a registered childrens' home.
Where the Secretary of State is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds he may release the offender from the secure training centre; and the offender shall, on his release, be subject to supervision for the remainder of the term of the order.
A person detained in pursuance of directions or arrangements made for his detention shall be deemed to be in legal custody.
In this section “local authority”, “voluntary organisation” and “registered childrens' home” have the same meaning as in the Children Act 1989.
The following provisions apply as respects the period of supervision of a person (“the offender”) subject to a secure training order.
The offender shall be under the supervision of a probation officer, a social worker of a local authority social services department or such other person as the Secretary of State may designate.
The category of person to supervise the offender shall be determined from time to time by the Secretary of State.
Where the supervision is to be provided by a social worker of a local authority social services department, the social worker shall be a social worker of the local authority within whose area the offender resides for the time being.
Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
The probation committee or local authority shall be entitled to recover from the Secretary of State the expenses reasonably incurred by them in discharging their duty under this section.
The offender shall be given a notice from the Secretary of State specifying—
the category of person for the time being responsible for his supervision; and
any requirements with which he must for the time being comply.
A notice under subsection (7) above shall be given to the offender—
before the commencement of the period of supervision; and
before any alteration in the matters specified in subsection (7) (a) or (b) comes into effect.
The Secretary of State may by statutory instrument make rules for regulating the supervision of the offender.
The power to make rules under subsection (9) above includes power to make provision in the rules by the incorporation by reference of provisions contained in other documents.
A statutory instrument made under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The sums required by the Secretary of State for making payments under subsection (6) shall be defrayed out of money provided by Parliament.
Where a secure training order has been made as respects an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 3(7)(b) the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.
For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a secure training order—
if the secure training centre is situated in it;
if the order was made by a youth court acting for it; or
if the offender resides in it for the time being.
If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 3(7)(b) that court may—
order the offender to be detained in a secure training centre for such period, not exceeding the shorter of three months or the remainder of the period of the secure training order, as the court may specify, or
impose on the offender a fine not exceeding level 3 on the standard scale.
Where accommodation for an offender in relation to whom the court decides to exercise their powers under subsection (3)(a) above is not immediately available, paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2 shall apply in relation to him as they apply in relation to an offender in respect of whom a secure training order is made.
For the purposes of this section references to a failure to comply include references to a contravention.
Section 43 of the Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them) shall be amended as follows.
In subsection (1), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “and”—.
After subsection (4), there shall be inserted the following subsection—.
In subsection (5), for the words “such centres” there shall be substituted the words “ centres of the descriptions specified in subsection (4) above ”.
After subsection (5), there shall be inserted the following subsection—.
Section 47 of the Prison Act 1952 (rules for the regulation and management of prisons and certain institutions for young offenders) shall be amended as follows.
In subsection (1), for the words between “remand centres” and “respectively”, there shall be substituted the words “ , young offender institutions or secure training centres ”.
After subsection (4), there shall be inserted the following subsection—.
In subsection (5), for the words between “remand centre” and “not” there shall be substituted the words “ , young offender institution or secure training centre ”.
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 secure training centre or part of a secure training centre.
While a contract for the running of a secure training centre or part of a secure training centre is in force the centre or part shall be run subject to and in accordance with the Prison Act 1952 and in accordance with secure training centre rules subject to such adaptations and modifications as the Secretary of State may specify in relation to contracted out secure training centres.
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); and
section 19 of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.).
In this section—
the reference to the Prison Act 1952 is a reference to that Act as it applies to secure training centres by virtue of section 43 of that Act; and
the reference to secure training centre rules is a reference to rules made under section 47 of that Act for the regulation and management of secure training centres.
Instead of a governor, every contracted out secure training centre shall have— and every officer of such a secure training centre who performs custodial duties shall be a custody officer who is authorised to perform such duties or an officer of a directly managed secure training centre who is temporarily attached to the secure training centre.
a director, who shall be a custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and
a monitor, 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 Prison Act 1952 as it applies to secure training centres and as may be conferred on him by secure training centre rules.
The monitor shall have such functions as may be conferred on him by secure training centre rules and shall be under a duty—
to keep under review, and report to the Secretary of State on, the running of the secure training centre by or on behalf of the director; and
to investigate, and report to the Secretary of State on, any allegations made against custody officers performing custodial duties at the secure training centre or officers of directly managed secure training centres who are temporarily attached to the secure training centre.
The contractor and any sub-contractor of his shall each be under a duty to do all that he reasonably can (whether by giving directions to the officers of the secure training centre or otherwise) to facilitate the exercise by the monitor of all such functions as are mentioned in or imposed by subsection (3) above.
A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers, namely—
to search in accordance with secure training centre rules any person who is detained in the secure training centre; and
to search in accordance with secure training centre rules any other person who is in or who is seeking to enter the secure training centre, 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 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 custody officer performing custodial duties at a contracted out secure training centre shall have the following duties as respects persons detained in the secure training centre, 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.
This section applies where, in the case of a contracted out secure training centre, it appears to the Secretary of State—
that the director has lost, or is likely to lose, effective control of the secure training centre 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 secure training centre 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 monitor 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 secure training centre 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 secure training centre or, as the case may be, the relevant part of it; and
that the governor’s appointment is no longer necessary for the purpose 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 monitor.
A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers in relation to any person who is in or is seeking to enter the centre (other than a person detained in the centre).
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.
The Secretary of State may enter into a contract with another person for any functions at a directly managed secure training centre to be performed by custody officers who are provided by that person and are authorised to perform custodial duties.
Sections 9 and 9A shall apply in relation to a custody officer performing contracted out functions at a directly managed secure training centre as they apply in relation to such an officer performing custodial duties at a contracted out secure training centre.
In relation to a directly managed secure training centre, the reference in section 13(2) of the Prison Act 1952 (legal custody of prisoners) as it applies to secure training centres to an officer of the prison shall be construed as including a reference to a custody officer performing custodial duties at the secure training centre in pursuance of a contract under this section.
Any reference in subsections (1), (2) and (3) above to the performance of functions or custodial duties at a directly managed secure training centre includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a secure training centre.
The provisions of Schedule 1 to this Act (which make provision for escort arrangements persons detained in youth detention accommodation) shall have effect.
The provisions of Schedule 2 to this Act shall have effect with respect to the certification of custody officers.
In this Part, “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 any of the following—
escort functions;
custodial duties at secure training centres;
that he is accordingly authorised to perform them.
Any person who assaults a custody officer— 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.
acting in pursuance of escort arrangements;
performing custodial duties at a contracted out secure training centre; or
performing contracted out functions at a directly managed secure training centre,
Any person who resists or wilfully obstructs a custody officer— shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
acting in pursuance of escort arrangements;
performing custodial duties at a contracted out secure training centre; or
performing contracted out functions at a directly managed secure training centre,
For the purposes of this section, a custody officer shall not be regarded as acting in pursuance of 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— commits 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 person detained in youth detention accommodation .
is or has been employed (whether as a custody officer or otherwise) in pursuance of escort arrangements or at a contracted out secure training centre; or
is or has been employed to perform contracted out functions at a directly managed secure training centre,
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 sections 7 to 14—
“local authority”—
“sound equipment” has the same meaning as in section 64; and
“premises” has the same meaning as in that section, that is to say, the same meaning as in PartII of the Criminal Law Act 1977 (offences relating to entering and remaining on property).
a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, or
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“trespass” means, in the application of this section—
“the 1989 Act” means the Prisons (Scotland) Act 1989;
any vehicle, whether or not it is in a fit state for use on roads, and includes any body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and
a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998
section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or
paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act);
the court, in determining whether there is a case to answer;
“the local authority”, in relation to common land, has the same meaning as in section 61;
“the 1968 Act” means the Firearms Act 1968;
as respects England and Wales, section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 252A of the Sentencing Code;
as respects anything in the possession of a person searched in Scotland, by section 40 of the Criminal Justice (Scotland) Act 1987;
“sound equipment” has the same meaning as in section 64.
“the contractor”, in relation to a contracted out secure training centre, means the person who has contracted with the Secretary of State for the provision or running (or the provision and running) of it;
“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.
any prison other than a naval, military or air force prison; and
in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;
Section 53 of the Children and Young Persons Act 1933 (which provides for the long term detention of children and young persons for certain grave crimes) shall be amended as follows.
In subsection (1), for the words after “conditions” there shall be substituted——.
In subsection (2), for the words from the beginning to the words “and the court” there shall be substituted the following—.
For the words from “as the” in subsection (3) to the end of the section there shall be substituted——.
Section 1B of the Criminal Justice Act 1982 (maximum length of detention in young offender institution for offenders aged 15, 16 or 17 years) shall be amended as follows.
In subsection (2)(b), for the words “12 months” there shall be substituted the words “ 24 months ”.
In subsection (4), for the words “12 months” there shall be substituted the words “ 24 months ”.
In subsection (5), for the words “12 months” in both places where they occur there shall be substituted the words “ 24 months ”.
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in subsection (1), after the words “young offender institution” there shall be inserted the words “or to custody for life” and for the words “such an institution” there shall be substituted the words “a young offender institution”; and
in subsection (2), after the words “in a young offender institution” there shall be inserted the words “or to custody for life”.
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In section 43(1) of the Prison Act 1952 (which relates to the institutions for the detention of young offenders which may be provided by the Secretary of State), in paragraph (aa), at the end, there shall be inserted the words “ or to custody for life ”.
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In the Children Act 1989, Schedules 5 and 6 (which provide for the regulation of voluntary homes and registered childrens’ homes respectively) shall be amended as follows, that is to say—
in Schedule 5, in paragraph 7(2) (regulations as to conduct of voluntary homes)—
head (f) (power to prohibit provision of secure accommodation) shall be omitted; and
after that head, there shall be inserted the following—; and
in Schedule 6, in paragraph 10(2) (regulations as to conduct, etc. of registered childrens’ homes)—
head (j) (power to prohibit use of accommodation as secure accommodation) shall be omitted; and
after that head, there shall be inserted the following—.
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in subsection (2), at the end, there shall be inserted the words “or by making arrangements with voluntary organisations or persons carrying on a registered childrens' home for the provision or use by them of such accommodation or by making arrangements with the Secretary of State for the use by them of a home provided by him under section 82(5) of the Children Act 1989”; and
in subsection (5), at the end, there shall be inserted the words “and expressions, other than “local authority”, used in the Children Act 1989 have the same meanings as in that Act.”.
“person who has attained the age of fourteen”;
“person who has attained the age of thirteen”; or
“person who has attained the age of twelve”;
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The Children Act 1989 shall be amended as follows.
In section 53 (provision and management of community homes)—
in subsection (3) (homes which may be community homes)—
in paragraph (a), for the words “managed, equipped and maintained” there shall be substituted the words “ equipped, maintained and (subject to subsection (3A)) managed ”; and
in paragraph (b)(i), for the words “management, equipment and maintenance” there shall be substituted the words “ equipment, maintenance and (subject to subsection (3B)) management ”; and
after subsection (3) there shall be inserted the following subsections—.
In Part II of Schedule 4 (management of controlled and assisted community homes)—
in paragraph 3(4), after the word “managers” there shall be inserted the words “ , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person. ”; and
in paragraph 3(5), after the word “body” there shall be inserted the words “ ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed ”.
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In section 38(6) of the Police and Criminal Evidence Act 1984 (detention of arrested juveniles after charge), in paragraph (b), for the words “age of 15 years” there shall be substituted the words “ age of 12 years ”.
A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is of the opinion that there are exceptional circumstances which justify it.
This section applies, subject to subsection (3A) below, to the following offences, that is to say—
murder;
attempted murder;
manslaughter;
rape under the law of Scotland ...;
an offence under section 1 of the Sexual Offences Act 1956 (rape);
an offence under section 1 of the Sexual Offences Act 2003 (rape);
an offence under section 2 of that Act (assault by penetration);
an offence under section 4 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
an offence under section 5 of that Act (rape of a child under 13);
an offence under section 6 of that Act (assault of a child under 13 by penetration);
an offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
an offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section;
an offence under section 31 of that Act (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;
an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (rape);
an offence under Article 6 of that Order (assault by penetration);
an offence under Article 8 of that Order (causing a person to engage in sexual activity without consent) where the activity caused involved penetration within paragraph (4)(a) to (d) of that Article;
an offence under Article 12 of that Order (rape of a child under 13);
an offence under Article 13 of that Order (assault of a child under 13 by penetration);
an offence under Article 15 of that Order (causing or inciting a child under 13 to engage in sexual activity) where an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused;
an offence under Article 43 of that Order (sexual activity with a person with a mental disorder impeding choice) where the touching involved penetration within paragraph (3)(a) to (d) of that Article;
an offence under Article 44 of that Order (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity) where an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused;
an attempt to commit an offence within any of paragraphs (d) to (mh).
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This section applies whether or not an appeal is pending against conviction or sentence.
This section applies where—
the person has been previously convicted by or before a court in any part of the United Kingdom of any offence within subsection (2) or of culpable homicide, and
if that previous conviction is one of manslaughter or culpable homicide—
the person was then a child or young person, and was sentenced to long-term detention under any of the relevant enactments, or
the person was not then a child or young person, and was sentenced to imprisonment or detention.
In this section—
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This section does not apply in relation to proceedings instituted before its commencement.
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In Part I of Schedule 1 to the Bail Act 1976 (exceptions to right to bail for imprisonable offences)—
after paragraph 2, there shall be inserted the following paragraph—; and
in paragraph 9, after the words “paragraph 2” there shall be inserted the words “ or 2A ”.
Part IV of the Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall have effect with the following amendments, that is to say, in section 47 (bail after arrest)—
in subsection (1), for the words after “in accordance with” there shall be substituted the words “ sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable ”; and
after subsection (1) there shall be inserted the following subsection—.
Section 3 of the Bail Act 1976 (incidents including conditions of bail in criminal proceedings) shall be amended as follows—
in subsection (6), the words “(but only by a court)” shall be omitted;
at the end of subsection (6) there shall be inserted— “ and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) or (c) above ”;
after subsection (9), there shall be inserted the following subsection—.
After section 3 of the Bail Act 1976 there shall be inserted the following section—.
The further amendments contained in Schedule 3 to this Act shall have effect.
Section 38 of the Police and Criminal Evidence Act 1984 (which requires an arrested person charged with an offence to be released except in specified circumstances) shall be amended as follows.
In subsection (1)(a), for sub-paragraphs (ii) and (iii) there shall be substituted the following sub-paragraphs—.
After subsection (2), there shall be inserted the following subsection—.
After subsection (7), there shall be inserted the following subsection—.
Part IV of the Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall be amended as follows.
After section 46 there shall be inserted the following section—.
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In consequence of the foregoing amendments—
in section 37(1), paragraph (b) shall be omitted;
in sections 41(9), 42(11) and 43(19), at the end, there shall be inserted the words “; but this subsection does not prevent an arrest under section 46A below.”;
in section 47, subsection (5) shall be omitted;
in section 47(6), for the words “is detained under subsection (5) above” there shall be substituted the words “ who has been granted bail and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station ”; and
in section 47(7), at the end, there shall be inserted the words “ ; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence). ”.
This section applies whether the person released on bail was granted bail before or after the commencement of this section.
After the section 5A of the Bail Act 1976 inserted by Schedule 3 to this Act there shall be inserted the following section—.
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Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a person merely because that person is— is hereby abrogated.
an alleged accomplice of the accused, or
where the offence charged is a sexual offence, the person in respect of whom it is alleged to have been committed,
In section 34(2) of the Criminal Justice Act 1988 (abolition of requirement of corroboration warning in respect of evidence of a child) the words from “in relation to” to the end shall be omitted.
Any requirement that— is hereby abrogated.
is applicable at the summary trial of a person for an offence, and
corresponds to the requirement mentioned in subsection (1) above or that mentioned in section 34(2) of the Criminal Justice Act 1988,
Nothing in this section applies in relation to— which began before the commencement of this section.
any trial, or
any proceedings before a magistrates’ court as examining justices,
The following provisions of the Sexual Offences Act 1956 (which provide that a person shall not be convicted of the offence concerned on the evidence of one witness only unless the witness is corroborated) are hereby repealed—
section 2(2) (procurement of woman by threats),
section 3(2) (procurement of woman by false pretences),
section 4(2) (administering drugs to obtain or facilitate intercourse),
section 22(2) (causing prostitution of women), and
section 23(2) (procuration of girl under twenty-one).
Nothing in this section applies in relation to— which began before the commencement of this section.
any trial, or
any proceedings before a magistrates’ court as examining justices,
Where, in any proceedings against a person for an offence, evidence is given that the accused— being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) below applies.
at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or
on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, ; or
at any time after being charged with the offence, on being questioned under section 22 of the Counter-Terrorism Act 2008 (post-charge questioning), failed to mention any such fact,
situated in the area of a local authority within whose area the land is situated, and
the court or jury, in determining whether the accused is guilty of the offence charged,
Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.
This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by constables; and in subsection (1) above “officially informed” means informed by a constable or any such person.
This section does not—
prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from this section; or
preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section.
This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.
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At the trial of any person . . . for an offence, subsections (2) and (3) below apply unless— but subsection (2) below does not apply if, at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence.
the accused’s guilt is not in issue; or
it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence;
Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment with a jury , in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.
Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question.
This section does not render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a failure to do so.
For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless—
he is entitled to refuse to answer the question by virtue of any enactment, whenever passed or made, or on the ground of privilege; or
the court in the exercise of its general discretion excuses him from answering it.
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This section applies—
in relation to proceedings on indictment for an offence, only if the person charged with the offence is arraigned on or after the commencement of this section;
in relation to proceedings in a magistrates’ court, only if the time when the court begins to receive evidence in the proceedings falls after the commencement of this section.
Where— then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) below applies.
a person is arrested by a constable, and there is— any object, substance or mark, or there is any mark on any such object; and
on his person; or
in or on his clothing or footwear; or
otherwise in his possession; or
in any place in which he is at the time of his arrest,
that or another constable investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the constable; and
the constable informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and
the person fails or refuses to do so,
Where this subsection applies— may draw such inferences from the failure or refusal as appear proper.
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a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998
section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or
paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act);
the court, in determining whether there is a case to answer; and
the court or jury, in determining whether the accused is guilty of the offence charged,
Subsections (1) and (2) above apply to the condition of clothing or footwear as they apply to a substance or mark thereon.
Subsections (1) and (2) above do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.
This section applies in relation to officers of customs and excise as it applies in relation to constables.
Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.
This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.
This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.
This section applies in relation to enforcement officers who— as it applies in relation to constables.
are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and
are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) below applies.
a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed; and
that or another constable investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to his participation in the commission of the offence; and
the constable informs the person that he so believes, and requests him to account for that presence; and
the person fails or refuses to do so,
Where this subsection applies— may draw such inferences from the failure or refusal as appear proper.
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a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998
section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or
paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act);
the court, in determining whether there is a case to answer; and
the court or jury, in determining whether the accused is guilty of the offence charged,
Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request.
This section applies in relation to officers of customs and excise as it applies in relation to constables.
Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.
This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.
This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.
This section applies in relation to enforcement officers who— as it applies in relation to constables.
are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and
are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,
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In sections 34, 35, 36 and 37 of this Act—
the decision not to prosecute him,
“entertainment licence” means a licence granted by a local authority under—
“occupier”rson entitled to possession of the land by virtue of an estate or interest held by him;
In sections 34(2), 35(3), 36(2) and 37(2), references to an offence charged include references to any other offence of which the accused could lawfully be convicted on that charge.
A person shall not have the proceedings against him transferred to the Crown Court for trial, have a case to answer or be convicted of an offence solely on an inference drawn from such a failure or refusal as is mentioned in section 34(2), 35(3), 36(2) or 37(2).
In each of sections 34(2A), 36(4A) and 37(3A) “ authorised place of detention ” means— and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
a police station; or
any other place prescribed for the purposes of that provision by order made by the Secretary of State;
A judge shall not refuse to grant such an application as is mentioned in section 34(2)(b), 36(2)(b) and 37(2)(b) solely on an inference drawn from such a failure as is mentioned in section 34(2), 36(2) or 37(2).
Nothing in sections 34, 35, 36 or 37 prejudices the operation of a provision of any enactment which provides (in whatever words) that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal). In this subsection, the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.
Nothing in sections 34, 35, 36 or 37 prejudices any power of a court, in any proceedings, to exclude evidence (whether by preventing questions being put or otherwise) at its discretion.
The Secretary of State may by order direct that any provision of sections 34 to 38 of this Act shall apply, subject to such modifications as he may specify, to any proceedings to which this section applies.
This section applies to any proceedings before an officer or court in respect of a service offence (other than proceedings before a civilian court); and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
to proceedings whereby a charge is dealt with summarily under Part II of the Army Act 1955;
to proceedings whereby a charge is dealt with summarily under Part II of the Air Force Act 1955;
to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 1957;
to proceedings before a court martial constituted under the Army Act 1955;
to proceedings before a court martial constituted under the Air Force Act 1955;
to proceedings before a court martial constituted under the Naval Discipline Act 1957;
to proceedings before a disciplinary court constituted under section 50 of the Naval Discipline Act 1957;
to proceedings before the Courts-Martial Appeal Court;
to proceedings before a Standing Civilian Court;
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may by regulations provide for any provision of section 36 or 37 that applies in relation to a constable to apply in relation to a food crime officer.
Regulations under subsection (1) may apply any provision of section 36 or 37 with any modifications specified in the regulations.
Regulations under subsection (1) may not apply a provision of section 36 or 37 in relation to a failure or refusal which occurred before the regulations come into force.
Regulations under subsection (1) are to be made by statutory instrument.
Regulations under subsection (1) may make—
different provision for different purposes;
provision which applies generally or for particular purposes;
incidental, supplementary, consequential, transitional or transitory provision or savings.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “food crime officer” has the meaning given by section 114C of the Police and Criminal Evidence Act 1984 (PACE powers for food crime officers).
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A person who is on bail in criminal proceedings shall not be qualified to serve as a juror in the Crown Court.
In this section “bail in criminal proceedings” has the same meaning as in the Bail Act 1976.
After section 9A of the Juries Act 1974 there shall be inserted the following section—.
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For section 13 of the Juries Act 1974 (under which a jury may be allowed to separate at any time before they consider their verdict) there shall be substituted—.
The amendment made by subsection (1) above shall not have effect in relation to a trial where a direction to the jury to consider their verdict has been given before the commencement of this section.
The functions of a magistrates' court as examining justices are hereby abolished.
The provisions set out in Part I of Schedule 4 to this Act as sections 4 to 8C of the Magistrates' Courts Act 1980 shall be substituted for sections 4 to 8 of that Act (which provide for the functions of magistrates' courts as examining justices).
The amendments specified in Part II of that Schedule shall also have effect.
Subsections (1) and (2) above do not apply in relation to proceedings in which a magistrates' court has begun to inquire into a case as examining justices before the commencement of this section.
The amendments to the Magistrates’ Courts Act 1980 specified in Schedule 5 (being amendments designed principally to extend the procedures applicable in magistrates’ courts when the accused pleads guilty) shall have effect.
In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage or, in certain circumstances, an offence of aggravated vehicle-taking, is charged and it appears clear to the magistrates’ court that the value involved does not exceed the relevant sum, the court is to proceed as if the offence were triable only summarily) in the second paragraph (which states the relevant sum), for “£2,000” there shall be substituted “ £5,000 ”.
Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.
In section 89 of the Magistrates’ Courts Act 1980 (which gives a magistrates’ court power to make a transfer of fine order), after subsection (2) there shall be inserted the following subsection—.
In section 90 of the Magistrates’ Courts Act 1980 (which gives a magistrates’ court power to transfer a fine to Scotland), after subsection (3) there shall be inserted the following subsection—.
In section 24(3) of the Criminal Justice Act 1991 (which relates to the Secretary of State’s power to authorise deduction of fines etc. from income support), after paragraph (b) there shall be inserted the following paragraph—.
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In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court a court shall take into account—
the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
the circumstances in which this indication was given.
If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so.
For section 49 of the the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned) there shall be substituted—.
A person commits an offence if—
he does an act which intimidates, and is intended to intimidate, another person (“the victim”),
he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and
he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.
A person commits an offence if—
he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,
he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed (“the victim”), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and
he does or threatens to do it because of that knowledge or belief.
For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made—
otherwise than in the presence of the victim, or
to a person other than the victim.
The harm that may be done or threatened may be financial as well as physical (whether to the person or a person’s property) and similarly as respects an intimidatory act which consists of threats.
The intention required by subsection (1)(c) and the motive required by subsection (2)(c) above need not be the only or the predominating intention or motive with which the act is done or, in the case of subsection (2), threatened.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding five 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.
If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.
If, in proceedings against a person for an offence under subsection (2) above, it is proved that within the relevant period— and that he did the act, or (as the case may be) threatened to do the act, with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act or (as the case may be) threatened to do the act with the motive required by paragraph (c) of that subsection.
he did an act which harmed, and was intended to harm, another person, or
intending to cause another person fear of harm, he threatened to do an act which would harm that other person,
In this section—
land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006; and
“escort functions” means the functions specified in paragraph 1 of Schedule 1 to this Act;
“trespass” means, in the application of this section—
Section 12.
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 custody officers who are authorised to perform such functions. In sub-paragraph (1)(a) above, “relevant premises” means a place of youth detention accommodation or a court , police station or hospital. Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers. Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (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 custody officer acting in pursuance of escort arrangements. In this paragraph—
Escort arrangements shall include the appointment of— It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements. 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 custody officer acting in pursuance of escort arrangements shall have the following powers, namely— The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves. A custody officer shall have the following duties as respects detained persons for whose delivery or custody he is responsible in pursuance of escort arrangements, namely— and the Secretary of State may make rules with respect to the performance by custody officers of their duty under (d) above. The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary. The power to make rules 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.
In this Schedule—
Section 12.
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 escort monitor , monitor 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 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 27.
Section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows—
in subsection (1)(d), after the words “a court” there shall be inserted the words “ or constable ”; and
after subsection (10), there shall be inserted the following subsection—.
After section 5 of the Bail Act 1976 there shall be inserted the following section—.
After section 43A of the Magistrates’ Courts Act 1980 there shall be inserted the following section—.
In this Part of this Schedule—
In section 9 of the 1853 Act (bringing up a prisoner to give evidence), for the words “under commitment for trial” there shall be substituted the words “pending his trial in the Crown Court”.
In section 4 of the 1878 Act (procedure under that Act), for the words “committal of” there shall be substituted the words “transfer of proceedings against”.
In section 6(3) of the 1883 Act (inquiry by Attorney-General, and apprehension of absconding witnesses), for the words “committing for trial of” there shall be substituted the words “consideration of an application for dismissal under section 6 of the Magistrates' Courts Act 1980 made by such person for such crime or the transfer for trial of proceedings against”.
In section 42 of the Children and Young Persons Act 1933 (deposition of child or young person), for subsection (2)(a) there shall be substituted the following paragraph—.
In section 56(1) of the Children and Young Persons Act 1933 (powers of courts to remit young offenders to youth court)—
for the words “the offender was committed” there shall be substituted the words “proceedings against the offender were transferred”; and
for the words “he was not committed” there shall be substituted the words “proceedings against him were not transferred”.
Section 2 of the 1933 Act (procedure for indictment of offenders) shall be amended as follows. In subsection (2)— In subsection (3), in proviso (b), for the words from “a person” to “for trial” there shall be substituted the words “proceedings against a person have been transferred for trial and that person”.
The 1948 Act shall be amended as follows. In section 27(1) (remand and committal of persons aged 17 to 20), for the words “trial or sentence” there shall be substituted the words “sentence or transfers proceedings against him for trial”. In section 80(1) (interpretation of expressions used in the Act), in the definition of “Court of summary jurisdiction”, for the words from “examining” to the end there shall be substituted the words “a magistrates' court proceeding with a view to transfer for trial;”.
Section 43 of the 1952 Act (remand centres, etc.) shall be amended as follows. In subsection (1)(a)— In subsection (2)—
In section 47(5) of the 1952 Act (rules for the management of prisons, remand centres, etc.), for the words “committed in custody” there shall be substituted the words “ordered to be safely kept in custody on the transfer of proceedings against them”.
In section 187(4) of the 1955 Act (proceedings against persons suspected of illegal absence)—
for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
for the words “so acting” there shall be substituted the words “so proceeding”.
In section 187(4) of the Air Force Act 1955 (proceedings against persons suspected of illegal absence)—
for the words from “courts of” to “justices” there shall be substituted the words “magistrates' courts proceeding with a view to transfer for trial”; and
for the words “so acting” there shall be substituted the words “so proceeding”.
In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—
in subsection (1), for the word “committal” there shall be substituted the words “the transfer of the proceedings against him”; and
in subsection (2)—
for the word “committal” the first time it occurs there shall be substituted the words “the transfer of the proceedings against him”; and
for the words “remand or committal order” there shall be substituted the words “court on remanding him or transferring proceedings against him for trial”.
In section 109(4) of the 1957 Act (proceedings against persons suspected of illegal absence)—
for the words from “1952” to “justices” there shall be substituted the words “1980, that is to say the provisions relating to the constitution and procedure of magistrates' courts proceeding with a view to transfer for trial”; and
for the words “so acting” there shall be substituted the words “so proceeding”.
The 1967 Act shall be amended as follows. In section 9 (general admissibility of written statements), in subsection (1), for the words “committal proceedings” there shall be substituted the words “proceedings under sections 4 to 6 of the Magistrates' Courts Act 1980”. In section 11 (notice of alibi), in subsection (8), in the definition of “the prescribed period”, for the words from “the end” to “or” there shall be substituted the words “the transfer of the proceedings to the Crown Court for trial, or”.
In section 1(3) of the Criminal Appeal Act 1968 (limitation of right of appeal in case of scheduled offence), for the word “committed” there shall be substituted the words “transferred proceedings against”.
In paragraph 3(3) of Part II of Schedule 6 to the 1968 Act (trial of certain offences under that Act)—
after the word “If” there shall be inserted the words “, under section 6 of the said Act of 1980,”;
for the words from “determines” to “for trial” there shall be substituted the words “dismisses the charge against the accused”;
in sub-subparagraph (a), for the words from “inquire” to “justices” there shall be substituted the words “proceed with a view to transferring for trial proceedings for the listed offence”;
in sub-subparagraph (b)—
for the words “inquire into” there shall be substituted the words “proceed in respect of”; and
for the words from “its inquiry” to “justices” there shall be substituted the words “a view to transferring for trial proceedings for that offence”.
In section 28(4) of the Theft Act 1968 (orders for restitution), for the words from “, the depositions” to the end there shall be substituted the words “and, where the proceedings have been transferred to the Crown Court for trial, the documents sent to the Crown Court by the magistrates' court under section 7(3)(b) of the Magistrates' Courts Act 1980.”.
In section 23(1) of the 1969 Act (remands and committals to local authority accommodation)—
in paragraph (a), for the words “or commits him for trial or sentence” there shall be substituted the words “, transfers proceedings against him for trial or commits him for sentence”; and
for the words “the remand or committal shall be” there shall be substituted the words “he shall be remanded or committed”.
In section 21(2) of the 1973 Act (restriction on imposing sentences of imprisonment, etc., on persons not legally represented)—
for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and
after the words “committed him” there shall be inserted the words “or which transferred proceedings against him”.
In section 32(1)(b) of the 1973 Act (enforcement, etc., of fines imposed and recognizances forfeited by Crown Court)—
the words “tried or” shall be omitted; and
after the words “dealt with” there shall be inserted the words “or which transferred proceedings against him to the Crown Court for trial”.
In section 3 of the 1976 Act (incidents of bail in criminal proceedings)—
in subsection (8) (variation and imposition of bail conditions by court), for the words from “committed” to “trial or” there shall be substituted the words “released a person on bail on transferring proceedings against him to the Crown Court for trial or has committed him on bail to the Crown Court”; and
in subsection (8A), for the words “committed on bail” there shall be substituted the words “released on bail on the transfer of proceedings against him”.
In section 5 of the 1976 Act (supplementary provisions about decisions on bail)—
in subsection (6)(a)—
for the word “committing” there shall be substituted the words “transferring proceedings against”; and
after the words “Crown Court” where they occur first, there shall be inserted the words “or has already done so”; and
in subsection (6A)(a), for sub-paragraph (i) there shall be substituted the following sub-paragraph—.
In section 6(6)(b) of the 1976 Act (absconding by person released on bail), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.
In section 9(3)(b) of the 1976 Act (agreeing to indemnify sureties in criminal proceedings), for the words from “commits” to “another offence” there shall be substituted the words “transfers proceedings against that person for another offence to the Crown Court for trial”.
In section 3 of the Sexual Offences (Amendment) Act 1976 (application of restrictions on evidence at trials for rape etc. to committal proceedings etc.), for subsection (1) there shall be substituted the following subsection—.
In section 4(6)(c) of the Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases), for the words “commits him for trial on” there shall be substituted the words “transfers proceedings against him for trial for”.
In Schedule 1 to the 1978 Act—
in the definition of “Committed for trial”, paragraph (a) shall be omitted; and
“Transfer for trial” means the transfer of proceedings against an accused to the Crown Court for trial under section 7 of the Magistrates' Courts Act 1980.
The 1979 Act shall be amended as follows. In section 147 (proceedings for offences under customs and excise Acts), in subsection (2), for the words from the beginning to “justices” there shall be substituted the words “Where, in England or Wales, on an application under section 6 of the Magistrates' Courts Act 1980 for dismissal of a charge under the customs and excise Acts, the court has begun to consider the evidence and any representations permitted under that section,”. In section 155 (persons who may conduct proceedings under customs and excise Acts), in subsection (1), for the words “examining justices” there shall be substituted the words “magistrates' court proceeding with a view to transfer for trial”.
In paragraph 2(4) of Schedule 5 to the Reserve Forces Act 1980 (proceedings against persons suspected of illegal absence)—
for the words “acting as examining justices” there shall be substituted the words “proceeding with a view to transfer for trial”; and
for the words “so acting” there shall be substituted the words “so proceeding”.
Section 2 of the 1980 Act (jurisdiction of magistrates' courts) shall be amended as follows. In subsection (3), for the words from “as examining” to “any offence” there shall be substituted the words “to proceed with a view to transfer for trial where the offence charged was”. In subsection (4), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”. In subsection (5), for the words “as examining justices” there shall be substituted the words “to proceed with a view to transfer for trial”.
In section 19 of the 1980 Act (court to consider mode of trial of either way offence), in subsection (4), for the words from “to inquire” to the end of the subsection there shall be substituted the words “with a view to transfer for trial.”.
In section 20 of the 1980 Act (procedure where summary trial appears more suitable), in subsection (3)(b), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.
In section 21 of the 1980 Act (procedure where trial on indictment appears more suitable), for the words from “to inquire” to the end there shall be substituted the words “with a view to transfer for trial.”.
Section 23 of the 1980 Act (procedure where court proceeds to determine mode of trial in absence of accused) shall be amended as follows. In subsection (4)(b)— In subsection (5)—
Section 24 of the 1980 Act (trial of child or young person for indictable offence) shall be amended as follows. In subsection (1)— In subsection (2), for the words from “commits” to “him for trial” there shall be substituted the words “proceeds with a view to transferring for trial the proceedings in relation to a person under the age of 18 years for an offence with which he is charged jointly with a person who has attained that age, the court may also proceed with a view to transferring for trial proceedings against him”.
Section 25 of the 1980 Act (court’s power to change from summary trial to committal proceedings and vice versa) shall be amended as follows. In subsection (2)— For subsection (3) there shall be substituted the following subsection—. In subsection (5), in paragraph (b), for the words from “inquire” to “fall” there shall be substituted the words “consider the evidence and any representations permitted under section 6 above on an application for dismissal of a charge in a case in which, under paragraph (a) or (b) of section 24(1) above, the court is required to proceed with a view to transferring the proceedings to the Crown Court for trial,”. In subsection (6)— In subsection (7), for the words “the inquiry” there shall be substituted the words “its consideration of the evidence and any representations permitted under section 6 above.”.
For section 26 of the 1980 Act (power to issue summons in certain circumstances) there shall be substituted the following section—.
In section 28 of the 1980 Act (use in summary trial of evidence given in committal proceedings)—
for the words from “inquire” to “justices” there shall be substituted the words “consider the evidence under section 6 above”; and
for the words from “then” to “any” there shall be substituted the words “any oral”.
In section 29 of the 1980 Act (remission of person under 18 to youth court for trial), in subsection (2)(b)(i), for the words from “to inquire” to “discharges him” there shall be substituted the words “with a view to transfer for trial”.
In section 42 of the 1980 Act (restriction on justices sitting after dealing with bail), in subsection (2), for the words “committal proceedings” there shall be substituted the words “proceedings before the court on an application for dismissal of a charge under section 6 above.”.
Section 97 of the 1980 Act (summons to witness) shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted the following subsection—. In subsection (2)— In subsection (2A), after the words “subsection (1)” there shall be inserted the words “or (1A)”. In subsections (3) and (4), after the words “a magistrates' court” or “the court” wherever they occur there shall be inserted the words “or justice, as the case may be,”.
Section 128 of the 1980 Act (remand in custody or on bail) shall be amended as follows. In subsection (1)(b), for the words “inquiring into or” there shall be substituted the words “proceeding with a view to transferring the proceedings against that person for trial or is”. In subsections (1A), (3A), (3C) and (3E), for the words “section 5” there shall be substituted the words “section 4(4)”. In subsection (4)—
In section 129 of the 1980 Act (further remand), in subsection (4)—
for the words from “commits” to “bail” there shall be substituted the words “transfers for trial proceedings against a person who has been remanded on bail”; and
for the words “so committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.
In section 130 of the 1980 Act (transfer of remand hearings), in subsection (1), for the words “section 5” there shall be substituted the words “section 4(4)”.
In section 145(1)(f) of the 1980 Act (rules: supplementary provisions), for the word “committed” there shall be substituted the words “in respect of whom proceedings have been transferred”.
Schedule 3 to the 1980 Act (corporations) shall be amended as follows. In paragraph 1(1), for the words “commit a corporation” there shall be substituted the words “, in the case of a corporation, transfer the proceedings”. In paragraph 2(a), for the words from “a statement” to “to” there shall be substituted the words “an application to dismiss”. In paragraph 6, for the words “inquiry into,” there shall be substituted the words “transfer for trial”.
In paragraph 5 of Schedule 5 to the 1980 Act (transfer of remand hearings), for the words “sections 5” there shall be substituted the words “sections 4(4)”.
In section 2(2)(g) of the Criminal Attempts Act 1981 (application of procedural and other provisions to attempts), the words “or committed for trial” shall be omitted.
In section 4(3)(b) of the Contempt of Court Act 1981 (contemporary reports of proceedings)—
for the words “committal proceedings” there shall be substituted the words “an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and
for the words from “subsection (3)” to “1980” there shall be substituted the words “subsection (5) or (7) of section 8A of that Act”.
In section 76 of the 1981 Act (alteration of place of Crown Court trial)—
in subsection (1), for the words from “varying the decision” to the end there shall be substituted the words “substituting some other place for the place specified in a notice relating to the transfer of the proceedings to the Crown Court or by varying a previous decision of the Crown Court”;
in subsection (3), for the words from the beginning to the words “varying the place of trial;” there shall be substituted the following words—If he is dissatisfied with the place of trial—; and
after subsection (4) there shall be inserted the following subsection—.
Section 77 of the 1981 Act (date of Crown Court trial) shall be amended as follows. In subsection (1), for the words from “a person’s committal” to “beginning of the trial” there shall be substituted the words “the transfer of proceedings for trial by the Crown Court and the beginning of the trial;”. In subsection (2)— In subsection (3), for the word “committal” there shall be substituted the word “transfer”. After subsection (3) there shall be inserted the following subsections—.
In section 80(2) of the 1981 Act (process to compel appearance before Crown Court), for the words from “the person” to “committed” there shall be substituted the words “proceedings against the person charged have not been transferred”.
In section 1(2) of the 1982 Act (restrictions on custodial sentences for persons under 21)—
the words “trial or” shall be omitted; and
after the word “sentence” there shall be inserted the words “or ordered to be safely kept in custody on the transfer of proceedings against him for trial”.
In section 3(2) of the 1982 Act (restriction on imposing custodial sentences on persons under 21 not legally represented)—
for the words “or trial” there shall be substituted the words “or in respect of whom proceedings have been transferred to the Crown Court for trial”; and
after the words “committed him” there shall be inserted the words “or transferred proceedings against him”.
Section 52 of the 1983 Act (provisions relating to persons remanded by magistrates' courts) shall be amended as follows. In subsection (2), for the words from “accused” to “or” there shall be substituted the words “court, on transferring proceedings against the accused to the Crown Court for trial, orders him to be safely kept in custody, or commits the accused in custody to the Crown Court”. In subsection (5), after the words “expired or that” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”. In subsection (6), after the word “If” there shall be inserted the words “proceedings against the accused are transferred to the Crown Court for trial or”. In subsection (7)—
In section 57(1) of the 1984 Act (evidence of prisoners), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.
In section 62(10)(a) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), for sub-paragraph (i) there shall be substituted the following sub-paragraph—.
In section 16 of the 1985 Act (defence costs)—
in subsection (1), for paragraph (b) there shall be substituted the following paragraph—; and
in subsection (2)(a), for the word “committed” there shall be substituted the words “in respect of which proceedings against him have been transferred”.
In section 21(6) of the 1985 Act (interpretation, etc.), in paragraph (b), for the words from “the accused” to “but” there shall be substituted the words “proceedings against the accused are transferred to the Crown Court for trial but the accused is”.
In section 22 of the 1985 Act (time limits for preliminary stages of criminal proceedings), in subsection (11)—
in the definition of “appropriate court”, in paragraph (a) for the words from “accused” to “or” there shall be substituted the words “proceedings against the accused have been transferred for trial or the accused has been”; and
in the definition of “custody of the Crown Court”, for paragraph (a) there shall be substituted the following paragraph—.
In section 23 of the 1985 Act (discontinuance of proceedings in magistrates' courts), in subsection (2)(b)(i), for the words “accused has been committed” there shall be substituted the words “proceedings against the accused have been transferred”.
In paragraph 12(1) of Schedule 11 to the 1986 Act (procedure on arbitrations under the Act), for the words “under committal” there shall be substituted the words “following the transfer of proceedings against him”.
The 1987 Act shall be amended as follows. In section 4(1) (notices of transfer in serious fraud cases)— In section 5 (procedure for notices of transfer)— In section 6(5) (applications for dismissal), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”.
In section 40 of the Criminal Justice Act 1988 (power to include counts for certain summary offences in indictment), in subsection (1), for the words from “an examination” to the end, there shall be substituted the words “the documents sent with the copy of a notice of the prosecution case to the Crown Court”.
Section 41 of the Criminal Justice Act 1988 shall be amended as follows. In subsection (1)— In subsection (2)— In subsection (4), for the words “committal of” there shall be substituted the words “transfer for trial of proceedings against”.
In section 20 of the 1988 Act (authorities competent to grant criminal legal aid), in subsection (4), after paragraph (a) there shall be inserted the following paragraph—.
In section 21 of the 1988 Act (availability of criminal legal aid)—
in subsection (3)(a), for the words from “a person” to “his” there shall be substituted the words “proceedings against a person who is charged with murder are transferred to the Crown Court for trial, for that person's”; and
in subsection (4), for the word “commits” there shall be substituted the words “transfers the proceedings against”.
Schedule 3 to the 1988 Act (enforcement of contribution orders) shall be amended as follows. In paragraph 1(b)— In paragraph 9(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—. In paragraph 10(2)(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph—.
In section 16 of the Coroners Act 1988 (adjournment of inquest)—
in subsection (1)(b), for the words “examining justices” there shall be substituted the words “a magistrates' court which is to proceed with a view to transferring proceedings against that person for trial,”; and
in subsection (8)—
for the words “examining justices” there shall be substituted the words “a magistrates' court considering an application for dismissal under section 6 of the Magistrates' Courts Act 1980”; and
for the words from “person” to “committed” there shall be substituted the words “proceedings against the person charged are transferred”.
In section 17 of the Coroners Act 1988 (supplementary provisions applying on adjournment of inquest)—
in subsection (2)—
after the word “Where” there shall be inserted the words “proceedings against”; and
for the words “is committed” there shall be substituted the words “are transferred”; and
in subsection (3)(b), for the words “that person is committed” there shall be substituted the words “proceedings against that person are transferred”.
In the War Crimes Act 1991—
in section 1(4) (introducing the Schedule providing a procedure for use instead of committal proceedings for certain war crimes), the words “England, Wales or” shall be omitted; and
Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.
The 1991 Act shall be amended as follows. In section 53 (notices of transfer in certain cases involving children)— In paragraph 4 of Schedule 6 (procedure for notices of transfer)— In paragraph 5 of Schedule 6 (applications for dismissal), in sub-paragraph (7), for the words from “a refusal” to the end there shall be substituted the words “the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.”. In paragraph 6 of Schedule 6 (reporting restrictions), in sub-paragraph (8), for the words “sub-paragraphs (5) and (6)” there shall be substituted the words “sub-paragraphs (5) and (7)”.
In section 6(3)(c) of the 1992 Act, for the words “commits him” there shall be substituted the words “transfers proceedings against him”.
Section 45.
For section 12 of the Magistrates’ Courts Act 1980 (“the 1980 Act”) there shall be substituted the following section—.
After section 12 of the 1980 Act there shall be inserted the following section—.
In consequence of the amendments made by paragraphs 1 and 2 above the Magistrates’ Courts Act 1980 shall be further amended as follows. For section 13(4), there shall be substituted the following subsection—. In section 13(5), for “12(2)” there shall be substituted “ 12(5) ”. In section 155(2), for “12(8)” there shall be substituted “ 12(13) ”.
Section 114.
In this Schedule—
The Secretary of State may, on the application of any person, issue a certificate in respect of that person. 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—
Where at any time (whether on a reference to him under paragraph 3(2)(a) above or otherwise) 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 guilty of an offence and 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 122(2).
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.
This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions. The prisoner escort monitor 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, he may revoke that officer’s certificate so far as it authorises the performance of those functions.
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 157.
(1) (2) (3) (4) Enactment creating offence Penalty enactment Old maximum fine New maximum fine SEA FISHERIES (SHELLFISH) ACT 1967 (c.83). .. . . .. . . .. . . .. . . Offences under section 5(7) (obstruction of inspector or other person or refusal or failure to provide information to inspector etc.). Section 5(7). Level 3. Level 5. . . . . . . . . . . . . Offences under section 14(2) (contravention of order prohibiting the deposit or taking of shellfish, or importation of shellfish, or non-compliance with conditions of licences). Section 14(2). Level 4. Level 5. Offences under section 14(5) (obstruction of inspector). Section 14(5). Level 3. Level 5. Offences under section 16(1) (selling etc. of oysters between certain dates). Section 16(1). Level 1. Level 4. Offences under section 17(1) (taking and selling etc. of certain crabs). Section 17(4). Level 3. Level 5. Offences under section 17(3) (landing and selling etc. of certain lobsters). Section 17(4). Level 3. Level 5.
(1) (2) (3) (4) Enactment creating offence Penalty enactment Old maximum fine New maximum fine MISUSE OF DRUGS ACT 1971 (c. 38.) Offences under section 4(2) committed in relation to Class C drugs (production, or being concerned in the production of, a controlled drug). Schedule 4, column 6. £500 £2,500 Offences under section 4(3) committed in relation to Class C drugs (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another). Schedule 4, column 6. £500 £2,500 Offences under section 5(2) committed in relation to Class B drugs (having possession of a controlled drug). Schedule 4, column 5. £500 £2,500 Offences under section 5(2) committed in relation to Class C drugs (having possession of a controlled drug). Schedule 4, column 6. £200 £1,000 Offences under section 5(3) committed in relation to Class C drugs (having possession of a controlled drug with intent to supply it to another). Schedule 4, column 6. £500 £2,500 Offences under section 8 committed in relation to Class C drugs (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there). Schedule 4, column 6. £500 £2,500 Offences under section 12(6) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs). Schedule 4, column 6. £500 £2,500 Offences under section 13(3) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs). Schedule 4, column 6. £500 £2,500
(1) (2) (3) (4) Enactment creating offence Penalty enactment Old maximum term of imprisonment New maximum term of imprisonment FIREARMS ACT 1968 (c.27). Offences under section 1(1) committed in an aggravated form within the meaning of section 4(4) (possessing etc. shortened shot gun or converted firearm without firearm certificate). Schedule 6, column 4. 5 years. 7 years. Offences under section 1(1) in any other case (possessing etc. firearms or ammunition without firearm certificate). Schedule 6, column 4. 3 years. 5 years. Offences under section 2(1) (possessing etc. shot gun without shot gun certificate). Schedule 6, column 4. 3 years. 5 years. Offences under section 3(1) (trading in firearms without being registered as a firearms dealer). Schedule 6, column 4. 3 years. 5 years. Offences under section 3(2) (selling firearms to person without a certificate). Schedule 6, column 4. 3 years. 5 years. Offences under section 3(3) (repairing, testing etc. firearm for person without a certificate). Schedule 6, column 4. 3 years. 5 years. Offences under section 3(5) (falsifying certificate, etc., with view to acquisition of firearm). Schedule 6, column 4. 3 years. 5 years. Offences under section 4(1) (shortening a shot gun). Schedule 6, column 4. 5 years. 7 years. Offences under section 4(3) (conversion of firearms). Schedule 6, column 4. 5 years. 7 years. Offences under section 5(1) (possessing or distributing prohibited weapons or ammunition). Schedule 6, column 4. 5 years. 10 years. Offences under section 5(1A) (possessing or distributing other prohibited weapons). Schedule 6, column 4. (a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years. (a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years. . . . . . . . . . . . . Offences under section 20(1) (trespassing with firearm other than air weapon in a building). Schedule 6, column 4. 5 years. 7 years. Offences under section 21(4) (contravention of provisions denying firearms to ex-prisoners and the like). Schedule 6, column 4. 3 years. 5 years. Offences under section 21(5) (supplying firearms to person denied them under section 21). Schedule 6, column 4. 3 years. 5 years. Offences under section 42 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police). Schedule 6, column 4. 3 years. 5 years. FIREARMS (NORTHERN IRELAND) ORDER 1981 (SI 1981/155 (NI 2)) Offences under Article 3(1) (possessing etc. firearms or ammunition without firearm certificate). Schedule 2, column 4. 3 years. 5 years. Offences under Article 4(1) (trading in firearms without being registered as a firearms dealer). Schedule 2, column 4. 3 years. 5 years. Offences under Article 4(2) (selling firearms to person without a certificate). Schedule 2, column 4. 3 years. 5 years. Offences under Article 4(3) (repairing, testing etc. firearm for person without a certificate). Schedule 2, column 4. 3 years. 5 years. Offences under Article 4(4) (falsifying certificate, etc., with view to acquisition of firearm). Schedule 2, column 4. 3 years. 5 years. Offences under Article 5(1) (shortening a shot gun). Schedule 2, column 4. 5 years. 7 years. Offences under Article 5(3) (conversion of firearms). Schedule 2, column 4. 5 years. 7 years. Offences under Article 6(1) (possessing or distributing prohibited weapons or ammunition). Schedule 2, column 4. 5 years. 10 years. Offences under Article 6(1A) (possessing or distributing other prohibited weapons). Schedule 2, column 4. (a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years. (a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years. Offences under Article 22(5) (contravention of provisions denying firearms to ex-prisoners and the like). Schedule 2, column 4. 3 years. 5 years. Offences under Article 22(7) (supplying firearms to person denied them under Article 22). Schedule 2, column 4. 3 years. 5 years. Offences under Article 43 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police). Schedule 2, column 4. 3 years. 5 years.
Section 168(1).
The Game Act 1831 shall be amended as follows. In section 30 (trespassing in search or pursuit of game)— In section 32 (searching for or pursuing game with a gun and using violence, etc.), for the words “level 4” there shall be substituted the words “ level 5 ”. The Game (Scotland) Act 1832 shall be amended as follows. In section 1 (trespassing in search or pursuit of game)— In section 6 (penalty for assaults on persons acting under the Act), for the words “level 1” there shall be substituted the words “ level 3 ”. The amendments made by this paragraph shall not apply to offences committed before this paragraph comes into force.
In sections 2(1) and 3(1) of the Sexual Offences Act 1956 (procurement of women to have unlawful sexual intercourse by threats or false pretences), the word “unlawful” shall be omitted.
In section 1(3) of the Obscene Publications Act 1959 (definition of publication for purposes of that Act), in paragraph (b), after the words “projects it” there shall be inserted the words “ , or, where the matter is data stored electronically, transmits that data. ”.
After section 4 of the Game Laws (Amendment) Act 1960 there shall be inserted the following section—.
In section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons)—
in paragraph (a), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”; and
in paragraph (b), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 1 of the Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the definition of “the prescribed period” (as amended by paragraph 2 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and
“relevant transfer provision” means—
In Schedule 1 to the Firearms Act 1968 (which lists the offences to which section 17(2) (possession of firearms when committing or being arrested for specified offences) relates)—
in paragraph 4, after the word “Theft” there shall be inserted the word “ robbery ”; and
after paragraph 5, there shall be inserted the following paragraphs—.
In section 34(2) of the Children and Young Persons Act 1969 (which requires notice of certain proceedings to be given to a probation officer), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences)— The amendments made by this paragraph shall apply only in relation to persons placed on probation after the date on which this paragraph comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (8A) (inserted by paragraph 9 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and
after subsection (9) there shall be inserted the following subsection—.
In section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of victims in rape etc. cases), after subsection (6) there shall be inserted the following subsection—.
In section 38A(6) of the Criminal Law Act 1977 (execution of warrants for imprisonment for non-payment of fine), for the words “the age of 17 years” there shall be substituted the words “ the age of 18 years ”. In section 38B(6) of the Criminal Law Act 1977 (execution of warrants for commitment for non-payment of due sum), for the words “the age of 17 years” there shall be substituted the words “ the age of 18 years ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the words from “committed” to “21 years old” shall be omitted; and
for the words “sentence of imprisonment” there shall be substituted the words “custodial sentence”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 76 of the Senior Courts Act 1981 (alteration by Crown Court of place of trial) (as amended by paragraph 10 of Schedule 2 to the Criminal Justice Act 1987)— The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act.
in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”;
in subsection (3), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 77 of the Senior Courts Act 1981 (date of trial) (as amended by paragraph 11 of Schedule 2 to the Criminal Justice Act 1987)— The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act.
in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”;
in subsection (2), after the words “committed by a magistrates’ court” there shall be inserted the words “ or in respect of whom a notice of transfer under a relevant transfer provision has been given ”;
in subsection (3), after the words “committal for trial” there shall be inserted the words “ or of a notice of transfer ”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 81 of the Senior Courts Act 1981 (bail by Crown Court)—
in subsection (1)(a) (as amended by paragraph 12 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”; and
after subsection (6), there shall be inserted the following subsection—.
In section 51(8) of the Civic Government (Scotland) Act 1982, after the words “otherwise reproducing” there shall be inserted the words “ , or, where the material is data stored electronically, transmitting that data ”.
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In section 1 of the Video Recordings Act 1984 (which provides for the interpretation of, among other terms, “video work” and “video recordings”)—
in subsection (2), in paragraph (a), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “ or any other device capable of storing data electronically ”; and
in subsection (3), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “ or any other device capable of storing data electronically ”.
In the following enactments there shall be omitted the words from “within” to “warrant” (which prescribe the period of validity of warrants under those enactments for which section 16(3) of the Police and Criminal Evidence Act 1984 prescribes a standard period of one month), namely—
section 4(2) of the Protection of Children Act 1978; and
section 17(1) of the Video Recordings Act 1984.
In section 62(10) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), after paragraph (a) there shall be inserted the following paragraph—.
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in subsection (2)(aa) (inserted by paragraph 14 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “a relevant transfer provision”; and
after subsection (11) there shall be inserted the following subsection—.
In section 18(5) of the Prosecution of Offences Act 1985 (award of costs against accused), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.
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In section 7 of the Criminal Justice Act 1987 (preparatory hearings for certain fraud cases), in subsection (1), for the words “seriousness and complexity” there shall be substituted the words “ seriousness or complexity ”.
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In section 32 of the Criminal Justice Act 1988 (evidence through television links), in subsection (3B) (inserted by section 55(4) of the Criminal Justice Act 1991), for the words “subsection (3) above” there shall be substituted the words “ subsection (3A) above ”.
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In section 35 of the Criminal Justice Act 1988 (kinds of case referable for review of sentence)—
in subsection (3), for the words following “case” there shall be substituted the following words—— ; and
in subsection (4), after the word “case”, there shall be inserted the words “ of a description specified in the order or to any case ”.
In section 40(3) of the Criminal Justice Act 1988 (summary offences triable with indictable offences), after paragraph (a), there shall be inserted the following paragraphs—.
In section 72A of the Criminal Justice Act 1988 (inserted by section 28 of the Criminal Justice Act 1993) (power of court to postpone determinations required before a confiscation order can be made), after subsection (9) there shall be inserted the following subsection—.
The Extradition Act 1989 shall be amended as follows. In section 2(4) (law of, and conduct in, parts or dependencies of foreign States)— In section 7 (procedure for making and implementing extradition requests)—
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In Article 63 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (regulation of taking of non-intimate samples), at the end, there shall be inserted the following paragraph—.
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After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section—.
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In section 34 of the Criminal Justice Act 1991 (duty to release discretionary life prisoners after they have served the relevant part of their sentence and the Parole Board has directed their release)— In paragraph 9(2) of Schedule 12 to that Act (application of early release provisions of the Act to existing life prisoners), after paragraph (b) there shall be inserted the following paragraph, preceded by the word “and”—.
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In section 47 of the Criminal Justice Act 1991 (computation of sentences of imprisonment of persons extradited to United Kingdom), in subsection (4), in the definition of “extradited to the United Kingdom”, after paragraph (iv), there shall be inserted the following paragraph, preceded by the word “or”—. In each of sections 218(3) and 431(3) of the Criminal Procedure (Scotland) Act 1975 (corresponding provisions for Scotland), after paragraph (c) there shall be inserted the following paragraph—.
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in subsection (1), for the words “served” and “on” there shall be substituted the words “given” and “to”;
in subsection (2), for the word “served” there shall be substituted the word “given”;
in subsection (3), for the word “service” there shall be substituted the word “giving”; and
in subsection (4), for the word “serve” there shall be substituted the word “give”.
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The Sexual Offences (Amendment) Act 1992 shall be amended as follows. In section 2(1) (offences to which the Act applies), after paragraph (e) there shall be inserted the following paragraphs—. In section 6 (interpretation)—
Section 78(6) of the Criminal Justice Act 1993 (application of Act to pre-commencement offences) shall have effect, and be deemed always to have had effect, with the substitution, for the words from “or the powers” to the end, of the words “and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.”.
Section 168(2).
In section 2 of the Habeas Corpus Act 1679 (bail for persons released from custody under habeas corpus while awaiting trial), after the words “brought as aforesaid shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 1 of the Criminal Evidence Act 1898 (competency of accused to give evidence in criminal proceedings), proviso (b) shall be omitted.
In section 1 of the Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)—
after the words “Provided as follows:—” there shall be inserted the following proviso—;
proviso (b) shall be omitted.
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In section 37(1) of the Criminal Justice Act 1948 (power of High Court to grant bail on case stated or application for certiorari)—
in paragraph (b), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”; and
in paragraph (d), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 3(1) of the Prison Act 1952 (officers and servants at prisons), for the word “servants” there shall be substituted the words “ employ such other persons ”.
In section 37(4) of the Prison Act 1952 (prisons not deemed closed where used as remand centres etc.), at the end, there shall be inserted the words “ or secure training centre ”.
Section 49 of the Prison Act 1952 (persons unlawfully at large) shall be amended as follows. In subsection (1), after the words “young offenders institution” there shall be inserted the words “ or a secure training centre ”. In subsection (2), for the words between “detained in a” and “is unlawfully” there shall be substituted the words “ young offenders institution or in a secure training centre ”. In subsection (2), in proviso (a), for the words after “prison” there shall be substituted the words “ remand centre, young offenders institution or secure training centre ”.
In section 4(2) of the Administration of Justice Act 1960 (power of High Court to grant bail to persons appealing to the House of Lords), after the words “Divisional Court shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 23(4) of the Criminal Justice Act 1961 (which applies provisions relating to prison rules to other institutions), before the words “and remand centres” there shall be inserted the words “ secure training centres ”.
Part III of the Criminal Justice Act 1961 (transfer, supervision and recall within British Islands) shall have effect with the following amendments. In section 29— In section 30— In section 32, in subsection (2), after paragraph (k), there shall be inserted the following paragraph—. In section 38(3), for paragraph (a), there shall be substituted the following paragraph—.
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Section 67 of the Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended by the insertion in subsection (5), after paragraph (b), of the following paragraph—.
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In section 41 of the Police (Scotland) Act 1967 (assaults on constables etc.), after subsection (2), there shall be inserted the following subsection—.
In section 8(2)(a) of the Criminal Appeal Act 1968 (powers of Court of Appeal on retrial), after the words “custody or” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 11(5) of the Criminal Appeal Act 1968 (powers of Court of Appeal on quashing interim hospital order), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 16(3)(b) of the Criminal Appeal Act 1968 (powers of Court of Appeal on allowing an appeal against a finding that a person is under a disability), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 19(1) of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail), after the word “may”, there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 36 of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail on appeal by defendant), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994 ”.
The Firearms Act 1968 shall be amended as follows. In section 21 (possession of firearms by persons previously convicted of crime)— In section 52(1) (forfeiture and disposal of firearms), in paragraph (a), after the word “Scotland” there shall be inserted the words “ or is subject to a secure training order ”.
In section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—.
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In section 20(5) of the Juries Act 1974 (offences in connection with jury service), at the end of paragraph (d) there shall be inserted; or .
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In section 5(6) of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “or”—.
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In section 4 of the Bail Act 1976 (entitlement to bail), after subsection (7), there shall be inserted the following subsection—.
In section 4(2) of the Bail Act 1976 (occasions for implementation of right to bail), in paragraph (b), after the words “for bail” there shall be inserted the words “ or for a variation of the conditions of bail ”.
In Part III of Schedule 1 to the Bail Act 1976, in paragraph 2, at the end, there shall be inserted the words “ ; and so as respects the reference to an offence committed by a person on bail in relation to any period before the coming into force of paragraph 2A of Part 1 of this Schedule. ”.
The Sexual Offences (Amendment) Act 1976 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases) shall be amended as follows. In subsection (1)— In subsection (5A), after the word “woman” there shall be inserted the words “ or man ”. In subsection (5B), for the words “woman’s peace or comfort” there shall be substituted the words “ peace or comfort of the woman or man ”. In subsection (6), in the definition of “complainant”, after the word “woman” there shall be inserted the words “ or man ”.
The Protection of Children Act 1978 shall be amended as follows. In section 2(3), after the words “proceedings under this Act” there shall be inserted the words “ relating to indecent photographs of children ”. In section 4— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Protection of Children (Northern Ireland) Order 1978 shall be amended as follows. In Article 4(1)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Article 7(1), after the word “Order” there shall be inserted the words “ relating to indecent photographs of children ”.
In section 11(3) of the Magistrates’ Courts Act 1980 (certain sentences and orders not to be made in absence of accused), after the word “make” there shall be inserted the words “ a secure training order or ”.
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In section 29(4)(b) of the Magistrates’ Courts Act 1980 (person under 18 remitted to youth court for trial), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
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In section 43(1) of the Magistrates’ Courts Act 1980 (bail under the Police and Criminal Evidence Act 1984), after the words “bail under” there shall be inserted the words “ Part IV of ”.
In section 113(1) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to grant bail on appeal to Crown Court or by way of case stated), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (which makes ineligible for jury service persons connected with the administration of justice), in Group B, after paragraph (o) there shall be inserted the following paragraph—.
In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable)—
in subsection (1), after the words “remand centre” there shall be inserted the words “ secure training centre ”;
in subsection (2), after the words “remand centre” there shall be inserted the words “ secure training centre ”; and
after the subsection (3) inserted by section 94 of this Act, there shall be inserted the following subsection—.
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at the beginning of subsection (3A) there shall be inserted “Subject to subsection (3B) below,”; and
after subsection (3A) there shall be inserted the following subsection—.
In section 81(1) of the Senior Courts Act 1981 (power of Crown Court to grant bail), after the word “may”, there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
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In section 32 of the Criminal Justice Act 1982 (early release by order of classes of prisoners and other persons), after subsection (7), there shall be inserted the following subsection—.
In section 51(4) of the Mental Health Act 1983 (power of court to remit or release on bail detained person), after the words “above or” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
The Video Recordings Act 1984 shall be amended as follows. In section 13, after subsection (2), there shall be inserted the following subsection—. For section 15 there shall be substituted the following section—.
In section 17 of the Police and Criminal Evidence Act 1984 (police powers of entry to effect arrest etc.)—
in subsection (1)(c), after sub-paragraph (iii), there shall be inserted the following sub-paragraph—;
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In section 38(1) of the Police and Criminal Evidence Act 1984 (duty of custody officer to release on bail or without bail after charge), after the word “shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.
In section 54(1)(b) of the Police and Criminal Evidence Act 1984 (searches of persons detained at police stations), for the words “under section 47(5) above” there shall be substituted the words “ , as a person falling within section 34(7), under section 37 above ”.
In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)—
after subsection (7) there shall be inserted the following subsection—; and
in subsection (8), after the word “them” there shall be inserted the words “ and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection ”.
In section 62 of the Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples)—
after subsection (7) there shall be inserted the following subsection—; and
in subsection (8), after the words “subsection (7)” there shall be inserted the words “ or (7A) ”.
In section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples)—
after the subsection (8A) inserted by section 55 of this Act, there shall be inserted the following subsection—; and
in subsection (9), after the words “(8A)” there shall be inserted the words “ or (8B) ”.
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In section 15(1) of the Public Order Act 1986 (delegation of functions), for “14” there shall be substituted “ 14A ”.
The Criminal Evidence (Northern Ireland) Order 1988 shall be amended as follows. In Article 3(1)(a), after the word “questioned” there shall be inserted the words “ under caution ”. In Article 4— In Article 5(1)(b), for the words “the constable” there shall be substituted the words “ that or another constable investigating the case ”. In Article 5(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—. In Article 5, after paragraph 3, there shall be inserted the following paragraph—. In Article 6(1)(b), for the words “the constable” there shall be substituted the words “ that or another constable investigating the case ”. In Article 6(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—. In Article 6, after paragraph 2, there shall be inserted the following paragraph—. In Article 6(3), for the words “do so” there shall be substituted the words “ comply with the request ”.
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In section 87(4) of the Criminal Justice Act 1991 (certain functions as governor to be functions of director of contracted out prisons), after “13(1)” insert “ 16A ”.
For Schedule 5 to the Criminal Justice Act 1991 (supplementary provisions about the Parole Board) there shall be substituted the following Schedule—.
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in subsection (1), after paragraph (d), there shall be inserted the following paragraph—; and
paragraph (c), (d) or (dd)
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in subsection (1), for the words “and (5)” there shall be substituted the words “(5) and (5A)”; and
after subsection (5) there shall be inserted the following subsection—.
Section 168(3). Chapter Short title Extent of repeal 1848 c. 42. Indictable Offences Act 1848. Sections 12, 14 and 15. 1898 c. 36. Criminal Evidence Act 1898. In section 1, proviso (b). 1923 c. 9 (N.I.). Criminal Evidence Act (Northern Ireland) 1923. In section 1, proviso (b). 1925 c. 86. Criminal Justice Act 1925. . . .. . . .. 1952 c. 52. Prison Act 1952. In section 43(1)(a), the words “trial or”. In section 43(1), the word “and” at the end of paragraph (b). In section 43(2)(b) and (c), the words “trial or”. 1956 c. 69. Sexual Offences Act 1956. In section 2(1), the word “unlawful”. Section 2(2). In section 3(1), the word “unlawful”. Section 3(2). Section 4(2). Section 22(2). Section 23(2). 1963 c. 37. Children and Young Persons Act 1963. In section 57(2), the words “Section 49 of the principal Act and” and “an appeal by case stated or”. In section 57(4), the words “49 and the said sections” 1965 c. 45. Backing of Warrants (Republic of Ireland) Act 1965. In section 2(2)(a), the words from “, or an offence under an enactment” to “control”. 1965 c. 69. Criminal Procedure (Attendance of Witnesses) Act 1965. . . .. 1967 c. 60. Sexual Offences Act 1967. In section 1(1), the words “but subject to the provisions of the next following section”. Section 1(5). Section 2. Section 3. 1967 c. 77. Police (Scotland) Act 1967. Section 18. 1967 c. 80. Criminal Justice Act 1967. . . .. . . .. In section 67(5), the word “and” at the end of paragraph (a). 1968 c. 19. Criminal Appeal Act 1968. . . . 1968 c. 52. Caravan Sites Act 1968. Sections 6 to 12. In section 16, the definition of “gipsies”. 1963 c. 54. Children and Young Persons Act 1969 Section 10(1) and (2). In section 57(4), the words “49 and the said sections”. 1969 c. 63. Police Act 1969. Sections 1, 3, 6 and 7. 1970 c. 9 (N.I.). Police Act (Northern Ireland) 1970. Sections 19 and 20. 1972 c. 71. Criminal Justice Act 1972. . . . . . . . . . . . . . . . . . . . . .. . . .. 1973 c. 62. Powers of Criminal Courts Act 1973. . . .. 1974 c. 23. Juries Act 1974. In section 10, the words “physical disability or”. 1974 c. 53. Rehabilitation of Offenders Act 1974. In section 5(4), the words “or placed on probation,” and “or probation order”. 1976 c. 63. Bail Act 1976. Section 1(4). In section 3(6), the words “(but only by a court)”. 1976 c. 82. Sexual Offences (Amendment) Act 1976. Section 1(1). In section 7(2), the words from “references” to “only);”. 1977 c. 45. Criminal Law Act 1977. Section 6(3). Section 38. 1978 c. 30. Interpretation Act 1978. . . .. 1978 c. 37. Protection of Children Act 1978. In section 1(1)(a), the words following “child”. In section 4(2), the words from “within” to “warrant”. 1980 c. 43. Magistrates’ Courts Act 1980. In section 22(1), the words “subject to subsection (7) below”. In section 24(1)(a) the words “he has attained the age of 14 and”. In section 38(2)(b), the words from “committed” to “21 years old”. . . . . . . . . . . . . . . . . . . . .. . . .. . . .. 1980 c. 62. Criminal Justice (Scotland) Act 1980. In section 80, subsection (5); in subsection (7), paragraph (d) and the word “; or” immediately preceding that paragraph; and subsection (8). 1981 c. 47. Criminal Attempts Act 1981. . . .. 1982 c. 48. Criminal Justice Act 1982. . . .. Section 12(6), (7) and, in subsection (11), paragraph (b) and the word “and”. Section 67(5). In Schedule 14, paragraph 8. S.I. 1982/1536 (N.I. 19). Homosexual Offences (Northern Ireland) Order 1982. In Article 3, in paragraph (1), the words “and Article 5 (merchant seamen)” and paragraph (4). Article 5. 1984 c. 39. Video Recordings Act 1984. In section 1, in subsection (2)(a), the word “or” and in subsection (3), the word “or” where it occurs first. In section 17(1), the words from “within” to “warrant”. 1984 c. 60. Police and Criminal Evidence Act 1984. Section 37(1)(b), together with the word “or” preceding it. Section 47(5). In section 62(10), the words following “proper”. In section 118(1), the definition of “intimate search”. 1985 c. 23. Prosecution of Offences Act 1985. In Schedule 1, paragraph 1. 1986 c. 64. Public Order Act 1986. Section 39. In section 42(2), “39”. 1987 c. 38. Criminal Justice Act 1987. . . .. 1988 c. 33. Criminal Justice Act 1988. In section 25(1)(a)(ii), the word “or”. Section 32A(10). In section 34(2), the words from “in relation to” to the end. Section 126. In section 160, in subsection (1), the words from “(meaning” to “16)” and subsection (5). 1988 c. 34. Legal Aid Act 1988. . . . . . . . . . S.I. 1988/1987 (N.I.20). Criminal Evidence (Northern Ireland) Order 1988. In Article 4, in paragraph (1)(b) the words “be called upon to” and paragraphs (9) and (10). 1989 c. 45. Prisons (Scotland) Act 1989. Section 33. 1989 c. 41. Children Act 1989. In Schedule 5, paragraph 7(2)(f). In Schedule 6, paragraph 10(2)(j). 1990 c. 42. Broadcasting Act 1990. In Schedule 20, in paragraph 3(2), the words “and 49”. 1991 c. 13. War Crimes Act 1991. . . . 1991 c. 24. Northern Ireland (Emergency Provisions) Act 1991. In Schedule 7, paragraph 5(3)(c). 1991 c. 53. Criminal Justice Act 1991. In section 3(2), the words from the beginning to “indictment,”. In section 3(4), the words from “which is” to “applies”. Section 50(4). Section 52(2). Section 57(4)(b), together with the word “and” preceding it. Section 64. S.I. 1992/1829. Parole Board (Transfer of Functions) Order 1992. In Article 3, the words from “and 39” to “licence)” and the words “and (4)”. 1993 c. 24. Video Recordings Act 1993. Section 3. 1993 c. 36. Criminal Justice Act 1993. Section 67(2). Note:The repeals that are to come into force on the passing of this Act are the following, namely, the repeals in the Sexual Offences Act 1967, the Caravan Sites Act 1968, the Sexual Offences (Amendment) Act 1976, the Public Order Act 1986, the Criminal Justice (Scotland) Act 1980 and the Homosexual Offences (Northern Ireland) Order 1982.
“hospital” has the same meaning as in the Mental Health (Scotland) Act 1984;
as respects anything in the possession of a person searched in Scotland, by section 412 of the Proceeds of Crime Act 2002;
“warrant” means a warrant for committal, a warrant for arrest, a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or any other warrant, order or direction under the Act of 1995 or the Mental Health (Care and Treatment) (Scotland) Act 2003 requiring a person to be taken to a particular place.
For the purposes of the definition of the relevant period in subsection (9) above—
proceedings for an offence are instituted at the earliest of the following times—
when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence;
when a person is charged with the offence after being taken into custody without a warrant;
when a bill of indictment is preferred by virtue of section 2(2)(b) or (ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933;
proceedings at a trial of an offence are concluded with the occurrence of any of the following, the discontinuance of the prosecution, the discharge of the jury without a finding otherwise than in circumstances where the proceedings are continued without a jury, the acquittal of the accused or the sentencing of or other dealing with the accused for the offence of which he was convicted; and
proceedings on an appeal are concluded on the determination of the appeal or the abandonment of the appeal.
This section is in addition to, and not in derogation of, any offence subsisting at common law.
Section 9 of the Senior Courts Act 1981 (which provides for certain judges to act on request in courts other than that to which they were appointed) shall have effect with the amendments specified in subsections (2) to (5) below.
In subsection (1)—
after the words “Table may”, there shall be inserted the words “ , subject to the proviso at the end of that Table, ”;
in the Table, in column 2, in the entry specifying the court relating to entry 5 in column 1 (Circuit judges), after the words “High Court” there shall be inserted the words “ and the Court of Appeal ”; and
at the end of the Table there shall be inserted the following— “ The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal. ”.
In subsection (2)—
in the definition of “the appropriate authority” after the words “High Court” there shall be inserted the words “ or a Circuit judge ”; and
at the end, there shall be inserted the following— “ but no request shall be made to a Circuit judge to act as a judge of a court in the criminal division of the Court of Appeal unless he is approved for the time being by the Lord Chancellor for the purpose of acting as a judge of that division. ”.
In subsection (5), for the words “subsection (6)” there shall be substituted the words “ subsections (6) and (6A) ”.
After subsection (6) there shall be inserted the following subsection—.
The further amendments specified in subsections (7) to (9) below (which supplement the foregoing amendments) shall have effect.
In section 55 of the Senior Courts Act 1981 (composition of criminal division of Court of Appeal)—
in subsections (2) and (4), at the beginning, there shall be inserted the words “ Subject to subsection (6), ”; and
after subsection (5), there shall be inserted the following subsection—.
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After the section 56A of the Senior Courts Act 1981 inserted by subsection (8) above there shall be inserted the following section—.
After section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 (certain expenses to be defrayed up to amount allowed by the Master (Taxing Office)) there shall be inserted the following subsections—.
Subsection (1) above does not have effect in relation to expenses allowed by the Master (Taxing Office) under section 28(2)(a) of the Criminal Appeal (Northern Ireland) Act 1980 before the date on which that subsection comes into force.
Section 62 of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall be amended as follows.
After subsection (1) there shall be inserted the following subsection—.
In subsection (2)—
after the word “authorisation” there shall be inserted the words “ under subsection (1) or (1A) above ”; and
in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.
In subsection (3), after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.
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for the words “or saliva” there shall be substituted the words “or a dental impression”; and
at the end there shall be inserted the words “and a dental impression may only be taken by a registered dentist”.
Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.
After subsection (3), there shall be inserted the following subsections—.
In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.
After subsection (8), there shall be inserted the following subsection—.
In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.
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The following section shall be inserted after section 63 of the Police and Criminal Evidence Act 1984—.
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Section 64 of the Police and Criminal Evidence Act 1984 (which prescribes the situations in which fingerprints and samples must be destroyed) shall be amended as follows.
In subsections (1), (2) and (3), after the words “they must” there shall be inserted the words “, except as provided in subsection (3A) below,”.
After subsection (3), there shall be inserted the following subsections—.
Section 65 of the Police and Criminal Evidence Act 1984 (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows.
“intimate sample” means—
“non-intimate sample” means—
“registered dentist” has the same meaning as in the Dentists Act 1984; “speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above; “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.
“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;
In section 32 of that Act (powers of search upon arrest), in subsection (4), at the end, there shall be inserted “ but they do authorise a search of a person’s mouth ”.
If a police officer of or above the rank of inspector reasonably believes— he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 24 hours.
that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence,
that persons are carrying dangerous instruments or offensive weapons in any locality in his police area without good reason,
that—
an incident involving serious violence has taken place in England and Wales in his police area;
a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and
it is expedient to give an authorisation under this section to find the instrument or weapon; or
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If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours.
This section confers on any constable in uniform power—
to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;
to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments.
If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.
A constable may, in the exercise of the powers conferred by subsection (4) above, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind.
If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.
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This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.
A person who fails when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.
to stop, or to stop a vehicle; . . .
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Subject to subsection (9ZA), any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.
Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped . . ..
In this section—
The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.
An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.
The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if the references to a locality in his police area were references to a place in England and Wales specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003.
So far as they relate to an authorisation by a member of the Ministry of Defence Police—
subsections (1) and (9) have effect as if the references to a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987, and
subsection (1)(aa)(i) has effect as if the reference to a police area were a reference to the places in England and Wales specified in section 2(2) of the Ministry of Defence Police Act 1987.
A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which he was searched.
For the purposes of this section, a person carries a dangerous instrument or an offensive weapon if he has it in his possession.
Where— those powers shall be exercisable at any place in that locality at any time in that period.
an authorisation under section 60 is for the time being in force in relation to any locality for any period, or
an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period,
This subsection confers power on any constable in uniform—
to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;
to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.
If a police officer of or above the rank of inspector reasonably believes— he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.
that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and
that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection,
If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— he may direct that the authorisation shall continue in force for a further twenty-four hours.
have been committed in connection with the activities in respect of which the authorisation was given, or
are reasonably suspected to have been so committed,
If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.
Any authorisation under this section—
shall be in writing and signed by the officer giving it; and
shall specify— and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.
the grounds on which it is given;
the locality in which the powers conferred by this section are exercisable;
the period during which those powers are exercisable;
Subject to subsection (6A), an authorisation under subsection (3)—
shall be in writing and signed by the officer giving it; and
shall specify—
the grounds on which it is given;
the locality in which the powers conferred by this section are exercisable; and
the period during which those powers are exercisable.
An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation—
must state the matters which would otherwise have to be specified under subsection (6); and
must be recorded in writing as soon as it is practicable to do so.
A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.
A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.
So far as subsections (1), (3) and (6) relate to an authorisation by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.
In this section “British Transport Police Force” ... has the same meaning as in section 60.
The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.
This section does not extend to Scotland.
Any things seized by a constable under section 60 or 60AA may be retained in accordance with regulations made by the Secretary of State under this section.
The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.
Regulations under this section may make different provisions for different classes of things or for different circumstances.
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.
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If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and— he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.
that any of those persons— has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or
in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10));
in the case of persons trespassing on land in Scotland,
in either case, that those persons have between them six or more vehicles on the land,
Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection.
A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.
If a person knowing that a direction under subsection (1) above has been given which applies to him— he commits an offence and is 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.
fails to leave the land as soon as reasonably practicable, or
having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,
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In proceedings for an offence under this section it is a defence for the accused to show—
that he was not trespassing on the land, or
that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser.
Where, as respects Scotland, the reason why these persons have become trespassers is that they have ceased to be entitled to exercise access rights by virtue of— the circumstances constituting that reason shall be treated, for the purposes of subsection (4) above, as having also occurred after these persons became trespassers.
their having formed the common purpose mentioned in subsection (1) above; or
one or more of the conditions specified in paragraphs (a) and (b) of that subsection having been satisfied,
In its application in England and Wales to common land this section has effect as if in the preceding subsections of it—
references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners’ rights; and
references to “the occupier” included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner.
In subsection (4A) above “ access rights ” has the meaning given by the Land Reform (Scotland) Act 2003 (asp 2).
Subsection (7) above does not—
require action by more than one occupier; or
constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.
In this section— and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere.
buildings other than—
agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988 or, in Scotland, section 7(2) of the Valuation and Rating (Scotland) Act 1956, or
scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023;
land in Scotland forming part of—
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a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967;
in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; and
in Scotland, the person lawfully entitled to natural possession of the land;
in England and Wales, property within the meaning of section 10(1) of the Criminal Damage Act 1971; and
in Scotland, either— and “damage” includes the deposit of any substance capable of polluting the land;
heritable property other than land; or
corporeal moveable property,
any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and
a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960;
For the purposes of subsection (1)(a)(i)—
If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse— the constable may seize and remove that vehicle.
failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or
entered the land as a trespasser with a vehicle within the period of three months beginning with the day on which the direction was given,
In this section, “trespasser” and “vehicle” have the same meaning as in section 61.
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If the senior police officer present at a scene reasonably believes that the conditions in subsection (2) are satisfied in relation to a person and land, he may direct the person—
to leave the land;
to remove any vehicle and other property he has with him on the land.
The conditions are—
that the person and one or more others (“the trespassers”) are trespassing on the land;
that the trespassers have between them at least one vehicle on the land;
that the trespassers are present on the land with the common purpose of residing there for any period;
if it appears to the officer that the person has one or more caravans in his possession or under his control on the land, that there is a suitable pitch on a relevant caravan site for that caravan or each of those caravans;
that the occupier of the land or a person acting on his behalf has asked the police to remove the trespassers from the land.
A direction under subsection (1) may be communicated to the person to whom it applies by any constable at the scene.
Subsection (5) applies if—
a police officer proposes to give a direction under subsection (1) in relation to a person and land, and
it appears to him that the person has one or more caravans in his possession or under his control on the land.
The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority’s area.
In this section—
The Secretary of State may by order amend the definition of “relevant site manager” in subsection (6) by adding a person or description of person.
An order under subsection (7) must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.
A person commits an offence if he knows that a direction under section 62A(1) has been given which applies to him and—
he fails to leave the relevant land as soon as reasonably practicable,or
he enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period with the intention of residing there.
The relevant period is the period of three months starting with the day on which the direction is given.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
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In proceedings for an offence under this section it is a defence for the accused to show—
that he was not trespassing on the land in respect of which he is alleged to have committed the offence, or
that he had a reasonable excuse—
for failing to leave the relevant land as soon as reasonably practicable, or
for entering land in the area of the relevant local authority as a trespasser with the intention of residing there, or
that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian.
This section applies if a direction has been given under section 62A(1) and a constable reasonably suspects that a person to whom the direction applies has, without reasonable excuse—
failed to remove any vehicle on the relevant land which appears to the constable to belong to him or to be in his possession or under his control; or
entered any land in the area of the relevant local authority as a trespasser with a vehicle before the end of the relevant period with the intention of residing there.
The relevant period is the period of three months starting with the day on which the direction is given.
The constable may seize and remove the vehicle.
In their application to common land sections 62A to 62C have effect with these modifications.
References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute—
a trespass as against the occupier, or
an infringement of the commoners' rights.
References to the occupier—
in the case of land to which the public has access, include the local authority and any commoner;
in any other case, include the commoners or any of them.
Subsection (1) does not—
require action by more than one occupier, or
constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.
In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.
Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section.
“Land” does not include buildings other than—
agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or
scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023.
“Local authority” means—
in Greater London, a London borough or the Common Council of the City of London;
in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;
in Wales, a county council or a county borough council.
“Occupier”, “trespass”, “trespassing” and “trespasser” have the meanings given by section 61 in relation to England and Wales.
“The relevant land” means the land in respect of which a direction under section 62A(1) is given.
“The relevant local authority” means—
if the relevant land is situated in the area of more than one local authority (but is not in the Isles of Scilly), the district council or county borough council within whose area the relevant land is situated;
if the relevant land is situated in the Isles of Scilly, the Council of the Isles of Scilly;
in any other case, the local authority within whose area the relevant land is situated.
“Vehicle” has the meaning given by section 61.
A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere.
The Secretary of State must issue guidance relating to the exercise of— under the provisions mentioned in subsection (2).
the functions of police officers in England and Wales, and
the functions of constables in England and Wales,
Those provisions are—
sections 60C to 62E, and
regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3).
Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them.
The Secretary of State may from time to time revise the guidance.
The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate.
The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).
Subsection (2) applies where—
a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land,
P has, or intends to have, at least one vehicle with them on the land,
one or more of the conditions mentioned in subsection (4) is satisfied, and
the occupier, a representative of the occupier or a constable requests P to do either or both of the following—
leave the land;
remove from the land property that is in P’s possession or under P’s control.
P commits an offence if—
P fails to comply with the request as soon as reasonably practicable, or
P—
enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and
has, or intends to have, at least one vehicle with them on the land.
The prohibited period is the period of three months beginning with the day on which the request was made.
The conditions are—
in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence;
in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land;
that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land;
that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land.
A person guilty of an offence under this section is 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.
In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for—
failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or
after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land.
In its application to common land, this section has effect—
in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land;
in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and— as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”.
the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or
if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it,
In this section--
For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere.
If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable—
to belong to the person who the constable suspects has committed the offence (“P”);
to be in P’s possession; or
to be under P’s control.
“Relevant property” means—
a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or
any other property that is on the relevant land.
The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made.
The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”).
But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized. (And see subsection (10)).
Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P.
Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)).
Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner.
If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)—
the chief officer must apply to a magistrates’ court for directions, and
the court must make an order about the treatment of the property.
If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section— the chief officer must return the property to the person.
belongs to the person at that time, and
belonged to them at the time of the suspected offence under section 60C,
Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C.
For the purposes of subsection (6), proceedings are commenced when—
a written charge is issued under section 29(1) of the Criminal Justice Act 2003,
a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or
an information is laid under section 1 of the Magistrates’ Courts Act 1980.
For the purposes of this section—
the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and
“vehicle” has the same meaning as in section 60C.
A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order.
This subsection applies to any property that—
was seized under section 60D(1), and
is retained by a chief officer of police under that section.
Before making an order for the forfeiture of property the court must—
permit anyone who claims to be its owner or to have an interest in it to make representations, and
consider its value and the likely consequences of forfeiture.
This section applies to a gathering on land in the open air of 20 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose—
such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and
“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.
If, as respects any land . . . , a police officer of at least the rank of superintendent reasonably believes that— he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.
two or more persons are making preparations for the holding there of a gathering to which this section applies,
ten or more persons are waiting for such a gathering to begin there, or
ten or more persons are attending such a gathering which is in progress,
This section also applies to a gathering if—
it is a gathering on land of 20 or more persons who are trespassing on the land; and
it would be a gathering of a kind mentioned in subsection (1) above if it took place on land in the open air.
A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.
Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.
A direction under subsection (2) above does not apply to an exempt person.
If a person knowing that a direction has been given which applies to him— he commits an offence and is 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.
fails to leave the land as soon as reasonably practicable, or
having left again enters the land within the period of 7 days beginning with the day on which the direction was given,
In proceedings for an offence under subsection (6) above it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not apply—
in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;
in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.
A person commits an offence if—
he knows that a direction under subsection (2) above has been given which applies to him, and
he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given.
In this section— “occupier”, “trespasser” and “vehicle” have the same meaning as in section 61.
A person guilty of an offence under subsection (7A) above is 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.
Until 1st April 1996, in this section “local authority” means, in Wales, a district council.
If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below.
Those purposes are—
to ascertain whether such circumstances exist; and
to exercise any power conferred on a constable by section 63 or subsection (4) below.
A constable who is so authorised to enter land for any purpose may enter the land without a warrant.
If a direction has been given under section 63 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse— the constable may seize and remove that vehicle or sound equipment.
failed to remove any vehicle or sound equipment on the land which appears to the constable to belong to him or to be in his possession or under his control; or
entered the land as a trespasser with a vehicle or sound equipment within the period of 7 days beginning with the day on which the direction was given,
Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person.
In this section—
Entering land in Scotland with sound equipment in the circumstances mentioned in subsection (4)(b) above is not an exercise of access rights within the meaning of the Land Reform (Scotland) Act 2003 (asp 2).
This section applies to a gathering on land in the open air of 100 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose—
such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and
“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats.
If, as respects any land . . . , a police officer of at least the rank of superintendent reasonably believes that— he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.
two or more persons are making preparations for the holding there of a gathering to which this section applies,
ten or more persons are waiting for such a gathering to begin there, or
ten or more persons are attending such a gathering which is in progress,
A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene.
Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention.
A direction under subsection (2) above does not apply to an exempt person.
If a person knowing that a direction has been given which applies to him— he commits an offence and is 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.
fails to leave the land as soon as reasonably practicable, or
having left again enters the land within the period of 7 days beginning with the day on which the direction was given,
In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land.
A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
This section does not apply—
in England and Wales, to a gathering in relation to a licensable activity within section 1(1)(c) of the Licensing Act 2003 (provision of certain forms of entertainment) carried on under and in accordance with an authorisation within the meaning of section 136 of that Act;
in Scotland, to a gathering in premises which, by virtue of section 41 of the Civic Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment.
In this section— “occupier”, “trespasser” and “vehicle” have the same meaning as in section 61.
Until 1st April 1996, in this section “local authority” means, in Wales, a district council.
If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies in relation to which a direction under section 63(2) is in force, he may, subject to subsections (2) and (3) below—
stop that person, and
direct him not to proceed in the direction of the gathering.
The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering.
No direction may be given under subsection (1) above to an exempt person.
If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
In this section, “exempt person” has the same meaning as in section 63.
Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property.
The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.
In considering whether to make an order under subsection (1) above in respect of any property a court shall have regard—
to the value of the property; and
to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.
Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property.
In a case where forfeiture under subsection (1) above has been by order of a Scottish court, a claimant such as is mentioned in subsection (5) above may, in such manner as may be prescribed by act of adjournal, apply to that court for an order for the return of the property in question.
No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property.
No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies.
An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.
The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded.
The regulations may also provide for the investment of money and for the audit of accounts.
The power to make regulations under subsection (10) above 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—
Any vehicles which have been seized and removed by a constable under section 62(1) , 62C(3) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.
Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.
The Secretary of State may make regulations—
regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and
prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.
Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.
Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.
Any charges under subsection (4) above shall be recoverable as a simple contract debt.
Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.
The power to make regulations under subsection (3) above 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—
A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect—
of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
of obstructing that activity, or
of disrupting that activity.
Activity on any occasion on the part of a person or persons on land is “lawful” for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.
The reference in subsection (1) above to trespassing includes, in Scotland, the exercise of access rights (within the meaning of the Land Reform (Scotland) Act 2003 (asp 2)) up to the point when they cease to be exercisable by virtue of the commission of the offence under that subsection.
A person guilty of an offence under this section is 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.
A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
In this section “land” does not include—
a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984;
a road within the meaning of the Roads (Northern Ireland) Order 1993.
a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or
If the senior police officer present at the scene reasonably believes— he may direct that person or (as the case may be) those persons (or any of them) to leave the land.
that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or
that two or more persons are trespassing on land in the open air and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity,
A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.
If a person knowing that a direction under subsection (1) above has been given which applies to him— he commits an offence and is 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.
fails to leave the land as soon as practicable, or
having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,
In proceedings for an offence under subsection (3) it is a defence for the accused to show—
that he was not trespassing on the land, or
that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser.
A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.
In this section “lawful activity” and “land” have the same meaning as in section 68.
In Part II of the Public Order Act 1986 (processions and assemblies), after section 14, there shall be inserted the following sections—.
After the section 14B inserted by section 70 in the Public Order Act 1986 there shall be inserted the following section—.
Section 6 of the Criminal Law Act 1977 (which penalises violence by a person for securing entry into premises where a person on the premises is opposed and is known to be opposed to entry) shall be amended as follows.
After subsection (1), there shall be inserted the following subsection—.
In subsection (2), at the beginning, there shall be inserted the words “ Subject to subsection (1A) above, ”.
Subsection (3) (which is superseded by the provision made by subsection (2) above) shall be omitted.
In subsection (7), at the end, there shall be inserted the words “ and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises. ”.
For section 7 of the Criminal Law Act 1977 (trespassers failing to leave premises after being requested to do so by specified persons to be guilty of an offence) there shall be substituted the following section—.
After section 12 of the Criminal Law Act 1977 there shall be inserted the following section—.
A person commits an offence if, for the purpose of obtaining an interim possession order, he—
makes a statement which he knows to be false or misleading in a material particular; or
recklessly makes a statement which is false or misleading in a material particular.
A person commits an offence if, for the purpose of resisting the making of an interim possession order, he—
makes a statement which he knows to be false or misleading in a material particular; or
recklessly makes a statement which is false or misleading in a material particular.
A person guilty of an offence under this section 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 section—
This section applies where an interim possession order has been made in respect of any premises and served in accordance with rules of court; and references to “the order” and “the premises” shall be construed accordingly.
Subject to subsection (3), a person who is present on the premises as a trespasser at any time during the currency of the order commits an offence.
No offence under subsection (2) is committed by a person if—
he leaves the premises within 24 hours of the time of service of the order and does not return; or
a copy of the order was not fixed to the premises in accordance with rules of court.
A person who was in occupation of the premises at the time of service of the order but leaves them commits an offence if he re-enters the premises as a trespasser or attempts to do so after the expiry of the order but within the period of one year beginning with the day on which it was served.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
A person who is in occupation of the premises at the time of service of the order shall be treated for the purposes of this section as being present as a trespasser.
A constable in uniform may arrest without a warrant anyone who is, or whom he reasonably suspects to be, guilty of an offence under this section.
In this section—
If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area— the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.
on any land forming part of a highway;
on any other unoccupied land; or
on any occupied land without the consent of the occupier,
Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them.
If a person knowing that a direction under subsection (1) above has been given which applies to him— he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
fails, as soon as practicable, to leave the land or remove from the land any vehicle or other property which is the subject of the direction, or
having removed any such vehicle or property again enters the land with a vehicle within the period of three months beginning with the day on which the direction was given,
A direction under subsection (1) operates to require persons who re-enter the land within the said period with vehicles or other property to leave and remove the vehicles or other property as it operates in relation to the persons and vehicles or other property on the land when the direction was given.
In proceedings for an offence under this section it is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with a vehicle was due to illness, mechanical breakdown or other immediate emergency.
In this section— and a person may be regarded for the purposes of this section as residing on any land notwithstanding that he has a home elsewhere.
“vehicle” includes—
Until 1st April 1996, in this section “local authority” means, in Wales, a county council or a district council.
A magistrates’ court may, on a complaint made by a local authority, if satisfied that persons and vehicles in which they are residing are present on land within that authority’s area in contravention of a direction given under section 77, make an order requiring the removal of any vehicle or other property which is so present on the land and any person residing in it.
An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and, in particular, may authorise the authority, by its officers and servants—
to enter upon the land specified in the order; and
to take, in relation to any vehicle or property to be removed in pursuance of the order, such steps for securing entry and rendering it suitable for removal as may be so specified.
The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.
A person who wilfully obstructs any person in the exercise of any power conferred on him by an order under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—
to the occupant of a particular vehicle on the land in question; or
to all occupants of vehicles on the land in question, without naming him or them.
Section 55(2) of the Magistrates’ Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.
Section 77(6) of this Act applies also for the interpretation of this section.
The following provisions apply in relation to the service of notice of a direction under section 77 and of a summons under section 78, referred to in those provisions as a “ relevant document ”.
Where it is impracticable to serve a relevant document on a person named in it, the document shall be treated as duly served on him if a copy of it is fixed in a prominent place to the vehicle concerned; and where a relevant document is directed to the unnamed occupants of vehicles, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every vehicle on the land in question at the time when service is thus effected.
A local authority shall take such steps as may be reasonably practicable to secure that a copy of any relevant document is displayed on the land in question (otherwise than by being fixed to a vehicle) in a manner designed to ensure that it is likely to be seen by any person camping on the land.
Notice of any relevant document shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of such land shall be entitled to appear and to be heard in the proceedings.
Section 77(6) applies also for the interpretation of this section.
Part II of the Caravan Sites Act 1968 (duty of local authorities to provide sites for gipsies and control of unauthorised encampments) together with the definition in section 16 of that Act of “gipsies” is hereby repealed.
In section 24 of the Caravan Sites and Control of Development Act 1960 (power to provide sites for caravans)—
in subsection (2), after paragraph (b) there shall be inserted the following—, or ; and
in subsection (8), at the end, there shall be inserted the words “ and “gipsies” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showmen, or persons engaged in travelling circuses, travelling together as such. ”.
The repeal by subsection (1) above of section 8 of the said Act of 1968 shall not affect the validity of directions given under subsection (3)(a) of that section; and in the case of directions under subsection (3)(c), the council may elect either to withdraw the application or request the Secretary of State to determine the application and if they so request the application shall be treated as referred to him under section 77 of the Town and Country Planning Act 1990.
The repeal by subsection (1) above of the definition of “gipsies” in section 16 of the said Act of 1968 shall not affect the interpretation of that word ...... in any document embodying the terms of any planning permission granted under the Town and Country Planning Act 1990 before the commencement of this section.
Section 70 of the Local Government, Planning and Land Act 1980 (power to pay grant to local authorities in respect of capital expenditure in providing gipsy caravan sites) is hereby repealed so far as it extends to England and Wales except for the purposes of applications for grant received by the Secretary of State before the commencement of this section.
In Part IV of the Prevention of Terrorism (Temporary Provisions) Act 1989 (powers of arrest, detention and control of entry) there shall be inserted, before section 14, the following section—.
In consequence of the insertion in Part IV of the Prevention of Terrorism (Temporary Provisions) Act 1989 of section 13A, for the title to that Part, there shall be substituted the following title—.
For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the provisions inserted in that Act by this section shall be treated, as from the time when this section comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended by the insertion, as Part IVA of that Act, of the following provisions—.
For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the provisions constituting Part IVA of that Act inserted by this section shall be treated, as from the time when those provisions come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
This section shall come into force at the end of the period of two months beginning with the date on which this Act is passed.
In Schedule 7 to the Prevention of Terrorism (Temporary Provisions) Act 1989, in Part I (England, Wales and Northern Ireland)—
in paragraph 3 (orders for production of excluded or special procedure material)—
in sub-paragraph (2) for the words from “he may make” to “shall” there shall be substituted the words “he may order a person who appears to him to have in his possession, custody or power any of the material to which the application relates, to— ” and after the word “possession” where it subsequently appears in that sub-paragraph there shall be inserted in both places the words “, custody or power”; and
in sub-paragraph (5)(b)(ii), for the words from “in possession” to the end there shall be substituted the words “has the material in his possession, custody or power”;
in paragraph 4(6) (order for production made to government department)—
after the word “possession” where it first appears there shall be inserted the words “, custody or power”; and
for the words “be in possession of” there shall be substituted the words “have in his possession, custody or power”; and
in paragraph 8(1) (orders of Secretary of State authorising searches for certain investigations), at the end, there shall be inserted the words “or an offence under section 27 of the Northern Ireland (Emergency Provisions) Act 1991”.
In Schedule 7 to the Prevention of Terrorism (Temporary Provisions) Act 1989, in Part II (Scotland)—
in paragraph 12 (order for production of material)—
in sub-paragraph (2) for the words from “he may make” to “shall” there shall be substituted the words “he may order a person who appears to him to have in his possession, custody or power any of the material to which the application relates, to— ” and after the word “possession” where it subsequently appears in that sub-paragraph there shall be inserted in both places the words “, custody or power”;
in sub-paragraph (5)(b)(ii), for the words from “in possession” to the end there shall be substituted the words “has the material in his possession, custody or power”; and
in paragraph 13(5) (order for production made to government department)—
after the word “possession” where it first appears there shall be inserted the words “, custody or power”; and
for the words “be in possession of” there shall be substituted the words “have in his possession, custody or power”.
An authorised investigator may by notice in writing require any such person to furnish specified information relevant to the investigation within a specified time or such further time as the investigator may allow and in a specified manner or in such other manner as the investigator may allow.
For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions) the amendments made in that Act by subsections (1) and (2) above shall be treated, as from the time when those subsections come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
For the purposes of section 69 of the Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions) the amendments made in that Act by subsection (3) above shall be treated, as from the time when that subsection comes into force, as having been continued in force by the order under subsection (3) of that section which has effect at that time.
The Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.
In section 1 (which penalises the taking and distribution of indecent photographs of children and related acts)—
in paragraph (a) of subsection (1)—
after the word “taken” there shall be inserted the words “ or to make ”, and the words following “child” shall be omitted;
after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;
in paragraphs (b), (c) and (d) of subsection (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;
in subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and
in paragraphs (a) and (b) of subsection (4), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.
In section 7 (interpretation)—
in subsection (3), at the end, there shall be inserted the words “ and so as respects pseudo-photographs ”; and
for subsection (4) there shall be substituted the following subsection—.
after subsection (5) there shall be inserted the following subsections—.
Section 160 of the Criminal Justice Act 1988 (which penalises the possession of indecent photographs of children) shall be amended as follows—
in subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted; and
in paragraphs (a), (b) and (c) of subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and
in subsection (5), the reference to the coming into force of that section shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.
The Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.
In section 52 (which, for Scotland, penalises the taking and distribution of indecent photographs of children and related acts)—
in paragraph (a) of subsection (1)—
after the word “taken” there shall be inserted the words “ or makes ”; and
for the words from “of a” to the end there shall be substituted the words “ or pseudo-photograph of a child ”;
in paragraphs (b), (c) and (d) of subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and
in subsection (2), at the beginning there shall be inserted “ In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; and ”;
after subsection (2), there shall be added—.
in subsection (3)—
in paragraph (a), for the words “3 months” there shall be substituted the words “ 6 months ”; and
in paragraph (b), for the words “two years” there shall be substituted the words “ 3 years ”;
in subsection (4), and in paragraphs (a) and (b) of subsection (5), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and
for subsection (8)(c) there shall be substituted—.
In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)—
in subsection (1), for the words from “of a” to “16)” there shall be substituted the words “ or pseudo-photograph of a child ”;
in subsection (2), in each of paragraphs (a) to (c), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;
in subsection (3)—
after the word “to” there shall be inserted the words “ imprisonment for a period not exceeding 6 months or to ”; and
at the end there shall be added the words “or to both.”;
in subsection (4), after the word “(2)” there shall be inserted the words “ to (2C) ”.
The Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.
In Article 2 (interpretation)—
in paragraph (2)—
in the definition of “child”, after “child” there shall be inserted the words “ subject to paragraph (3)(c) ”;
“indecent pseudo-photograph” includes— “photograph” includes— “pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;
in paragraph (3)—
in sub-paragraph (a), after the word “photograph” there shall be inserted the words “or pseudo-photograph”;
in sub-paragraph (b), at the end, there shall be inserted the words “and so as respects pseudo-photographs; and”;
after sub-paragraph (b) there shall be inserted the following sub-paragraph—.
In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—
in sub-paragraph (a) of paragraph (1)—
after the word “taken” there shall be inserted the words “ or to make ”;
after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;
in sub-paragraphs (b), (c) and (d) of paragraph (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;
in sub-paragraphs (a) and (b) of paragraph (3), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.
Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—
in paragraph (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted;
in sub-paragraphs (a), (b) and (c) of paragraph (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and
in paragraph (6), the reference to the coming into operation of that Article shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.
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In section 160(3) of the Criminal Justice Act 1988 (which makes a person convicted of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding six months or ” and at the end the words “ , or both ”.
In Article 15(3) of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which makes a person convicted in Northern Ireland of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding 6 months or ” and at the end the words “ , or both ”.
In section 51(3) of the Civic Government (Scotland) Act 1982 (which makes persons convicted in summary proceedings in Scotland of certain offences relating to obscene material liable, among other penalties, to imprisonment for a period not exceeding 3 months and persons convicted there on indictment of such offences liable, among other penalties, to imprisonment for a period not exceeding 2 years), for the words “3 months” there shall be substituted the words “ 6 months ” and for the words “two years” there shall be substituted the words “ 3 years ”.
The following provisions of the Video Recordings Act 1984 (which create offences for which section 15(1) and (3) prescribe maximum fines of, in the case of sections 9 and 10, £20,000 and, in the case of other offences, level 5) shall be amended as follows.
In section 9 (supplying videos of unclassified work), after subsection (2), there shall be inserted the following subsection—.
In section 10 (possessing videos of unclassified work for supply), after subsection (2), there shall be inserted the following subsection—.
In section 11 (supplying videos in breach of classification), after subsection (2), there shall be inserted the following subsection—.
In section 12 (supplying videos in places other than licensed sex shops), after subsection (4), there shall be inserted the following subsection—.
In section 14 (supplying videos with false indication as to classification), after subsection (4), there shall be inserted the following subsection—.
The amendments made by this section shall not apply to offences committed before this section comes into force.
Section 2 of the Video Recordings Act 1984 (exempted works) shall be amended as follows.
In subsection (1), after the words “subsection (2)” there shall be inserted the words “ or (3) ”.
In subsection (2)—
after paragraph (c), there shall be inserted the following paragraph—; and
for the word “designed” (in both places) there shall be substituted the word “ likely ”.
After subsection (2), there shall be inserted the following subsection—.
After section 4 of the Video Recordings Act 1984 there shall be inserted the following sections—.
In section 7(2) of the Video Recordings Act 1984 (contents of classification certificates), in paragraph (a), after the words “viewing by children”, there shall be inserted the words “ or young children ”.
The Video Recordings Act 1984 shall have effect with the following amendments.
In section 16A (enforcement)—
after subsection (1) there shall be inserted the following subsections—;
in subsection (4), for the words “Subsection (1)” there shall be substituted the words “ Subsections (1) and (1A) ”;
after subsection (4), there shall be inserted the following subsection—.
After section 16A there shall be inserted the following sections—.
In section 43(1) of the Telecommunications Act 1984 (which makes a person convicted of certain offences relating to improper use of public telecommunication systems liable to a fine not exceeding level 3 on the standard scale), for the words “a fine not exceeding level 3 on the standard scale” there shall be substituted the words “ imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both ”.
Subsection (1) above does not apply to an offence committed before this section comes into force.
In subsection (1) of section 80 (arrangements for the provision of prisoner escorts) of the Criminal Justice Act 1991 (“the 1991 Act”)—
for paragraph (a) there shall be substituted the following paragraph—;
in paragraph (b), for the words “such premises” there shall be substituted the words “ the premises of any court ”; and
for paragraphs (c) and (d) there shall be substituted the following paragraph—.
After that subsection there shall be inserted the following subsection—.
In subsection (3) of that section, for the words “a warrant of commitment” there shall be substituted the words “ a warrant or a hospital order or remand ” and for the words “that warrant” there shall be substituted the words “ the warrant, order or remand ”.
After that subsection there shall be inserted the following subsection—.
“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;
In subsection (3) of that section—
for the words from “kept” to “accommodation)” there shall be substituted the words “ remanded or committed to local authority accommodation under section 23 of the 1969 Act ”; and
for the words “section 80(1)(c) to (e)” there shall be substituted the words “ section 80(1)(c) or (e) or (1A) ”.
After that subsection there shall be inserted the following subsection—.
For subsection (4) of section 82 of the 1991 Act (powers and duties of prisoner custody officers acting in pursuance of such arrangements) there shall be substituted the following subsection—.
After subsection (2) of section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a police constable) there shall be inserted the following subsection—.
For section 83 of the 1991 Act there shall be substituted the following section—.
For section 84 of the 1991 Act there shall be substituted the following section—.
At the end of subsection (1) of section 85 of the 1991 Act (officers of contracted out prisons) there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.
At the end of paragraph (b) of subsection (4) of that section there shall be inserted the words “ or prison officers who are temporarily attached to the prison ”.
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After subsection (4) of that section there shall be inserted the following subsection—.
At the end of subsections (6) and (7) of that section there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.
After subsection (1) of section 92 of the 1991 Act (interpretation of Part IV) there shall be inserted the following subsection—.
After section 88 of the 1991 Act there shall be inserted the following section— .
For subsection (2) of section 33 of the Prison Act 1952 (power to declare buildings etc. to be prisons) there shall be substituted the following subsection—.
Subsections (3) and (4) below apply where the Secretary of State enters into a contract with another person (“the contractor”) for the provision by him of a prison.
Section 33(2) of the Prison Act 1952 shall have effect as if it also included references to—
any building or part of a building built by the contractor for the purpose or vested in him or under his control; and
any floating structure or part of such a structure constructed by the contractor for the purpose or vested in him or under his control.
Nothing in section 35(1) of that Act (prison property to be vested in the Secretary of State for Justice) shall require the prison or any real or personal property belonging to the prison to be vested in the Secretary of State for Justice .
In subsection (5) of section 85 of the 1991 Act (officers of contracted out prisons), for the words “The contractor shall” there shall be substituted the words “ The contractor and any sub-contractor of his shall each ”.
In subsection (3)(b) of section 88 of that Act (intervention by the Secretary of State), for the words “the contractor shall” there shall be substituted the words “ the contractor and any sub-contractor of his shall each ”.
In subsection (5) of that section, after the words “the contractor,” there shall be inserted the words “ any sub-contractor of his, ”.
In subsection (3) of section 89 of that Act (certification of prisoner custody officers), for the words “contracted out prison” there shall be substituted the words “ contracted out or directly managed prison ”.
In subsections (1) and (3) of section 90 of that Act (protection of prisoner custody officers), for the words from “acting” to “prison” there shall be substituted the words—.
In subsection (1) of section 91 of that Act (wrongful disclosure of information), for the words from “is or has been” to “prison” there shall be substituted the words—.
In subsection (1) of section 92 of that Act (interpretation of Part IV)—
after the words “In this Part” there shall be inserted the words “ unless the context otherwise requires ”;
in the definitions of “contracted out prison” and “contractor”, for the words “section 84(2)” there shall be substituted the words “ section 84(4) ”;
after those definitions there shall be inserted the following definitions—;
“prison officer” means an officer of a directly managed prison; “prison rules” means rules made under section 47 of the 1952 Act;
“sub-contractor” has the meaning given by section 84(4) above.
After subsection (7) of section 102 of the 1991 Act (short title, commencement and extent) there shall be inserted the following subsection—.
This paragraph applies where at any time—
In sub-paragraph (2) of that paragraph, for the words “or controller” there shall be substituted the words “ controller or governor ”.
The Secretary of State may make arrangements for any of the functions specified in subsection (2) below (“escort functions”) 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.
Those functions are—
the transfer of prisoners from one set of relevant premises to another;
the custody of prisoners held on court premises (whether or not they would otherwise be in the custody of the court) and their production before the court;
the custody of prisoners temporarily held in a prison in the course of transfer from one prison to another; and
the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;
the custody of prisoners while they are outside a prison for temporary purposes.
In paragraph (a) of subsection (2) above, “relevant premises” means— 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 Scotland.
the premises of any court, prison, police station or hospital; or
the premises of any other place from or to which a prisoner may be required to be taken under the Criminal Procedure (Scotland) Act 1995 or the Mental Health (Care and Treatment) (Scotland) Act 2003;
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.
Any person who, under a warrant or hospital order, is responsible for the performance of any such function as is mentioned in subsection (2) above shall be deemed to have complied with that warrant or order 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 or by a police custody and security officer in the performance of functions under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
In this section—
in Greater London, a London borough or the Common Council of the City of London;
Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a member of the staff of the Scottish Administration whose duty it shall be—
to keep the arrangements under review and to report on them to the Scottish Ministers
to investigate and report to the Scottish Ministers on any allegations made against prisoner custody officers acting in pursuance of the arrangements; and
to report to the Scottish Ministers on any alleged breaches of discipline on the part of prisoners for whose transfer or custody such officers so acting are responsible.
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after “Inspector” there shall be inserted —; and
at the end there shall be inserted—; and.
A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have power to search—
any prisoner for whose transfer or custody he is responsible in accordance with the arrangements; and
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 power 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, headgear and gloves.
A prisoner custody officer shall, as respects prisoners for whose transfer or custody he is responsible in pursuance of prisoner escort arrangements, have the duty—
to prevent their escape from legal 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 — the officer shall have the duty to give effect to any order of the court under section 212 of the Criminal Procedure (Scotland) Act 1995requiring an offender to be searched.
on any premises in which a court of summary jurisdiction is sitting; or
in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means,
The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.
Prison rules may make provision in relation to—
the power conferred by subsection (1) above; and
the duty imposed by subsection (3)(d) above.
Where a prisoner for whose transfer or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison, he shall be deemed, for the purposes of such prison rules as relate to breaches of discipline, to have been— at all times during the period for which that officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.
in the custody of the governor of the prison; or
in the case of a contracted out prison, in the custody of its director,
Nothing in subsection (1) above shall render a prisoner liable 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 Scotland, means rules made under any provision of the law of that part which corresponds to section 39 of the 1989 Act.
The Scottish Ministers 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 in Scotland.
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 107 and 108 below; and
the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and
in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.
Where the Scottish Ministersgrants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it— In this subsection “lease” includes a sub-lease.
sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and
the Agricultural Holdings (Scotland) Act 1991 and the Agricultural Holdings (Scotland) Act 2003 (asp 11) .
In this Chapter—
Instead of a governor, every contracted out prison shall have— and every officer of such a prison who performs custodial duties shall 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 Scottish Ministers and
a controller, who shall be a member of the staff of the Scottish Administration appointed by the Scottish Ministers,
Subject to subsection (3) below, the director shall have the same functions as are conferred on a governor by the 1989 Act and by prison rules.
The director shall not—
have any function which is conferred on a controller by virtue of subsection (4) below;
inquire into a disciplinary charge brought 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 Scottish Ministers on, the running of the prison by or on behalf of the director; and
to investigate, and report to the Scottish Ministers 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 each be 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.
The director must designate one or more medical officers for the prison.
A person may be designated as a medical officer for the prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).
A prisoner custody officer performing custodial duties at a contracted out prison shall have power to search—
any prisoner who is confined in the prison or for whose custody he is responsible; and
any other person who is in or is seeking to enter the prison and any article in the possession of such a person.
The power 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, headgear and gloves.
A prisoner custody officer performing custodial duties at a contracted out prison shall, as respects the prisoners for whose custody he is responsible, have the duty—
to prevent their escape from legal 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.
This section applies where a prisoner custody officer who performs custodial duties at a contracted out prison is responsible for the custody of a prisoner who is outside the prison for temporary purposes.
For the purposes of such prison rules as relate to breaches of discipline the prisoner shall be deemed to have been in the custody of the director of the prison at all times during the period for which the prisoner custody officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.
Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.
In relation to a contracted out prison, the provisions specified in subsections (2) to (7) below shall have effect subject to the modifications so specified.
In section 3 of the 1989 Act (general superintendence of prisons)—
subsection (1A) shall not apply;
subsection (3) shall not apply.
In sections 3A(5) and (6) (power to authorise searches of persons providing medical services), 7B (functions of prison monitoring co-ordinators), 7D (functions of independent prison monitors), 7E (duty of the governor to assist with inspection and monitoring), 7G (SPT visits), 9(5), 11(4), 15(1) and (3) (various functions of the governor of a prison), 33A (power of governor to delegate functions), 34 (duty of governor where prisoner dies), 39(8) and (12) (prison rules), 41(4) (detention of person suspected of bringing prohibited article into prison) , 41B(3) (testing prisoners for drugs) and 41C(3) (testing prisoners for alcohol) of that Act, in prison rules and in directions made by virtue of section 39(8) of that Act the reference to the governor shall be construed as a reference to the director.
In sections 3A(5) and (6) (power to carry out searches of persons providing medical services), 7 (Her Majesty’s Chief Inspector of Prisons), 7B (functions of prison monitoring co-ordinators), 7D (functions of independent prison monitors), 7G (SPT visits), 11(4) (execution of certain warrants by prison officers etc.), 13(b) (legal custody of prisoners), 33A (power of governor to delegate functions), 40(1) (persons unlawfully at large), 41(3), (4), (6) and (8) (detention of person suspected of bringing prohibited article into prison) , 41B(1) (testing prisoners for drugs) and 41C(1) (testing prisoners for alcohol) of that Act, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer temporarily attached to the prison.
Section 36 of that Act (vesting of prison property in Secretary of State) shall have effect subject to the provisions of the contract entered into under section 106 above.
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Sections 3A(1) and (2) (medical officers)(medical services), 37 (discontinuance of prison), 41(2A) and (2B) (power to search for prohibited articles) and 41A (powers of search by authorised employees) of that Act shall not apply.
In prison rules, in subsection (8) of section 39 of that Act (directions supplementing prison rules) and in any direction made by virtue of that subsection, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as including a reference to a prisoner custody officer performing custodial duties at the prison.
This section applies where, in the case of a contracted out prison, it appears to the Scottish Ministers—
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 preventing serious damage to any property.
The Scottish Ministers may appoint a member of the staff of the Scottish Administration 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 and the medical officer or officers for the prison shall comply with any directions given by the governor in the exercise of those functions.
Where the Scottish Ministers 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 Scottish Ministers 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 108 and 109 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, but as if the reference in section 109(2) to the director of the contracted out prison were a reference to the governor of the directly managed prison.
In relation to a directly managed prison, the references to an officer of a prison (or, as the case may be, a prison officer) in the provisions specified in subsection (4) below 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.
Those provisions are—
section 11(4) of that Act (execution of certain warrants by prison officers etc.);
section 3A(6) and (7) of the 1989 Act (searches of persons providing medical services);
section 13(b) of that Act (legal custody of prisoners);
section 33A of that Act (power of governor to delegate functions);
subsection (8) of section 39 of that Act (directions supplementing prison rules) and directions made by virtue of that subsection;
section 40(1) of that Act (persons unlawfully at large);
section 41(3), (4), (6) and (8) of that Act (prohibited articles); and
prison rules.
Section 41(2A) and (2B) of the 1989 Act (search of person suspected of bringing prohibited article into prison) shall not apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison.
Any reference in the foregoing provisions of this section 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 Chapter—
The Scottish Ministers may declare to be a prison— whether vested in, or under the control of, the Scottish Ministers or any other person.
any building or part of a building built or adapted for the purpose; and
any floating structure or part of such a structure constructed or adapted for the purpose,
Section 106(1) and subsection (1) above are without prejudice to the Scottish Ministers powers under the 1989 Act with respect to the provision of prisons.
A declaration under subsection (1) above—
shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);
shall not be sufficient to vest the legal estate in any building or structure in the Scottish Ministers; and
may be revoked by the Scottish Ministers at any time other than a time when the prison to which it relates is a contracted out prison.
Nothing in section 36 of the 1989 Act (prison property to be vested in the Scottish Ministers) shall require the legal estate in— to be vested in the Scottish Ministers.
any prison provided under a contract entered into under section 106(1) above;
any prison declared to be such under subsection (1) above and not vested in the Scottish Ministers; or
any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,
In this Chapter “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 Scottish Ministers for the purpose of performing escort functions or custodial duties or both; and
that he is accordingly authorised to perform them.
Schedule 6 to this Act shall have effect with respect to the certification of prisoner custody officers.
Prison rules may make provision regarding the powers and duties of prisoner custody officers performing custodial duties.
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 Scottish Ministers, 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.
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Section 33 of that Act (miscellaneous duties of prison governor) shall cease to have effect.
After section 33 of that Act there shall be inserted the following section—.
In section 39 of that Act (prison rules)—
in subsection (1), after “Act” there shall be inserted “ or any other enactment ”;
in subsection (8), for “the purpose so specified” there shall be substituted “ any purpose specified in the rules ”; and
after subsection (11), there shall be inserted the following subsection—.
In this Chapter, except where otherwise expressly provided—
Any reference in this Chapter to custodial duties at a contracted out or directly managed prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.
In sections 102(1) to (3), 104 and 105 above, “prison”—
so far as relating to the transfer of prisoners to or from a prison situated in England and Wales, includes a young offender institution and a remand centre; and
so far as relating to the transfer of prisoners to or from a prison situated in Northern Ireland, includes a young offenders centre and a remand centre.
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 temporarily held in a prison in the course of delivery 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 Northern Ireland.
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.
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 that 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—
This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications.
Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.
Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7.
The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
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.
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 the arrangements; and
any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.
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 accordance with 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, hat, 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 a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made under Article 110 of the Magistrates’ Courts (Northern Ireland) Order 1981 (application of funds found upon defaulter).
The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.
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.
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.
For the purpose of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been in the custody of the governor of the prison at all times during the period for which the prisoner custody officer was so responsible.
In the case of any breach by the prisoner at any time during the 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 Northern Ireland, means rules made under any provision of the law of that part which corresponds to section 13 of the Prison Act (Northern Ireland) 1953.
In this Chapter “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; and
that he is accordingly authorised to perform them.
Schedule 7 to this Act shall have effect with respect to the certification of prisoner custody officers.
In this section and Schedule 7 to this Act “escort functions” means the functions specified in section 118(1) above.
Any person who assaults a prisoner custody officer acting in pursuance of prisoner escort arrangements 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.
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Any person who resists or wilfully obstructs a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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 is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements 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.
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 Chapter—
Sections 118, 119(1) and (2)(a), 120 and 122 to 124 above, subsection (1) above and Schedule 7 to this Act shall have effect as if—
any reference in section 118(1), 119(1), 120 or 124 above to prisoners included a reference to persons remanded or committed to custody in certain premises under section 51, 74 or 75 of the Children and Young Persons Act (Northern Ireland) 1968 or ordered to be sent to a training school under section 74 or 78 of that Act; and
any reference in section 118(1)(c) or (d) or (2) above to a prison included a reference to such premises or training school.
In sections 118, 120 and 121 above, “prison”—
so far as relating to the delivery of prisoners to or from a prison situated in England and Wales, includes a remand centre or young offender institution; and
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.
The relevant employment legislation shall have effect as if an individual who as a member of the prison service acts in a capacity in which he has the powers or privileges of a constable were not, by virtue of his so having those powers or privileges, to be regarded as in police service for the purposes of any provision of that legislation.
In this section “the relevant employment legislation” means—
the Trade Union and Labour Relations (Consolidation) Act 1992 and the Employment Rights Act 1996;
the Trade Union and Labour Relations (Northern Ireland) Order 1995 and the Employment Rights (Northern Ireland) Order 1996.
For the purposes of this section a person is a member of the prison service if he is an individual holding a post to which he has been appointed for the purposes of section 7 of the Prison Act 1952 or under section 2(2) of the Prison Act (Northern Ireland) 1953 (appointment of prison staff).
Except for the purpose of validating anything that would have been a contravention of section 127(1) below if it had been in force, subsection (1) above, so far as it relates to the question whether an organisation consisting wholly or mainly of members of the prison service is a trade union, shall be deemed always to have had effect and to have applied, in relation to times when provisions of the relevant employment legislation were not in force, to the corresponding legislation then in force.
Subsection (6) below shall apply where—
the certificate of independence of any organisation has been cancelled, at any time before the passing of this Act, in consequence of the removal of the name of that organisation from a list of trade unions kept under provisions of the relevant employment legislation; but
it appears to the Certification Officer that the organisation would have remained on the list, and that the certificate would have remained in force, had that legislation had effect at and after that time in accordance with subsection (1) above.
Where this subsection applies—
the Certification Officer shall restore the name to the list and delete from his records any entry relating to the cancellation of the certificate;
the removal of the name from the list, the making of the deleted entry and the cancellation of the certificate shall be deemed never to have occurred; and
the organisation shall accordingly be deemed, for the purposes for which it is treated by virtue of subsection (4) above as having been a trade union, to have been independent throughout the period between the cancellation of the certificate and the deletion of the entry relating to that cancellation.
A person contravenes this subsection if he induces a prison officer—
to take (or continue to take) any industrial action;
to commit a breach of discipline.
The obligation not to contravene subsection (1) above shall be a duty owed to the Secretary of State. or, in Scotland, to the Scottish Ministersor, in Northern Ireland, to the Department of Justice
In subsection (1) “ industrial action ” means—
the withholding of services as a prison officer; or
any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).
Without prejudice to the right of the Secretary of State or, in Scotland, to the Scottish Ministersor, in Northern Ireland, of the Department of Justice, by virtue of the preceding provisions of this section, to bring civil proceedings in respect of any apprehended contravention of subsection (1) above, any breach of the duty mentioned in subsection (2) above which causes the Secretary of State or, in Scotland, to the Scottish Ministersor, in Northern Ireland, the Department of Justice to sustain loss or damage shall be actionable, at his suit or instance, against the person in breach.
In this section “prison officer” means any individual who—
holds any post, otherwise than as a chaplain or assistant chaplain or as a medical officer, to which he has been appointed . . . under section 2(2) of the Prison Act (Northern Ireland) 1953 (appointment of prison staff),
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holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),
is a custody officer within the meaning of Part I of this Act or a prisoner custody officer, within the meaning of Part IV of the Criminal Justice Act 1991 or Chapter II or III of this Part.
The reference in subsection (1) above to a breach of discipline by a prison officer is a reference to a failure by a prison officer to perform any duty imposed on him by the prison rules or any code of discipline having effect under those rules or any other contravention by a prison officer of those rules or any such code.
In subsection (5) above “the prison rules” means any rules for the time being in force under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).
This section shall be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.
Nothing in the relevant employment legislation shall affect the rights of the Secretary of State or in Scotland, the Scottish Ministersor, in Northern Ireland, the Department of Justice by virtue of this section.
In this section “the relevant employment legislation” has the same meaning as in section 126 above.
The Secretary of State may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—
the rates of pay and allowances to be applied to the prison service; and
such other terms and conditions of employment in that service as may appear to him to fall to be determined in association with the determination of rates of pay and allowances.
Before making any regulations under this section the Secretary of State shall consult with such organisations appearing to him to be representative of persons working in the prison service and with such other persons as he thinks fit.
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this section may—
provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;
authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;
make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit; and
make different provision for different cases.
For the purposes of this section, the prison service comprises all the individuals who:
hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 7 of the Prison Act 1952;
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hold any post, otherwise than as a medical officer, to which those individuals have been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989.
The Secretary of State may make orders suspending, or later reviving, the operation of section 127.
In the application of this section to Northern Ireland, in subsection (1) the reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.
An order under this section may make different provision in relation to different descriptions of prison officer.
The power to make orders under this section is exercisable by statutory instrument(subject to subsection (5)).
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
The power of the Department of Justice in Northern Ireland to make orders under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
No order may be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
The Department of Justice in Northern Ireland may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—
the rates of pay and allowances to be applied to the prison service; and
such other terms and conditions of employment in that service as may appear to the Department of Justice to fall to be determined in association with the determination of rates of pay and allowances.
Before making any regulations under this section the Department of Justice shall consult with such organisations appearing to it to be representative of persons working in the prison service and with such other persons as it thinks fit.
The power to make regulations under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Regulations under this section may—
provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;
authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;
make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and
make different provision for different cases.
For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953.
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after the word “premises” there shall be inserted the words “and may thereafter for that purpose take him to any other place”; and
at the police station, or as the case may be the other premises or place
In subsection (4) of that section—
after paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (f), for the words “departure from the police station or other premises” there shall be substituted the words “release from detention”.
In section 3(1)(b) of that Act (intimation to solicitor and other person of detention under section 2)—
for the words “in a police station or other premises” there shall be substituted the words “and has been taken to a police station or other premises or place”; and
for the words “place where he is being detained” there shall be substituted the words “police station or other premises or place”.
In subsection (1) of section 48 of the Criminal Justice (Scotland) Act 1987 (detention of suspect by customs officer)—
after the word “premises” there shall be inserted the words “ and may thereafter for that purpose take him to any other place ”; and
for the word “there” there shall be substituted the words “ at the customs office, or as the case may be the other premises or place. ”.
In subsection (5) of that section—
after paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (f), for the words “departure from the customs office or other premises” there shall be substituted the words “ release from detention ”.
In section 49(1) of that Act (intimation to solicitor and other person of detention under section 48)—
for the words “at a customs office or other premises” there shall be substituted the words “ and has been taken to a customs office or other premises or place ”; and
for the words “place where he is being detained” there shall be substituted the words “ customs office or other premises or place ”.
In section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (children detained in solemn proceedings), after subsection (1) there shall be inserted—.
In section 45(3) of that Act (procedure in respect of certain orders), for the words “7(6)” there shall be substituted “ 7(1A) or (6) ”.
In Schedule 6 to that Act (transitional provisions and savings)—
in paragraph 8, after the word “revoked” there shall be inserted “ by virtue of paragraph 10 of this Schedule ”; and
after paragraph 9 there shall be added—.
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In section 12(3)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (requirement of Parole Board recommendations for inclusion of conditions in licences of certain released prisoners), after the word “inclusion” there shall be inserted the words “ or subsequent insertion, variation or cancellation ”.
in subsection (2)—
for the words from “and”, where it occurs immediately after paragraph (a), to the end of sub-paragraph (i) of paragraph (b), there shall be substituted—; and
at the end there shall be added—; and; and
in subsection (3), for paragraph (a) there shall be substituted—.
In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of expression “transferred life prisoner”)—
in paragraph (a), after the word “Scotland” there shall be inserted the words “ or a court-martial ”; and
in paragraph (b)—
for the word “(whether” there shall be substituted— “ , or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether ”;
after sub-paragraph (ii) there shall be inserted—; or ; and
at the end there shall be added— “ ; and in this subsection “prison” has the same meaning as in the 1989 Act. ”.
In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings)—
in paragraph 1—
in the definition of “existing provisions”, at the end there shall be added “ except that an amendment or repeal effected by any enactment shall apply for the purposes of the existing provisions if expressly stated to do so ”; and
in the definition of “new provisions”, after the word “amended” there shall be added “ by this Act ”; and
in paragraph 2(1), for the words from “and to” to “Schedule” there shall be substituted— “ , to the following provisions of this Schedule and to the exception in the definition of “existing provisions” in paragraph 1 above, ”.
Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3) (exercise of power to make rules etc.) of the Prisons (Scotland) Act 1989, being provisions which, notwithstanding their repeal by the Prisoners and Criminal Proceedings (Scotland) Act 1993, are “existing provisions” for the purposes of that Act of 1993, shall for those purposes be amended in accordance with the following subsections.
In the said section 18, for subsections (3) and (4) there shall be substituted—.
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In the said section 22, at the beginning of subsection (7) there shall be inserted the words “ In a case where the Parole Board has recommended that a person be released on licence, and by virtue of subsection (1A) above such release is then mandatory, no licence conditions shall be included in the licence, or subsequently inserted, varied or cancelled in it, except in accordance with recommendations of the Board; and in any other case ”.
In the said section 42—
in each of subsections (1) and (4), for the words “22(2)” there shall be substituted “ 22(1A) or (2), 28(1A), ”; and
in subsection (3), for the word “(3)” there shall be substituted “ (3A) ”.
In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings), after paragraph 6 there shall be inserted the following paragraphs—.
A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.
A warrant issued in— for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.
Scotland; or
Northern Ireland,
A warrant issued in— for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.
England or Wales; or
Scotland,
A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant.
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The following provisions apply in relation to the execution under this section by a constable of a warrant issued in England and Wales or Northern Ireland—
where the warrant is executed under subsection (1), the constable has the same powers of entry and search for the purpose of executing the warrant as a constable of a police force in Scotland would have if the warrant had been issued in Scotland;
where the warrant is executed under subsection (2)(b) or (3)(a), the constable has the powers of entry and search conferred by section 137E;
where the warrant is executed under subsection (1), (2)(b) or (3)(a), the constable has the powers conferred by section 139 in relation to the arrested person;
the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.
Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.
Where, under subsection (2)(a) or (3)(b), a constable executes a warrant issued in Scotland, any enactment or rule of law which concerns— applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the warrant had been executed in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.
the powers and duties of a constable who executes such a warrant;
the rights of a person arrested under such a warrant;
the procedures to be followed after an arrest under such a warrant,
This section applies as respects—
a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant for arrest; and
a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest.
In this section “judicial authority” means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea.
This section applies as respects a warrant issued under paragraph 3(2) of Schedule 4 to the Sentencing Code (warrant for arrest of offender referred back to court by youth offender panel) or under Schedule 7 to that Code (youth rehabilitation orders: breach etc.) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.
Powers under this section and sections 137 to 139 may be exercised by an officer of Revenue and Customs in accordance with section 87 of the Finance Act 2007.
If the condition applicable to this subsection is satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland.
If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest ... as it would be competent for him to exercise were the person in Scotland.
If the condition applicable to this subsection is satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.
The powers conferred by subsections (1) and (2) may be exercised in England and Wales and Scotland by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.
The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales.
that the suspected offence is an arrestable offence; or
that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138.
The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland.
The condition applicable to subsection (3) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Northern Ireland.
that the suspected offence is an arrestable offence; or
that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138.
It shall be the duty of a constable who has arrested ... a person under this section— and to do so as soon as reasonably practicable.
if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated;
if he arrested him in England or Wales, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated or to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;
if he arrested him in England or Wales under subsection (2) above and has charged him with an offence, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated;
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if he arrested him in England or Wales under subsection (2) above and has not charged him with an offence, to take the person arrested either to a police station in Scotland mentioned in paragraph (ba) above, or to the nearest convenient designated police station in England or Wales;
if he arrested him in Northern Ireland under subsection (1) above , to take the person arrested either to the nearest convenient designated police station in England or Wales or to a designated police station in a police area in England and Wales in which the offence is being investigated ...;
if he arrested him in England or Wales under subsection (3) above, to take the person arrested to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;
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if he arrested him in Northern Ireland under subsection (2) above and has charged him with an offence, to take the person arrested to such police station in Scotland as is mentioned in paragraph (ba) above;
if he arrested him in Northern Ireland under subsection (2) above and has not charged him with an offence, to take the person arrested either to such police station in Scotland as is mentioned in paragraph (ba) above, or to the nearest convenient designated police station in Northern Ireland;
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In this section—
a private registered provider of social housing;
as respects anything in the possession of a person searched in England and Wales, by section 10 of the Police and Criminal Evidence Act 1984;
The following provisions apply in relation to an arrest under this section by a constable under subsection (1) or (3)—
where the arrest is under subsection (1) in Northern Ireland or under subsection (3) in England and Wales, the constable has the powers of entry and search conferred by section 137E;
where the arrest is under subsection (1) or (3) in Scotland, the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed or attempted in Scotland;
the constable has the powers conferred by section 139 in relation to the arrested person;
the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.
This section shall not prejudice any power of arrest conferred apart from this section.
Where a constable arrests a person under a power exercised by virtue of subsection (2) above, any enactment or rule of law which concerns— applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the arrest had been effected in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.
the powers and duties of a constable who effects an arrest under the power;
the rights of a person arrested under the power;
the procedures to be followed after an arrest under the power,
The following provisions have effect to supplement section 137 (“the principal section”).
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the name of the suspected person is unknown to, and cannot readily be ascertained by, the constable;
the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name;
either—
the suspected person has failed to furnish a satisfactory address for service; or
the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service;
the constable has reasonable grounds for believing that arrest is necessary to prevent the suspected person—
causing physical injury to himself or any other person;
suffering physical injury;
causing loss of or damage to property;
committing an offence against public decency; or
causing an unlawful obstruction of a highway or road; or
the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person.
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that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or
that some other person specified by the suspected person will accept service of process for the suspected person at it.
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in section 2—
in subsection (2), the reference to detention being terminated not more than six hours after it begins shall be construed as a reference to its being terminated not more than four hours after the person’s arrival at the police station to which he is taken under subsection (7)(c) of the principal section; and
in subsections (4) and (7), references to “other premises” shall be disregarded; and
in section 3(1), references to “other premises” shall be disregarded.
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This section makes provision about the application of Part 1 of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) in relation to a person who is arrested by a constable—
in execution of a warrant under section 136(2)(a) or (3)(b); or
under section 137(2).
If, following the arrest, the arrested person is to be taken directly to a place in Scotland to be held in custody, at the same time as being informed in accordance with section 3 of the 2016 Act of the matters mentioned in that section, the person must also be informed of the person’s right to have intimation sent under section 38 of the 2016 Act.
Section 4 of the 2016 Act applies subject to the following modifications—
subsection (1) does not apply;
in subsection (2), as it applies in relation to a person arrested under section 137(2) of this Act, the reference to subsection (1) and the words “this section” in paragraph (b) are to be read as references to section 137(7) of this Act;
in subsection (3), the reference to subsection (1) and the words “this section” are to be read as references to section 136(4) or (as the case may be) section 137(7) of this Act.
In each of sections 5(1)(b), 7(2)(b), 15(3) and 37(4)(b) of the 2016 Act, the reference to section 4 of that Act is to be read as a reference to section 136(4) or (as the case may be) section 137(7) of this Act.
References in Part 1 of the 2016 Act to a police station are to be read as including police stations in England, Wales and Northern Ireland.
If the arrested person is in a police station in England, Wales or Northern Ireland, sections 33(6)(b)(ii) and 42(5)(b)(ii) of the 2016 Act are to be read as though they referred to any person who performs at that police station a function which is equivalent to a function performed at police stations in Scotland by members of police staff appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012.
The powers conferred by subsections (2) and (3) are available to a constable in relation to—
a person arrested under section 136(1), (2)(b) or (3)(a);
a person arrested under section 137(1) or (3);
a person arrested under section 137A in respect of a specified offence committed in England and Wales or Northern Ireland.
A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others.
Subject to subsections (4) to (6) below, a constable to whom this section applies may—
search the person for anything—
which he might use to assist him to escape from lawful custody; or
which might be evidence relating to an offence; and
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The power to search conferred by subsection (3) or (3B) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.
The powers conferred by subsection (3B) are available to a constable in relation to—
a person arrested under section 136(1) or (3)(a) in the execution of a warrant issued in England and Wales in respect of an offence that is an indictable offence in England and Wales;
a person arrested under section 136(1) or (2)(b) in the execution of a warrant issued in Northern Ireland in respect of an offence that is an indictable offence in Northern Ireland;
a person arrested under section 137(1) in respect of an offence that is an indictable offence in England and Wales;
a person arrested under section 137(3) in respect of an offence that is an indictable offence in Northern Ireland;
a person arrested under section 137A(2) or (4) in respect of a specified offence committed in England and Wales;
a person arrested under section 137A(1) or (2) in respect of a specified offence committed in Northern Ireland.
The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person’s mouth.
The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.
A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.
A constable may not search premises in the exercise of the power conferred by subsection (3B) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that subsection.
In so far as the power of search conferred by subsection (3B) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—
any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
that he might use it to assist him to escape from lawful custody; or
that it is evidence of an offence, or has been obtained in consequence of the commission of an offence.
Nothing in this section shall be taken to affect the power conferred by section 43 of the Terrorism Act 2000.
In this section—
Where a constable of a police force in England and Wales searches premises in the exercise of the power conferred by subsection (3B) or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in England and Wales in the exercise of that power—
the constable has the same powers as the constable would have under section 19 of the Police and Criminal Evidence Act 1984 if the search had taken place under section 32(2)(b) of that Act, and
sections 21 and 22 of that Act apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.
Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B)—
the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) if the search had taken place under Article 34(2)(b) of that Order, and
Articles 23 and 24 of that Order apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.
Where a constable of a police force in Scotland searches premises in the exercise of the power conferred by subsection (3B), or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in Scotland in the exercise of that power, the constable has the same powers of seizure and retention as the constable would have if the search had taken place in the exercise of a power of the constable (by virtue of any rule of law) in relation to a person arrested and charged with an offence by the constable in Scotland.
A constable of a police force in England and Wales may arrest a person in England and Wales without a warrant if—
the constable has reasonable grounds for suspecting that the person has committed a specified offence in Scotland or in Northern Ireland, and
the constable also has reasonable grounds for believing that it is necessary to arrest the person—
to allow the prompt and effective investigation of the offence, or
to prevent any prosecution for the offence from being hindered by the disappearance of the person.
A constable of a police force in Scotland may arrest a person in Scotland without a warrant if—
the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Northern Ireland, and
the constable is satisfied that it would not be in the interests of justice to delay the arrest either to enable a warrant for the person’s arrest to be obtained and then executed under section 136 or to enable a power of arrest under section 137 to be exercised.
Without prejudice to the generality of subsection (2)(b), it would not be in the interests of justice to delay an arrest for a purpose mentioned in that subsection if the constable reasonably believes that, unless the person is arrested without delay, the person will obstruct the course of justice in any way, including by seeking to avoid arrest or interfering with witnesses or evidence.
A constable of a police force in Northern Ireland may arrest a person in Northern Ireland without a warrant if—
the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Scotland, and
the constable also has reasonable grounds for believing that it is necessary to arrest the person—
to allow the prompt and effective investigation of the offence, or
to prevent any prosecution for the offence from being hindered by the disappearance of the person.
The power conferred by subsection (1) or (2) may be exercised by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 in England and Wales or (as the case may be) in Scotland.
The following provisions apply in relation to an arrest under this section by a constable of a person suspected of having committed a specified offence in England and Wales or in Northern Ireland—
where the arrest is in England and Wales under subsection (1) or in Northern Ireland under subsection (4), the constable has the powers of entry and search conferred by section 137E;
where the arrest is in Scotland under subsection (2), the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed in Scotland;
the constable has the powers conferred by section 139 in relation to the arrested person;
the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.
Where a constable is arresting under this section a person suspected of having committed a specified offence in Scotland, the constable has the same powers as a constable of a police force in Scotland would have if arresting the person for the offence in Scotland.
In this section—
Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under section 24 of the Police and Criminal Evidence Act 1984 (arrest without warrant) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales.
Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above—
the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act;
the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and
the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act.
Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland.
Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, any enactment or rule of law which concerns— applies in relation to the arrest as though the constable who effected the arrest were a constable of a police force in Scotland.
the powers and duties of a constable who effects an arrest under a power which a constable of the Police Service of Scotland could have exercised to effect the arrest;
the rights of a person arrested under that power of arrest;
the procedures to be followed after an arrest under that power,
Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrest without warrant) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.
Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above—
the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order;
the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and
the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order.
In this section “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
The references in subsections (1) and (2) to a constable of a police force in Scotland, and the references in subsections (3) and (4) to a constable of a police force in England and Wales, include a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.
In section 137A, “specified offence” has the meaning given by this section.
An offence committed in England and Wales is a specified offence if it is—
an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
an offence specified in Part 1 of Schedule 7A,
an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).
An offence committed in Scotland is a specified offence if it is—
an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
an offence specified in Part 2 of Schedule 7A, or
an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b).
An offence committed in Northern Ireland is a specified offence if it is—
an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
an offence specified in Part 3 of Schedule 7A,
an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).
The Secretary of State may by regulations made by statutory instrument amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part.
Regulations under subsection (5) may add an offence to a Part of Schedule 7A only if—
the offence is indictable, and
the Secretary of State considers that it is necessary in the interests of justice to add the offence to the Part.
For the purpose of subsection (6)(a), an offence is indictable if—
in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;
in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;
in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland.
The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.
A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
a description of an offence in subsection (2)(a) or (b) or (4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring;
a description of an offence in subsection (3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring;
“statutory provision” means any provision of—
an Act or subordinate legislation within the meaning of the Interpretation Act 1978;
an Act of the Scottish Parliament or an instrument made under such an Act;
a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act;
Northern Ireland legislation or an instrument made under Northern Ireland legislation.
The chief officer of police of a police force in England and Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the Royal Ulster Constabulary to meet any special demand on its resources.
The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England and Wales or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Royal Ulster Constabulary to meet any special demand on its resources.
The chief constable of the Royal Ulster Constabulary in Northern Ireland may, on the application of the chief officer of police of a police force in England and Wales or the chief officer of a police force in Scotland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force to meet any special demand on its resources.
If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1), (2) or (3) above cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force in England and Wales, the chief officer of any police force in Scotland or the chief constable of the Royal Ulster Constabulary, as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.
While a constable is provided under this section for the assistance of another police force he shall, notwithstanding any enactment,—
be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the Royal Ulster Constabulary in Northern Ireland, of its chief officer or the chief constable of the Royal Ulster Constabulary respectively); and
have in any place the like powers and privileges as a member of that other force therein as a constable.
The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State.
Any expression used in the Police Act 1964, the Police (Scotland) Act 1967 or the Police Act (Northern Ireland) 1970 and this section in its application to England and Wales, Scotland and Northern Ireland respectively has the same meaning in this section as in that Act.
In this section “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
A person arrested under section 137A in respect of a specified offence may be detained but only for the purpose of—
enabling a warrant for the person’s arrest in respect of the offence to be obtained and then executed under section 136, or
enabling the person to be re-arrested under section 137.
The person may be detained for that purpose—
for an initial period of 3 hours beginning with the time of the arrest;
for a second period of no more than 21 hours beginning with the end of the initial period, but only if detention for that period is authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force;
for a third period of no more than 12 hours beginning with the end of the second period, but only if detention for that period is authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force.
An officer of the arresting force may give an authorisation for the purpose of subsection (2)(b) or (c) only if satisfied that it is in the interests of justice to do so.
An officer of the investigating force may give an authorisation for the purpose of subsection (2)(b) only if satisfied that—
there are reasonable grounds to suspect that the person has committed the specified offence,
a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and
it is in the interests of justice to give the authorisation.
An officer of the investigating force may give an authorisation for the purpose of subsection (2)(c) only if satisfied that—
there continue to be reasonable grounds to suspect that the person has committed the specified offence,
a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and
it is in the interests of justice to give the authorisation.
If, at any time while the person is detained, an appropriate officer in the investigating force is satisfied that it is no longer in the interests of justice for the person to be detained—
the officer must notify the arresting force, and
the person must be released immediately.
In subsection (6), “appropriate officer” means—
in relation to the person’s detention for the initial period, any constable;
in relation to the person’s detention for the second period, an officer of at least the rank of inspector;
in relation to the person’s detention for the third period, an officer of a rank above that of inspector.
In this section—
In subsection (8), in the definition of “investigating force”, the reference to a police force includes a reference to—
the National Crime Agency;
any of the following (to the extent that their functions relate to the investigation of offences)—
officers of Revenue and Customs;
immigration officers;
designated customs officials within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act).
In the application of this section in a case where the investigating force is a police force mentioned in subsection (9)(a) or (b)—
the reference to a constable in subsections (4)(b) and (5)(b), and the reference to a constable in the investigating force in subsection (7)(a), is to be read as a reference to a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 (“a designated NCA officer”), an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be);
any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.
A person arrested under section 137A must be informed of the following matters as soon as is practicable after the arrest—
the purpose for which the person may be detained under section 137C;
the provision made by that section about the periods for which the person may be detained.
The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales (subject to the modifications made by Part 1 of Schedule 7B)—
section 28 of the Police and Criminal Evidence Act 1984 (information to be given on arrest);
section 56 of that Act (right to have someone informed when arrested);
section 58 of that Act (access to legal advice);
section 31 of the Children and Young Persons Act 1933 (separation of children and young persons from adults in police stations, courts etc);
section 34 of that Act (additional protection for children and young persons).
The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland (subject to the modifications made by Part 2 of Schedule 7B)—
section 3 of the Criminal Justice (Scotland) Act 2016 (asp 1) (information to be given on arrest);
Chapter 5 of Part 1 of that Act (rights of suspects in police custody);
section 51 of that Act (duty to consider child’s well-being);
section 52 of that Act (duties in relation to children in custody).
The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland (subject to the modifications made by Part 3 of Schedule 7B)—
Article 30 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (information to be given on arrest);
Article 57 of that Order (right to have someone informed when arrested);
Article 59 of that Order (access to legal advice);
Article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of child in police detention from adults charged with offences);
Article 10 of that Order (additional protection for children and young persons).
The Secretary of State may by regulations made by statutory instrument—
amend this section so as to add to the provisions that for the time being apply as mentioned in subsection (2), (3) or (4);
amend this section so as to remove any of those provisions that were added by virtue of paragraph (a);
amend Schedule 7B so as to alter the modifications for the time being made by that Schedule, including by adding a modification or removing one;
amend Schedule 7B so as to provide that any of the provisions that for the time being apply as mentioned in subsection (2), (3) or (4) do not apply in cases or circumstances set out in the Schedule.
Regulations under subsection (5) may include consequential provision, including provision amending any statutory provision; and, for that purpose, statutory provision has the same meaning as in section 137B (see subsection (10)(c) of that section).
The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.
A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In the application of Schedule 7B in a case where the investigating force is a police force mentioned in section 137C(9)(a) or (b), any reference to an officer of at least, or above, a particular rank in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.
A constable may enter and search any premises—
for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland;
for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales;
for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence;
for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence;
for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland;
for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales.
In subsection (1)—
“relevant England and Wales offence” means—
an offence that is an indictable offence in England and Wales;
an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984;
“relevant Northern Ireland offence” means—
an offence that is an indictable offence in Northern Ireland;
an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).
The powers of entry and search conferred by subsection (1)—
are exercisable only if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises, and
are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—
any part of the premises which the occupier of any dwelling comprised in the premises uses in common with the occupier of any other such dwelling, and
any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
The power of search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
In this section, “premises” includes any place and, in particular, includes— “Offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998. “Renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).
any vehicle, vessel, aircraft or hovercraft,
any offshore installation,
any renewable energy installation, and
any tent or movable structure.
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Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows.
In subsection (1), after the words “another person” there shall be inserted the words “otherwise than in the circumstances described in subsection (1A) below”.
After subsection (1), there shall be inserted the following subsections—.
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The following paragraphs of the Second Schedule to the Sexual Offences Act 1956 (which prescribe the punishments for offences of buggery and of indecency between men) shall be amended as follows.
In paragraph 3—
in sub-paragraph (a) (buggery), for the entry in the third column there shall be substituted “If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.”; and
in sub-paragraph (a) (attempted buggery), for the entry in the third column there shall be substituted “If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.”.
In paragraph 16—
in sub-paragraph (a) (indecency between men), for the entry in the third column there shall be substituted “If by a man of or over the age of twenty-one with a man under the age of eighteen, five years; otherwise two years.”; and
in sub-paragraph (b) (attempted procurement of commission by a man of an act of gross indecency with another man), for the entry in the third column there shall be substituted “If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen to commit an act of gross indecency with another man, five years; otherwise two years.”.
In section 1 of the Sexual Offences Act 1967 (amendment of law relating to homosexual acts in private), for “twenty-one” in both places where it occurs there is substituted “eighteen”.
In section 80 of the Criminal Justice (Scotland) Act 1980 (homosexual offences), for “twenty-one” in each place where it occurs there is substituted “eighteen”.
In Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), for “21” in both places where it occurs there is substituted “18”.
Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.
In section 80 of the Criminal Justice (Scotland) Act 1980—
subsection (5) (homosexual acts in the armed forces) shall cease to have effect;
in subsection (7)—
after paragraph (b) there shall be inserted the word “ or ”; and
paragraph (d) (homosexual acts on merchant ships) and the word “; or” immediately preceding that paragraph shall cease to have effect; and
subsection (8) (interpretation) shall cease to have effect.
Section 2 of the Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.
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In the Homosexual Offences (Northern Ireland) Order 1982, the following are revoked—
in article 3(1) (homosexual acts in private), the words “and Article 5 (merchant seamen)”; and
article 5 (homosexual acts on merchant ships).
Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.
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In section 80(6) of the Criminal Justice (Scotland) Act 1980 (which defines “homosexual act” for the purpose of section 80), after “gross indecency” there is inserted “ or shameless indecency ”.
In section 32 of the Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection—.
In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words “(2) to (4)” there shall be substituted the words “ (2) or (3) ”.
After section 16 of the Prison Act 1952 there shall be inserted the following section—.
After section 41A of the Prisons (Scotland) Act 1989 there shall be inserted the following section—.
In the Prison Act 1952, after section 8, there shall be inserted the following section—.
In the Prisons (Scotland) Act 1989, after section 41, there shall be inserted the following section—.
Section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc. into prison) shall be amended as follows.
In subsection (1), for the words from the beginning to “shall be guilty” there shall be substituted—.
After subsection (2) there shall be inserted the following subsections—.
For subsection (3) there shall be substituted the following subsections—.
In Part I of the Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section—.
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The Human Fertilisation and Embryology Act 1990 shall be amended as follows.
After section 3 there shall be inserted the following section—.
In section 41(1)(a) (offences under the Act) after the words “section 3(2)” there shall be inserted “ , 3A ”.
The enactments specified in column 2 of Part I of Schedule 8 to this Act which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Part of that Schedule shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Part of that Schedule instead of a fine of an amount specified in column 3 of that Part of that Schedule.
For the amount of the maximum fine specified in column 3 of Part II of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on summary conviction of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the amount specified in column 4 of that Part of that Schedule.
For the maximum term of imprisonment specified in column 3 of Part III of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on conviction on indictment, or on conviction on indictment or summary conviction, of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the maximum term of imprisonment specified in column 4 of that Part of that Schedule.
Any reference in column 2 of Part II of Schedule 8 to this Act to a numbered column of Schedule 4 to the Misuse of Drugs Act 1971 is a reference to the column of that number construed with section 25(2)(b) of that Act.
Any reference in column 2 of Part III of Schedule 8 to this Act—
to a numbered column of Schedule 6 to the Firearms Act 1968 is a reference to the column of that number construed with section 51(2)(b) of that Act; or
to a numbered column of Schedule 2 to the Firearms (Northern Ireland) Order 1981 is a reference to the column of that number construed with Article 52(2)(b) of that Order.
Section 143 of the Magistrates’ Courts Act 1980 (power of Secretary of State by order to alter sums specified in certain provisions) shall have effect with the insertion, in subsection (2), after paragraph (p), of the following paragraph—.
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Article 17 of the Fines and Penalties (Northern Ireland) Order 1984 (power of Secretary of State by order to alter sums specified in certain provisions of the law of Northern Ireland) shall have effect with the insertion, in paragraph (2), after sub-paragraph (j) of the following sub-paragraph—.
Subsections (1), (2) and (3) above do not apply to an offence committed before this section comes into force.
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The Extradition Act 1989 shall be amended as follows.
In section 4 (extradition Orders), in subsection (5), for the words “warrant his trial if” there shall be substituted the words “make a case requiring an answer by that person if the proceedings were a summary trial of an information against him and”.
In section 7 (extradition request and authority to proceed)—
in subsection (2), in paragraph (b), after the word “evidence” there shall be inserted the words “or, in a case falling within subsection (2A) below, information”; and
after subsection (2), there shall be inserted the following subsection—.
In section 8 (arrest for purposes of committal)—
in subsection (3) after the word “evidence” there shall be inserted the words “or, in a case falling within subsection (3A) below, information”; and
after subsection (3) there shall be inserted the following subsection—.
In section 9 (committal proceedings)—
in subsection (2), for the words from “jurisdiction” to the end there shall be substituted the words “powers, as nearly as may be, including powers to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against him; and section 16(1)(c) of the Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.”;
after subsection (2) there shall be inserted the following subsection—;
in subsection (4), for the words from “warrant the trial” to the end there shall be substituted the words “make a case requiring an answer by the arrested person if the proceedings were the summary trial of an information against him.”; and
make a case requiring an answer by that person if the proceedings were the summary trial of an information against him.
In section 22 (International Convention cases), in subsection (5), for the words from “warrant his trial” to the end, there shall be substituted the words “make a case requiring an answer by that person if the proceedings were the summary trial of an information against him”.
In section 35 (interpretation), after subsection (2), there shall be inserted the following subsection—.
In Schedule 1 (provisions applying to foreign states in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force)—
in paragraph 6(1) (hearing of case), for the words from “hear the case” to the end there shall be substituted the words “have the same powers, as near as may be, including power to adjourn the case and meanwhile to remand the prisoner either in custody or on bail, as if the proceedings were the summary trial of an information against him for an offence committed in England and Wales; and section 16(1)(c) of the Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the prisoner.”;
If the metropolitan magistrate exercises his power to adjourn the case he shall on so doing remand the prisoner either in custody or on bail.
make a case requiring an answer by the prisoner if the proceedings were for the trial in England and Wales of an information for the crime,
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The Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.
In section 1 (conditions for endorsement of warrants issued in Republic of Ireland), in subsection (1)(b), after the word “acts” there shall be inserted the words “or on his way to the United Kingdom”.
In section 2 (proceedings for delivery of person arrested under endorsed warrant), in subsection (2)(a) (excluded offences) the words from “, or an offence under an enactment” to “control” shall be omitted.
In section 4 (procedure for provisional warrants)—
in subsection (1)(c), after the word “acts” there shall be inserted the words “or on his way to the United Kingdom”;
in subsection (2), for the words “five days” there shall be substituted the words “seven days”; and
in subsection (3)(b), for the words “three days” there shall be substituted the words “seven days”.
In the Schedule (proceedings before magistrates' court), in paragraph 3, for the words from “and the proceedings” to the end, there shall be substituted the words “as if the proceedings were the summary trial of an information against that person.”.
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in subsection (1), after the words “England and Wales” there shall be inserted the words “and the adjacent United Kingdom waters.”;
in subsection (2), after the words “area for which he is appointed” there shall be inserted the words “and, where the boundary of that area includes the coast, in the adjacent United Kingdom waters”; and
after subsection (5), there shall be inserted the following subsection—.
Section 17 of the Police (Scotland) Act 1967 (general functions and jurisdiction of constables) shall be amended as follows—
in subsection (4), after the word “Scotland” there shall be inserted the words “ and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters ”; and
after subsection (7) there shall be inserted the following subsection—.
In section 5 of the Data Protection Act 1984 (prohibitions in relation to personal data, including disclosure), after subsection (5), there shall be inserted the following subsections—.
In consequence of the amendment made by subsection (1) above—
in subsection (5) of that section, after the word “other” there shall be inserted the word “foregoing”; and
in section 28 (exemptions: crime and taxation), in subsection (3)—
after the words “section 26(3)(a) above” there shall be inserted the words “or for an offence under section 5(6) above”; and
after the words “to make” there shall be inserted the words “or (in the case of section 5(6)) to procure”.
and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1). In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.
In section 17(5) of that Act (when access is unauthorised), after paragraph (b), there shall be inserted the following words— “ but this subsection is subject to section 10. ”.
Without prejudice to any power which they may exercise for those purposes under any other enactment, a local authority may take such of the following steps as they consider will, in relation to their area, promote the prevention of crime or the welfare of the victims of crime—
providing apparatus for recording visual images of events occurring on any land in their area;
providing within their area an electronic communications service which is distributed—
only to persons on a single set of premises; and
by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;
arranging for the provision of any other description of electronic communications network or electronic communications service within their area or between any land in their area and any building occupied by a public authority.
Any power to provide, or to arrange for the provision of, any apparatus includes power to maintain, or operate, or, as the case may be, to arrange for the maintenance or operation of, that apparatus.
Before taking such a step under this section, a local authority shall consult the chief officer of police for the police area or, in Scotland, the local commander designated for the local authority’s area in which the step is to be taken.
In this section—
“constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
For the purposes of subsection (1)(b)—
a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.
Until 1st April 1996, in this section “local authority” means, in Wales, a county council or district council.
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after subsection (2), there shall be inserted the following subsections—;
in subsection (3), after the words “subsection (2)” there shall be inserted the words “(2A) or (2B)”; and
or (2A)(a) and (b)
Section 2 of the Criminal Justice Act 1987 (investigative powers of Director of Serious Fraud Office) shall be amended as follows—
in subsection (1), for the words from “the Attorney-General” to “the request” there shall be substituted “ an authority entitled to make such a request ”;
after subsection (1), there shall be inserted the following subsections—;
after subsection (8), there shall be inserted the following subsections—; and
in subsection (18), at the end, there shall be inserted the words “; and “evidence” (in relation to subsections (1A)(b), (8A), (8B) and (8C) above) includes documents and other articles.”.
In section 51(1) of the Criminal Justice (Scotland) Act 1987 (investigative powers of Lord Advocate as respects serious or complex fraud), at the end there shall be added “; and he may also give such a direction by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this section and sections 52 to 54 of this Act.”.
In section 52 of the Criminal Justice (Scotland) Act 1987 (investigation by nominated officer)—
after subsection (7) there shall be inserted—; and
“evidence”, in relation to a relevant request, includes documents and other articles;
The Copyright, Designs and Patents Act 1988 shall be amended as follows.
After section 107 (offences relating to copyright) there shall be inserted the following section—.
After section 198 (offences relating to illicit recordings) there shall be inserted the following section—.
It is an offence for an unauthorised person to—
sell a ticket for a designated football match, or
otherwise to dispose of such a ticket to another person.
For this purpose—
a person is “unauthorised” unless he is authorised in writing to sell or otherwise dispose of tickets for the match . . . by the organisers of the match;
a “ticket” means anything which purports to be a ticket; and
a reference to selling a ticket includes a reference to—
offering to sell a ticket;
exposing a ticket for sale;
making a ticket available for sale by another;
advertising that a ticket is available for purchase; and
giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so.
a “designated football match” means a football match of a description, or a particular football match, for the time being designated for the purposes of this section by order made by the Secretary of State.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order.
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The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence.
The Secretary of State may by order made by statutory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit.
An order under subsection (6) above may provide that—
a certificate (a “ticket sale certificate”) signed by a duly authorised officer certifying that 6,000 or more tickets were issued for sale for a sporting event is conclusive evidence of that fact;
an officer is duly authorised if he is authorised in writing to sign a ticket sale certificate by . . . the organisers of the sporting event; and
a document purporting to be a ticket sale certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
Where an order has been made under subsection (6) above, this section also applies, with any modifications made by the order, to any part of the sporting event specified or described in the order, provided that 6,000 or more tickets are issued for sale for the day on which that part of the event takes place.
Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.
If— the service provider shall be guilty in England and Wales of an offence under that section.
a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and
the action, if done in England and Wales, would constitute an offence falling within section 166(1),
A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in— except where subsection (5) applies.
the transmission in a communication network of information falling within subsection (4), or
the storage of information provided by a recipient of the service,
Information falls within this subsection if—
it is provided by a recipient of the service; and
it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.
This subsection applies at any time in relation to information if—
the service provider knew when that information was provided that it contained material contravening section 166; or
that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166.
In this section—
Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.
Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.
No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).
It is a defence for the accused to show that he was soliciting for passengers to be carried at separate fares by public service vehicles on behalf of the holder of a PSV operator’s licence for those vehicles whose authority he had at the time of the alleged offence.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section—
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The enactments mentioned in Schedule 9 to this Act shall have effect with the amendments there specified (being minor amendments).
The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified (amendments consequential on the foregoing provisions of this Act).
The enactments mentioned in Schedule 11 to this Act (which include enactments which are spent) are repealed or revoked to the extent specified in the third column of that Schedule.
The Secretary of State may, with the consent of the Treasury— as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime.
make such payments, or
pay such grants, to such persons,
Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.
Payments under this section shall be made out of money provided by Parliament.
The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying registered political party, or by a person acting for a qualifying political party, on measures to which this section applies.
This section applies to measures which are—
taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and
certified by a chief officer of police as having been appropriate.
A political party is a qualifying registered political partyfor the purposes of this section if, at the last general election before the expenditure was incurred,—
at least two members of the party were elected to the House of Commons, or
one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party.
Payments under this section shall be made out of money provided by Parliament.
In this section “registered political party” means a party registered under the Political Parties, Elections and Referendums Act 2000.
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 or by virtue of sections 2, 3, 7, 11, 96, 99, 100, 102(4), 106(1), 112(1) or 118(3) or paragraph 1 of Schedule 1;
any administrative expenses incurred by the Secretary of State; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
This Act may be cited as the Criminal Justice and Public Order Act 1994.
With the exception of section 82 and subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State or, in the case of sections 52 and 53, the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.
Any order under subsection (2) above may make such transitional provisions and savings as appear to the authority making the order necessary or expedient in connection with any provision brought into force by the order.
The following provisions and their related amendments, repeals and revocations shall come into force on the passing of this Act, namely sections 5 to 15 (and Schedules 1 and 2), 61, 63, 65, 68 to 71, 77 to 80, 81, 83, 90, Chapters I and IV of Part VIII, sections 142 to 148, 150, 158(1), (3) and (4), 166, 167, 171, paragraph 46 of Schedule 9 and this section.
No order shall be made under subsection (6) of section 166 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
For the purposes of subsection (4) above—
the following are the amendments related to the provisions specified in that subsection, namely, in Schedule 10, paragraphs 26, 35, 36, 59, 60 and 63(1), (3), (4) and (5);
the repeals and revocations related to the provisions specified in that subsection are those specified in the Note at the end of Schedule 11.
Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.
Sections 47(3), 49, 60 to 67, 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.
Section 83(1) extends to England and Wales and Northern Ireland.
This section, sections 68, 69, 83(3) to (5), 88 to 92, 136 to 141, 156, 157(2), (3), (4), (5) and (9), 158, 159, 161, 162, 164, 165, 168, 171 and Chapter IV of Part VIII extend to the United Kingdom and sections 158 and 159 also extend to the Channel Islands and the Isle of Man.
Sections 93, 95 and 101(8), 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.
Sections 102(1) to (3), 104, 105 and 117, so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, extend to that part of those Islands, but otherwise Chapter II of Part VIII extends to Scotland only.
Sections 47(4), 83(2), 84(5) to (7), 87, Part IX, sections 145(2), 146(2), 148, 151(2), 152(2), 153, 157(7) and 160(2) extend to Scotland only.
Sections 117A, 118, 120, 121 and 125, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside Northern Ireland, also extend to that part of those islands, except that section 117A does not extend to any part of those islands outside the United Kingdom.
Subject to subsection (14), Chapter 3 of Part 8 extends to Northern Ireland only.
Sections 53, 84(8) to (11), 85(4) to (6), 86(2), 145(3), 147 and 157(8) extend to Northern Ireland only.
Where any enactment is amended, repealed or revoked by Schedule 9, 10 or 11 to this Act the amendment, repeal or revocation has the same extent as that enactment; except that Schedules 9 and 11 do not extend to Scotland in so far as they relate to section 17(1) of the Video Recordings Act 1984.
Section 137B
Any of the following offences at common law—
false imprisonment;
kidnapping;
indecent exposure;
cheating in relation to the public revenue.
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 20 (inflicting bodily injury);
section 24 (administering poison etc with intent);
section 27 (exposing child whereby life is endangered etc);
section 31 (setting spring-guns etc with intent);
section 37 (assaulting an officer etc on account of his preserving wreck);
section 47 (assault occasioning actual bodily harm).
An offence under any of the following provisions of the Sexual Offences Act 1956 — An offence under section 12 of that Act (buggery), other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over. An offence under section 13 of that Act (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.
An offence under section 4 of the Criminal Law Act 1967 (assisting offenders).
An offence under section 5 of the Sexual Offences Act 1967 (living on the earnings of male prostitution).
An offence under any of the following provisions of the Firearms Act 1968—
section 1(1) (possession etc of firearms or ammunition without certificate);
section 2(1) (possession etc of shot gun without certificate);
section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).
An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section. An offence under section 68(2) of that Act (exportation of prohibited or restricted goods). An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.
An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).
An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
An offence under either of the following provisions of the Child Abduction Act 1984—
section 1 (abduction of child by parent etc);
section 2 (abduction of child by other persons).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
An offence under either of the following provisions of the Public Order Act 1986—
section 2 (violent disorder);
section 3 (affray).
An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).
An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).
An offence under either of the following provisions of the Protection from Harassment Act 1997—
section 4 (putting people in fear of violence);
section 4A (stalking involving fear of violence or serious alarm or distress).
An offence under section 29(1)(a) or (b) of the Crime and Disorder Act 1998 (certain racially or religiously aggravated assaults).
An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).
An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).
An offence under any of the following provisions of the Sexual Offences Act 2003— An offence under section 25 or 26 of that Act (family child sex offences) where the offence is committed by a person under the age of 18. An offence under section 47 of that Act (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.
An offence under either of the following provisions of the Terrorism Act 2006—
section 1 (encouragement of terrorism);
section 2 (dissemination of terrorist publications).
An offence under either of the following provisions of the Serious Crime Act 2015—
section 45 (participating in activities of organised crime group);
section 75A (strangulation or suffocation).
An offence under section 68 of the Policing and Crime Act 2017 (breach of pre-charge bail conditions relating to travel).
An offence under any of the following sections of the Health and Care Act 2022—
section 136 (virginity testing);
section 137 (offering to carry out virginity testing);
section 138 (aiding or abetting etc a person to carry out virginity testing);
section 148 (carrying out hymenoplasty);
section 149 (offering to carry out hymenoplasty);
section 150 (aiding or abetting etc a person to carry out hymenoplasty).
Any of the following offences at common law—
culpable homicide;
treason;
rape;
assault, where the assault results in serious injury or endangers life;
assault with intent to rape or ravish;
indecent assault;
abduction with intent to rape;
public indecency;
clandestine injury to women;
lewd, indecent or libidinous behaviour or practices;
sodomy, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;
abduction;
mobbing;
fire-raising;
robbery;
fraud;
extortion;
embezzlement;
theft;
threats;
attempting to pervert the course of justice.
An offence under any of the following provisions of the Firearms Act 1968—
section 1(1) (possession etc of firearms or ammunition without certificate);
section 2(1) (possession etc of shot gun without certificate);
section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).
An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section. An offence under section 68(2) of that Act (exportation of prohibited or restricted goods). An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.
An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).
An offence under either of the following provisions of the Civic Government (Scotland) Act 1982—
section 51(2) (publication etc of obscene material);
section 52 (taking, distributing etc indecent photographs of children).
An offence under section 6 of the Child Abduction Act 1984 (parent etc. taking or sending a child out of the United Kingdom).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).
An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—
section 7 (procuring prostitution etc);
section 8(3) (unlawful detention of women and girls);
section 10 (parents etc encouraging girls under 16 to engage in prostitution etc);
section 11(1)(b) (males soliciting etc for immoral purposes).
An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).
An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).
An offence under section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences).
An offence under either of the following provisions of the Terrorism Act 2006—
section 1 (encouragement of terrorism);
section 2 (dissemination of terrorist publications).
Any of the following offences under the Sexual Offences (Scotland) Act 2009—
section 8 (sexual exposure);
section 9 (voyeurism);
section 11 (administering a substance for sexual purposes);
section 32 (causing an older child to be present during a sexual activity);
section 33 (causing an older child to look at a sexual image);
section 34(1) (communicating indecently with an older child);
section 34(2) (causing an older child to see or hear an indecent communication);
section 35 (sexual exposure to an older child);
section 36 (voyeurism towards an older child);
section 42 (sexual abuse of trust);
section 46 (sexual abuse of trust of a mentally disordered person).
An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
section 38 (threatening or abusive behaviour);
section 39 (stalking).
An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing etc an intimate photograph or film).
An offence under any of the following sections of the Health and Care Act 2022—
section 140 (virginity testing);
section 141 (offering to carry out virginity testing);
section 142 (aiding or abetting etc a person to carry out virginity testing);
section 152 (carrying out hymenoplasty);
section 153 (offering to carry out hymenoplasty);
section 154 (aiding or abetting etc a person to carry out hymenoplasty).
Any of the following offences at common law—
false imprisonment;
kidnapping;
riot;
affray;
indecent exposure;
cheating in relation to the public revenue.
An offence under any of the following provisions of the Offences against the Person Act 1861—
section 20 (inflicting bodily injury);
section 24 (administering poison etc with intent);
section 27 (exposing child whereby life is endangered etc);
section 31 (setting spring-guns etc with intent);
section 37 (assaulting an officer etc on account of his preserving wreck);
section 47 (assault occasioning actual bodily harm).
An offence under section 11 of the Criminal Law Amendment Act 1885 (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.
An offence under either of the following provisions of the Punishment of Incest Act 1908—
section 1 (incest by a man);
section 2 (incest by a woman).
An offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 (assisting offenders).
An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section. An offence under section 68(2) of that Act (exportation of prohibited or restricted goods). An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.
An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).
An offence under Article 8 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (living on the earnings of male prostitution).
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
An offence under either of the following provisions of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))—
Article 3 (abduction of child by parent etc);
Article 4 (abduction of child by other persons).
An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (ill-treatment of patients).
An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of a child).
An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).
An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).
An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).
An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).
An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).
An offence under section 53 of the Sexual Offences Act 2003 (controlling prostitution for gain).
An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—
Article 3(1)(b) (possession etc of firearms other than handguns without certificate);
Article 3(2) (possession etc of ammunition without certificate);
Article 24(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).
An offence under either of the following provisions of the Terrorism Act 2006—
section 1 (encouragement of terrorism);
section 2 (dissemination of terrorist publications).
An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))— An offence under Article 32 or 33 of that Order (family child sex offences) where the offence is committed by a person under the age of 18. An offence under Article 37 of that Order (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.
An offence under section 68 of the Policing and Crime Act 2017 (breach of pre-charge bail conditions relating to travel).
An offence under any of the following sections of the Health and Care Act 2022—
section 144 (virginity testing);
section 145 (offering to carry out virginity testing);
section 146 (aiding or abetting etc a person to carry out virginity testing);
section 156 (carrying out hymenoplasty);
section 157 (offering to carry out hymenoplasty);
section 158 (aiding or abetting etc a person to carry out hymenoplasty).
Section 137D
This Part sets out the modifications mentioned in section 137D(2), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales. Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force. In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).
Section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested) is modified as follows. Subsection (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C. Subsection (2)(a) does not apply. Subsection (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred— Subsection (3) does not apply. The reference in subsection (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of England and Wales. Subsection (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C. Subsection (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C. Subsection (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.
Section 58 of the Police and Criminal Evidence Act 1984 (access to legal advice) is modified as follows. Subsection (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C. Subsections (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C. Subsections (3) and (5) do not apply. Subsection (6)(a) does not apply. The reference in subsection (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force. The reference in subsection (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of England and Wales. Subsection (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.
Section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence, etc) is modified as follows. Subsection (2) is to be read as if (instead of referring to the case where a child or young person is in police detention) it referred to the case where a child or young person is being detained under section 137C. Subsection (3) is to be read as if (in addition to the information mentioned in paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b). The reference in subsection (9) to a child’s or young person’s rights under section 56 of the Police and Criminal Evidence Act 1984 is to be read as a reference to that section as modified by this Schedule.
This Part sets out the modifications mentioned in section 137D(3), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland. Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force. A reference to a person in police custody in any of those provisions is to be read as a reference to a person detained under section 137C. In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).
Section 38 of the Criminal Justice (Scotland) Act 2016 (right to have intimation sent to other person) is modified as follows. Subsection (6) applies as if (instead of the provision made by that subsection) it defined “an appropriate constable” as being—
Section 40 of that Act (right of under 18s to have access to another person) is modified as follows. Subsection (5) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (1) or (2) to be taken only by—
Section 41 of that Act (social work involvement in relation to under 18s) is modified as follows. Subsection (6) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (4)(b) to be taken only by—
Section 42 of that Act (support for vulnerable persons) is modified as follows. Subsection (5)(b)(ii) is to be read as if (instead of referring to a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012) it referred to a person who performs a function which is equivalent to a function performed at a police station in Scotland by a person appointed as a member of police staff under section 26(1) of that Act.
Section 43 of that Act (right to have intimation sent to solicitor) is modified as follows. Subsection (1) is to be read as if the list of matters of which a person has a right to have intimation sent to a solicitor—
Section 44 of that Act (right to consultation with solicitor) is modified as follows. Subsection (3) applies as if (instead of the provision made by that subsection) it provided for a decision to delay the exercise of the right under subsection (1) to be taken only by—
Section 51 of that Act (duty to consider child’s wellbeing) is modified as follows. Subsection (1) is to be read as if it did not include paragraphs (a), (c) and (d).
This Part sets out the modifications mentioned in section 137D(4), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland. Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force. In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).
Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (right to have someone informed when arrested) is modified as follows. Paragraph (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C. Paragraph (2)(a) does not apply. Paragraph (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred— Paragraph (3) does not apply. The reference in paragraph (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of Northern Ireland. Paragraph (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C. Paragraph (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C. Paragraph (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.
Article 59 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (access to legal advice) is modified as follows. Paragraph (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C. Paragraphs (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C. Paragraphs (3) and (5) do not apply. Paragraph (6)(a) does not apply. The reference in paragraph (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force. The reference in paragraph (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of Northern Ireland. Paragraph (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.
Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (duty to inform person responsible for welfare of child in police detention) is modified as follows. Paragraph (1) is to be read as if (instead of referring to the case where a child is in police detention) it referred to the case where a child is being detained under section 137C. That paragraph is also to be read as if (in addition to the information mentioned in sub-paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b). The reference in paragraph (6) to a child’s rights under Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 is to be read as a reference to that Article as modified by this Schedule.