Measles and rubella elimination country profile: Ireland
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Where a person aged under 18 is convicted of an offence, the court by or before which the person is convicted may in accordance with Schedule 1 make an order (in this Part referred to as a “youth rehabilitation order”) imposing on the person any one or more of the following requirements—
an activity requirement (see paragraphs 6 to 8 of Schedule 1),
a supervision requirement (see paragraph 9 of that Schedule),
in a case where the offender is aged 16 or 17 at the time of the conviction, an unpaid work requirement (see paragraph 10 of that Schedule),
a programme requirement (see paragraph 11 of that Schedule),
an attendance centre requirement (see paragraph 12 of that Schedule),
a prohibited activity requirement (see paragraph 13 of that Schedule),
a curfew requirement (see paragraph 14 of that Schedule),
an exclusion requirement (see paragraph 15 of that Schedule),
a residence requirement (see paragraph 16 of that Schedule),
a local authority residence requirement (see paragraph 17 of that Schedule),
a mental health treatment requirement (see paragraph 20 of that Schedule),
a drug treatment requirement (see paragraph 22 of that Schedule),
a drug testing requirement (see paragraph 23 of that Schedule),
an intoxicating substance treatment requirement (see paragraph 24 of that Schedule), and
an education requirement (see paragraph 25 of that Schedule).
A youth rehabilitation order—
may also impose an electronic monitoring requirement (see paragraph 26 of Schedule 1), and
must do so if paragraph 2 of that Schedule so requires.
A youth rehabilitation order may be—
a youth rehabilitation order with intensive supervision and surveillance (see paragraph 3 of Schedule 1), or
a youth rehabilitation order with fostering (see paragraph 4 of that Schedule).
But a court may only make an order mentioned in subsection (3)(a) or (b) if—
the court is dealing with the offender for an offence which is punishable with imprisonment,
the court is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be appropriate (or, if the offender was aged under 12 at the time of conviction, would be appropriate if the offender had been aged 12), and
if the offender was aged under 15 at the time of conviction, the court is of the opinion that the offender is a persistent offender.
Schedule 1 makes further provision about youth rehabilitation orders.
This section is subject to—
sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions on community sentences etc.), and
the provisions of Parts 1 and 3 of Schedule 1.
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For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means—
in a case where the order— the person who under paragraph 26(4) of Schedule 1 is responsible for the electronic monitoring required by the order;
imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 1(1), and
imposes an electronic monitoring requirement,
in a case where the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;
in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.
In this section “qualifying officer”, in relation to a youth rehabilitation order, means—
a member of a youth offending team established by a local authority for the time being specified in the order for the purposes of this section, or
an officer of a local probation board appointed for or assigned to the local justice area for the time being so specified or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being so specified.
The Secretary of State may by order—
amend subsections (1) and (2), and
make any other amendments of— that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
this Part, or
Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) (general provisions about sentencing),
An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.
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Where a youth rehabilitation order has effect, it is the duty of the responsible officer—
to make any arrangements that are necessary in connection with the requirements imposed by the order,
to promote the offender’s compliance with those requirements, and
where appropriate, to take steps to enforce those requirements.
In subsection (1) “responsible officer” does not include a person falling within section 4(1)(a).
In giving instructions in pursuance of a youth rehabilitation order relating to an offender, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—
any conflict with the offender’s religious beliefs,
any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and
any conflict with the requirements of any other youth rehabilitation order to which the offender may be subject.
The Secretary of State may by order provide that subsection (3) is to have effect with such additional restrictions as may be specified in the order.
An offender in respect of whom a youth rehabilitation order is in force—
must keep in touch with the responsible officer in accordance with such instructions as the offender may from time to time be given by that officer, and
must notify the responsible officer of any change of address.
The obligation imposed by subsection (5) is enforceable as if it were a requirement imposed by the order.
Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.
Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.
Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.
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In this Part, except where the contrary intention appears—
“relevant English NHS body” means—
Before making— the court must consider whether, in the circumstances of the case, the requirements to be imposed by the order or orders are compatible with each other. Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4). The court must ensure, as far as practicable, that any requirement imposed by a youth rehabilitation order is such as to avoid— The Secretary of State may by order provide that sub-paragraph (3) is to have effect with such additional restrictions as may be specified in the order.
This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction. The Secretary of State may by order make such amendments to any of the preceding provisions of this Schedule as appear expedient in consequence of the change.
The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—
section 6(5) and the definition of interim hospital order in section 6(7),
section 11(6),
section 14(5) and the definition of interim hospital order in section 14(7), and
section 16B(3).
In section 31C (appeals against procedural directions), omit subsections (1) and (2).
In section 3(4) (representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “as provided in regulations made under”.
For section 4A substitute—
In section 67(4)(a) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).
The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.
Before section 31 (but after the cross-heading preceding it) insert—
In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—
omit the words “to be dealt with”, and
for paragraph (a), substitute—.
Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.
Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows. In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “a mental health treatment requirement in a community order or youth rehabilitation order”. After subsection (3B) insert—
The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.
In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—
after paragraph (a) insert—, and
after paragraph (b) insert—.
A designation made under section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) which has effect immediately before the date on which section 55 comes into force continues to have effect on and after that date as if made under section 7A as amended by that section.
Section 69(3) applies in relation to things done as mentioned in— after the commencement of section 69. Section 70(3) applies in relation to things done as mentioned in— after the commencement of section 70.
Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force. But that section does not apply in relation to— or in relation to any proceedings in respect of any trial within paragraph (a) or (b). Where the alleged offence is a service offence, that section similarly does not apply in relation to— or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b). For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins. In this paragraph—
The amendment made by section 93 does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.
The new sections 12A and 12B inserted into the Children and Young Persons Act 1933 (c. 12) by section 143 do not apply where any of the offences mentioned in those new sections were committed before the commencement of that section.
a sentence of imprisonment, any other sentence or order mentioned in section 222(1) of the Sentencing Code (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any enactment passed before that section came into force, or
In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—.
Paragraph 7 (transfer to England and Wales) is amended as follows. In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008”. In sub-paragraph (2)(b)— In sub-paragraph (3)— A youth community service order made or amended in accordance with this paragraph shall— The person appointed under sub-paragraph (4)(b) must be—
In section 1(2)(a) (purposes of Chapter), after “2003)” insert “, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
Paragraph 9 (general provision) is amended as follows. In sub-paragraph (3)— In sub-paragraph (4)(a)— In sub-paragraph (5)— In sub-paragraph (6)—
In section 70 (interpretation, etc.) omit subsection (5).
After that paragraph insert—
“specified offence” has the meaning given by section 98(3);
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paragraph 8(3) and (4) (activity requirement),
paragraph 10(3) (unpaid work requirement),
paragraph 11(3) and (4) (programme requirement),
paragraph 12(3) (attendance centre requirement),
paragraph 13(2) (prohibited activity requirement),
paragraph 16(2), (4) and (7) (residence requirement),
paragraphs 17(3) and (4) and 19 (local authority residence requirement),
paragraph 20(3) (mental health treatment requirement),
paragraph 22(2) and (4) (drug treatment requirement),
paragraph 23(3) (drug testing requirement),
paragraph 24(2) and (4) (intoxicating substance treatment requirement), and
paragraph 25(4) (education requirement).
This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied. If the court is satisfied— it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement. But a court may not impose a fostering requirement unless— A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement. This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions to imposing fostering requirement). A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).
Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating to any day must require the offender to do either of the following— Any such instructions operate to require the offender, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity. If the order so provides, instructions under paragraph 6(1)(d) may require the offender to participate in a residential exercise for a period comprising not more than 7 days, and, for that purpose— Instructions such as are mentioned in sub-paragraph (3)—
In this Part of this Act “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with this paragraph. The number of hours which a person may be required to work under an unpaid work requirement must be specified in the youth rehabilitation order and must be, in aggregate— A court may not impose an unpaid work requirement in respect of an offender unless— In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services. An offender in respect of whom an unpaid work requirement of a youth rehabilitation order is in force must perform for the number of hours specified in the order such work at such times as the responsible officer may specify in instructions. Subject to paragraph 17 of Schedule 2, the work required to be performed under an unpaid work requirement of a youth rehabilitation order must be performed during the period of 12 months beginning with the day on which the order takes effect. Unless revoked, a youth rehabilitation order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.
In this Part of this Act “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from participating in activities specified in the order— A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted— The requirements that may by virtue of this paragraph be included in a youth rehabilitation order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).
In this Part of this Act, “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside— A court may not by virtue of sub-paragraph (1)(a) include in a youth rehabilitation order a requirement that the offender reside with an individual unless that individual has consented to the requirement. In this paragraph, a residence requirement falling within sub-paragraph (1)(b) is referred to as “a place of residence requirement”. A court may not include a place of residence requirement in a youth rehabilitation order unless the offender was aged 16 or over at the time of conviction. If the order so provides, a place of residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order. Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender. A court may not specify a hostel or other institution as the place where an offender must reside for the purposes of a place of residence requirement except on the recommendation of—
A court may not include a local authority residence requirement or a fostering requirement in a youth rehabilitation order in respect of an offender unless— Those conditions are— In this paragraph—
In this Part of this Act, “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience (“the treatment provider”), with a view to the reduction or elimination of the offender’s dependency on, or propensity to misuse, drugs. A court may not include a drug treatment requirement in a youth rehabilitation order unless it is satisfied— The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order— but the order must not otherwise specify the nature of the treatment. A court may not include a drug treatment requirement in a youth rehabilitation order unless— In this paragraph “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
In this Part of this Act “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a period or periods specified in the order, with approved education arrangements. For this purpose, “approved education arrangements” means arrangements for the offender’s education— The local education authority so specified must be the local education authority for the area in which the offender resides or is to reside. A court may not include an education requirement in a youth rehabilitation order unless— Any period specified in a youth rehabilitation order as a period during which an offender must comply with approved education arrangements must not include any period after the offender has ceased to be of compulsory school age. In this paragraph, “local education authority” and “parent” have the same meanings as in the Education Act 1996 (c. 56).
In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”.
In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order) £1,000
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
In section 1 (appeal against conviction), in paragraph (b) after “if” insert “, within 28 days from the date of the conviction,”.
The financial penalty is suitable for enforcement in England and Wales if—
the certificate states that the person required to pay the penalty has property or a source of income in England and Wales, and
the certificate does not state—
that the person has property or a source of income in Northern Ireland or Scotland, or
that the person is normally resident in the United Kingdom.
This paragraph applies if— The financial penalty is suitable for enforcement in England and Wales unless sub-paragraph (3) applies. This sub-paragraph applies if—
Where the person required to pay the financial penalty is a body corporate, this Schedule applies as if—
the reference in paragraph 1 to the person being normally resident in England and Wales were a reference to the person having its registered office in England and Wales,
the reference in paragraph 2 to the person being normally resident in Northern Ireland were a reference to the person having its registered office in Northern Ireland, and
any reference to the person being normally resident in the United Kingdom were a reference to the person having its registered office in the United Kingdom.
In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “or other persons who may be lawfully detained there”.
In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “a finding”.
The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
The Criminal Justice Act 1988 has effect subject to the following amendments.
In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute—.
In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—
The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.
In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—
The Criminal Justice Act 2003 has effect subject to the following amendments.
In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—.
In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—
in subsection (1)(b) for “authorised persons to be given assistance in” substitute “the giving of assistance to persons”, and
in subsection (4) for ““authorised person” and “conditional caution” have” substitute ““conditional caution” has”.
The amendment made by section 42 applies in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.
Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c. 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date. A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8). A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date. If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies. If the period of three months from the date on which a conditional caution was given ends after the commencement date, the caution shall be regarded as a spent caution at the end of that period of three months unless sub-paragraph (7) applies. Sub-paragraph (7) applies if— The caution shall be regarded as a spent caution at the end of the rehabilitation period for the offence. If, on or after the date on which the caution becomes regarded as a spent caution in accordance with sub-paragraph (4) or (5), the person concerned is convicted of the offence in respect of which the caution was given— In this paragraph, “the commencement date” means the date on which section 49 comes into force.
Section 71 does not apply to offences committed before the commencement of that section.
The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.
In the application of section 133 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in section 133(6)(b) to 51 weeks is to be read as a reference to six months.
In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—
In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “, within 28 days from the date of the finding,”.
Before section 1 insert—.
In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
Section 35 (child complainants and other child witnesses) is amended as follows. In subsection (3) (offences to which section applies), in paragraph (a)— After that subsection insert—
Section 23A (financial penalties) is amended as follows. In subsection (5), for paragraphs (b) and (c) substitute— In subsection (6), for “to the specified officer” substitute “in accordance with the provision specified under subsection (5)(b).” After subsection (6) insert— Omit subsections (7) to (9).
The amendment made by section 43 applies in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.
In the application of subsection (7) of section 9A of the Rehabilitation of Offenders Act 1974 (as inserted by paragraph 4 of Schedule 10) to offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a reference to 6 months.
Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. Omit paragraph 1 and the heading before that paragraph. In paragraph 2(1), for “the appropriate court,” substitute—. In paragraph 5— In paragraph 6— After paragraph 6 insert—
In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “, within 28 days from the date of the finding that the person did the act or made the omission charged,”.
Section 1 (issue of warrant for transfer) is amended as follows. In subsections (2) and (3) for “warrant under this Act” substitute “warrant under this section”. In subsection (4)— In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “warrant under this section”. In subsection (6) after “warrant” (in the first place it appears) insert “under this section”. In subsection (7)(b) after “under” insert “any of”. In subsection (8)—
In section 160(1) (offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “Subject to section 160A,”.
Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows. In subsection (1) at end insert “or any relevant superseded offence”. After that subsection insert—
After section 23A insert—
Section 2 (transfer out of the United Kingdom) is amended as follows. In subsection (1) after “warrant” insert “under section 1”. In subsection (4)— In subsection (7) for “warrant under this Act” substitute “warrant under section 1”.
The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.
In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—.
Section 3 (transfer into the United Kingdom) is amended as follows. In subsection (1), after “a warrant” insert “under section 1”. In subsections (2), (4) and (6), for “warrant under this Act” substitute “warrant under section 1”. In subsection (7)— Subsection (10) is omitted.
Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.
In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—.
Section 4 (temporary return) is amended as follows In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4) for “warrant under this Act” substitute “warrant under section 1”. After subsection (5) insert—.
In section 142 (purposes of sentencing), in subsection (2)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
Before section 5 (operation of warrant and retaking prisoners) insert—.
In section 150 (circumstances in which community sentence not available), in paragraph (d) for “any of sections 225 to 228” to the end substitute “section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)”.
Section 5 (operation of warrant and retaking prisoners) is amended as follows. In subsection (1)— After subsection (8) insert—
In section 152 (general restrictions on imposing custodial sentences), in subsection (1)(b) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
Section 6 (revocation etc. of warrants) is amended as follows. In subsection (1)— After subsection (1) insert— In subsections (2) and (3) after “subsection (1)(b)” insert “or (1A)(b)”. In subsection (5)(a), for the words from “where” to the end substitutein a case where—.
In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), omit “falling to be”.
Section 8 is amended as follows. “the relevant person” has the meaning given by section 4A(5)(b). In subsection (3)—
In section 163 (general power of Crown Court to fine) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows. For the cross-heading before paragraph 1 substitute—Part 1. In paragraph 1— In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)— If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner. After paragraph 8 insert—
In section 224 (meaning of “specified offence” etc), in subsection (3) the definition of relevant offence is omitted.
Section 233 (offences under service law) is omitted.
In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “one-half of”.
In section 305 (interpretation of Part 12), in subsection (4)—
for paragraphs (c) and (d) substitute—, and
paragraph (e) is omitted.
In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—
Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows. In subsection (8), for “section 326” substitute “sections 326 and 327A”. After that subsection insert—
In section 326(5)(a) (review of arrangements), for “and this section” substitute “, this section and section 327A”.
section 227(6), section 228(7)
In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.
“NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),
In this Part of this Act “activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must do any or all of the following— Subject to paragraph 3(2), the number of days specified in the order under sub-paragraph (1) must not, in aggregate, be more than 90. A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates to require the offender, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement— and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be). Where the order requires the offender to participate in a residential exercise, it must specify, in relation to the exercise— A requirement to participate in a residential exercise operates to require the offender, in accordance with instructions given by the responsible officer— and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).
In this Part of this Act “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period for which the order remains in force, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such times and places as may be determined by the responsible officer.
In this Part of this Act “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at an attendance centre specified in the order for such number of hours as may be so specified. The aggregate number of hours for which the offender may be required to attend at an attendance centre— A court may not include an attendance centre requirement in a youth rehabilitation order unless it— The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer. The subsequent hours are to be fixed by the officer in charge of the centre— An offender may not be required under this paragraph to attend at an attendance centre— A requirement to attend at an attendance centre for any period on any occasion operates as a requirement—
In this Part of this Act “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified. The period specified must not be more than 3 months. An exclusion requirement— In this paragraph “place” includes an area.
In this Part of this Act “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a period specified in the order, the offender must reside with a local authority foster parent. A period specified in a youth rehabilitation order as a period for which the offender must reside with a local authority foster parent must— A youth rehabilitation order which imposes a fostering requirement must specify the local authority which is to place the offender with a local authority foster parent under section 23(2)(a) of the Children Act 1989 (c. 41). The authority so specified must be the local authority in whose area the offender resides or is to reside. If at any time during the period specified under sub-paragraph (1), the responsible officer notifies the offender— the fostering requirement is, until the determination of the application, to be taken to require the offender to reside in accommodation provided by or on behalf of a local authority. This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed. A court may not include a fostering requirement in a youth rehabilitation order unless the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent. In this paragraph, “local authority foster parent” has the same meaning as it has in the Children Act 1989.
Where the registered medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which— the medical practitioner or psychologist may make arrangements for the offender to be treated accordingly. Such arrangements as are mentioned in sub-paragraph (1) may only be made if the offender has expressed willingness for the treatment to be given as mentioned in that sub-paragraph. Such arrangements as are mentioned in sub-paragraph (1) may provide for part of the treatment to be provided to the offender as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the youth rehabilitation order. Where any such arrangements as are mentioned in sub-paragraph (1) are made for the treatment of an offender—
In this Part of this Act, “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience, with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse intoxicating substances. A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless it is satisfied— The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order— but the order must not otherwise specify the nature of the treatment. A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless— In this paragraph “intoxicating substance” means— In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
The Secretary of State may by order amend— by substituting, for the maximum number of hours for the time being specified in that provision, such other number of hours as may be specified in the order. The Secretary of State may by order amend any of the provisions mentioned in sub-paragraph (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order. Those provisions are— An order under this paragraph which amends paragraph 18(2) may also make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of Schedule 2.
For section 4 substitute—
After section 25B insert—
In section 36C (appeals against procedural directions), subsections (1) and (2) are omitted.
In paragraph 14(b) of Schedule 5 (modifications of Schedule 8 to the Criminal Justice Act 2003 as it applies to overseas community orders), for “(3)” substitute “(3A)”.
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute—
Section 39 and Schedule 7 do not apply— Section 40 and paragraph 2(4) and (6) of Schedule 26 do not apply—
In section 113(7)(a) in its application in relation to England and Wales the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).
The amendments made by section 124 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day. In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
In section 12 (absolute and conditional discharge), in subsection (1) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
In section 24(5)(a) (first meeting: duration of contract), after “under paragraph” insert “9ZD,”.
In section 28(a) (offender etc. referred back to court), for “Part I” substitute “Parts 1 and 1ZA”.
In section 92 (detention under sections 90 and 91: place of detention etc.) omit subsection (3).
In section 116 (power to order return to prison where offence committed during original sentence)—
in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991 (early release of prisoners)” substitute “under any provision of Part 2 of the Criminal Justice Act 1991 (early release of prisoners) other than section 33(1A)”, and
in subsection (7), for “section 84 above” substitute “section 265 of the Criminal Justice Act 2003 (restriction on consecutive sentences for released prisoners)”.
In section 130 (compensation orders), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
In section 146 (driving disqualification for any offence), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
In section 164 (further interpretative provisions), in subsection (3)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
Schedule 1 (youth offender panels: further court proceedings) is amended as follows. In the heading for Part 1, at the end insert “: REVOCATION OF REFERRAL ORDER”. In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “9ZD,”.
In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “, within 28 days from the date of the conviction,”.
Section 4 (alteration of sentence on appeal against conviction) is amended as follows. For subsection (1) substitute— After subsection (2) insert—
Section 50 (regulations for police forces) is amended as follows. For subsection (3) substitute— In subsection (4) omit “, subject to subsection (3)(b),”.
Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows. In paragraph (a), for “regulations under section 50 or 52” substitute “regulations or rules under section 50, 52, 84 or 85”. After “a draft of the regulations” insert “or rules”.
Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows. For subsection (1) substitute— In subsection (1A), after “section 50” insert “or 51”. In subsection (5), after “section 50” insert “or 51”.
After section 37(1) (power to make regulations about special constables) insert—
In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “, (2A)”.
Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows. In subsection (4)(b), after “section 24” insert “or 29H”. In subsection (5)(b), after “section 22” insert “or 29F”.
The Crime (Sentences) Act 1997 has effect subject to the following amendments.
The amendment made by section 44 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force. For the purposes of this paragraph, the proceedings on appeal begin— In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).
The amendments made by section 123 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day. In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
The amendment made by sub-paragraph (1) of paragraph 57 of Schedule 26 is not to be read as affecting the validity of any supplementary, incidental, consequential, transitional, transitory or saving provisions included in orders or regulations made by the Secretary of State under the Sexual Offences Act 2003 (c. 42) before the commencement of that sub-paragraph.
In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—
after “if” insert “, within 28 days from the date on which the sentence was passed,”, and
for “the sentence” substitute “it”.
Schedule 1 (transfer of prisoners within the British Islands) is amended as follows. In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”. In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”. Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies. In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”. In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”. Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.
The amendment made by section 45 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force. For the purposes of this paragraph, the proceedings on appeal begin— In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).
In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “, within 28 days from the date of the verdict,”.
Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows. In paragraph 2(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”. In paragraph 3(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”. In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—
In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “, within 28 days from the date of the finding that the accused did the act or made the omission charged,”.
For the purposes of any provision of this Part which requires the determination of the age of a person by the court, the Secretary of State or a local authority, the person’s age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State or a local authority to be after considering any available evidence.
Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.
If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, any reference in this Part (except in paragraphs 4 and 25 of Schedule 1) to the offender’s parent or guardian is to be read as a reference to that authority.
In subsection (4)—
“parental responsibility” has the same meaning as it has in the Children Act 1989 (c. 41) by virtue of section 3 of that Act, and
Section 1
“relevant Welsh NHS body” means—
Before making a youth rehabilitation order, the court must obtain and consider information about the offender’s family circumstances and the likely effect of such an order on those circumstances.
This paragraph applies where the court is dealing with an offender who has been convicted of two or more associated offences. If, in respect of one of the offences, the court makes an order of any of the following kinds— it may not make an order of any other of those kinds in respect of the other offence, or any of the other offences. If the court makes two or more youth rehabilitation orders with intensive supervision and surveillance, or with fostering, both or all of the orders must take effect at the same time (in accordance with paragraph 30(1) or (2)). Where the court includes requirements of the same kind in two or more youth rehabilitation orders, it must direct, in relation to each requirement of that kind, whether— But the court may not direct that two or more fostering requirements are to be consecutive. Where the court directs that two or more requirements of the same kind are to be consecutive— For the purposes of sub-paragraphs (4) and (6), requirements are of the same kind if they fall within the same paragraph of Part 2 of this Schedule.
In this Schedule, “the offender”, in relation to a youth rehabilitation order, means the person in respect of whom the order is made. In this Schedule— For the purposes of this Schedule—
If the responsible officer— the responsible officer must cause an information to be laid before a justice of the peace in respect of the failure mentioned in paragraph (c). But sub-paragraph (1) does not apply if the responsible officer is of the opinion that there are exceptional circumstances which justify not causing an information to be so laid. If— the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure. In this paragraph, “warned period” has the same meaning as in paragraph 3.
Sub-paragraph (2) applies if— The court may instead— until the offender can be brought or appear before the Crown Court. Where a court deals with the offender’s case under sub-paragraph (2) it must send to the Crown Court— and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
The Secretary of State may by order amend any sum for the time being specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii). The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change. In sub-paragraph (2), “the relevant date” means— An order under sub-paragraph (1) (a “fine amendment order”) must not have effect in relation to any youth rehabilitation order made in respect of an offence committed before the fine amendment order comes into force.
Subject to sub-paragraph (2), where, otherwise than on the application of the offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this Schedule, the court— Sub-paragraph (1) does not apply where a court proposes to make an order—
Subsection (4), and the provisions mentioned in subsection (6), of section 1 apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b) or 14(4)(b) to impose a requirement as they apply in relation to any power conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation order which includes such a requirement.
A youth rehabilitation order made or amended in accordance with paragraph 1 or 2 must— and paragraph 33 of Schedule 1 (local justice area to be specified in order) does not apply in relation to an order so made or amended.
specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment takes effect, and
specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland,
The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly. Sub-paragraph (1) is subject to paragraphs 12 to 16.
The home court may exercise in relation to the youth rehabilitation order any power which it could exercise in relation to a corresponding order made by a court in Northern Ireland, by virtue of the legislation relating to such orders which has effect there, except the following—
any power to discharge or revoke the order (other than a power to revoke the order where the offender has been convicted of a further offence and the court has imposed a custodial sentence),
any power to deal with the offender for the offence in respect of which the order was made, and
in the case of a youth rehabilitation order imposing a curfew requirement, any power to vary the order by substituting for the period specified in it any longer period than the court which made the order could have specified.
The Firearms Act 1968 has effect subject to the following amendments.
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
Section 51 (regulations for special constables) is amended as follows. In subsection (2)(ba) (conduct of special constables) after “conduct” insert “, efficiency and effectiveness”. After subsection (2) insert—
For section 84 substitute—
Section 97 (police officers engaged on service outside their force) is amended as follows. In subsection (6)— In subsection (7), omit “, or required to resign as an alternative to dismissal,”.
Section 36 (police regulations: general) is amended as follows. In subsection (1) (power to make regulations about constables) after “conditions” insert “of service”. For subsection (2) substitute—
Omit section 43 (regulations: further appeal).
The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.
Section 61(3) has effect in relation to any application for compensation made in relation to— on or after the commencement date. Section 61(4), (6) and (7) have effect in relation to— Section 61(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date. Section 61(5) so has effect whether a conviction was quashed before, on or after the commencement date. In the case of— before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date. But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so. In this paragraph—
This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 22 come into force before the relevant provisions of the Legal Services Act 2007 (c. 29) come into force. Until the relevant provisions of the Legal Services Act 2007 come into force— In this paragraph “the relevant provisions of the Legal Services Act 2007” means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).
Before making or amending a youth rehabilitation order in accordance with paragraph 1 or 2, the court must explain to the offender in ordinary language— The court which makes or amends the order must— and sub-paragraphs (1) to (3) of paragraph 34 of Schedule 1 (provision of copies of orders) do not apply. The persons referred to in sub-paragraph (2)(a) are— In sub-paragraph (3)(b)(ii)— In this paragraph, “home court” has the meaning given by paragraph 8.
The home court may require the offender to appear before the relevant court in England or Wales if sub-paragraph (2) or (3) applies. This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate acting for the petty sessions district for the time being specified in the order that the offender has failed to comply with one or more requirements of the order. This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for a power conferred by any of paragraphs 11 to 14 of Schedule 2 to be exercised.
In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”.
In section 19(4)(a) (making of referral orders: effect on court’s other sentencing powers), for “community sentence” substitute “sentence which consists of or includes a youth rehabilitation order”.
Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales—
the home court must send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable, and
a certificate purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the failure before the relevant court in England or Wales.
In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”.
In section 73 (reparation orders)—
for subsection (4)(b) substitute—
after subsection (4) insert—
In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.
In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.
In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “a youth rehabilitation order”.
In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—
after “under—” insert—, and
omit paragraphs (a) to (c), and
in paragraph (d) omit “action plan order or”.
In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “on the offender a sentence which consists of or includes a youth rehabilitation order”.
In section 159 (execution of process between England and Wales and Scotland)—
after “Schedule 1 to this Act,” insert “or”,
omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
omit “paragraph 1(1) of Schedule 5 to this Act”, and
omit “paragraph 7(2) of Schedule 7 to this Act, or”.
Section 160 (rules and orders) is amended as follows. Omit subsection (2). In subsection (3)(a)— Omit subsection (5).
In section 163 (general definitions)—
omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,
in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and
“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.
Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. In the heading to the Schedule omit “action plan orders and”. In the cross-heading before paragraph 2, omit “action plan order or”. In paragraph 2— Omit paragraphs 3 and 4. In the cross-heading before paragraph 5, omit “action plan order or”. In paragraph 5— In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”. In paragraph 7(b), for “an action plan order or” substitute “a”.
In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.
In Schedule 11 (transitional provisions)—
in paragraph 4, omit—
paragraph (a) of sub-paragraph (1),
sub-paragraph (2), and
sub-paragraph (3), and
omit paragraph 5.
Section 2
This paragraph applies where— Sub-paragraphs (3) and (4) apply where— The convicting court may revoke the order. Where the convicting court revokes the order under sub-paragraph (3), it may deal with the offender, for the offence in respect of which the order was made, in any way in which it could have dealt with the offender for that offence (had the offender been before that court to be dealt with for the offence). The convicting court may not exercise its powers under sub-paragraph (3) or (4) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made. In dealing with an offender under sub-paragraph (4), the sentencing court must take into account the extent to which the offender has complied with the order. A person sentenced under sub-paragraph (4) for an offence may appeal to the Crown Court against the sentence. Sub-paragraph (9) applies where— The convicting court may, instead of proceeding under sub-paragraph (3)— until the offender can be brought before the Crown Court. Sub-paragraph (11) applies if the youth rehabilitation order was made by the Crown court and does not contain a direction under paragraph 36 of Schedule 1. The convicting court may— until the offender can be brought or appear before the Crown Court. Where the convicting court deals with an offender’s case under sub-paragraph (9) or (11), it must send to the Crown Court such particulars of the case as may be desirable.
Where a court is considering the making or amendment of a youth rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth rehabilitation orders) has effect subject to the following modifications. The following provisions of Schedule 1 are omitted— In paragraph 12 of Schedule 1 (attendance centre requirement) any reference to an attendance centre has effect as a reference to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)). In paragraph 20 of that Schedule (mental health treatment requirement), for sub-paragraph (2)(a) there is substituted—. In paragraphs 25 (education requirement) and 34(4) (additional persons to whom court must give a copy of the order) of that Schedule, any reference to a local education authority (except in sub-paragraph (6) of paragraph 25) has effect as a reference to an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)). In paragraph 26 of that Schedule (electronic monitoring requirements: common provisions) sub-paragraph (5) is omitted. Paragraph 36 of that Schedule has effect as if it required the Crown Court, where it makes a direction under that paragraph, to specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England or Wales for the purposes of Part 2 of this Schedule. Any reference to the responsible officer has effect as a reference to the person who is to be responsible for the offender’s supervision under the order.
In this Part of this Schedule, in relation to the youth rehabilitation order—
Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside.
In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—.
Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows. In subsection (1A)— In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”.
In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “sections 84 and 85”.
In section 59(3) (representation only by another member of a police force except in certain circumstances) for “provided by” substitute “provided in regulations made in accordance with”.
Section 85 (appeals against dismissal etc.) is amended as follows. For subsections (1) and (2) substitute— For subsection (4) substitute— For subsection (5) substitute—
Schedule 6 (appeals to police appeals tribunals) is amended as follows. In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute— In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom— Omit paragraph 6 (hearings). Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— In paragraph 10 (interpretation)—
Section 3
Section 6
Section 13(2)
Section 23
A period specified under paragraph 2 is to be treated as being a relevant period within the meaning of section 67 of the Criminal Justice Act 1967 (c. 80).
This paragraph applies where— Subject to sub-paragraph (4), the court must by order specify the credit period. The “credit period” is the number days represented by half of the sum of— rounded up to the nearest whole number. Sub-paragraph (2) does not apply if and to the extent that— Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does not specify the credit period under sub-paragraph (2), it may in accordance with either of those paragraphs by order specify a lesser period. Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to— In considering whether it is of the opinion mentioned in sub-paragraph (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them. Where the court specifies a period under sub-paragraph (2) or (5) it shall state in open court— Sub-paragraph (10) applies where the court— The court shall state in open court— In this paragraph—
Section 39(6)
Section 47
The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.
“extract” includes an extract consisting of a single image;
Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows. In subsection (2)— After subsection (2) insert— Subsection (3) is omitted.
Section 23AA of the Children and Young Persons Act 1969 (electronic monitoring of remand conditions) is amended as follows. In subsection (4)— In subsection (8) for “Subsections (8) to (10) of section 3AA” substitute “Subsections (4) to (7) of section 3AC”.
In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—
for “Part III” substitute “Part 3 or 3A”; and
for “(racial hatred)” substitute “(hatred by reference to race etc)”.
The Criminal Justice Act 1991 is amended as follows. In section 43(5) (young offenders), for “under this Part” substitute “under any provision of this Part other than section 33(1A)”. In section 44(6) (disapplication of certain provisions for prisoners serving extended sentences) for “section 46” substitute “section 46(2)”. In section 46(3) (definition of persons liable to removal from the United Kingdom) after “for the purposes of this section” insert “and the following provisions of this Part”. In section 46B(5) (re-entry into United Kingdom of offender removed early from prison), after “subsections (1)” insert “, (1A)”. In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)— Sub-paragraph (6) extends to England and Wales and Northern Ireland only.
Section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (alteration of Crown Court sentence) is amended as follows. In subsection (1)— After subsection (1) insert— Subsections (2) and (3) are omitted.
Section 48
The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.
Section 65 (reprimands and warnings) is amended as follows. In subsection (1)— In subsection (3)(b) after “to be brought” insert “or a youth conditional caution to be given”. In subsection (6), in paragraph (a)(i) after “to be brought” insert “or a youth conditional caution to be given”. In subsection (7) for “In this section” substitute “In this Chapter”. For subsection (8) (cautions not to be given to children or young persons) substitute—
After section 66 insert—
Section 114 (orders and regulations) is amended as follows. In subsection (2) (which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “10(6), 66C(1) or 66H(e)(vi)”. After subsection (2) insert— In subsection (3) (which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “, 66A(6)”. After subsection (3) insert—
Section 49
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
In section 6(6) for “the Schedule” substitute “Schedule 1”.
After section 8 (defamation actions) there is inserted—
After section 9 (unauthorised disclosure of spent convictions) insert—
The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1.
After that Schedule insert—
Section 51
The Bail Act 1976 (c. 63) has effect subject to the following amendments.
In section 3 (general provisions) for subsection (6ZAA) substitute—
Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows. In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “Conditions for the imposition of electronic monitoring requirements: children and young persons”. For subsection (1) substitute— For subsection (4) substitute— In subsection (5), for “such a requirement” substitute “electronic monitoring requirements”. Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.
After section 3AA insert—
Section 52
The Bail Act 1976 (c. 63) is amended as follows.
In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “(including where P is a person to whom the provisions of Part 1A of Schedule 1 apply)”.
After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—
Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.
Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph. In that sub-paragraph at the beginning insert “Subject to sub-paragraph (2),”. But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
After Part 1 insert—
Section 53
Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.
In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “for sentence”.
In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—
In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “summary trial”.
Paragraph 9 is amended as follows. In sub-paragraph (3) after “(1A)” insert “, (1B)”. In subsection (3) for “the said Act of 2000” substitute “the Powers of Criminal Courts (Sentencing) Act 2000”.
Paragraph 13 is omitted.
Paragraph 22 is omitted.
Before paragraph 23 insert—
In paragraph 23, in subsection (5) of the first of the sections inserted by that paragraph (section 3A), for “a specified offence” substitute “an offender convicted of a specified offence”.
In subsection (2) for “committed” substitute “sent”.
Section 68
Section 73
Section 74
Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.
In the heading for Part 3A at the end insert “or grounds of sexual orientation”.
In the italic cross-heading before section 29A at the end insert “and “hatred on the grounds of sexual orientation””.
After that section insert—
In the italic cross-heading before section 29B at the end insert “or hatred on the grounds of sexual orientation”.
Section 29B (use of words or behaviour or display of written material) is amended as follows. In subsection (1), after “religious hatred” insert “or hatred on the grounds of sexual orientation”. Omit subsection (3).
In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
In section 29D(1) (public performance of play), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “thereby to stir up religious hatred or hatred on the grounds of sexual orientation”.
Section 29H (powers of entry and search) is amended as follows. In subsection (1), omit “in England and Wales”. Omit subsection (2).
Section 29I (power to order forfeiture) is amended as follows. In subsection (2)— Omit subsection (4).
After section 29J insert—
In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish Parliament or in the National Assembly for Wales”.
Section 29L (procedure and punishment) is amended as follows. In subsections (1) and (2), omit “in England and Wales”. In subsection (3), in paragraph (b), for “six months” substitute “12 months”. After that subsection insert—
“hatred on the grounds of sexual orientation” has the meaning given by section 29AB;
Section 75
The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.
Section 1 (extended scope of certain offences) is amended as follows. In subsection (1)(b) (offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995”. After subsection (1) insert— Omit subsection (2) (definition of “act”).
After section 1 insert—
For section 2 substitute—
After section 3 (supplemental) insert—
Section 6 (material to which the Act applies) is amended as follows. Before subsection (1) insert— In subsection (1), omit “in this Act”. After subsection (1) insert— In subsection (2) (question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “or facility”. For subsection (5) substitute— For the sidenote, substitute “Interpretation”.
In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “any British overseas territory”.
The Customs and Excise Management Act 1979 (c. 2) is amended as follows. “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act); In section 50 (penalty for improper importation of goods)— In section 68 (offences in relation to exportation of prohibited or restricted goods)— In section 170 (penalty for fraudulent evasion of duty, etc.)—
Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory. Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.
Section 91(1)
Section 91(2)
A penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).
A penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.
The decision was made in respect of conduct— In sub-paragraph (1), “the relevant part of the United Kingdom” means—
The decision was made in respect of conduct— In sub-paragraph (1), “the relevant part of the United Kingdom” has the same meaning as in paragraph 3(2).
The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.
The certificate does not confirm that—
if the proceedings in which the decision was made were conducted in writing, the liable person was informed of the right to contest the proceedings and of the time limits that applied to the exercise of that right;
if those proceedings provided for a hearing to take place and the liable person did not attend, the liable person was informed of the proceedings or indicated an intention not to contest them.
The financial penalty is for an amount less than 70 euros. For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made. The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).
Participation in a criminal organisation.
Terrorism.
Trafficking in human beings.
Sexual exploitation of children and child pornography.
Illicit trafficking in narcotic drugs and psychotropic substances.
Illicit trafficking in weapons, munitions and explosives.
Corruption.
Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.
Laundering of the proceeds of crime.
Counterfeiting currency, including of the euro.
Computer-related crime.
Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
Facilitation of unauthorised entry and residence.
Murder, grievous bodily injury.
Illicit trade in human organs and tissue.
Kidnapping, illegal restraint and hostage-taking.
Racism and xenophobia.
Organised or armed robbery.
Illicit trafficking in cultural goods, including antiques and works of art.
Swindling.
Racketeering and extortion.
Counterfeiting and piracy of products.
Forgery of administrative documents and trafficking therein.
Forgery of means of payment.
Illicit trafficking in hormonal substances and other growth promoters.
Illicit trafficking in nuclear or radioactive materials.
Trafficking in stolen vehicles.
Rape.
Arson.
Crimes within the jurisdiction of the International Criminal Court.
Unlawful seizure of aircraft or ships.
Sabotage.
Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.
Smuggling of goods.
Infringement of intellectual property rights.
Threats and acts of violence against persons, including violence during sport events.
Criminal damage.
Theft.
Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the treaty establishing the European Community or under Title VI of the Treaty on European Union.
In this Schedule— If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.
Section 118 After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.
Section 122
Section 126
The Police Act 1996 (c. 16) has effect subject to the following amendments.
The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.
The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.
Section 127
The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.
In section 23(2) (regulations) after paragraph (q) insert—
Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.
In paragraph 6(4) (handling of complaints by appropriate authority: use of local resolution procedures) in each of paragraphs (a)(ii) and (b)(ii), for the words from “, a requirement to resign” to the end substitute “or the giving of a final written warning.”
After paragraph 19 insert—
Paragraph 20A (accelerated procedure in special cases) is amended as follows. In sub-paragraph (1) (application of paragraph) for “a person appointed or designated to investigate” substitute “the person investigating”. In sub-paragraph (6) (investigation to continue after submission of report) for “appointed or designated to investigate” substitute “investigating”. In sub-paragraph (7) (definition of special conditions)— Omit sub-paragraph (8) (interpretation).
Paragraph 20B (investigations managed or carried out by Commission: action by appropriate authority) is amended as follows. If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall— Omit sub-paragraph (5) (appropriate authority to notify DPP if special conditions are satisfied).
In paragraph 20D(2) (action by Commission on receipt of memorandum) for “appointed under paragraph 18 or designated under paragraph 19” substitute “investigating the complaint or matter”.
Paragraph 20E (other investigations: action by appropriate authority) is amended as follows. If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall— Omit sub-paragraph (5) (appropriate authority to notify DPP if special conditions are satisfied). In sub-paragraph (7) (appropriate authority to notify person investigating if special conditions are not satisfied) for “appointed under paragraph 16 or 17” substitute “investigating the complaint or matter”.
Omit paragraph 20G (special cases: Director of Public Prosecutions) and the cross-heading immediately preceding it.
Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows. In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit the words from “(and the other provisions” to the end. Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—
Paragraph 22 (final reports on investigations) is amended as follows. In sub-paragraph (1) (cases where paragraph 22 applies)— In sub-paragraph (4) (meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5)”. The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)— A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person’s possession as the authority may request. The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority— Those purposes are—
Paragraph 23 (action by Commission in response to investigation report) is amended as follows. In sub-paragraph (2) (action to be taken on receipt of report)— The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. The second condition is that— In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”. On receipt of the report, the Commission shall also notify the appropriate authority that it must— On receipt of a notification under sub-paragraph (6) the appropriate authority shall make those determinations and submit a memorandum to the Commission which— In sub-paragraph (8)(a) (action by Commission on receipt of memorandum) for “is proposing to take the action” substitute “has made the determinations under sub-paragraph (6)(a)”.
Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows. In sub-paragraph (2) (action to be taken on receipt of report)— The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. The second condition is that— In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”. In the case of a report falling within sub-paragraph (1)(b) which relates to a recordable conduct matter, the appropriate authority shall also notify the Commission of its determination under sub-paragraph (2)(a). On receipt of such a notification that the appropriate authority has determined that the conditions in sub-paragraphs (2A) and (2B) are not satisfied in respect of the report, the Commission— It shall be the duty of the appropriate authority to comply with any direction given to it under sub-paragraph (5B). On receipt of the report or (as the case may be) copy, the appropriate authority shall also— In sub-paragraph (7) (appropriate authority to give notice on making a determination under sub-paragraph (6)) for “a determination” substitute “the determinations”. In sub-paragraph (8) (contents of notification authority is required to give of its determination) for paragraphs (b) and (c) substitute—.
In paragraph 24A(2) (final reports on investigations into other DSI matters: obligation to submit report) for the words from “A person appointed” to “paragraph 19” substitute “The person investigating”.
Paragraph 24B (action in response to a report on a DSI matter) is amended as follows. In sub-paragraph (2) (circumstances in which appropriate authority must record matter as a conduct matter) omit the words from “(and the other provisions” to the end. Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—
Paragraph 25 (appeals to Commission with respect to an investigation) is amended as follows. In sub-paragraph (2) (rights of appeal)— In sub-paragraph (3) (power of Commission to require appropriate authority to submit memorandum on an appeal)— In sub-paragraph (5) (determinations to be made by Commission on an appeal)— In sub-paragraph (9) (action to be taken by Commission when it determines appropriate authority is not taking appropriate action) for “is not proposing to take the action in consequence of” substitute “has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Commission considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in”. If, on an appeal under this paragraph, the Commission determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, it shall direct the appropriate authority—
Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows. In sub-paragraph (1) (application of paragraph) in each of paragraphs (a) and (b), for “proposing to” substitute “required to or will, in its discretion,”. In sub-paragraph (3) (recommendations that may be made by Commission in certain circumstances)—
After paragraph 28 insert—
Section 140 The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—
Section 145
The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.
The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.
Section 148
Section 148
Section 149
Title Extent of repeal or revocation Children and Young Persons Act 1933 (c. 12) In section 34(7), the words “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”. In section 49— in subsection (4A), paragraph (d) (but not the word “and” immediately following it); in subsection (13)(c), sub-paragraph (i) together with the word “and” immediately following it. Social Work (Scotland) Act 1968 (c. 49) In section 94(1), in the definition of “supervision order”, the words “the Powers of Criminal Courts (Sentencing) Act 2000 or”. Children and Young Persons Act 1969 (c. 54) Section 25. In section 70(1), the definition of “supervision order”. Northern Ireland (Modification of Enactments — No. 1) Order 1973 (S.I. 1973/2163) In Schedule 1, the entry relating to section 25(2) of the Children and Young Persons Act 1969. Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. 1973 No. 256) In Schedule 2, the entry relating to section 25 of the Children and Young Persons Act 1969. Bail Act 1976 (c. 63) In section 4(3), the words “to be dealt with”. Magistrates' Courts Act 1980 (c. 43) In Schedule 6A, the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). Contempt of Court Act 1981 (c. 49) In section 14, the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48). Criminal Justice Act 1982 (c. 48) In Schedule 13— in paragraph 7(2)(b), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”; in paragraph 7(3)(b), the words “within the meaning of Part 12 of the Criminal Justice Act 2003”; in paragraph 9(3)(a), the words “under section 177 of the Criminal Justice Act 2003”; in paragraph 9(4)(a), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”; in paragraph 9(5), the words “(within the meaning of the Part 12 of the Criminal Justice Act 2003)”; in paragraph 9(6), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”. In Schedule 14, paragraph 60. Mental Health Act 1983 (c. 20) In section 37(8)(c), the words “a supervision order (within the meaning of that Act) or”. Health and Social Services and Social Security Adjudications Act 1983 (c. 41) In Schedule 2, paragraphs 15(b) and 16. Children Act 1989 (c. 41) In section 21(2)(c), in sub-paragraph (i), the words “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and the word “or” at the end of that sub-paragraph. In section 105(6), in paragraph (b), the words from “or an” to the end of that paragraph. In Schedule 13, paragraph 35(3). Criminal Justice Act 1991 (c. 53) In paragraph 11 of Schedule 3— in sub-paragraph (2)(a), the words “under section 177 of the Criminal Justice Act 2003”; in sub-paragraph (4), the words “under section 177 of the Criminal Justice Act 2003”. In Schedule 11, paragraph 3. Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/ 2032) In regulation 8(1)— sub-paragraph (a)(ii); sub-paragraph (b)(i), (ii), (iv) and (v); sub-paragraph (c)(ii) and (iii). Prisoners (Return to Custody) Act 1995 (c. 16) Section 2(2). Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/ 756) Article 7(2) and (3). Crime and Disorder Act 1998 (c. 37) In section 38(4)— paragraph (g); in paragraph (h), the words “or a supervision order”. In Schedule 8, paragraph 13(1). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) Chapters 1, 2, 4 and 5 of Part 4. In section 74(3)(a), the words “or with the requirements of any community order or any youth community order to which he may be subject”. In section 75, the words “action plan orders and” and “so far as relating to reparation orders”. In section 137(2)— paragraphs (a) to (c); in paragraph (d), the words “action plan order or”. In section 159, the words “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”, “paragraph 1(1) of Schedule 5 to this Act,” and “paragraph 7(2) of Schedule 7 to this Act, or”. In section 160— subsection (2); in subsection (3)(a), “40(2)(a)”; subsection (5). In section 163, the definitions of— “action plan order”; “affected person”; “attendance centre”; “attendance centre order”; “community sentence”; “curfew order”; “exclusion order”; “supervision order”; “supervisor”; “youth community order”; and paragraphs (a), (aa) and (f) of the definition of “responsible officer”. Schedules 3 and 5 to 7. In Schedule 8— in the heading, the words “action plan orders and”; paragraph 1 and the heading preceding that paragraph; in the cross-heading before paragraph 2, the words “action plan order or”; in paragraph 2— in sub-paragraph (2), in paragraph (a), sub-paragraphs (ii) and (iii) and in paragraphs (b) and (c) the words “action plan order or”; in sub-paragraphs (5) and (7), the words “action plan order or”; in sub-paragraph (8), the words “or action plan order” in both places; paragraphs 3 and 4; in the cross-heading before paragraph 5, the words “action plan order or”; in paragraph 5(1)(a), the words “action plan order or”; in paragraph 6(9)(a), (b) and (c), the words “action plan order or”. In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4), 28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b), 127, 129, 131 and 132. In Schedule 10, paragraphs 4 to 6 and 12 to 15. In Schedule 11, paragraphs 4(1)(a), (2) and (3) and 5. Care Standards Act 2000 (c. 14) In Schedule 4, paragraph 28(3). Criminal Justice and Court Services Act 2000 (c. 43) Section 46. Section 52. Section 70(5). In Schedule 7— in paragraph 4(2), in the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000, the entries beginning “sections 63(1)(b)” and “in section 69”; paragraphs 37(b), 69, 163, 164, 174, 175 and 192; in paragraph 196, paragraphs (a), (b), (c)(i) and (iii) and (d); in paragraph 197— paragraph (a); paragraph (d); in paragraph (f), the definitions of “affected person” and “exclusion order”; paragraph (g)(i); paragraphs 201, 202(2) and 204. Anti-social Behaviour Act 2003 (c. 38) Section 88. Schedule 2. Criminal Justice Act 2003 (c. 44) In section 147, subsections (1)(b) and (2). In section 148— in subsection (2), the words “which consists of or includes a community order”; subsection (3). In section 156(2), “or (3)(a)”. In section 161— in subsection (1), the words “aged 14 or over”; subsection (7). In section 176, the definition of “youth community order”. In section 197(1)(b), the words “the offender is aged 18 or over and”. Section 199(4). Section 211(5). In section 221(2), paragraph (b) together with the word “or” immediately preceding it. Section 279. In section 330(5)(a), the entry relating to section 161(7). In Schedule 8, paragraphs 12, 15 and 17(5). Schedule 24. In Schedule 32, paragraphs 2(2), 8(2)(a), 14, 64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to 105, 106(2), 107, 122, 123(3), (5) and (8), 125, 127, 128, 129, 131(3) and 138.
Title Extent of repeal or revocation Criminal Justice Act 1991 (c. 53) In section 45— in subsection (3), subsection (2) of the substituted text, and subsection (4). Section 46(1). In section 46A— in subsection (1), the words “Subject to subsection (2) below,”; subsection (2); subsection (8). In section 50(2), the words from “but nothing” to the end. Crime (Sentences) Act 1997 (c. 43) In section 31(1), “(1) or (2)”. In Schedule 5, in paragraph 7, the words “the corresponding subsection of”. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In section 17— in subsection (1), paragraph (c) together with the word “and” immediately preceding it; subsection (5). Section 92(3). Criminal Justice Act 2003 (c. 44) In section 142(2)(a), the words “at the time of conviction”. In section 153(1), the words “falling to be”. In section 224(3), the definition of “relevant offence”. In section 227(1)(a), the words “, other than a serious offence,”. In section 228— in subsection (1)(b)(ii), the words from “or by section 226(3)” to the end, and subsection (3)(a) and the word “and” immediately following it. In section 229— in subsection (2) the words from the beginning to “18”, and subsections (3) and (4). Sections 233 and 234. In section 247— in subsection (2), the word “and” (at the end of paragraph (a)) and paragraph (b), and subsections (3), (4), (5) and (6). Section 254(3) to (5). In section 256— in subsection (2), the words “or (b)”; subsections (3) and (5). In section 260— subsections (3) and (3A); in subsection (6), in paragraph (a), the words “or (3)(e)” and paragraph (b). In section 264A(3), the words from “and none” to the end. In section 300— in subsection (1), paragraph (b) together with the word “or” immediately preceding it; in subsection (2)— the words from “or, as the case may be” to “young offender)”; the word “or” at the end of paragraph (a). Section 305(4)(e). Schedules 16 and 17. In Schedule 31, in paragraph 4(5)(a), “, (5)”. Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605) Regulation 2(2) and (3). Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950 Paragraph 30 of Schedule 2. Armed Forces Act 2006 (c. 52) In section 221— in subsection (3)(a) and (b) the words “in section 226(2)”, and subsection (4). In section 223(3), the words “to (4)”. In section 270— subsection (7), and in subsection (8), the word “Accordingly”. In Schedule 16, paragraphs 218 and 225.
Title Extent of repeal Criminal Appeal Act 1968 (c. 19) In section 4(2), the words “for the offence of which he remains convicted on that count”. In section 6— subsection (5); in subsection (7), the definition of interim hospital order. Section 11(6). In section 14— subsection (5); in subsection (7), the definition of interim hospital order. Section 16B(3). In section 31, in the heading, the words “under Part 1”. Section 31C(1) and (2). Courts-Martial (Appeals) Act 1968 (c. 20) Section 16(5). Section 25B(3). Section 36C(1) and (2). In section 43(1A), the word “or” at the end of paragraph (a). Judicature (Northern Ireland) Act 1978 (c. 23) In section 49— in subsection (2), the words from “or, where subsection (3) applies” to the end; subsection (3). Criminal Appeal (Northern Ireland) Act 1980 (c. 47) Section 10(6). Mental Health Act 1983 (c. 20) In Schedule 4, paragraph 23(d)(ii). Criminal Justice Act 1988 (c. 33) In section 36(9), the word “and” at the end of paragraph (ab). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In section 155— in subsection (1), the words from “or, where subsection (2) below applies” to the end; subsections (2) and (3). Criminal Justice Act 2003 (c. 44) Section 272(1).
Title Extent of repeal Children and Young Persons Act 1969 (c. 54) Section 23AA(4)(a). Bail Act 1976 (c. 63) Section 3AA(6) to (10) and (12). Magistrates' Courts Act 1980 (c. 43) Section 13(5). Section 24(1B). Prosecution of Offences Act 1985 (c. 23) Section 7A(6). Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) Section 8. Access to Justice Act 1999 (c. 22) Section 17A(5). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In section 3— in subsection (2), paragraph (b) and the word “or” immediately preceding it; in subsection (5), in paragraph (b), the words “paragraph (b) and”. Sexual Offences Act 2003 (c. 42) Section 86(4). Section 87(6). Criminal Justice Act 2003 (c. 44) Section 23A(7) to (9). In Schedule 3, paragraphs 13, 22 and 57(2). In Schedule 36, paragraph 50. In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.
Title Extent of repeal Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) In section 1, the words “any blasphemous libel, or”. Law of Libel Amendment Act 1888 (c. 64) In section 3, the words “blasphemous or”. In section 4, the words “blasphemous or”. Nuclear Material (Offences) Act 1983 (c. 18) Section 1(2). In section 6(1), the words “in this Act”. Public Order Act 1986 (c. 64) Section 29B(3). In section 29H— in subsection (1), the words “in England and Wales”; subsection (2). In section 29I— in subsection (2)(a), the words “in the case of an order made in proceedings in England and Wales,”; subsections (2)(b) and (4). In section 29L(1) and (2), the words “in England and Wales”. Sexual Offences Act 2003 (c. 42) In Schedule 2, in paragraph 1(d), the words “in relation to a photograph or pseudo-photograph showing a child under 16”. Terrorism Act 2006 (c. 11) Section 14.
Title Extent of repeal Commissioners for Revenue and Customs Act 2005 (c. 11) In Schedule 2, paragraph 14. Repatriation of Prisoners Act 1984 (c. 47) In section 1(4)(b) the words “under this Act”. Section 3(10). In section 8(1) the word “and” after the definition of “order”. Police and Justice Act 2006 (c. 48) Section 44(4).
Title Extent of repeal Police and Justice Act 2006 (c. 48) In Schedule 14, paragraph 55(5).
Title Extent of repeal Police Act 1996 (c. 16) In section 50(4), the words “, subject to subsection (3)(b),”. In section 54(2), the words “and the Central Police Training and Development Authority”. In section 97— in subsection (6), in each of paragraphs (b) and (c), the words “or is required to resign as an alternative to dismissal”; in subsection (7), the words “, or required to resign as an alternative to dismissal,”. In Schedule 6, paragraph 6. Greater London Authority Act 1999 (c. 29) In Schedule 27, paragraphs 95 and 107. Criminal Justice and Police Act 2001 (c. 16) In section 125— subsections (3) and (4); in subsection (5), paragraph (b), together with the word “and” immediately preceding it. Police Reform Act 2002 (c. 30) In Schedule 3— paragraphs 20A(8), 20B(5) and 20E(5); paragraph 20G together with the cross heading immediately preceding it; in paragraphs 21A(5) and 24B(2), the words from “(and the other provisions” to the end; paragraph 22(1)(c) (together with the word “or” immediately preceding it); in paragraph 25, the word “and” immediately after each of sub-paragraphs (2)(b), (3)(b) and (5)(b). Railways and Transport Safety Act 2003 (c. 20) Section 43. Police and Justice Act 2006 (c. 48) In section 49(1), paragraph (c) together with the word “or” immediately preceding it. In Schedule 1, paragraph 30(3). In Schedule 2, paragraph 19. Legal Services Act 2007 (c. 29) In Schedule 21, paragraphs 73 and 119.
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in the heading, at the end insert “: offenders aged 18 or over”, and
in subsection (2)(a) omit “at the time of conviction”.
In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—
“offending” includes re-offending;
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After section 150 of the Criminal Justice Act 2003 (community sentence not available where sentence fixed by law etc.) insert—
Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.
Before subsection (1) insert—
In subsection (1)—
for “Subsection (2) applies where” substituteThis subsection applies to the offender if—;
for paragraph (a) substitute—;
in paragraph (b) for “he” substitute “the offender”.
After subsection (1) insert—
In subsection (3)(a) after “(1)(b)” insert “or (1A)(b) (as the case may be)”.
In subsections (4), (5) and (6), for “subsection (1)(b)” insert “subsections (1)(b) and (1A)(b)”.
In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “or 151(2)”.
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In section 225 of the Criminal Justice Act 2003 (life sentence or imprisonment for public protection), for subsection (3) substitute—
After Schedule 15 to that Act, insert the Schedule set out in Schedule 5 to this Act.
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Section 227 of the Criminal Justice Act 2003 (extended sentence for certain violent or sexual offences: persons 18 or over) is amended as follows.
In subsection (1)—
in paragraph (a) the words “, other than a serious offence,” are omitted, and
after paragraph (b) insert, but
In subsection (2) —
for “The court must” substitute “The court may”, and
for the words from “that is to say” to the end substitute “if the condition in subsection (2A) or the condition in subsection (2B) is met.”
After subsection (2) insert—
In subsection (3) for “subsection (2)” substitute “subsections (2B) and (2C)”.
After subsection (5) insert—
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Section 228 of the Criminal Justice Act 2003 (c. 44) (extended sentence for certain violent or sexual offences: persons under 18) is amended as follows.
In subsection (1)(b)(ii) the words from “or by section 226(3)” to the end are omitted.
In subsection (2) —
for “The court must” substitute “The court may”, and
for the words from “, that is to say” to the end substitute “if the condition in subsection (2A) is met.”
After subsection (2) insert—
In subsection (3)—
for “subsection (2)” substitute “subsections (2A) and (2B)”, and
paragraph (a) is omitted.
After subsection (6) insert—
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Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness) is amended as follows.
In subsection (2)—
the words from the beginning to “18” are omitted,
after paragraph (a) insert—, and
in paragraph (b) for “the offence” substitute “any of the offences mentioned in paragraph (a) or (aa)”.
After subsection (2) insert—
Subsections (3) and (4) are omitted.
Schedules 16 and 17 to that Act are omitted.
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In section 231 of the Criminal Justice Act 2003 (c. 44) (appeals where previous convictions set aside), for subsection (1) substitute—
In section 232 of that Act (certificates for purposes of section 229)—
in the heading for “section 229” substitute “sections 225 and 227”,
in paragraph (a)—
for “the commencement of this section” substitute “the commencement of Schedule 15A”, and
for “a relevant offence” substitute “an offence specified in that Schedule”, and
for “section 229” substitute “sections 225(3A) and 227(2A)”.
Section 234 of that Act (determination of day when offence committed) is omitted.
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Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (determination of tariffs in cases where the sentence is not fixed by law) is amended as follows.
In Case A or Case B below, this subsection has effect subject to, and in accordance with, subsection (3C) below.
After subsection (3) insert—
In subsection (4A) (no order to be made under subsection (4) in the case of certain sentences) after “No order under subsection (4) above may be made” insert “, and Case A above does not apply,”.
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Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.
In section 181 (consecutive terms of imprisonment complying with section 181) after subsection (7) insert—
In section 264A (consecutive terms: intermittent custody)—
in subsection (3), omit the words from “and none” to the end;
in subsection (4)(b), for “the longest of the total” substitute “all the”; and
“licence period” has the same meaning as in section 183(3);
In section 265 (restriction on consecutive sentences for released prisoners)—
in subsection (1), for “early under this Chapter” substitute—; and
after that subsection insert—
Any saving by virtue of which section 84 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released prisoners) continues to apply in certain cases (despite the repeal of that section by the Criminal Justice Act 2003) shall cease to have effect.
The Criminal Justice Act 2003 (c. 44) is amended as follows.
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In the italic heading before section 240, after “custody” insert “ or on bail subject to certain types of condition ”.
After section 240 insert—
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In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.
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The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).
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In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.
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in subsection (8) for “in custody” substitute—; and
in subsection (9) for “in custody” substitute “as mentioned in that subsection”.
In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—
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In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substituteand
Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.
In subsection (2)—
the word “and” at the end of paragraph (a) is omitted, and
paragraph (b) is omitted.
Subsections (3), (4), (5) and (6) are omitted.
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Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners: offences committed before 4th April 2005 etc.) is amended as follows.
In section 33 (duty to release short-term and long-term prisoners), after subsection (1) insert—
In that section, in subsection (2) after “a long-term prisoner” insert “to whom subsection (1A) does not apply”.
In section 35 (power to release long-term prisoners etc.) after subsection (1) insert—
In section 37 (duration and conditions of licences)—
in subsection (1), for “(1B) and (2)” substitute “(1B), (2) and (8)”, and
after subsection (7) insert—
After section 37 insert—
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The following provisions of Part 2 of the Criminal Justice Act 1991 (c. 53) (which apply to persons sentenced for offences committed before 4th April 2005 etc.) cease to have effect— and, accordingly, the Parole Board (Transfer of Functions) Order 1998 (S.I. 1998/3218) applies to prisoners liable to removal as it applies to other prisoners.
section 46(1) (which makes the early release power under section 35(1) exercisable in relation to long term prisoners liable to removal without a Parole Board recommendation), and
in section 50(2), the words from “but nothing” to the end (which exclude prisoners liable to removal from the cases in which prisoners must be released if recommended for release by the Parole Board);
In this section “prisoners liable to removal” means prisoners liable to removal from the United Kingdom (within the meaning of section 46(3) of the Criminal Justice Act 1991).
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Section 45 of the Criminal Justice Act 1991 (fine defaulters and contemnors: persons committed to prison before 4th April 2005) is amended as follows.
In subsection (2) after “(3)” insert “, (3A)”.
In subsection (3)—
for “the following subsections” substitute “the following subsection”, and
in the substituted text, subsection (2) is omitted.
After subsection (3) insert—
Subsection (4) is omitted.
In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—
subsections (3) to (5) cease to have effect;
in subsection (7) for “subsections (2) to (6)” substitute “ this section ”.
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Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.
In subsection (1) for paragraph (b) substitute—
In subsection (2) omit “or (b)”.
Subsections (3) and (5) cease to have effect.
In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.
After section 256 insert—
Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.
For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—
In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.
In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.
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Before section 51 of the Criminal Justice Act 1991 (c. 53) insert—
The savings made by paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) in respect of sections 249 and 250 of the Criminal Justice Act 2003 (c. 44) do not apply in relation to a licence granted under Chapter 6 of Part 12 of that Act, or under section 36 of the Criminal Justice Act 1991 (c. 53), to a person to whom section 50A of the Criminal Justice Act 1991 applies.
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at the beginning of paragraph (a) insert “if liable to removal from the United Kingdom,”;
for “and” at the end of that paragraph substitute—;
at the beginning of paragraph (b) insert “in either case,”.
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In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.
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Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.
In subsection (1) (the power of removal)—
for “subsections (2) and (3)” substitute “ subsection (2) ”, and
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For subsection (2) (conditions relating to time) substitute—
Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.
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at the beginning of paragraph (a) insert “if liable to removal from the United Kingdom,”;
for “and” at the end of that paragraph substitute—;
at the beginning of paragraph (b) insert “in either case,”.
In subsection (6) (order-making powers)—
in paragraph (a) omit “or (3)(e)”,
omit paragraph (b), and
in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.
For subsection (7) (meaning of “requisite custodial period”) substitute—
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the italic heading preceding section 259 becomes “Persons liable to, or eligible for, removal from the United Kingdom”, and
the heading to section 260 becomes “Early removal of persons liable to, or eligible for, removal from the United Kingdom”.
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Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the referral conditions) is amended as follows.
In subsection (1)—
after “section 16(2) above” insert “and subsection (2) below”,
insert “and” at the end of paragraph (a), and
omit paragraph (c).
For subsections (1A) and (2) substitute—
Omit subsection (5).
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Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
After section 27 insert—
In paragraph 1(1) of Schedule 1 (youth offender panels: further court proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.
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Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
After section 27A (as inserted by section 36 above) insert—
In Schedule 1 (youth offender panels: further court proceedings), after Part 1 insert—
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Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of community order) is amended as follows.
Where— section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.
Where— section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.
Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for section 227 of the Sentencing Code (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).
The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
in the case of a person aged 16 or 17, an unpaid work requirement (see Part 3 of Schedule 6 to the Sentencing Code),
an attendance centre requirement (see Part 5 of that Schedule), or
a curfew requirement (see Part 7 of that Schedule).
In this section (and Schedule 7) “youth default order” means an order under subsection (2).
A youth default order—
may, in addition to any other requirement that it imposes, impose an electronic compliance monitoring requirement (see sections 173 and 174 of the Sentencing Code), and
must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.
Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—
sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 198A, 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions),
Parts 3, 5 and 7 of Schedule 6 (youth rehabilitation orders: requirements),
Schedule 7 (breach, revocation or amendment of youth rehabilitation order),
Part 17 of that Schedule (electronic monitoring requirements), so far as it applies to electronic compliance monitoring requirements,
Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and
paragraph 9 of Schedule 23 (power to amend limits).
Where a youth default order has been made for default in paying any sum—
on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and
on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.
In the heading for “or curfew requirement” substitute “ curfew requirement or attendance centre requirement ”.
In subsection (2), at the end of paragraph (b) insert, or .
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.
After paragraph 9 insert—
After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—
After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert—
In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of prosecution appeal by Court of Appeal) for subsection (5) substitute—
In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for paragraph (5) substitute—
Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.
In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law
In subsection (9) after paragraph (b) insert, and
Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in criminal cases.
Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—
to make provision for the giving of youth conditional cautions to children and young persons, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).
Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.
The provisions of Schedule 10 (and this section) extend only to England and Wales.
Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.
In section 112 (criminal conviction certificates)—
in the definition of “central records”, after “convictions” insert “ and conditional cautions ”;
after that definition insert—
In section 113A(6) (criminal record certificates)—
in the definition of “exempted question”, after “a question” insertwhich— ;
in that definition, at the end insert; and— ;
in the definition of “relevant matter”, after “caution” insert “ , including a caution that is spent for the purposes of Schedule 2 to that Act ”.
This section extends to England and Wales only.
Schedule 11 makes provision in connection with the electronic monitoring of persons released on bail subject to conditions.
Schedule 12—
imposes a duty on a magistrates' court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and
amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).
Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court).
Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is amended as follows.
This is subject to subsections (2), (2A), (3) and (4).
After subsection (2) insert—
In each of subsections (3) and (4), for “A magistrates' court” substitute “ In proceedings to which this subsection applies, the court. ”
After subsection (3) insert—
After subsection (4) insert—
Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.
Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.
In subsection (2) (powers of designated non-legal staff)—
in paragraph (a)(ii), after “trials” insert “ of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over ”;
after paragraph (a)(ii) insert—;
for paragraph (b) substitute—
For subsection (5) (interpretation) substitute—
Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).
After subsection (7) insert—
In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “ , 7(1) and 7A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows.
In section 14(1) (representation)—
after “criminal proceedings” insert “and about the provisional grant of a right to representation in prescribed circumstances”;
after “granted” insert “, or provisionally granted,”.
In section 15(1) (selection of representative) after “granted” insert “, or provisionally granted,”.
In section 25(9) (orders, regulations and directions subject to affirmative resolution procedure) for “paragraph 2A” substitute “paragraph 1A, 2A,”.
and, for the purposes of the definition of “representation”, “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation concerned.
After paragraph 1 of Schedule 3 (individuals to whom right may be granted) insert—
In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of sub-paragraph (1)(b) insert—
In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation) after “grant” insert “, or provisional grant,”.
In paragraph 3B of Schedule 3 (financial eligibility)—
in sub-paragraph (1)—
after “grant” insert “, or provisionally grant,”,
after “granted” insert “, or provisionally granted,”;
in sub-paragraph (2)(a), after “granted” insert “, or provisionally granted,”.
This paragraph does not apply in relation to any right to representation granted in accordance with paragraph 1A.
In paragraph 5 of Schedule 3 (criteria for grant of right)—
in sub-paragraph (1), after “grant” insert “, or provisionally grant,”;
For the purposes of sub-paragraph (2), “proceedings” includes, in the context of a provisional grant of a right to representation, proceedings that may result from the investigation in which the individual is involved.
in sub-paragraph (4), after “grant” insert “, or provisional grant,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Access to Justice Act 1999 (c. 22) is amended as follows.
In section 25(9) (orders, regulations and directions subject to affirmative resolution procedure), for “or 4” substitute “4 or 6”.
In Schedule 3 (criminal defence service: right to representation), after paragraph 5 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Access to Justice Act 1999 (c. 22) is amended as follows.
In section 17A (contribution orders) omit subsection (5) (piloting of regulations).
After section 18 insert—
In section 25 (regulations, orders and directions) after subsection (9A) insert—
The Criminal Justice Act 1987 (c. 38) is amended as follows.
After section 2 insert—
In section 17 (extent)—
in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “ sections 2 and 2A ”; and
in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “ , 2A ”.
In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—.
In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “ (or any particular of any matter of fact) ”.
The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.
Section 133 (compensation for miscarriages of justice) is amended as follows.
At the end of subsection (2) (compensation only payable if application for compensation is made) insertbefore the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.
For subsection (4A) substitute—
After subsection (5) (meaning of “reversed” in relation to a conviction) insert—
In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “ and section 133A ”.
After section 133 insert—
In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “ sections 133 to 133B ”.
This section extends to England and Wales and Northern Ireland.
Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.
The following provisions, namely— extend to England and Wales and Northern Ireland.
subsection (1), and
the repeal of section 8 of that Act in Part 4 of Schedule 28,
It is an offence for a person to be in possession of an extreme pornographic image.
An “extreme pornographic image” is an image which is both—
pornographic, and
an extreme image.
An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
the image itself, and
(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
So, for example, where— the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
an image forms an integral part of a narrative constituted by a series of images, and
having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
In relation to possession of an image in Northern Ireland, an “extreme image” is an image which—
falls within subsection (7) or (7A) , and
is grossly offensive, disgusting or otherwise of an obscene character.
In relation to possession of an image in England and Wales, an “extreme image” is an image which—
falls within subsection (7) or (7A), and
is grossly offensive, disgusting or otherwise of an obscene character.
An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following— and a reasonable person looking at the image would think that any such person or animal was real.
an act which threatens a person's life,
an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,
an act which involves sexual interference with a human corpse, or
a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
In this section “image” means—
a moving or still image (produced by any means); or
data (stored by any means) which is capable of conversion into an image within paragraph (a).
In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following— and a reasonable person looking at the image would think that the persons were real.
an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or
an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,
Proceedings for an offence under this section may not be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
For the purposes of subsection (7A)—
penetration is a continuing act from entry to withdrawal;
“vagina” includes vulva.
Section 63 does not apply to excluded images.
An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
But such an image is not an “excluded image” if—
it is contained in a recording of an extract from a classified work, and
it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to— and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
the image itself, and
(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to— is to be disregarded.
a defect caused for technical reasons or by inadvertence on the part of any person, or
the inclusion in the recording of any extraneous material (such as advertisements),
Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
In this section—
“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;
In section 188(4) (consecutive custodial sentences), after “Part 12 of the 2003 Act” insert “or under Part 2 of the Criminal Justice Act 1991”.
Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
In its application to a youth default order, paragraph 14 of Schedule 1 (curfew requirement) is modified as follows. In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column. Amount Number of days An amount not exceeding £200 20 An amount exceeding £200 but not exceeding £500 30 An amount exceeding £500 but not exceeding £1,000 60 An amount exceeding £1,000 but not exceeding £2,000 90 An amount exceeding £2,000 180
In its application to a youth default order, Schedule 3 is modified as follows. Nothing in sub-paragraph (1) affects the application of section 39(7) to a youth default order made or amended in accordance with paragraph 1 or 2. Paragraph 12 has effect as if, after paragraph (b) there were inserted—.
In section 253(2)(h) (duties in complying with section 252) for “section 151(2) of the 2003 Act as applied by section 270 of this Act” substitute “section 270B(4)”.
In section 254(1) (savings for powers to mitigate sentence etc.) for “and 270” substitute “, 270 and 270B”.
Section 270 (community punishments: general restrictions etc.) is amended as follows. After subsection (6) insert— Subsection (7) is omitted. In subsection (8)—
After section 270 insert—
A youth rehabilitation order must specify a date, not more than 3 years after the date on which the order takes effect, by which all the requirements in it must have been complied with. A youth rehabilitation order which imposes two or more different requirements falling within Part 2 of this Schedule may also specify an earlier date or dates in relation to compliance with any one or more of them. In the case of a youth rehabilitation order with intensive supervision and surveillance, the date specified for the purposes of sub-paragraph (1) must not be earlier than 6 months after the date on which the order takes effect.
The Secretary of State may by order— An order under this paragraph may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of suspended sentence orders) in relation to suspended sentence orders. An order under this paragraph may repeal or amend any provision of—
Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is to be treated—
if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;
if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, as having been made by the Crown Court.
This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule. The court may adjourn the hearing, and, where it does so, may— Where the court remands the offender under sub-paragraph (2)— Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender— The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980 (c. 43). This paragraph—
The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by substituting, for— such other period as may be specified in the order.
the period of 18 months specified in the provision, or
any other period which may be so specified by virtue of a previous order under this paragraph,
The Children and Young Persons Act 1933 has effect subject to the following amendments.
The Child Support, Pensions and Social Security Act 2000 has effect subject to the following amendments.
Section 23 (evidence) is amended as follows. In subsection (1) after “an appeal” insert “, or an application for leave to appeal,”. In that subsection, for paragraph (b) substitute—. After subsection (1) insert— In subsection (4) after “an appeal” insert “, or an application for leave to appeal,”. After subsection (5) insert—
Section 37 (detention of defendant on appeal by Crown) is amended as follows. In subsection (2) for the words from “may make” to the end substituteshall make— After subsection (2) insert— In subsection (3) for “this section” substitute “subsection (2)(a)”. In subsection (4) for “this section” (in each place where it occurs) substitute “subsection (2)(a)”. In subsection (4A) for “this section” (in the first place where it occurs) substitute “subsection (2)(a)”. For subsection (5) substitute—
A person commits an offence if— A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale. For the purposes of this paragraph— In this paragraph—
For section 42(3) substitute—
In section 209 (offenders under 18 convicted of certain serious offences), in subsection (7) for “sections 221, 222 and 227” substitute “section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) and section 227 of this Act”.
Section 276 (compensation for miscarriages of justice) is amended as follows. In subsection (1) for “subsections (2) and (3)” substitute “subsections (2) to (3A)”. At the end of subsection (3) insertbefore the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned. For subsection (6) substitute— After subsection (7) insert—
Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows. After paragraph (a) insert—. After paragraph (b) insert—.
Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows. In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”. After subsection (7A) insert—
Section 62 (loss of benefit for breach of community order) is amended as follows. In the definition of “relevant community order” in subsection (8)— In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.
Section 219 (dangerous offenders aged 18 or over) is amended as follows. In subsection (1) for the words from “a person” to the end substitute— For subsections (2) and (3) substitute— For the italic cross-heading before section 219 substitute “Required or discretionary sentences for particular offences”.
After section 276 insert—
Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows. In subsection (2), for paragraphs (c) and (d) substitute— In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it). In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders)”. In subsection (13), omit paragraph (c)(i).
Section 64 (information provision) is amended as follows. In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)”. In subsection (7) after paragraph (b) insert—.
Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows. In subsection (1) for the words from “a person” to the end substitute— For subsection (2) substitute— In subsection (3)— After subsection (3) insert—
In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “276A(7),”.
Section 221 (dangerous offenders aged under 18) is amended as follows. In subsection (1) for the words from “a person” to the end substitute— For subsection (2) substitute— In subsection (3)— Subsection (4) is omitted.
Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows. In subsection (1), in paragraph (d) for the words from “section 221” to the end substitute “section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) to impose a sentence of detention for life.” For subsection (2) substitute— In subsection (3)— After subsection (3) insert—
Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows. In subsection (1) for “219(2), 220(2), 221(2)” substitute “219(1), 220(1), 221(1)”. In subsection (2) for “section 229(2) to (4)” substitute “section 229(2) and (2A)”. In subsection (3) the words “to (4)” are omitted.
Section 228 (appeals where previous convictions set aside) is amended as follows. For subsection (1) substitute—
In section 237 (purposes of sentencing), in subsection (3)(b)—
for “to 222” substitute “, 221”, and
for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
In section 256 (pre-sentence reports), in subsection (1)(c) for the words from “section” to the end substitute “section 219(1), 220(1), 221(1) or 222(1) (sentences for dangerous offenders).”
In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)(b) for the words from “as a result” to the end substitute “under section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or as a result of any of sections 225 to 227 of this Act.”
In section 261 (length of discretionary custodial sentences: general provision)—
in subsection (1) for “falling to be imposed as a result of section 219(2) or 221(2)” substitute “imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act)”, and
in subsection (3) for “required minimum sentences” substitute “sentences that may or must be imposed”.
In section 273 (review of unduly lenient sentences by Court Martial Appeal Court), in subsection (6)(b) for “section 219, 220, 221, 222, 225, 226 or 227” substitute “section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act”.
Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.
Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
The matters are—
that the person had a legitimate reason for being in possession of the image concerned;
that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
that the person—
was sent the image concerned without any prior request having been made by or on behalf of the person, and
did not keep it for an unreasonable time.
In this section “extreme pornographic image” and “image” have the same meanings as in section 63.
Subsection (2) applies where in Northern Ireland —
a person (“D”) is charged with an offence under section 63, and
the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
Subsection (A2) applies where in England and Wales—
a person (“D”) is charged with an offence under section 63, and
the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
It is a defence for D to prove—
that D directly participated in the act or any of the acts portrayed, and
that the act or acts did not involve the infliction of any non-consensual harm on any person, and
if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse; and
if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
It is a defence for D to prove—
that D directly participated in the act or any of the acts portrayed, and
that the act or acts did not involve the infliction of any non-consensual harm on any person, and
if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and
if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.
This section has effect where a person is guilty of an offence under section 63.
If the offence relates to an image that portrays any relevant act (with or without other acts) , the offender is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
If the offence relates to an image that does not portray any relevant act, the offender is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
In subsection (2)(a) or (3)(a) “the relevant period” means—
in relation to England and Wales, the general limit in a magistrates’ court;
in relation to Northern Ireland, 6 months.
In this section “relevant act” means—
in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
in relation to Northern Ireland, an act within section 63(7)(a) or (b) or (7A)(a) or (b).
Schedule 14 makes special provision in connection with the operation of section 63 in relation to persons providing information society services within the meaning of that Schedule.
The Protection of Children Act 1978 (c. 37) is amended as follows.
In section 1B(1)(b) (exception for members of the Security Service)—
after “Security Service” insert “ or the Secret Intelligence Service ”;
for “the Service” substitute “ that Service ”.
After section 7(4) (meaning of photograph), insert—
In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.
The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.
In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.
After Article 2(2) insert—
In article 3A(1)(b) (exception for members of the Security Service)—
after “Security Service” insert “ or the Secret Intelligence Service ”;
for “the Service” substitute “ that Service ”.
In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum penalty on indictment for publication etc. of obscene articles) for “three years” substitute “ five years ”.
For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—
Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.
In paragraph 1 (offences under the law of England and Wales)—
for paragraphs (a) and (b) substitute—;
in paragraph (c), for “16” substitute “ 18 ”; and
in paragraph (d), omit “in relation to a photograph or pseudo-photograph showing a child under 16”.
In paragraph 2 (offences under the law of Northern Ireland)—
in sub-paragraph (1)(c)(iv), for “17” substitute “ 18 ”; and
in sub-paragraph (2), for “17” substitute “ 18 ”.
Schedule 15—
amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.),
amends that Act in relation to adoption, and
amends the Adoption Act 1976 (c. 36) in relation to offences under sections 64 and 65 of the Sexual Offences Act 2003.
Schedule 16—
amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation, and
makes minor amendments of that Part.
Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create— and makes other amendments to that Act.
further offences relating to the physical protection of nuclear material, and
offences relating to the physical protection of nuclear facilities,
Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).
This section applies where in proceedings for an offence—
an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and
the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.
The defences are—
the common law defence of self-defence; and
the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).
the common law defence of defence of property; and
The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.
If D claims to have held a particular belief as regards the existence of any circumstances—
the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not—
it was mistaken, or
(if it was mistaken) the mistake was a reasonable one to have made.
But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.
In a case other than a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.
In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.
In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—
that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
Subsections (6A) and (7) are not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).
In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.
This section , except so far as making different provision for householder cases, is intended to clarify the operation of the existing defences mentioned in subsection (2).
In this section—
“legitimate purpose” means—
the purpose of self-defence under the common law, or
the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);
the purpose of defence of property under the common law, or
references to self-defence include acting in defence of another person; and
references to the degree of force used are to the type and amount of force used.
For the purposes of this section “a householder case” is a case where—
the defence concerned is the common law defence of self-defence,
the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),
D is not a trespasser at the time the force is used, and
at that time D believed V to be in, or entering, the building or part as a trespasser.
Where— that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.
a part of a building is a dwelling where D dwells,
another part of the building is a place of work for D or another person who dwells in the first part, and
that other part is internally accessible from the first part,
Where— that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.
a part of a building is forces accommodation that is living or sleeping accommodation for D,
another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and
that other part is internally accessible from the first part,
Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).
The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).
In subsections (8A) to (8C)—
“building” includes a vehicle or vessel, and
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The Secretary of State may by order provide for a person who is guilty of an offence under section 55 of the Data Protection Act 1998 (c. 29) (unlawful obtaining etc. of personal data) to be liable—
on summary conviction, to imprisonment for a term not exceeding the specified period or to a fine not exceeding the statutory maximum or to both,
on conviction on indictment, to imprisonment for a term not exceeding the specified period or to a fine or to both.
In subsection (1)(a) and (b) “specified period” means a period provided for by the order but the period must not exceed—
in the case of summary conviction, 12 months (or, in Northern Ireland, 6 months), and
in the case of conviction on indictment, two years.
The Secretary of State must ensure that any specified period for England and Wales which, in the case of summary conviction, exceeds 6 months is to be read as a reference to 6 months so far as it relates to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' courts from 6 to 12 months for certain offences triable either way).
Before making an order under this section, the Secretary of State must consult—
the Information Commissioner,
such media organisations as the Secretary of State considers appropriate, and
such other persons as the Secretary of State considers appropriate.
An order under this section may, in particular, amend the Data Protection Act 1998.
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The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.
In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.
In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.
Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.
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In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums imposed on conviction) in paragraph 38 (the range of further steps available against defaulters)—
after sub-paragraph (1)(e) insert—, and
A certificate requesting enforcement under the Framework Decision on financial penalties may only be issued where— In this paragraph, references to a certificate requesting enforcement under the Framework Decision on financial penalties are to be construed in accordance with section 92(3) of the Criminal Justice and Immigration Act 2008.
The designated officer for a magistrates' court may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—
a person is required to pay a financial penalty,
the penalty is not paid in full within the time allowed for payment,
there is no appeal outstanding in relation to the penalty,
Schedule 5 to the Courts Act 2003 (c. 39) does not apply in relation to the enforcement of the penalty, and
it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.
For the purposes of subsection (2)(c), there is no appeal outstanding in relation to a financial penalty if—
no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or
such an appeal has been brought but the proceedings on appeal have been concluded.
Where the person required to pay the financial penalty is a body corporate, subsection (2)(e) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.
In this section, “financial penalty” means—
a fine imposed by a court in England and Wales on a person’s conviction of an offence;
any sum payable under a compensation order (within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6));
a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);
any sum payable under any such order as is mentioned in paragraphs 1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (orders for payment of costs);
any sum payable by virtue of section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay fines etc.);
any fine or other sum mentioned in section 82(4)(b)(i) to (iv), or any fine imposed by a court in Scotland, which is enforceable in a local justice area in England and Wales by virtue of section 91 of the Magistrates' Courts Act 1980 (c. 43);
any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.
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This section applies where—
a magistrates' court or a fines officer has, under paragraph 39(3)(b) or 40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate requesting enforcement under the Framework Decision on financial penalties, or
the designated officer for a magistrates' court has issued such a certificate under section 80(2) of this Act.
The fines officer (in the case of a certificate issued by the officer) or the designated officer for the magistrates' court (in any other case) must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.
On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.
Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in England and Wales except in accordance with provision made by order by the Lord Chancellor.
Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.
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A designated officer of the Northern Ireland Court Service may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—
a person is required to pay a financial penalty,
the penalty is not paid in full within the time allowed for payment,
there is no appeal outstanding in relation to the penalty, and
it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.
For the purposes of subsection (1)(c), there is no appeal outstanding in relation to a financial penalty if—
no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or
such an appeal has been brought but the proceedings on appeal have been concluded.
Where the person required to pay the financial penalty is a body corporate, subsection (1)(d) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.
In this section—
“designated officer of the Northern Ireland Court Service” means a member of the staff of the Northern Ireland Court Service designated by the Lord Chancellor for the purposes of this section;
“financial penalty” means—
a fine imposed by a court in Northern Ireland on a person’s conviction of an offence;
any sum payable under a compensation order (within the meaning of Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.1994/2795 (N.I.15));
any sum payable under an order made under section 2(1), 4(1) or 5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
any sum payable by virtue of Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9) (orders requiring parents to pay fines etc.);
any fine or other sum mentioned in section 80(5)(a) to (e), or any fine imposed by a court in Scotland, which is enforceable in a petty sessions district in Northern Ireland by virtue of Article 96 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26));
any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.
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This section applies where a designated officer has issued a certificate under section 82(1).
The designated officer must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.
On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.
Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in Northern Ireland except in accordance with provision made by order by the Lord Chancellor.
Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.
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This section applies where—
the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
a certificate requesting enforcement under the Framework Decision on financial penalties, and
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
the financial penalty is suitable for enforcement in England and Wales (see section 91(1)).
If the certificate states that the person required to pay the financial penalty is normally resident in England and Wales, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for the local justice area in which it appears that the person is normally resident.
Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the designated officer for such local justice area as appears appropriate.
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the designated officer a notice—
stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and
giving reasons for that opinion.
Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the local justice area in which it appears that the person is normally resident were a reference to the local justice area in which it appears that the person has its registered office.
Where— this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and
without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,
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This section applies where the Lord Chancellor gives the designated officer for a local justice area—
a certificate requesting enforcement under the Framework Decision on financial penalties,
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
a notice under section 84(4).
The designated officer must refer the matter to a magistrates' court acting for that area.
The magistrates' court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).
The designated officer must inform the Lord Chancellor of the decision of the magistrates' court.
Subsection (6) applies unless the magistrates' court is satisfied that one or more of the grounds for refusal apply.
The enactments specified in subsection (7) apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates' court on the date when the court made the decision mentioned in subsection (4).
The enactments specified in this subsection are—
Part 3 of the Magistrates' Courts Act 1980 (c. 43) (satisfaction and enforcement);
Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc. and discharge of fines etc. by unpaid work);
any subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under the enactments specified in paragraphs (a) and (b).
If the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid, the reference in subsection (6) to the financial penalty is to be read as a reference to such part of the penalty as remains unpaid.
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Section 90 of the Magistrates' Courts Act 1980 is modified as follows in its application to financial penalties by virtue of section 85(6) of this Act.
Subsection (1) applies as if for the words from “he is residing” to the end of that subsection there were substitutedhe is residing, or has property or a source of income, in any petty sessions district in Northern Ireland—
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This section applies where—
the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
a certificate requesting enforcement under the Framework Decision on financial penalties, and
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
the financial penalty is suitable for enforcement in Northern Ireland (see section 91(1)).
If the certificate states that the person required to pay the financial penalty is normally resident in Northern Ireland, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for the petty sessions district in which it appears that the person is normally resident.
Otherwise, the Lord Chancellor must give the documents mentioned in subsection (1)(a) to the clerk of petty sessions for such petty sessions district as appears appropriate.
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor must also give the clerk of petty sessions a notice—
stating whether the Lord Chancellor thinks that any of the grounds for refusal apply (see section 91(2)), and
giving reasons for that opinion.
Where the person required to pay the financial penalty is a body corporate, subsection (2) applies as if the reference to the petty sessions district in which it appears that the person is normally resident were a reference to the petty sessions district in which it appears that the person has its registered office.
Where— this section applies as if the competent authority or central authority of the other member State gave the documents to the Lord Chancellor.
the competent authority or central authority of a member State other than the United Kingdom gives the central authority for Scotland the documents mentioned in subsection (1)(a), and
without taking any action to enforce the financial penalty in Scotland, the central authority for Scotland gives the documents to the Lord Chancellor,
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This section applies where the Lord Chancellor gives the clerk of petty sessions for a petty sessions district—
a certificate requesting enforcement under the Framework Decision on financial penalties,
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, and
a notice under section 87(4).
The clerk must refer the matter to a magistrates' court acting for the petty sessions district.
The magistrates' court must decide whether it is satisfied that any of the grounds for refusal apply (see section 91(2)).
The clerk must inform the Lord Chancellor of the decision of the magistrates' court.
Subsection (6) applies unless the magistrates' court is satisfied that one or more of the grounds for refusal apply.
Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)), and any instrument made under that Part, apply in relation to the financial penalty as if it were a sum adjudged to be paid by a conviction of the magistrates' court on the date when the court made the decision mentioned in subsection (4).
If the certificate requesting enforcement under the Framework Decision on financial penalties states that part of the financial penalty has been paid, the reference in subsection (6) to the financial penalty is to be read as a reference to such part of the penalty as remains unpaid.
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Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 is modified as follows in its application to financial penalties by virtue of section 88(6) of this Act.
Article 92 applies in relation to any financial penalty for an amount exceeding £20,000 as if for paragraph (5) there were substituted—
For the purposes of subsection (2), if the amount of a financial penalty is specified in a currency other than sterling, that amount must be converted to sterling by reference to the London closing exchange rate on the relevant date.
In subsection (3), the “relevant date” means the date on which the decision imposing the financial penalty was made.
Article 95 applies as if for the words from “he is residing” in paragraph (1) to the end of that paragraph there were substitutedhe is residing, or has property or a source of income, in any local justice area in England and Wales—
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This section applies where—
the competent authority or central authority of a member State other than the United Kingdom gives the Lord Chancellor—
a certificate requesting enforcement under the Framework Decision on financial penalties, and
the decision, or a certified copy of the decision, requiring payment of the financial penalty to which the certificate relates, but
the Lord Chancellor is not required by section 84 or 87 to give the documents to a designated officer for a local justice area in England and Wales or to a clerk of petty sessions for a petty sessions district in Northern Ireland.
If the certificate states that the person is normally resident or has property or a source of income in Scotland, the Lord Chancellor must give the documents to the central authority for Scotland.
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Schedule 18 specifies when a financial penalty is suitable for enforcement in England and Wales for the purposes of section 84(1) and when a financial penalty is suitable for enforcement in Northern Ireland for the purposes of section 87(1).
Schedule 19 specifies the grounds for refusal for the purposes of sections 84(4)(a), 85(3) and (5), 87(4)(a) and 88(3) and (5).
The Lord Chancellor may by order make further provision for or in connection with giving effect to the Framework Decision on financial penalties.
An order under section 81(4), 83(4) or subsection (3) of this section may in particular modify, amend, repeal or revoke any provision of—
any Act (including this Act and any Act passed in the same Session as this Act);
subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act;
Northern Ireland legislation passed, or made, before the passing of this Act;
any instrument made, before the passing of this Act, under Northern Ireland legislation.
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In sections 80 to 91 and Schedules 18 and 19—
Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales, that court may— and any enactment relating to the exercise of such powers has effect accordingly, and with any reference to the responsible officer being read as a reference to the relevant officer.
issue a warrant for the offender’s arrest, and
exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales,
The Health Services and Public Health Act 1968 has effect subject to the following amendments.
In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment of community order), after paragraph 25 insert—
Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.
Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows. After subsection (3C) insert—
Section 3A (regulations relating to disciplinary matters) is amended as follows. For subsection (1) substitute— For subsection (2) substitute—
Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.
Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows. In subsection (1) for “may make an order under this section” substitute “shall make one of the orders specified in subsection (1A)”. In subsection (1A)— After subsection (1B) insert— In subsection (2) for “under this section” substitute “within subsection (1A)(a) or (b)”. For subsection (5) substitute—
The Criminal Justice Act 2003 is amended as follows. In section 221(2) (provision of attendance centres) after paragraph (b) insert— In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)— In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert— In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”. In paragraph 5 of that Schedule, for “or 3” substitute “, 3 or 3A”.
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A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement. Nothing in— prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender if the offender fails to comply with an order under section 161(2) of the Criminal Justice Act 2003 (pre-sentence drug testing).
If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with a youth rehabilitation order, the responsible officer must give the offender a warning under this paragraph unless under paragraph 4(1) or (3) the responsible officer causes an information to be laid before a justice of the peace in respect of the failure. A warning under this paragraph must— The responsible officer must, as soon as practicable after the warning has been given, record that fact. In this paragraph, “warned period”, in relation to a warning under this paragraph, means the period of 12 months beginning with the date on which the warning was given.
This paragraph applies where— The court may deal with the offender in respect of that failure in any one of the following ways— Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9). In dealing with the offender under sub-paragraph (2), the court must take into account the extent to which the offender has complied with the youth rehabilitation order. A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. Any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1. Where— paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”. The court may not under sub-paragraph (2)(b) impose— if the order does not already impose such a requirement. Where— paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date. Where— that paragraph has effect as if references in it to the appropriate court were references to the court which is dealing with the offender. Where the court deals with the offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force. Sub-paragraphs (13) to (15) apply where— The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b). If— the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences). If— for the purposes of dealing with the offender under sub-paragraph (2)(c), the court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months. An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (2)(c).
Sub-paragraph (2) applies where a youth rehabilitation order imposes any of the following requirements in respect of an offender— The offender is not to be treated for the purposes of paragraph 6 or 8 as having failed to comply with the order on the ground only that the offender had refused to undergo any surgical, electrical or other treatment required by that requirement if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
This paragraph applies where— If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may— The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender’s making good progress or responding satisfactorily to supervision or treatment (as the case requires). In dealing with an offender under sub-paragraph (2)(b), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order. No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending. If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the Crown Court.
This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.
In section 5(5) (duty of offender to keep in touch with responsible officer), references to the responsible officer are to be read as references to the relevant officer.
The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.
In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and
in paragraph (b), after “1969” insert “or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008”.
Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.
Section 25 (evidence) is amended as follows. In subsection (1) after “an appeal” insert “, or an application for leave to appeal,”. In that subsection, for paragraph (b) substitute—. After subsection (1) insert— After subsection (3) insert—
In section 5(5) (rehabilitation periods for particular sentences) after paragraph (d) insert—.
Paragraph 10 is amended as follows. In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute—, and In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute—.
In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “, or an application for leave to appeal,”.
In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—.
Paragraph 11 is amended as follows. In sub-paragraph (2)— Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph— In sub-paragraph (3)— In sub-paragraph (4)— In sub-paragraph (5)— In sub-paragraph (8)—
Paragraph 15(b) does not enable the relevant court in England or Wales to amend the youth rehabilitation order unless it appears to the court that the conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any requirement to be imposed. The preceding paragraphs of this Schedule have effect in relation to the amendment of the youth rehabilitation order by virtue of paragraph 15(b) as they have effect in relation to the amendment of such an order by virtue of paragraph 2(2).
In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—
in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “section 92 of”, and
after that paragraph, insert—.
For the cross-heading preceding section 30 substitute—. Before section 30 (but after the cross-heading preceding it) insert—
Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.
In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—.
In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—
Before section 36 (but after the cross-heading preceding it) insert—
In section 36 (powers of Court under Part 2 which are exercisable by single judge), in subsection (1) after paragraph (h) insert—.
This paragraph applies where— If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court— amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order. Sub-paragraph (2) is subject to paragraph 15. The appropriate court may by order amend the youth rehabilitation order— Sub-paragraph (4) is subject to paragraph 16. In this paragraph, “the appropriate court” means—
Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1. Where— paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date. The court may not under paragraph 13(4) or 14(4) impose— unless the offender has expressed willingness to comply with the requirement. If an offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 13(4) or 14(4), the court may— In dealing with the offender under sub-paragraph (4)(b), the court must take into account the extent to which the offender has complied with the order.
Sub-paragraph (2) applies where an offender is arrested in pursuance of a warrant issued by virtue of this Schedule and cannot be brought immediately before the court before which the warrant directs the offender to be brought (“the relevant court”). The person in whose custody the offender is— In the case of a warrant issued by the Crown Court, section 81(5) of the Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates' court) does not apply. A person who is detained under arrangements made under sub-paragraph (2)(a) is deemed to be in legal custody. In sub-paragraph (2)(a) “place of safety” has the same meaning as in the Children and Young Persons Act 1933. Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the offender is brought before a court (“the alternative court”) which is not the relevant court. If the relevant court is a magistrates' court— If the relevant court is the Crown Court, section 43A of that Act (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)— Any power to remand the offender in custody which is conferred by section 43A or 128 of the Magistrates' Courts Act 1980 is to be taken to be a power— Where the court remands the offender to accommodation provided by or on behalf of a local authority, the court must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.
Where a court makes an order under this Schedule revoking or amending a youth rehabilitation order, the proper officer of the court must forthwith— Where under sub-paragraph (1)(c) the proper officer of the court provides a copy of an amending order to a magistrates' court acting in a different area, the officer must also provide to that court such documents and information relating to the case as appear likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order. In this paragraph “proper officer” means—
This paragraph applies where the appropriate court for the purposes of paragraph 13(2) of Schedule 2 (amendment by reason of change of residence) or the Crown Court is satisfied that an offender in respect of whom a youth rehabilitation order is in force is residing or proposes to reside in Northern Ireland. The power of the court to amend the order under Part 4 of Schedule 2 includes power to amend it by requiring it to be complied with in Northern Ireland if it appears to the court that— The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b). The condition in this sub-paragraph is satisfied if suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order. The condition in this sub-paragraph is satisfied in relation to an order that will impose a requirement mentioned in sub-paragraph (6) if— The requirements referred to in sub-paragraphs (2)(a) and (5) are— The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.
In this Part of this Schedule “supervision”, in relation to a youth rehabilitation order which a court is considering making or amending in accordance with paragraph 1 or 2, means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to corresponding orders of the kind which the court proposes to specify under paragraph 3(b).
In its application to a youth default order, paragraph 10 of Schedule 1 (unpaid work requirement) is modified as follows. Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were substituted—. Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted “(or section 39(7)(a) applies)”.
In its application to a youth default order, Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is modified as follows. Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made. Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question. Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted “as having been made by a magistrates' court”. The following provisions are omitted—
Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows. In subsection (1) for the words from “may make” to the end substituteshall make— After subsection (1) insert— In subsection (3) for “subsection (1)” substitute “subsection (1)(a)”. In subsection (4) for “the said subsection (1)” substitute “the said subsection (1)(a)”. In subsection (4A) for “the said subsection (1)” substitute “the said subsection (1)(a)”. For subsection (5) substitute—
This paragraph applies where a service provider is established in England and Wales or Northern Ireland (a “domestic service provider”). Section 63(1) applies to a domestic service provider who— as well as to persons (of any description) who are in possession of such images in England and Wales or Northern Ireland. In the case of an offence under section 63, as it applies to a domestic service provider by virtue of sub-paragraph (2)— Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 3 to 5.
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if— The condition is that the service provider— This sub-paragraph applies if the service provider obtains actual knowledge that—
Section 28 (evidence) is amended as follows. In subsection (1), at the beginning insert “For the purposes of an appeal or an application for leave to appeal,”. In that subsection, for paragraph (b) substitute—. After subsection (1) insert— In subsection (4), at the beginning insert “For the purposes of an appeal or an application for leave to appeal,”. After subsection (4) insert—
In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “sections 244 to 264 and 266 to 268”.
The Police and Justice Act 2006 is amended as follows. In subsection (1) of section 49 (orders and regulations)— In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).
In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions on imposing community sentences), as inserted by section 10 of this Act, the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
In sections 84 to 91 and Schedules 18 and 19—
Subject to sub-paragraph (2), a youth rehabilitation order takes effect on the day after the day on which the order is made. If a detention and training order is in force in respect of an offender, a court making a youth rehabilitation order in respect of the offender may order that it is to take effect instead— In sub-paragraph (2)— A court must not make a youth rehabilitation order in respect of an offender at a time when— is in force in respect of the offender, unless when it makes the order it revokes the earlier order. Where the earlier order is revoked under sub-paragraph (4), paragraph 24 of Schedule 2 (provision of copies of orders) applies to the revocation as it applies to the revocation of a youth rehabilitation order.
This paragraph applies where— The Crown Court may revoke the order. Where the Crown Court revokes the order under sub-paragraph (2), the Crown Court may deal with the offender, for the offence in respect of which the order was made, in any way in which the court which made the order could have dealt with the offender for that offence. The Crown Court must not exercise its powers under sub-paragraph (2) or (3) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made. In dealing with an offender under sub-paragraph (3), the Crown Court must take into account the extent to which the offender has complied with the order. If the offender is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence. In sub-paragraph (6), “further offence” and “the convicting court” have the same meanings as in paragraph 18.
This paragraph applies where a court considering the making of a youth rehabilitation order is satisfied that the offender— The court may not make a youth rehabilitation order in respect of the offender unless it appears to the court that— The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b). The condition in this sub-paragraph is satisfied if suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order. The condition in this sub-paragraph is satisfied in relation to an order imposing a requirement mentioned in sub-paragraph (6) if— The requirements referred to in sub-paragraphs (2)(a) and (5) are— The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.
References in sections 80 to 91 to a certificate requesting enforcement under the Framework Decision on financial penalties are references to such a certificate as is provided for by Article 4 of that Decision.
In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—
After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—
After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by section 94) insert—
The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.
In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.
“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament;
In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) (exercise of powers by others)—
in paragraph (a), for “Commissioners of Customs and Excise” substitute “ Commissioners for Revenue and Customs ”; and
in paragraph (b), for “a customs officer” substitute “ an officer of Revenue and Customs ”.
Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (power under section 27(1) not applicable to former inland revenue matters etc.) ceases to have effect.
A violent offender order is an order made in respect of a qualifying offender which—
contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and
has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).
For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting— from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.
the public in the United Kingdom, or
any particular members of the public in the United Kingdom,
In this Part “specified offence” means—
manslaughter;
an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);
an offence under section 18 of that Act (wounding with intent to cause grievous bodily harm);
an offence under section 20 of that Act (malicious wounding);
attempting to commit murder or conspiracy to commit murder; or
an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);
a relevant service offence.
The following are relevant service offences—
any offence under— of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
section 42 of the Naval Discipline Act 1957 (c. 53),
any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.
Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).
The Secretary of State may by order—
amend subsection (3);
make consequential amendments to subsection (4).
In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).
A person is within this subsection if (whether before or after the commencement of this Part)—
the person has been convicted of a specified offence and either—
a custodial sentence of at least 12 months was imposed for the offence, or
a hospital order was made in respect of it (with or without a restriction order),
the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or
the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.
This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—
a hospital order (with or without a restriction order), or
a supervision order.
A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—
the person has been convicted of a relevant offence and either—
a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or
an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or
such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).
In subsection (4) “relevant offence” means an act which—
constituted an offence under the law in force in the country concerned, and
would have constituted a specified offence, or the offence of murder, if it had been done in England and Wales.
An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.
Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—
denying that, on the facts as alleged with respect to the act in question, the condition is met,
giving the reasons for denying that it is met, and
requiring the applicant to prove that it is met.
If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).
A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person— if it appears to the chief officer that the conditions in subsection (2) are met.
who resides in the chief officer's police area, or
who the chief officer believes is in, or is intending to come to, that area,
The conditions are—
that the person is a qualifying offender, and
that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.
An application under this section may be made to any magistrates' court whose commission area includes—
any part of the applicant's police area, or
any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).
The Secretary of State may by order make provision—
for applications under this section to be made by such persons or bodies as are specified or described in the order;
specifying cases or circumstances in which applications may be so made;
for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.
In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.
This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).
After hearing— the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.
the applicant, and
P, if P wishes to be heard,
The conditions are—
that P is a qualifying offender, and
that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.
When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.
A violent offender order may not be made so as to come into force at any time when P—
is subject to a custodial sentence imposed in respect of any offence,
is on licence for part of the term of such a sentence, or
is subject to a hospital order or a supervision order made in respect of any offence.
But such an order may be applied for, and made, at such a time.
A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—
from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);
from attending any specified event;
from having any, or any specified description of, contact with any specified individual.
Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).
The Secretary of State may by order amend subsection (1).
In this section “specified” means specified in the violent offender order concerned.
A person within subsection (2) may by complaint apply to the appropriate magistrates' court—
for an order varying or discharging a violent offender order;
for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.
The persons are—
the offender,
the chief officer of police who applied for the order,
(if different) the chief officer of police for the area in which the offender resides, and
(if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.
The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—
a magistrates' court for the area in which the offender resides, or
where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.
On an application under this section the appropriate magistrates' court may, after hearing— make such order varying, renewing or discharging the violent offender order as the court considers appropriate. But this is subject to subsections (5) to (7).
the applicant, and
any other persons mentioned in subsection (2) who wish to be heard,
A violent offender order may only be— if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).
renewed, or
varied so as to impose additional prohibitions, restrictions or conditions on the offender,
References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.
The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—
where the application under this section is made by a chief officer of police, by that chief officer, or
where the application is made by the offender, by the chief officer of police for the area in which the offender resides.
This section applies where an application under section 100 (“the main application”) has not yet been determined.
An application for an order under this section (“an interim violent offender order”) may be made—
by the complaint by which the main application is made, or
if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.
If it appears to the court— the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.
that the person to whom the main application relates (“P”) is a qualifying offender,
that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and
that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,
The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.
But an interim violent offender order may not be made so as to come into force at any time when the person—
is subject to a custodial sentence for any offence,
is on licence for part of the term of such a sentence, or
is subject to a hospital order or a supervision order made in respect of any offence.
An interim violent offender order—
has effect only for such period as is specified in the order, and
ceases to have effect (if it has not already done so) at the appropriate time.
“The appropriate time” means—
if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;
if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.
Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).
This section applies to—
any application under section 100 for a violent offender order,
any application under section 104 for an interim violent offender order, and
any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.
A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of— a reasonable time before the hearing.
the application, and
the time and place of the hearing,
In this section “the relevant person” means— as the case may be.
the person to whom the application mentioned in subsection (1)(a) or (b) relates, or
the person in respect of whom the order mentioned in subsection (1)(c) has been made,
A person in respect of whom— has been made may appeal to the Crown Court against the making of the order.
a violent offender order, or
an interim violent offender order,
Such a person may also appeal to the Crown Court against—
the making of an order under section 103, or
any refusal to make such an order.
On an appeal under this section, the Crown Court—
may make such orders as may be necessary to give effect to its determination of the appeal; and
may also make such incidental or consequential orders as appear to it to be just.
For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.
References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to— which is in force under this Part.
a violent offender order, or
an interim violent offender order,
Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).
An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which— comes into force in relation to the offender (“the relevant date”).
the violent offender order, or
the interim violent offender order,
The “required information” is the following information about the offender—
date of birth;
national insurance number;
name on the relevant date or, if the offender used two or more names on that date, each of those names;
home address on the relevant date;
name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;
home address on the date on which the notification is given;
the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;
any prescribed information.
In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—
remanded in or committed to custody by an order of a court or kept in service custody;
serving a sentence of imprisonment or a term of service detention;
detained in a hospital; or
outside the United Kingdom.
In this Part “home address” means in relation to the offender—
the address of the offender's sole or main residence in the United Kingdom, or
if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.
An offender subject to notification requirements must notify to the police— within the period of 3 days beginning with the date on which any notifiable event occurs.
the required new information, and
the information mentioned in section 108(2),
A “notifiable event” means—
the use by the offender of a name which has not been notified to the police under section 108 or this section;
any change of the offender's home address;
the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,
any prescribed change of circumstances, or
the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.
The “required new information” is— as the case may be.
the name referred to in subsection (2)(a),
the new home address (see subsection (2)(b)),
the address of the premises referred to in subsection (2)(c),
the prescribed details, or
the fact that the offender has been released as mentioned in subsection (2)(e),
A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.
If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
the notification does not affect the duty imposed by subsection (1), and
the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
Section 108(4) applies to the determination of— as it applies to the determination of the period of 3 days mentioned in section 108(1).
any period of 3 days for the purposes of subsection (1), or
any period of 6 days for the purposes of subsection (6),
In this section—
“prescribed change of circumstances” means any change—
occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and
of a description prescribed by regulations made by the Secretary of State;
“the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
In this section “qualifying period” means—
a period of 7 days, or
two or more periods, in any period of 12 months, which taken together amount to 7 days.
An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.
A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.
Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.
This subsection applies if the offender is—
remanded in or committed to custody by an order of a court or kept in service custody,
serving a sentence of imprisonment or a term of service detention,
detained in a hospital, or
outside the United Kingdom.
In this section “the applicable period” means—
in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and
in any other case, the period of one year.
This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).
Nothing in this section applies to an offender who is subject to an interim violent offender order.
The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—
requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);
requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
A notification under this subsection must disclose—
the date on which the offender proposes to leave the United Kingdom;
the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;
any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.
A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.
An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—
attending at any police station in the offender's local police area, and
giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
An offender giving a notification under section 109(1)— may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.
in relation to a prospective change of home address, or
in relation to such premises as are mentioned in section 109(2)(c),
Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—
in writing, and
in such form as the Secretary of State may direct.
Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to— in order to verify the offender's identity.
take the offender's fingerprints,
photograph any part of the offender, or
do both of those things,
In this section—
“supervision order” means—
If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in— the person commits an offence.
a violent offender order, or
an interim violent offender order,
If a person fails, without reasonable excuse, to comply with— the person commits an offence.
section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or
any requirement imposed by regulations made under section 111(1),
If a person notifies to the police, in purported compliance with— any information which the person knows to be false, the person commits an offence.
section 108(1), 109(1) or 110(1), or
any requirement imposed by regulations made under section 111(1),
As regards an offence under subsection (2), so far as it relates to non-compliance with— a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.
section 108(1), 109(1) or 110(1), or
any requirement imposed by regulations made under section 111(1),
But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
In subsection (6)(a) “the relevant period” means—
in relation to ... Scotland, 12 months;
in relation to Northern Ireland, 6 months;
in relation to England and Wales, the general limit in a magistrates’ court.
Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.
This section applies to information notified to the police under section 108(1), 109(1) or 110(1).
A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to— for use for the purpose of verifying the information.
the Secretary of State, or
a person providing services to the Secretary of State in connection with a relevant function,
In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—
checking its accuracy by comparing it with information held—
where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or
where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and
compiling a report of that comparison.
Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).
This section does not authorise the doing of anything that contravenes the data protection legislation.
This section does not affect any power to supply information that exists apart from this section.
In this section “relevant function” means—
a function relating to social security, child support, employment or training,
a function relating to passports, or
a function under Part 3 of the Road Traffic Act 1988 (c. 52).
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
A report compiled under section 114 may be supplied to a chief officer of police by—
the Secretary of State, or
a person within section 114(2)(b).
Such a report may contain any information held—
by the Secretary of State in connection with the exercise of a relevant function, or
by a person within section 114(2)(b) in connection with the provision of services as mentioned there.
Where such a report contains information within subsection (2), the chief officer to whom it is supplied—
may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and
may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.
This section applies to an offender subject to notification requirements who is—
serving a sentence of imprisonment or a term of service detention, or
detained in a hospital.
The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—
of the fact that that person has become responsible for the offender; and
of any occasion when—
the offender is released, or
a different person is to become responsible for the offender.
In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.
The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.
In this Part—
an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or
In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—
The Children and Young Persons Act 1969 has effect subject to the following amendments.
In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.)”.
The Crime and Disorder Act 1998 has effect subject to the following amendments.
Section 4 (sentence when appeal allowed on part of indictment) is amended as follows. For the heading substitute “Power to re-sentence where appellant remains convicted of related offences”. For subsection (1) substitute— In subsection (2)— In subsection (3)— After subsection (3) insert—
Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows. In the heading, omit “under Part 1”. After subsection (2C) insert—
Section 36 (detention of defendant on appeal by Crown) is amended as follows. In subsection (1) for the words from “may make” to the end substituteshall make— After subsection (1) insert— In subsection (2) for “subsection (1)” substitute “subsection (1)(a)”. In subsection (3) for “this section” (in each place where it occurs) substitute “subsection (1)(a)”. In subsection (3A) for “this section” (in the first place where it occurs) substitute “subsection (1)(a)”. For subsection (4) substitute—
The financial penalty is suitable for enforcement in Northern Ireland if the certificate states that the person required to pay the penalty is normally resident in Northern Ireland.
This paragraph applies if— The financial penalty is suitable for enforcement in England and Wales unless it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3). The financial penalty is suitable for enforcement in Northern Ireland if the Lord Chancellor thinks that it is more appropriate for the penalty to be enforced in Northern Ireland than in England and Wales.
This paragraph applies if— The financial penalty is suitable for enforcement in England and Wales unless— The financial penalty is suitable for enforcement in Northern Ireland if— The financial penalty is suitable for enforcement in Northern Ireland if— This sub-paragraph applies if—
Omit section 25 (transfers between England or Wales and Northern Ireland).
In section 38(4) (local provision of youth justice services)—
in paragraph (f), for “, reparation orders and action plan orders” substitute “and reparation orders”,
after paragraph (f) insert—,
omit paragraph (g), and
in paragraph (h), omit “or a supervision order”.
Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows. In subsection (1)(c), for the words from “supervision order” to “2000” substitute “youth rehabilitation order imposing a local authority residence requirement”. In subsection (2), for the words from “supervision order” to “2000” substitute “youth rehabilitation order imposing a local authority residence requirement”.
In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “section 10 of that Act”.
Section 32 (detention of absentees) is amended as follows. In subsection (1A)— For subsection (1C) substitute— After subsection (1C) insert— In subsection (2), for “or (1A)” substitute “, (1A) or (1D)”. In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises”. In subsection (2B)— In subsection (3), for “or (1A)” substitute “, (1A) or (1D)”. In subsection (4), after “(1A)” insert “, (1D)”.
In section 70(1) (interpretation)—
omit the definition of “supervision order”,
“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;
“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);
In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “to (1E)”.
The following are relevant service sentences—
a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;
a sentence under a custodial order within the meaning of—
section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or
section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;
a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).
References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).
References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.
References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.
The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)— “detained in a hospital” (see sections 133 and 135 of that Act); “sentence of imprisonment” (see section 131 of that Act); and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.
any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and
“country” includes territory;
This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied. The court, if it makes a youth rehabilitation order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180. Such an activity requirement is referred to in this Part of this Act as “an extended activity requirement”. A youth rehabilitation order which imposes an extended activity requirement must also impose— A youth rehabilitation order which imposes an extended activity requirement (and other requirements in accordance with sub-paragraph (4)) is referred to in this Part of this Act as “a youth rehabilitation order with intensive supervision and surveillance” (whether or not it also imposes any other requirement mentioned in section 1(1)).
Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions— may require the offender to engage in activities otherwise than at that place. An activity specified— may consist of or include an activity whose purpose is that of reparation, such as an activity involving contact between an offender and persons affected by the offences in respect of which the order was made. A court may not include an activity requirement in a youth rehabilitation order unless— A court may not include an activity requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the responsible officer, unless that other person consents to its inclusion.
In this Part of this Act “programme requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must participate in a systematic set of activities (“a programme”) specified in the order at a place or places so specified on such number of days as may be so specified. A programme requirement may require the offender to reside at any place specified in the order under sub-paragraph (1) for any period so specified if it is necessary for the offender to reside there for that period in order to participate in the programme. A court may not include a programme requirement in a youth rehabilitation order unless— A court may not include a programme requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion. A requirement to participate in a programme operates to require the offender—
In this Part of this Act “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for periods specified in the order, at a place so specified. A youth rehabilitation order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than 2 hours or more than 12 hours in any day. A youth rehabilitation order imposing a curfew requirement may not specify periods which fall outside the period of 6 months beginning with the day on which the requirement first takes effect. Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
In this Part of this Act, “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside in accommodation provided by or on behalf of a local authority specified in the order for the purposes of the requirement. A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a person specified in the order. A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless it is satisfied— A court may not include a local authority residence requirement in a youth rehabilitation order unless it has consulted— A youth rehabilitation order which imposes a local authority residence requirement must specify, as the local authority which is to receive the offender, the local authority in whose area the offender resides or is to reside. Any period specified in a youth rehabilitation order as a period for which the offender must reside in accommodation provided by or on behalf of a local authority must—
In this Part of this Act “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a chartered psychologist (or both, for different periods) with a view to the improvement of the offender’s mental condition. The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order— but the order must not otherwise specify the nature of the treatment. A court may not include a mental health treatment requirement in a youth rehabilitation order unless— While the offender is under treatment as a resident patient in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order. Subsections (2) and (3) of section 54 of the Mental Health Act 1983 have effect with respect to proof of an offender’s mental condition for the purposes of sub-paragraph (3)(a) as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act. In this paragraph and paragraph 21, “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.
In this Part of this Act, “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, for the purpose of ascertaining whether there is any drug in the offender’s body during any treatment period, the offender must, during that period, provide samples in accordance with instructions given by the responsible officer or the treatment provider. In sub-paragraph (1)— A court may not include a drug testing requirement in a youth rehabilitation order unless— A youth rehabilitation order which imposes a drug testing requirement— A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests carried out otherwise than by the responsible officer on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer.
In this Part of this Act “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order or determined by the responsible officer in accordance with the order. Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the youth rehabilitation order, the responsible officer must, before the beginning of that period, notify— of the time when the period is to begin. Where— the requirement may not be included in the order without that person’s consent. A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring. The person who is made responsible for the monitoring must be of a description specified in an order made by the Secretary of State. A court may not include an electronic monitoring requirement in a youth rehabilitation order unless the court— For the purposes of sub-paragraph (6), “relevant place”, in relation to a requirement mentioned in the first column of the following Table which the court proposes to include in the order, means the place mentioned in relation to it in the second column of the Table. Proposed requirement of youth rehabilitation order Relevant place Curfew requirement. The place which the court proposes to specify in the order for the purposes of that requirement. Exclusion requirement. The place (within the meaning of paragraph 15) which the court proposes to specify in the order. Attendance centre requirement. The attendance centre which the court proposes to specify in the order.
A youth rehabilitation order must specify the local justice area in which the offender resides or will reside.
Where the Crown Court makes a youth rehabilitation order, it may include in the order a direction that further proceedings relating to the order be in a youth court or other magistrates' court (subject to paragraph 7 of Schedule 2). In sub-paragraph (1), “further proceedings”, in relation to a youth rehabilitation order, means proceedings—
This paragraph applies where— If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the appropriate court may— The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender’s making good progress or responding satisfactorily to supervision or treatment (as the case requires). In dealing with an offender under sub-paragraph (2)(b), the appropriate court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order. A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence. No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending. If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the appropriate court. In this paragraph, “the appropriate court” means—
This paragraph applies where— If the Crown Court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court— amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order. Sub-paragraph (2) is subject to paragraph 15. The Crown Court may by order amend the youth rehabilitation order— Sub-paragraph (4) is subject to paragraph 16.
Where— the court may, in relation to the order, extend the period of 12 months specified in paragraph 10(6) of Schedule 1.
a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender, and
on the application of the offender or the responsible officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,
In its application to a youth default order, paragraph 12 of Schedule 1 (attendance centre requirement) is modified as follows. Sub-paragraph (2) has effect as if—
The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in— if the condition in sub-paragraph (2) is satisfied. The condition is that the service provider does not— For the purposes of sub-paragraph (1)— includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
This paragraph applies for the purposes of this Schedule. “Extreme pornographic image” has the same meaning as in section 63. “Information society services”— and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. “Service provider” means a person providing an information society service. For the purpose of construing references in this Schedule to a service provider who is established in a part of the United Kingdom or in some other EEA state—
The financial penalty is suitable for enforcement in England and Wales if the certificate states that the person required to pay the penalty is normally resident in England and Wales.
The financial penalty is suitable for enforcement in Northern Ireland if—
the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland, and
the certificate does not state—
that the person has property or a source of income in England and Wales or Scotland, or
that the person is normally resident in the United Kingdom.
This paragraph applies if— The financial penalty is suitable for enforcement in Northern Ireland unless sub-paragraph (3) applies. This sub-paragraph applies if—
If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned. If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may— Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary). An authorised officer cannot remove a person under this paragraph or authorise another person to do so if the authorised officer has reason to believe that— In this paragraph—
Paragraph 29(3) has effect in relation to any application for compensation made in relation to— on or after the commencement date. Paragraphs 29(4) and 30 have effect in relation to— Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date. Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date. In the case of— before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date. But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so. In this paragraph—
Section 1, subsections (1) and (2) of section 6, the amendments in Part 1 of Schedule 4 and the repeals and revocations in Part 1 of Schedule 28 do not have effect in relation to— So far as an amendment in Part 2 of Schedule 4 relates to any of the following orders, the amendment has effect in relation to orders made before, as well as after, the amendment comes into force—
In section 5(3)(c) (instructions not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).
The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003 includes a reference to rules made, or having effect as if made, before the coming into force of that section under section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and management of attendance centres).
The amendments made by subsection (1) of section 80, and subsection (2) of that section, do not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force. Section 82 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force. Section 84 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force. Section 87 does not apply in relation to financial penalties (within the meaning of that section) imposed before that section comes into force.
In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)— In relation to any time before the commencement of the definition of “service detention” in section 374 of the Armed Forces Act 2006—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person commits an offence if—
the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
For the purposes of this section—
a person ceases to be on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and
a person is not on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.
In this section—
The court by which any youth rehabilitation order is made must forthwith provide copies of the order— Sub-paragraph (3) applies where a youth rehabilitation order— The court making the order must— Where a youth rehabilitation order imposes any requirement specified in the first column of the following Table, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Table with a copy of so much of the order as relates to that requirement. Requirement Person to whom copy of requirement is to be given An activity requirement specifying a place under paragraph 6(1)(a). The person in charge of that place. An activity requirement specifying an activity under paragraph 6(1)(b). The person in charge of that activity. An activity requirement specifying a residential exercise under paragraph 6(1)(c). The person in charge of the place or activity specified under paragraph 6(4) in relation to that residential exercise. An attendance centre requirement. The officer in charge of the attendance centre specified under paragraph 12(1). An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender. The person intended to be protected. A residence requirement requiring residence with an individual. The individual specified under paragraph 16(1)(a). A place of residence requirement (within the meaning of paragraph 16) relating to residence in an institution. The person in charge of the institution. A local authority residence requirement. The local authority specified under paragraph 17(1). A mental health treatment requirement. The person in charge of the institution or place specified under sub-paragraph (2)(a) or (b) of paragraph 20, or the person specified under sub-paragraph (2)(c) of that paragraph. A drug treatment requirement. The treatment provider specified under paragraph 22(1). A drug testing requirement. The treatment provider specified under paragraph 22(1). An intoxicating substance treatment requirement The person specified under paragraph 24(1). An education requirement. The local education authority specified under paragraph 25(2). An electronic monitoring requirement. Any person who by virtue of paragraph 26(4) will be responsible for the electronic monitoring. Any person without whose consent the requirement could not have been included in the order.
If at any time while a youth rehabilitation order is in force it appears on information to a justice of the peace that an offender has failed to comply with a youth rehabilitation order, the justice may— Any summons or warrant issued under this paragraph must direct the offender to appear or be brought— In sub-paragraph (2), “appropriate court” means— In sub-paragraph (3), “relevant local justice area” means— Sub-paragraphs (6) and (7) apply where the offender does not appear in answer to a summons issued under this paragraph. If the summons required the offender to appear before the Crown Court, the Crown Court may— If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.
This paragraph applies where— The Crown Court may deal with the offender in respect of that failure in any one of the following ways— Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9). In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order. A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. Any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1. Where— paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”. The court may not under sub-paragraph (2)(b) impose— if the order does not already impose such a requirement. Where— paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date. Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force. Sub-paragraphs (12) to (14) apply where— The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b). If— the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences). If— for the purposes of dealing with the offender under sub-paragraph (2)(c), the Crown Court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months. In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.
In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a youth rehabilitation order, means a requirement contained in the order which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the local justice area specified in the youth rehabilitation order. A court may not under paragraph 13(2) or 14(2) amend a youth rehabilitation order which contains specific area requirements unless, in accordance with paragraph 13(4) or, as the case may be, 14(4), it either— If— the court must, unless it considers it inappropriate to do so, so exercise its powers under paragraph 13(4) or, as the case may be, 14(4) that it is not prevented by sub-paragraph (2) from amending the order under paragraph 13(2) or, as the case may be, 14(2). The court may not under paragraph 13(2) or, as the case may be, 14(2) amend a youth rehabilitation order imposing a programme requirement unless the court is satisfied that a programme which— is available in the new local justice area.
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)— In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998”.
If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.
If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—
remove the person from the NHS premises concerned, or
authorise an appropriate NHS staff member to do so.
Any person removing another person from NHS premises under this section may use reasonable force (if necessary).
An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—
the person to be removed requires medical advice, treatment or care for himself or herself, or
the removal of the person would endanger the person's physical or mental health.
In this section— “appropriate NHS staff member”— in relation to English NHS premises, means an English NHS staff member, and in relation to Welsh NHS premises, means a Welsh NHS staff member, “authorised officer”— in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, and in relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises, “English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise), “Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).
“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008”.
In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—
In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—
in the substituted text of sub-paragraph (2), after “Part 12” insert “of this Act or under Part 2 of the Criminal Justice Act 1991”; and
in the substituted text of sub-paragraph (3), after “287” insert “of the Armed Forces Act 2006”.
In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—.
In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with”.
In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “by section 19”.
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—
in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “the giving of assistance to persons”, and
in subsection (4) for ““authorised person” and “conditional caution” have” substitute ““conditional caution” has”.
The Sexual Offences Act 2003 has effect subject to the following amendments.
Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows. In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “or nuclear facilities”. In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”. An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)— An offence under any of the following provisions of that Act— Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act. After paragraph 6 insert—
The Armed Forces Act 2006 has effect subject to the following amendments. In paragraph 12(ah) of Schedule 2 (offences)— In paragraph 1(2) of Schedule 5 (service community orders: general)— In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—
Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 108(1) to (5) of Schedule 4 (reparation orders: court before which offender to appear or be brought) come into force before the amendments of Schedule 8 to that Act made by paragraph 62 of that Schedule. After paragraph 108(1) to (5) of Schedule 4 comes into force, and until paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if— Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 62 of Schedule 4 come into force before the amendments of Schedule 8 to that Act made by paragraph 108(1) to (5) of that Schedule (reparation orders: court before which offender to appear or be brought). After paragraph 62 of Schedule 4 comes into force, and until paragraph 108(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
The amendments, repeals and revocations in section 6, Schedule 4 and Part 1 of Schedule 28 of provisions which are necessary to give effect to section 35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have effect in relation to a sum ordered to be paid where—
the sum is treated as adjudged to be paid on conviction, and
the act or omission to which the sum relates occurred, or the order was made, before the commencement of those repeals and amendments.
In section 83(6)(a) (notification requirements: initial notification) after “court” insert “or kept in service custody”. This paragraph extends to England and Wales and Northern Ireland only.
In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “or kept in service custody”. This paragraph extends to England and Wales and Northern Ireland only.
Section 133 (interpretation) is amended as follows. In subsection (1)— After subsection (2) insert— This paragraph extends to England and Wales and Northern Ireland only.
In section 138 (orders and regulations), at the end insert— The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.
Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows. After paragraph 35 insert— After paragraph 92 insert— In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”. This paragraph extends to England and Wales and Northern Ireland only.
Terms defined in section 119 have the same meaning in this section as in that section.
The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.
Such guidance may, in particular, relate to—
the authorisation by relevant NHS bodies of authorised officers,
the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,
training requirements for authorised officers and persons authorised by them to remove persons under section 120,
matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,
matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,
the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in section 120,
the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,
arrangements for ensuring that persons on NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or
the keeping of records.
Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.
A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.
In this section— “appropriate national authority”— in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers, “appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120, “relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.
“appropriate national authority”—
in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and
any hospital vested in, or managed by, a relevant Welsh NHS body,
The Social Work (Scotland) Act 1968 has effect subject to the following amendments.
In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
in paragraph (a), after “Criminal Justice Act 2003)” insert “or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and
in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.
The Children Act 1989 has effect subject to the following amendments.
The Criminal Procedure (Scotland) Act 1995 has effect subject to the following amendments.
Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—.
In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—.
This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). Proceedings for an offence under section 63 may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. The derogation condition is satisfied where the institution of proceedings— “The public interest objective” means the pursuit of public policy.
A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if— “Offending material” means material the possession of which constitutes an offence under section 63. Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.
The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2. Such guidance may, in particular, relate to— Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate. An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2. In this paragraph—
Nothing in the amendments made by section 26 affects the operation of Part 2 of the Criminal Justice Act 1991 (c. 53) in relation to a long-term prisoner within the meaning of that Part who (for the purposes of that Part) has served one-half of his sentence before the commencement of that section.
In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “, youth rehabilitation order”.
Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows. In subsection (2)(c)— After subsection (2) insert—
Section 234 (probation orders: persons residing in England and Wales) is amended as follows. In subsection (2), at the end insert “(in any case where the offender has attained the age of 18 years) or under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)”. In subsection (4)— In subsection (4A) at the end insert “(in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)”. In subsection (5) for the words from “subject to subsection (6)” to the end substitutesubject to subsections (6) and (6A) below— After subsection (6) insert—
Section 147 (meaning of “community sentence” etc.) is amended as follows. In subsection (1)— Omit subsection (2).
In section 27(1)(b) (family relationships) after “but for” insert “section 39 of the Adoption Act 1976 or”.
Section 33(1A) of the Criminal Justice Act 1991 (c. 53) (which is inserted by section 26(2)) does not apply to a long-term prisoner serving a sentence (for one or more offences committed before 4th April 2005) by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 (c. 47) if—
the warrant was issued before the commencement of section 26(2); and
the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003 (c. 44).
In section 94(1) (interpretation)—
“probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,
in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.
In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—.
Section 242 (community service orders: persons residing in England and Wales) is amended as follows. In subsection (1)(a)— In subsection (2)(b)— In subsection (3)(b)—
Section 148 (restrictions on imposing community sentences) is amended as follows. In subsection (2)— After that subsection insert— Omit subsection (3).
In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “section 39 of the Adoption Act 1976 or”.
The amendments made by subsections (3) and (5) of section 28 do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 before the commencement of section 28.
In section 105(6) (interpretation)—
in paragraph (b), omit from the words “or an” to the end of the paragraph, and
after that paragraph insert—.
Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows. In subsection (3)(a)— In subsection (4)(a)— In subsection (5)— In subsection (6)—
In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “youth rehabilitation order”.
Section 64 (sex with an adult relative: penetration) is amended as follows. In subsection (1) after “(A)” insert “(subject to subsection (3A))”. In subsection (3) after “In subsection (2)—” insert—. After that subsection insert— After subsection (5) insert—
In section 255A and 255C of the Criminal Justice Act 2003 (which are inserted by section 29) “specified offence prisoner” is to be read as including a prisoner serving a determinate sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 if—
the warrant was issued before the commencement of section 29; and
the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003.
Part 3 of Schedule 3 (education supervision orders) is amended as follows. In paragraph 13(2), for paragraph (c) substitute—. In paragraph 14—
In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “youth rehabilitation order”.
Section 65 (sex with an adult relative: consenting to penetration) is amended as follows. In subsection (1) after “(A)” insert “(subject to subsection (3A))”. In subsection (3) after “In subsection (2)—” insert—. After that subsection insert— After subsection (5) insert—
The amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 on or after the commencement of section 32 but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991.
In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—.
Section 151 (community order for persistent offender previously fined) is amended as follows. In the title, after “community order” insert “or youth rehabilitation order”. In subsections (1)(a) and (1A)(b), for “16” substitute “18”. After subsection (2) insert— In subsection (3)— In subsections (4), (5) and (6), for “and (1A)(b)” substitute “(1A)(b) and (2A)(b)”. In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “or (2B)”.
In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)”.
Section 156 (pre-sentence reports and other requirements) is amended as follows. In subsection (1)— In subsection (2) omit “or (3)(a)”. In subsection (3)(b)—
In section 161 (pre-sentence drug testing)—
in subsection (1), omit “aged 14 or over”, and
omit subsection (7).
Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows. In subsection (1), after paragraph (d) add—. In subsections (3) and (5), for “(d)” substitute “(f)”.
Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows. In subsection (2)— After subsection (4) insert—
In section 176 (interpretation of Chapter 1)—
omit the definition of “youth community order”, and
“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008; “youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act; “youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.
In section 177(1) (community orders) for “16” substitute “18”.
In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.
In section 199 (unpaid work requirement)—
in subsection (3), for “appropriate officer” substitute “officer of a local probation board or an officer of a provider of probation services”, and
omit subsection (4).
In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “an officer of a local probation board or an officer of a provider of probation services”.
In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “by an officer of a local probation board or an officer of a provider of probation services”.
In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local probation board or an officer of a provider of probation services”.
In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “by an officer of a local probation board or an officer of a provider of probation services, and”.
In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).
In section 214 (attendance centre requirement), after subsection (6) add—
In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “any”.
In section 221(2) (provision of attendance centres)—
omit “or” at the end of paragraph (a),
after that paragraph insert—, and
omit paragraph (b).
In section 222(1)(e) (rules), after “attendance centre requirements” insert “, or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008,”.
Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).
In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).
In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).
Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).
where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 11, the Crown Court in Northern Ireland;
Terms defined in section 119 have the same meaning in this section as in that section.
Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and disorder) after section 1I insert—
In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and 1F” substitute “1C, 1CA, 1E, IF and 1K”.
In section 1C of that Act (orders on conviction in criminal proceedings) after section (9) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support orders) for subsection (1) and the words in subsection (2) before paragraph (a) substitute—.
In subsection (3)(a) of that section, for the words after “the kind of behaviour which led to” substitutethe making of—.
In subsection (5) of that section, for “which led to the making of the anti-social behaviour order” substitute “mentioned in subsection (3)(a) above”.
In section 1(1A) of that Act (meaning of “relevant authority”) after “and sections” insert “1AA,”.
In section 1AB of that Act (which makes further provision about individual support orders) after subsection (5) insert—
In section 1B of that Act (orders in county court proceedings) after subsection (7) insert—
In section 1C of that Act (orders on conviction in criminal proceedings) after subsection (9A) insert—
Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.
In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—.
In section 26B (parenting orders: registered social landlords)—
in subsection (8), after “the local authority” insert “ (or, if subsection (8A) applies, each local authority) ”;
after that subsection insert—;
in subsection (10)(a), after “the local authority” insert “ (or authorities) ”.
In section 27 (parenting orders: supplemental) for subsection (3A) substitute—
Part 1 of Schedule 22—
amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the conduct and performance of members of police forces and special constables, and
makes other minor amendments to that Act.
Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.
Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.
Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further provision about the investigation of complaints of police misconduct and other matters.
After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—
Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.
In section 54 of the Police Act 1996 (c. 16) (appointment and functions of inspectors of constabulary) for subsection (2A) substitute—
The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
Condition 1 is that the person—
is a foreign criminal within the meaning of section 131, and
is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
A person who has the right of abode in the United Kingdom may not be designated.
The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
the United Kingdom's obligations under the Refugee Convention, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 130 “foreign criminal” means a person who—
is not a British citizen, and
satisfies any of the following Conditions.
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
Condition 2 is that—
section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
the person has been sentenced to a period of imprisonment.
Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.
A designated person does not have leave to enter or remain in the United Kingdom.
For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—
is a person subject to immigration control,
is not to be treated as an asylum-seeker or a former asylum-seeker, and
is not in the United Kingdom in breach of the immigration laws.
Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.
A designated person—
shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and
may not be granted immigration bail under Schedule 10 to the Immigration Act 2016.
Sections 134 and 135 make provision about support for designated persons and their dependants.
The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.
A condition may relate to—
residence,
employment or occupation, or
reporting to the police, the Secretary of State or an immigration officer.
If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.
Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.
Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.
A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.
A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—
a fine not exceeding level 5 on the standard scale,
imprisonment for a period not exceeding 51 weeks, or
both.
A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) section 24 of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.
In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.
Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.
But the following provisions of that Part shall not apply—
section 96 (kinds of support),
section 97(1)(b) (desirability of providing accommodation in well-supplied area),
section 100 (duty to co-operate in providing accommodation),
section 101 (reception zones),
section 108 (failure of sponsor to maintain),
section 111 (grants to voluntary organisations), and
section 113 (recovery of expenditure from sponsor).
Support may be provided under section 95 of the 1999 Act as applied by this section—
by providing accommodation appearing to the Secretary of State to be adequate for a person's needs;
by providing what appear to the Secretary of State to be essential living needs;
in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.
Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.
Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.
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as a person subject to immigration control, for the purposes of section 119(1)(b) of the 1999 Act (homelessness: Scotland and Northern Ireland), or
as a person from abroad who is not eligible for housing assistance, for the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing assistance).
A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—
a reference to section 96 shall be treated as including a reference to section 134(3) above,
a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and
a reference to asylum-seekers shall be treated as including a reference to designated persons.
A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.
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Any ... instrument under Part VI of the 1999 Act—
may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and
may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.
In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.
The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).
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Designation lapses if the designated person—
is granted leave to enter or remain in the United Kingdom,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
leaves the United Kingdom, or
is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).
After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.
Exception 1 is that, if designation lapses under subsection (1)(a) ..., support may be provided in respect of a period which—
begins when the designation lapses, and
ends on a date determined in accordance with an order of the Secretary of State.
Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—
any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),
any period during which an appeal against the deportation order is pending, and
after an appeal ceases to be pending, such period as the Secretary of State may specify by order.
This section applies to sections 130 to 136.
A reference to a designated person is a reference to a person designated under section 130.
“Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).
“Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.
“The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
“Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
A voucher is not cash.
A reference to a pending appeal has the meaning given by section 104(1) of that Act.
A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.
Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.
In subsection (1), for paragraph (a) substitute—.
After subsection (1) insert—
In subsection (4), after paragraph (a) insert—.
In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—.
After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—
After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.
In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—
at the end of subsection (5) insert—; and
after that subsection insert—
Section 84 of that Act (notification requirements: changes) is amended as follows.
In subsection (1)—
after “1997,” in paragraph (c) insert—; and
after “the address of those premises” insert “ , the prescribed details ”.
In subsection (2) after “home address” insert “ or the prescribed change of circumstances ”.
After subsection (5) insert—
Section 85 of that Act (notification requirements: periodic notification) is amended as follows.
In subsection (1), for “the period of one year” substitute “ the applicable period ”.
In subsection (3), for “the period referred to in subsection (1)” substitute “ the applicable period ”.
After subsection (4) insert—
In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “ any of sections 83 to 86 or section 130 ”.
This section extends to England and Wales and Northern Ireland only.
The Children and Young Persons Act 1933 (c. 12) is amended as follows.
After section 12 insert—
In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—
After section 55 of the Data Protection Act 1998 (c. 29) insert—
In section 67 of that Act (orders, regulations, rules)—
in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and
in subsection (5) after paragraph (c) insert—.
Schedule 25 contains—
amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and
transitional provision relating to certain of those amendments.
After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—
Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.
Any orders or regulations falling within subsection (1) or (1A) —
may make provision generally or only for specified cases or circumstances;
may make different provision for different cases, circumstances or areas;
may make incidental, supplementary, consequential, transitional, transitory or saving provision.
Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) does not apply to—
a statutory instrument containing an order under section 153,
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a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or
a statutory instrument to which subsection (5) applies.
A statutory instrument containing (whether alone or with other provision)— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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an order under section 48(2),
an order under section 77,
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an order under section 102,
an order under section 98(6),
regulations under any of sections 108 to 111,
an order under section 135(6),
an order under section 148(3) which amends or repeals any provision of an Act,
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rules under paragraph 2(4)(a) of Schedule 6, or
an order under paragraph 6 of Schedule 7,
An order under section 153(5)(b) is to be made by statutory instrument.
An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Schedule 26 contains minor and consequential amendments.
Schedule 27 contains transitory, transitional and saving provisions.
The Secretary of State may by order make— as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
An order under subsection (3) may, in particular—
provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and
amend, repeal or revoke any provision of—
any Act (including this Act and any Act passed in the same Session as this Act);
subordinate legislation made before the passing of this Act;
Northern Ireland legislation passed, or made, before the passing of this Act; and
any instrument made, before the passing of this Act, under Northern Ireland legislation.
Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.
The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.
In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.
The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).
Schedule 28 contains repeals and revocations, including repeals of spent enactments.
There is to be paid out of money provided by Parliament—
any expenditure incurred by virtue of this Act by a Minister of the Crown; and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—
relate to criminal justice; and
have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.
Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.
Subsection (2) does not apply to any amendments made by Part 1.
In this section “service law” means—
the system of service law established by the Armed Forces Act 2006 (c. 52); or
any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).
Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
section 77;
section 96;
section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);
Part 10;
this Part (subject to subsection (5)).
The following provisions of this Act extend to England and Wales and Northern Ireland—
section 3 and Schedule 3;
section 39(3) and (6)(d) and paragraph 7 of Schedule 7;
sections 63 to 68 and Schedule 14;
section 76;
section 85(6) to (7B) (so far as relating to any provision of Part 3 of the Magistrates' Courts Act 1980 which extends to Northern Ireland);
sections 86 and 90 to 92 and Schedules 18 and 19.
The following provisions of this Act extend to Northern Ireland only—
sections 82 and 83;
sections 87, 88 and 89(1) to (5);
section 122 and Schedule 21.
Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.
The following amendments and repeals also extend to the Channel Islands and the Isle of Man—
the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and
the repeals in Part 1 of Schedule 28 relating to those amendments.
In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.
In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.
In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—
that Act as amended by or under any provision of this Act,
section 151, and
paragraph 34 of Schedule 25.
Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).
The following provisions of this Act come into force on the day on which this Act is passed—
section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—
paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and
Part 4 of Schedule 37 to that Act;
section 77;
section 128;
sections 138(1) to (4) and 139;
section 147;
section 148(3) to (7);
sections 150 and 152;
this section;
section 154;
paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);
paragraphs 35 to 39 of Schedule 26.
The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—
section 62 and the related repeal in Part 4 of Schedule 28;
section 69 and paragraph 24 of Schedule 26;
section 70 and paragraph 25 of Schedule 26;
section 79 and the related repeals in Part 5 of Schedule 28;
paragraphs 2 to 7 of Schedule 15;
paragraph 24 of Schedule 27.
Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.
The following provisions come into force on such day as the Lord Chancellor may by order appoint—
section 19;
section 41;
sections 56 to 58;
sections 80 to 92 and Schedules 18 and 19;
paragraph 29 of Schedule 27.
Sections 119 to 121 come into force—
in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and
in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.
Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
An order under any of subsections (4) to (7) may—
appoint different days for different purposes and in relation to different areas;
make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.
This Act may be cited as the Criminal Justice and Immigration Act 2008.