Madagascar - Urban Development Project : Credit 1497 - Project Agreement - 3 - Conformed
This Chapter has effect for the purposes of providing for—
courts to be given assistance in determining the appropriate sentences to pass, and making other decisions, in respect of persons charged with or convicted of offences, and
the supervision and rehabilitation of such persons.
Subsection (1)(b) extends (in particular) to—
giving effect to community orders,
supervising persons released from prison on licence,
providing accommodation in approved premises.
Regulations may extend the purposes mentioned in subsection (1) to include other prescribed purposes relating to persons charged with or convicted of offences.
This section applies to— so far as they may be exercised for the purposes mentioned in section 1.
the functions of the Secretary of State under this Chapter,
the functions of local probation boards, and officers of local probation boards, under this Act or any other enactment,
In exercising those functions the person concerned must have regard to the following aims—
the protection of the public,
the reduction of re-offending,
the proper punishment of offenders,
ensuring offenders' awareness of the effects of crime on the victims of crime and the public,
the rehabilitation of offenders.
The Secretary of State has the function of ensuring that provision is made throughout England and Wales for the purposes mentioned in section 1.
The Secretary of State may make any payment he considers appropriate towards expenditure incurred by any person for any of those purposes.
If he considers it appropriate, he may make any payment on conditions.
The conditions may (among other things)—
regulate the purposes for which the payment or any part of it may be used,
require repayment to the Secretary of State in specified circumstances.
For the purpose of implementing this Chapter, England and Wales shall be divided into areas.
For each area there shall be a board (referred to in this Act as a local probation board) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
Schedule 1 (which makes provision about the constitution of local probation boards, their powers and other matters relating to them) is to have effect.
References in this Act or any other enactment to an officer of a local probation board are references to—
any member of the staff of a local probation board appointed to exercise the functions of an officer of the board, and
any other individual exercising functions of an officer of a local probation board by virtue of section 5(2).
The initial areas for the purpose of implementing this Chapter are—
the police areas listed in Schedule 1 to the Police Act 1996 (areas into which England and Wales, apart from London, is divided), and
the area comprising the Metropolitan Police District and the City of London Police Area.
The division of England and Wales into areas for that purpose may be altered from time to time by order made by the Secretary of State.
It is a function of a local probation board— and to implement, or ensure the implementation of, any arrangements it makes under this section.
to make arrangements for ensuring that sufficient provision is made in respect of its area for the purposes mentioned in section 1 and for ensuring the performance of any other functions conferred by virtue of this Act or any other enactment on the board,
to make arrangements for ensuring the performance of any functions conferred by virtue of this Act or any other enactment on officers of the board,
In addition to making arrangements for provision to be made by its staff, a local probation board may (for example)— and arrangements under paragraph (a) may provide for the organisations to designate individuals who may perform functions of officers of the board.
make arrangements with organisations for provision to be made on the board’s behalf by the organisations,
make arrangements with individuals who are not members of the board’s staff under which they may perform functions of officers of the board,
The provision that may be made in pursuance of such arrangements includes providing services to any person and, in particular—
giving assistance to persons remanded on bail or for whom officers of the board have responsibilities,
providing accommodation in approved premises for persons who have at any time been charged with or convicted of an offence.
A local probation board may provide for its staff to co-operate with persons in its area who are concerned with the prevention or reduction of crime or with giving assistance to the victims of crime.
Regulations may confer further functions on local probation boards or officers of local probation boards.
A local probation board may give grants or other financial assistance to any person only in pursuance of regulations.
A local probation board—
may make an arrangement with another local probation board under which it provides on behalf of the other board, in respect of the other board’s area, any services which it could provide under this section in respect of its own area, and
may charge the other local probation board for any services it provides in pursuance of the arrangement.
It is for the Secretary of State to determine whether or not any provision made by a local probation board under this section is sufficient.
The inspectorate, and the office of chief inspector, established under section 23 of the Probation Service Act 1993 (inspectorate of probation) shall continue in being, but—
the members of the inspectorate are to be known as “Her Majesty’s Inspectorate of the National Probation Service for England and Wales”, and
the chief inspector is to be known as “Her Majesty’s Chief Inspector of the National Probation Service for England and Wales”.
The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.
The Secretary of State may determine—
the number of members of the inspectorate,
the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.
Below in this Chapter—
references to the chief inspector are to Her Majesty’s Chief Inspector of the National Probation Service for England and Wales,
references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty’s Inspectorate of the National Probation Service for England and Wales.
The chief inspector must secure that the provision made in pursuance of arrangements made by each local probation board under section 5 is inspected by a member of the inspectorate.
The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.
A report of an inspection under subsection (1) must be sent to the Secretary of State.
The Secretary of State may give directions as to—
the information to be given in the report and the form in which it is to be given,
the time by which the report is to be given.
The Secretary of State must lay a copy of the report before each House of Parliament.
The Secretary of State may give directions, in connection with the purposes mentioned in section 1 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.
The Secretary of State may by order provide for any services to which, in his opinion, subsection (3) applies to be provided not by the staff of local probation boards but by others under arrangements made with the boards.
The order may provide that only the Secretary of State, or an organisation or individual of a description specified in the order, may provide the services.
This subsection applies to services—
which are required by local probation boards in connection with the exercise of their functions, but
which, with a view to obtaining better value for money or to improving the standard of the services or the efficiency of their provision, are better provided by persons other than the staff of local probation boards.
The Secretary of State may approve premises in which accommodation is provided—
for persons granted bail in criminal proceedings (within the meaning of the Bail Act 1976), or
for, or in connection with, the supervision or rehabilitation of persons convicted of offences.
References in any enactment to an approved bail hostel or approved probation hostel are to be read as references to premises approved under this section.
Regulations may provide for the regulation, management and inspection of premises approved under this section.
The Secretary of State may at any time make payments of any amount he considers appropriate towards the expenditure of any person in carrying on, or enlarging or improving, any premises if the premises are approved under this section or the payment is made with a view to their approval.
The power conferred by this section is exercisable by the Secretary of State in respect of a local probation board if it appears to him that the board is failing to perform the functions conferred on it or that its arrangements for performing those functions do not represent good value for money.
The Secretary of State may make an order (a “management order”) in respect of the board.
A management order may modify the application of Schedule 1 in relation to the board by—
providing for the board to comprise persons determined in accordance with an arrangement made between the Secretary of State and an organisation (a “management arrangement”), and
making any other modifications which appear to the Secretary of State to be necessary or expedient in consequence of that provision or of the management arrangement.
A management order may provide for the persons determined in accordance with the management arrangement to replace all or any of the chairman, the chief officer and the other existing members of the board; and vacancies occurring among the replacements are to be filled in accordance with the management arrangement.
The power to revoke a management order is exercisable at any time when the Secretary of State considers it necessary or expedient to revoke it.
On the revocation of a management order, any person who is a member of the board by virtue of the order and the arrangement ceases to be a member; and, accordingly, any vacancy occurring by virtue of the revocation is to be filled in accordance with Schedule 1 (unless the Secretary of State makes a new management order).
There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.
Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.
References in this Act or any other enactment to an officer of the Service are references to—
any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and
any other individual exercising functions of an officer of the Service by virtue of section 13(2) or (4).
In respect of family proceedings in which the welfare of children is or may be in question, it is a function of the Service to—
safeguard and promote the welfare of the children,
give advice to any court about any application made to it in such proceedings,
make provision for the children to be represented in such proceedings,
provide information, advice and other support for the children and their families.
The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).
Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service’s functions.
The regulations may provide for the grants to be paid on conditions, including conditions—
regulating the purposes for which the grant or any part of it may be used,
requiring repayment to the Service in specified circumstances.
In this section, “family proceedings” has the same meaning as in the Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the Children Act 1989, but—
references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, and
for the purposes of paragraph (a), where a supervision order (within the meaning of the Children Act 1989) is made in family proceedings, the proceedings are not to be treated as concluded until the order has ceased to have effect.
The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.
Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.
But the Service may only make an arrangement under subsection (1) if it is of the opinion—
that the functions in question will be performed efficiently and to the required standard, and
that the arrangement represents good value for money.
The Service may make arrangements with individuals under which they may perform functions of officers of the Service.
The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.
The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.
The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.
The Service may charge for anything done under arrangements under this section.
The Service may authorise an officer of the Service of a prescribed description— in the exercise of his functions.
to conduct litigation in relation to any proceedings in any court,
to exercise a right of audience in any proceedings before any court,
An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of section 28(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having acquired that right solely by virtue of this section.
An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of section 27(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having acquired that right solely by virtue of this section.
In this section and section 16, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.
An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.
In section 62 of the Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (3) there is inserted—
In section 63 of that Act (powers of inspectors)—
after subsection (2) there is inserted—,
in subsection (3), after “(1)” there is inserted “or (2A)” and for “that subsection” there is substituted “subsection (1) or (2A) above”.
This section applies for the purposes of sections 19 to 21 and Schedule 3.
“Eligible employee” means—
in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,
in relation to a probation committee, a person (other than a chief probation officer) who is employed under a contract of employment with the committee.
“New employer” means a local probation board or the Service.
“Old employer” means a local authority, a probation committee, the Official Solicitor or the Receiver for the Metropolitan Police District.
“Property” includes rights and interests of any description, other than—
those under a contract of employment,
land, in the case of transfers to a local board.
The appropriate Minister may by order make a scheme—
for the transfer to the Minister or the Service of any property belonging to the old employer,
for the transfer to the Minister or the Service of any liabilities to which the old employer is subject,
for the transfer of property or liabilities to a new employer after an initial transfer to the Minister under paragraph (a) or (b),
for the Service to have any rights or interests which the Minister considers appropriate in relation to any property transferred to the Minister under the scheme.
Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.
No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—
it is stamped with the duty to which it would, but for this section, be liable, or
it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
Schedule 3 (contents of schemes) applies in relation to a scheme under this section.
The appropriate Minister may by order make a scheme for the transfer to a new employer of any eligible employee.
A scheme may also provide for any persons who are employed as chief probation officer under a contract of employment with a probation committee to be appointed (under paragraphs 2 and 3 of Schedule 1) as chief officer of a local probation board.
A scheme may apply—
to all, or any description of, eligible employees or persons so employed, or
to any individual eligible employee or person so employed.
A scheme may be made only if any directions about consultation given by the appropriate Minister have been complied with in relation to each of the eligible employees and chief probation officers to be transferred or appointed in pursuance of the scheme.
The contract of employment of an employee transferred under a scheme—
is not terminated by the transfer,
has effect from the date of transfer as if originally made between the employee and the transferee.
Where an employee is transferred under a scheme—
all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and
anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee. This subsection does not prejudice the generality of subsection (1).
But if the employee informs the old employer or the transferee that he objects to the transfer—
subsections (1) and (2) do not transfer his contract of employment, or the rights, powers, duties and liabilities under or in connection with it, and
the contract of employment is terminated immediately before the date of transfer.
An employee is not to be treated, for the purposes of the Employment Rights Act 1996, as having been dismissed by the old employer by reason of—
the transfer of his contract of employment under a scheme, or
the termination of his contract of employment by virtue of subsection (3).
Subject to subsection (4), where an employee’s contract of employment with a probation committee is not transferred under a scheme, it is terminated immediately before the date on which the committee ceases to exist; and the employee is to be treated, for the purposes of the Employment Rights Act 1996, as having been dismissed by the committee.
This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions. But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
In this section—
“detention” means detention by virtue of an order of a court or under an enactment,
“senior court” means the Crown Court, the Court of Appeal, a court-martial or the Courts-Martial Appeal Court.
“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services,
“relevant order” means—
“custodial order” means an order under—
section 71AA of, or paragraph 10 of Schedule 5A to, the Air Force Act 1955,
section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.
This section applies where a scheme made by virtue of section 20 provides for a person who is employed as chief probation officer under a contract of employment with a probation committee to be appointed as chief officer of a local probation board.
The officer’s period of employment with the committee counts as a period of employment in his Crown employment and the appointment does not break the continuity of that employment.
So far as it is consistent with appointment under paragraphs 2 and 3 of Schedule 1, the terms and conditions of the officer’s contract of employment have effect on and after his appointment as if they were terms and conditions of his Crown employment.
Section 21(2) applies, with the necessary modifications, in relation to the officer as it applies in relation to an employee of a probation committee whose contract of employment is transferred to the local probation board.
The officer is not to be treated, for the purposes of the Employment Rights Act 1996, as having been dismissed by the probation committee by reason of his appointment.
But if the officer informs the probation committee or the Secretary of State that he objects to the appointment, subsections (2) to (5) do not apply.
Where the officer is not appointed as chief officer of a local probation board (whether because he objects to the appointment or for any other reason), his contract of employment is terminated immediately before the date on which the committee ceases to exist; and he is to be treated, for the purposes of the Employment Rights Act 1996, as having been dismissed by the committee.
In this section, “Crown employment” means the employment which the chief officer of a local probation board is to be treated as employed in, for the purposes of the Employment Rights Act 1996, by virtue of paragraph 3(5) of Schedule 1 to this Act.
This section applies where, by reason of the implementation or termination of any arrangements under section 5, 8 or 13, any functions exercisable by any person (the “old employer”) become exercisable by another person (whether on behalf, or instead, of the old employer).
The appropriate Minister may by order make a scheme for the transfer to the other person (the “transferee”) of any person (an “eligible employee”) employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.
A scheme may apply—
to all, or any description of, eligible employees, or
to any individual eligible employee.
A scheme may be made only if any directions about consultation given by the appropriate Minister have been complied with in relation to each of the eligible employees to be transferred in pursuance of the scheme.
Section 21 (except subsection (5) and the definitions of “scheme” and “transferee”) applies to a scheme made by virtue of this section as it applies to a scheme made by virtue of section 20, and as if “old employer” and “transferee” had the same meanings as in this section.
The Protection of Children Act 1999 (“the 1999 Act”) shall have effect as if the Service were a child care organisation within the meaning of that Act.
Arrangements which the Service makes with an organisation under section 13(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—
must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
if he is included in any of those lists, must not select him for that employment.
Such arrangements must provide that, if at any time the organisation has power to refer a relevant individual to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary action etc.), the organisation must so refer him.
“hospital” has—
In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.
In this Part—
in relation to England and Wales, the same meaning as in the Care Standards Act 2000,
“nursing home” has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992,
in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 1977,
in relation to Chapter I, regulations made by the Secretary of State,
“local authority” has the same meaning as in the Education Act 1996,
in relation to Chapter II, regulations made by the Lord Chancellor.
a sentence of detention in a young offender institution for a term of 12 months or more,
a detention and training order for a term of 12 months or more,
For the purposes of this Part, an individual commits an offence against a child if— and references to being convicted of, or charged with, an offence against a child are to be read accordingly.
he commits any offence mentioned in paragraph 1 of Schedule 4,
he commits against a child any offence mentioned in paragraph 2 of that Schedule, or
he falls within paragraph 3 of that Schedule,
The Secretary of State may by order amend Schedule 4 so as to add, modify or omit any entry.
For the purposes of this Part, an individual is treated as being convicted of or (as the case may be) charged with an offence against a child if he is convicted of or charged with an equivalent armed forces offence.
In subsection (1), “equivalent armed forces offence” means an armed forces offence constituted by an act or omission which—
is an offence against a child, or
would, if committed in England or Wales, be an offence against a child.
In that subsection, “equivalent armed forces offence” also includes a civil offence of attempting to commit—
an offence against a child, or
an act that would, if committed in England or Wales, be an offence against a child.
For the purpose of determining whether an offence is an equivalent armed forces offence, Schedule 4 shall have effect as if the words “or attempting” were omitted from paragraph 3(t).
In this section, “civil offence” has the same meaning as in the Army Act 1955.
This section applies where either of the conditions set out below is satisfied in the case of an individual.
The first condition is that—
the individual is convicted of an offence against a child committed when he was aged 18 or over, and
a qualifying sentence is imposed by a senior court in respect of the conviction.
The second condition is that—
the individual is charged with an offence against a child committed when he was aged 18 or over, and
a relevant order is made by a senior court in respect of the act or omission charged against him as the offence.
Subject to subsection (5), the court must order the individual to be disqualified from working with children.
An order shall not be made under this section if the court is satisfied, having regard to all the circumstances, that it is unlikely that the individual will commit any further offence against a child.
If the court does not make an order under this section, it must state its reasons for not doing so and cause those reasons to be included in the record of the proceedings.
This section applies where either of the conditions set out below is satisfied in the case of an individual.
The first condition is that—
the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, and
a qualifying sentence is imposed by a senior court in respect of the conviction.
The second condition is that—
the individual is charged with an offence against a child committed at a time when the individual was under the age of 18, and
a relevant order is made by a senior court in respect of the act or omission charged against him as the offence.
If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.
If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
In sections 28 and 29 and this section—
The reference to detention in paragraph (f) of the above definition of “qualifying sentence” includes a reference to detention by virtue of a custodial order under—
section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955,
section 71AA of, or paragraph 10 of Schedule 5A to, the Air Force Act 1955,
section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.
In this Part, references to a sentence of imprisonment, or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court, include references to a suspended sentence.
If, for the purpose of making an order under section 28 or 29, the court determines, after considering any available evidence, that an individual was, or was not, under the age of 18 at the time when the offence in question was committed, his age at that time shall be taken, for the purposes of that sections (and in particular for the purpose of determining any question as to the validity of the order), to be that which the court determined it to be.
Below in this Part—
references to a disqualification order are to an order under section 28 or 29,
in relation to an individual on whom a sentence has been passed, or in relation to whom an order has been made, as mentioned in subsection (2) or (3) of section 28 or 29, references to his sentence are to that sentence or order.
An individual may appeal against a disqualification order—
where the first condition mentioned in section 28 or 29 is satisfied in his case, as if the order were a sentence passed on him for the offence of which he has been convicted,
where the second condition mentioned in section 28 or 29 is satisfied in his case, as if he had been convicted of an offence on indictment and the order were a sentence passed on him for the offence.
In relation to a disqualification order made by a court-martial, subsection (1)(b) has effect as if the reference to conviction on indictment were a reference to conviction by a court-martial.
Subject to section 33, an individual who is subject to a disqualification order may make an application to the Tribunal under this section.
On an application under this section the Tribunal must determine whether or not the individual is to continue to be subject to the order.
If the Tribunal is satisfied that the individual is suitable to work with children, it must direct that the order is to cease to have effect; otherwise it must dismiss the application.
An individual may only make an application under section 32 with the leave of the Tribunal.
An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual’s case.
In the case of an individual who was under the age of 18 when he committed the offence against a child, the appropriate conditions are satisfied if—
at least five years have elapsed since the relevant date, and
in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
In the case of any other individual, the appropriate conditions are satisfied if—
at least ten years have elapsed since the relevant date, and
in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
The Tribunal may not grant an application under this section unless it considers—
that the individual’s circumstances have changed since the order was made or, as the case may be, since he last made an application under this section, and
that the change is such that leave should be granted.
In this section, “the relevant date” means—
in relation to an individual whose sentence is an actual term of custody, the day on which he is released or, if later, the day on which the disqualification order is made,
in relation to an individual whose sentence is suspended and does not take effect, the day on which the disqualification order is made,
in relation to an individual whose sentence is an order for admission to hospital—
if he is detained in a hospital pursuant to the order, the day on which he ceases to be liable to be detained there, or
if he is not so detained, the day on which the disqualification order is made,
in relation to an individual whose sentence is a guardianship order, the day on which the disqualification order is made.
In this section—
In subsection (7) “detention” means detention (or detention and training) under any sentence or order mentioned in paragraphs (b) to (f) of the definition of “qualifying sentence” in section 30(1).
If it appears to a chief officer of police or a director of social services of a local authority that the conditions set out in subsection (2) are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.
The conditions are that—
a disqualification order made in respect of the individual is no longer in force, and
the individual has acted in such a way (whether before or after the order ceased to be in force) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.
An application under this section may be made at any time after the disqualification order ceased to be in force.
If the High Court is satisfied that the conditions set out in subsection (2) are satisfied, it must order that the disqualification order is to be restored; otherwise it must dismiss the application.
Where an order is made under this section, section 33 has effect with the following modifications—
in subsection (3), the reference to the individual being under the age of 18 when he committed the offence against a child is to be read as a reference to his being under that age when the order under this section was made,
in subsections (3)(a) and (4)(a), references to the relevant date are to be read as references to the date on which the order under this section was made,
in subsection (5)(a), the reference to the individual’s circumstances changing since the disqualification order was made is to be read as a reference to his circumstances changing since the order under this section was made.
For the purposes of this section a disqualification order is no longer in force if a direction under section 32(3) has been given in respect of it and it is not restored by virtue of an order under this section.
An individual who is disqualified from working with children is guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a regulated position.
An individual is guilty of an offence if he knowingly—
offers work in a regulated position to, or procures work in a regulated position for, an individual who is disqualified from working with children, or
fails to remove such an individual from such work.
It is a defence for an individual charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was disqualified from working with children.
An individual is disqualified from working with children for the purposes of this Part if—
he is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children),
he is included, on the grounds of not being a fit person, in the list kept for the purposes of regulations under section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment as teacher etc.),
he is included, on the grounds that he is unsuitable to work with children, in any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996, or
he is subject to a disqualification order.
In subsection (4)(b) “grounds of not being a fit person” means the grounds mentioned in section 218(6ZA)(c) of the Education Reform Act 1988.
An individual who is guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both,
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.
The regulated positions for the purposes of this Part are—
a position whose normal duties include work in an establishment mentioned in subsection (2),
a position whose normal duties include work on day care premises,
a position whose normal duties include caring for, training, supervising or being in sole charge of children,
a position whose normal duties involve unsupervised contact with children under arrangements made by a responsible person,
a position whose normal duties include caring for children under the age of 16 in the course of the children’s employment,
a position a substantial part of whose normal duties includes supervising or training children under the age of 16 in the course of the children’s employment,
a position mentioned in subsection (6),
a position whose normal duties include supervising or managing an individual in his work in a regulated position.
The establishments referred to in subsection (1)(a) are—
an institution which is exclusively or mainly for the detention of children,
a hospital which is exclusively or mainly for the reception and treatment of children,
a care home, residential care home, nursing home or private hospital which is exclusively or mainly for children,
an educational institution,
a children’s home or voluntary home,
a home provided under section 82(5) of the Children Act 1989.
For the purposes of this section, work done on any premises is treated as not being done on day care premises to the extent that—
it is done in a part of the premises in which children are not looked after, or
it is done at times when children are not looked after there.
The duties referred to in subsection (1)(c) and (d) do not include (respectively)—
caring for, training, supervising or being in sole charge of children in the course of the children’s employment, or
duties involving contact with children in the course of the children’s employment.
The reference in subsection (1)(d) to unsupervised contact is to contact in the absence of any responsible person or carer; and in this subsection, “carer” means a person who holds a position such as is mentioned in subsection (1)(c).
The positions mentioned in subsection (1)(g) are—
member of the governing body of an educational institution,
member of a relevant local government body,
director of social services of a local authority,
chief education officer of a local education authority,
charity trustee of a children’s charity,
member of the Youth Justice Board for England and Wales,
Children’s Commissioner for Wales or deputy Children’s Commissioner for Wales,
member, or chief executive, of the Children and Family Court Advisory and Support Service.
For the purposes of subsection (6), a person is a member of a relevant local government body if—
he is a member of, or of an executive of, a local authority and discharges any education functions, or social services functions, of a local authority,
he is a member of an executive of a local authority which discharges any such functions,
he is a member of— which discharges any such functions.
a committee of an executive of a local authority, or
an area committee, or any other committee, of a local authority,
In its application to Northern Ireland, subsection (6) is to be read as mentioning also the following positions—
member, or director of social services, of a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972,
member, or executive director of social work, of a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991,
member, or chief education officer, of an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986.
Any reference in subsection (7) to a committee includes a reference to any sub-committee which discharges any functions of that committee.
For the purposes of subsection (1)(h), the holder of a position—
only supervises an individual if he supervises the day-to-day performance of the individual’s duties, and
only manages an individual if the individual is directly responsible to him for the performance of his duties or he has authority to dismiss the individual.
For the purposes of this section, a charity is a children’s charity if the individuals who are workers for the charity normally include individuals working in regulated positions.
For the purposes of this section, an individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this subsection do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.
For the purposes of this section, the following are responsible persons in relation to a child—
the child’s parent or guardian and any adult with whom the child lives,
the person in charge of any establishment mentioned in subsection (2) in which the child is accommodated, is a patient or receives education, and any person acting on behalf of such a person,
a person registered under Part XA of the Children Act 1989 for providing day care on premises on which the child is cared for, and
any person holding a position mentioned in subsection (6).
In this section—
“disqualification order” has the meaning given by section 30,
For the purpose of amending the definition of “regulated position”, the Secretary of State may by order make any amendment of this section (apart from this subsection) which he thinks appropriate.
The Secretary of State may by order provide that section 35 shall apply in relation to an individual falling within subsection (2) as it applies in relation to an individual who is disqualified from working with children.
An individual falls within this subsection if, under the law of Scotland or Northern Ireland, he is subject to a prohibition or disqualification which, in the opinion of the Secretary of State, corresponds to disqualification (by any of the means mentioned in section 35(4)) from working with children.
Where a disqualification order is made in respect of an individual’s conviction of an offence, the rehabilitation period which, in accordance with section 6 of the Rehabilitation of Offenders Act 1974, is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.
In this section, “conviction” has the same meaning as in that Act.
In section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child), for “fourteen” there is substituted “sixteen”.
The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
At the end of section 22 (indecent conduct towards child) there is inserted—
In section 180(1) (interpretation), in the definition of “child”—
after ““child”” there is inserted “, except when used in section 22,”, and
at the end there is inserted “and, when used in section 22, has the meaning assigned to it by that section”.
In section 6(2) of the Protection of Children Act 1978 (punishments), for “three” there is substituted “ten”.
In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for “three” there is substituted “ten”.
In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)—
after subsection (2) there is inserted—,
for the sidenote there is substituted “Possession of indecent photograph of child”.
In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)—
after paragraph (2) there is inserted—,
for the heading there is substituted “Possession of indecent photograph of child”.
In this Part—
“care home” has the same meaning as in the Care Standards Act 2000,
In this Part references, in relation to a suspended sentence, to taking effect are to taking effect by virtue of—
an order or direction under section 91 of the Naval Discipline Act 1957 or section 119 of the Powers of Criminal Courts (Sentencing) Act 2000, or
the determination of the suspension under section 120 of the Army Act 1955 or section 120 of the Air Force Act 1955.
An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for ““probation order”” there is substituted ““community rehabilitation order””, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a probation order—
are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
“community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000
An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for ““community service order”” there is substituted ““community punishment order””, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a community service order—
are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”— and that definition is moved to follow the definition of “community order”.
for “service” there is substituted “punishment”,
for the words from “means” to the first mention of “above” there is substituted “has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000”,
An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
Accordingly—
in subsection (2) of that section, for ““combination order”” there is substituted ““community punishment and rehabilitation order””, but
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
References in any enactment, instrument or document to a combination order—
are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
include (where the context allows) an order under that subsection.
“community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000
After section 40 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
After section 58 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
In Chapter I of Part IV of the Powers of Criminal Courts (Sentencing) Act 2000, after section 36 there is inserted—
In section 42 of the Powers of Criminal Courts (Sentencing) Act 2000 (additional requirements which may be included in community rehabilitation orders), in subsection (2)—
after “above” there is inserted—,
at the end there is inserted—
In section 47 of that Act (obligations of person subject to community punishment order), after subsection (3) there is inserted—
In Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 (additional requirements which may be included in community rehabilitation orders), after paragraph 6 there is inserted—
In Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 (additional requirements which may be included in community rehabilitation orders), after paragraph 7 there is inserted—
After section 36A of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of requirements of community orders) is amended as follows.
The orders mentioned in paragraphs (a) to (d) and (f) of sub-paragraph (1) above and, if an order made by the Secretary of State so provides, any other order mentioned in that sub-paragraph are referred to in this Schedule as orders to which the warning provisions apply.
In Part II, before paragraph 3 (and the cross-heading preceding it) there is inserted—
This paragraph applies if it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order. In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the magistrates' court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion— The sentence of imprisonment— taking account of the extent to which he has complied with the requirements of the order. If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the magistrates' court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—
This paragraph applies where under paragraph 3 or by virtue of paragraph 4(4) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order. In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the Crown Court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion— The sentence of imprisonment— taking account of the extent to which he has complied with the requirements of the order. If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the Crown Court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—
Paragraphs 4(1A) and 5(1A) above do not apply in respect of a failure to comply with a requirement to abstain from misusing specified Class A drugs.
Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it. Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.
Regulations made by the Secretary of State may provide for—
the supervision of persons subject to community rehabilitation orders or community punishment and rehabilitation orders,
the arrangements to be made by local probation boards for persons subject to community punishment orders, or community punishment and rehabilitation orders, to perform work and the performance of such work.
In particular, they may regulate the functions of—
officers of local probation boards and members of youth offending teams who are responsible for the supervision of offenders subject to community rehabilitation orders, and
officers of local probation boards or other persons who are, in relation to persons subject to community punishment orders, responsible officers (within the meaning of section 46(13) of the Powers of Criminal Courts (Sentencing) Act 2000).
Regulations made by virtue of subsection (1)(b) may, in particular, make provision—
limiting the number of hours of work to be done by a person on any one day,
as to the reckoning of hours worked and the keeping of work records, and
for the payment of travelling and other expenses in connection with the performance of work.
In section 65 of the Crime and Disorder Act 1998 (reprimands and warnings)—
for subsection (5)(a) there is substituted—,
in subsection (6), after paragraph (a) there is inserted—.
In section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—.
The Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
After section 63A there is inserted—
In section 38 (duties of custody officer after charge)—
in subsection (1)(a), after sub-paragraph (iii) there is inserted—,
at the end of subsection (2) there is inserted “but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence”.
At the end of section 66 (codes of practice) there is inserted—
The Secretary of State may by order amend section 63B(2) of that Act so as to extend it to persons who have been arrested for (but not charged with) the offences in question.
In section 4 of the Bail Act 1976 (general right to bail), after subsection (8) there is inserted—
In section 43(1) of the Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
After section 82 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
In section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”; and, in the sidenote, after “murder” there is inserted “etc.”.
This section has effect in relation to sentences passed after the coming into force of this section.
In relation to any time before the coming into force of section 87 of the Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for “of any direction which it would have given under section 87 below (crediting periods of remand in custody)” there were substituted “which section 67 of the Criminal Justice Act 1967 would have had”.
No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
A person who— may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
is aged at least 18 but under 21,
A person— may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
who is aged under 21,
A person who has been sentenced to imprisonment and is aged under 21 may be detained— determined by the Secretary of State.
in a prison, or
in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
The repeal by this Act of section 106(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of sentences of detention in a young offender institution) does not affect the validity of any order made, or having effect as if made, under paragraph (b) of that subsection.
In this section—
On the coming into force of this section— are omitted.
paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
paragraph (b) of the definition of “relevant sentence” in section 69(7),
This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
the Secretary of State is required to, or may, release the person from prison, and
the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
The conditions may include—
conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
In relation to a prisoner released under section 34A(3) of the Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).
The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
In this section, “sentence of imprisonment” includes— and “prison” shall be construed accordingly.
a detention and training order,
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
a sentence of custody for life under section 93 or 94 of that Act,
Section 65 of the Criminal Justice Act 1991 is amended as follows.
After subsection (5) there is inserted—
After subsection (8) there is inserted—
This section applies where—
the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed for a trigger offence, and
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed).
For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.
The requirement is that the person must provide, when instructed to do so by an officer of a local probation board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
In this section, “sentence of imprisonment” includes— and “prison” shall be construed accordingly.
a detention and training order,
a sentence of detention in a young offender institution,
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
a sentence of custody for life under section 93 or 94 of that Act,
In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(d) there is inserted—.
Schedule 5 (which amends the Sex Offenders Act 1997 in respect of persons who are subject to the notification requirements of that Act to make provision, in particular, for— is to have effect.
altering the requirements,
increasing penalties,
enabling courts to make restraining orders, and
improving the information held about such persons),
In this section—
“relevant sexual or violent offender” has the meaning given by section 68, and
The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—
relevant sexual or violent offenders, and
other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public.
The responsible authority for each area must keep the arrangements established by it under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.
As soon as practicable after the end of the period of 12 months beginning with the coming into force of this section and each subsequent period of 12 months, the responsible authority for each area must—
prepare a report on the discharge by it during that period of the functions conferred by this section, and
publish the report in that area.
The report must include—
details of the arrangements established by the responsible authority, and
information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.
The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section.
For the purposes of section 67, a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (5).
A person falls within this subsection if he is subject to the notification requirements of Part I of the Sex Offenders Act 1997.
A person falls within this subsection if—
he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and
one of the following sentences is imposed on him in respect of the conviction—
a sentence of imprisonment for a term of 12 months or more,
a sentence of detention in a young offender institution for a term of 12 months or more,
a sentence of detention during Her Majesty’s pleasure,
a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
a detention and training order for a term of 12 months or more, or
a hospital or guardianship order within the meaning of the Mental Health Act 1983.
A person falls within this subsection if—
he is found not guilty by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and
one of the following orders is made in respect of the act charged against him as the offence—
an order that he be admitted to hospital, or
a guardianship order within the meaning of the Mental Health Act 1983.
A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case.
In this section “court” does not include a court-martial or the Courts-Martial Appeal Court.
This section applies in a case where a court—
convicts an offender of a sexual or violent offence, and
imposes a relevant sentence on him in respect of that conviction.
In cases where this section applies, the local probation board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to—
make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or
receive information about any conditions or requirements to which the offender is to be subject on his release.
In this section, “appropriate person”, in relation to an offence, means any person who appears to the local probation board in question to be, or to act for, the victim of the offence (“the victim”).
Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (2), the relevant local probation board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.
Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (2)(b), the relevant local probation board must take all reasonable steps—
to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,
if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and
to provide that person with such other information as is considered by that local probation board to be appropriate in all the circumstances of the case.
For the purposes of subsections (4) and (5), “relevant local probation board” means—
where the offender is to be supervised on release by an officer of a local probation board, that local probation board,
in any other case, the local probation board for the area in which the prison or other place of detention from which the offender is to be released is situated.
In this section—
“relevant sentence” means—
“trigger offence” has the meaning given by Schedule 6.
a detention and training order for a term of 12 months or more,
An offence is a sexual or violent offence for the purposes of this section if it is—
a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,
an offence in respect of which the offender is subject to the notification requirements of Part I of the Sex Offenders Act 1997, or
an offence against a child within the meaning of Part II of this Act.
This section has effect in relation to cases where the relevant sentence is imposed after the section comes into force.
In this Part—
The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.
In this Part (except in section 69), references to release include temporary release.
“specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000 “trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000
Section 53 does not apply in relation to any community order made before that section comes into force.
The Secretary of State may make any information held by him for the purposes of Part III of the Road Traffic Act 1988 available to the Police Information Technology Organisation for use by constables.
In respect of any information made available to the Organisation under subsection (1), the Secretary of State may by regulations—
determine the purposes for which constables may be given access to the information,
determine the circumstances in which any of the information to which they have been given access may be further disclosed by them.
Before making any regulations applying in respect of constables in police forces in Scotland, the Secretary of State must, to the extent to which the regulations will so apply, consult the Scottish Ministers.
In this section, “information” means information held in any form.
Section 105(2)(b) of that Act (power by regulations to make particulars with respect to persons who are disqualified etc. available for use by the police) is to cease to have effect.
In section 444 of the Education Act 1996 (failure to secure regular attendance at school)—
after subsection (1) there is inserted—,
in subsection (8), for “this section” there is substituted “subsection (1)”,
after that subsection there is inserted—
This section does not apply to an offence committed before the section comes into force.
In section 8(8) of the Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—.
Schedule 7 (which makes minor and consequential amendments) is to have effect.
The enactments specified in Schedule 8 are repealed to the extent specified.
This section applies to any power conferred by this Act on the Lord Chancellor or the Secretary of State to make regulations, rules or an order.
The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.
The power may be exercised so as to make different provision for different purposes or different areas.
The power includes power to make— which the Minister exercising the power considers necessary or expedient.
any supplementary, incidental or consequential provision, and
any transitory, transitional or saving provision,
An order— may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.
making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2), or
making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,
Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (6) does not apply to a statutory instrument containing an order—
revoking an order made by virtue of section 10, or
made by virtue only of section 80.
The Lord Chancellor or the Secretary of State may by order make— which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
In this Act—
In this Act, “enactment” means an enactment whenever passed or made; but in this Part it means—
an Act passed before, or in the same Session as, this Act, and
subordinate legislation made before the passing of this Act.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act,
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.
Different days may be appointed under this section for different purposes and different areas.
Subsection (1) does not apply to—
sections 19 to 22,
section 60,
this Chapter,
in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),
the repeals mentioned in the note to Schedule 8.
Subject to the following provisions, this Act extends to England and Wales only.
Subsection (1) does not apply to—
sections 26 to 33, so far as they relate to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court,
section 60, and paragraphs 135 to 138, 142 and 144 to 148 of Schedule 7, so far as they relate to sentences passed by a court-martial,
section 61 so far as it relates to sentences passed by a court-martial or a Standing Civilian Court,
section 66 and Schedule 5,
section 71,
this Chapter,
paragraphs 17 and 19 of Schedule 2,
any amendment by Schedule 7 of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957,
paragraph 159 of Schedule 7.
Sections 35, 36 and 41 extend to England and Wales and Northern Ireland.
Section 40 extends to Northern Ireland only.
The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.
For the purposes of the Scotland Act 1998, any provision of section 66 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.
This Act may be cited as the Criminal Justice and Court Services Act 2000.
Section 4.
A local probation board shall be a body corporate.
A local probation board is to consist of a chairman, a chief officer and not less than five other members. One of the other members is to be appointed by the Lord Chancellor from among the judges of the Crown Court (being a judge of the High Court, a Circuit judge or a Recorder). The chairman, the chief officer and the other members are to be appointed by the Secretary of State. Regulations may make provision as to their appointment (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment as a member). Regulations made by virtue of sub-paragraph (4) and coming into force on or after the coming into force of section 4 must make provision— Regulations must provide, so far as it is practicable to do so, for the persons appointed to be representative of the local community in the board’s area and to live or work (or to have lived or worked) in that area. Below in this Schedule, “member” includes the chairman and chief officer (where the context allows).
A person is to hold and vacate office as a member in accordance with the terms of the instrument appointing him. A person may at any time resign office as a member by giving written notice to the Secretary of State or, as the case may be, the Lord Chancellor. The Secretary of State or, as the case may be, the Lord Chancellor may remove a member from office by giving written notice to him. Regulations may make provision as to the tenure of office of the members (including the circumstances in which they cease to hold office or may be removed or suspended from office). The chief officer is to be treated for the purposes of the Employment Rights Act 1996 as if he were in Crown employment (within the meaning of that Act). Sub-paragraphs (1) to (3) have effect subject to sub-paragraph (5) and any regulations made by virtue of sub-paragraph (4).
Regulations may require the chairman to make a report to the Secretary of State about the performance of the other members, or any of them, and may confer other functions on the chairman.
It is for the Secretary of State to pay, or make provision for paying, to or in respect of any person who is or has been a member— determined by him. If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as a member otherwise than on the expiration of his term of office to receive compensation, the Secretary of State may pay an amount of compensation determined by him to that person.
Regulations may provide for—
the establishment and functions of committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members),
the procedure of the boards and of any committees or sub-committees of the boards (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
Regulations shall provide—
for each local probation board to appoint a secretary or treasurer (including the conditions to be fulfilled for appointment),
for the tenure of office of a secretary or treasurer so appointed (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
A local probation board may appoint staff on terms and conditions determined by the local probation board as to— But—
A local probation board may arrange for a committee, sub-committee or member to discharge functions of the board.
Regulations may provide for prescribed functions or other powers of a local probation board to be exercised by the chief officer on behalf of the board.
The Secretary of State may pay to a local probation board any amount he considers appropriate. If he considers it appropriate, he may make any payment on conditions. The conditions may (among other things)—
Functions and other powers of local probation boards must be performed in accordance with any directions given to them by the Secretary of State. A local probation board must provide the Secretary of State with any information relating to the performance of its functions or other powers which he may from time to time require.
Subject to any directions given by the Secretary of State, a local probation board may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions. That includes, in particular— But a local probation board— Approval under this paragraph may be either general or special.
Different directions may be given under this Chapter for different purposes. Directions under this Chapter may be either general or special. Directions under this Chapter may apply in relation to local probation boards generally or in relation to one or more local probation boards identified in the directions.
A local probation board must, before the beginning of each financial year— If the plan does not appear to the Secretary of State to be satisfactory, he may direct the local probation board to modify it.
A local probation board must— The Secretary of State may give directions as to—
A local probation board must— The Comptroller and Auditor General may examine any accounts of a local probation board, any records relating to the accounts and any auditor’s report on them. In the Audit Commission Act 1998— The Secretary of State must prepare in respect of each financial year consolidated accounts of the local probation boards and send them, not later than the time specified in directions given by the Treasury, to the Comptroller and Auditor General. The Comptroller and Auditor General must examine and certify the consolidated accounts and lay copies of them, together with his report on them, before the House of Commons.
Regulations may require each local probation board to make and publicise arrangements for dealing with complaints made by or on behalf of prescribed persons in relation to things done under the arrangements made by the board under section 5.
A local probation board is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
“Financial year”, in this Schedule, means—
the period beginning with the date on which the local probation board is established and ending with the next following 31st March, and
each successive period of twelve months.
Section 11.
The Service is to consist of a chairman, and not less than ten other members, appointed by the Lord Chancellor.
Regulations may provide— References below in this Schedule to members of the Service do not include co-opted members.
The Service may pay, or make provision for paying, to or in respect of any person who is or has been the chairman or another member— determined by the Lord Chancellor. The Service may, to any extent determined by the Lord Chancellor, reimburse any co-opted members for any expenses or loss of earnings. Where a person ceases to be chairman or another member of the Service otherwise than on the expiry of his term of office and it appears to the Lord Chancellor that there are circumstances which make it right for that person to receive compensation, the Service may pay that person an amount determined by the Lord Chancellor.
Regulations may provide for—
the establishment and functions of committees (including committees which include persons who are not the chairman or another member of the Service),
the procedure of the Service and of any of its committees (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).
The Service may appoint— Regulations may make provision as to the qualifications, experience or training to be required of officers of the Service (whether or not appointed under sub-paragraph (1)(a)). One of the staff appointed under sub-paragraph (1)(b) is to be the chief executive. The Service must not appoint a person— without the approval of the Lord Chancellor.
Staff of the Service are to be appointed on terms and conditions determined by the Service as to— It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service. But a determination under this paragraph requires the approval of the Lord Chancellor.
The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.
The Lord Chancellor may, at any time, pay to the Service any amount he considers appropriate. If he considers it appropriate, he may make any payment on conditions.
Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the Lord Chancellor. In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards. The Service must provide the Lord Chancellor with any information relating to the performance of its functions which he may from time to time require.
Subject to any directions given by the Lord Chancellor, the Service may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions. That includes, in particular— But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the Lord Chancellor.
Different directions may be given under this Schedule for different purposes. Directions under this Schedule may be either general or special.
The Service must make a report to the Lord Chancellor in respect of each financial year on the performance of its functions. The Lord Chancellor may give directions as to— The Lord Chancellor must—
The Service must— The statement of accounts must comply with any directions given by the Lord Chancellor as to— and must contain any additional information the Lord Chancellor may require to be provided for the information of Parliament. The Service must, in accordance with directions given by the Lord Chancellor— The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.
“Financial year”, in this Schedule, means—
the period beginning with the date on which the Service is established and ending with the next following 31st March, and
each successive period of twelve months.
The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.
The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.
Children and Family Court Advisory and Support Service.
Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply. The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The Children and Family Court Advisory and Support Service
Section 19.
A scheme may, in particular—
provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,
provide for any property, liabilities or conditions to be determined under the scheme.
A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities. A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme. In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.
Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him. Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both. A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.
Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
A certificate issued by the appropriate Minister that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.
Section 26.
The offences mentioned in paragraph (a) of subsection (1) of section 26 are—
an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children),
an offence under section 1 of the Infanticide Act 1938 (infanticide),
an offence under section 5 of the Sexual Offences Act 1956 (intercourse with a girl under 13),
an offence under section 6 of that Act (intercourse with a girl under 16),
an offence under section 19 or 20 of that Act (abduction of girl under 18 or 16),
an offence under section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse),
an offence under section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16),
an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child),
an offence under section 54 of the Criminal Law Act 1977 (inciting girl under sixteen to incest),
an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children),
an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent),
an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),
an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).
The offences mentioned in paragraph (b) of that subsection are—
murder,
manslaughter,
kidnapping,
false imprisonment,
an offence under section 18 or 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm),
an offence under section 47 of that Act (assault occasioning actual bodily harm),
an offence under section 1 of the Sexual Offences Act 1956 (rape),
an offence under section 2 or 3 of that Act (procurement of woman by threats or false pretences),
an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),
an offence under section 14 or 15 of that Act (indecent assault),
an offence under section 16 of that Act (assault with intent to commit buggery),
an offence under section 17 of that Act (abduction of woman by force or for the sake of her property),
an offence under section 24 of that Act (detention of woman in brothel or other premises).
A person falls within this paragraph if—
he commits an offence under section 16 of the Offences against the Person Act 1861 (threats to kill) by making a threat to kill a child,
he commits an offence under section 7 of the Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,
he commits an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,
he commits an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,
she commits an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,
he commits an offence under section 12 of that Act by committing buggery with a child under the age of 16,
he commits an offence under section 13 of that Act by committing an act of gross indecency with a child,
he commits an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,
he commits an offence under section 22 of that Act (causing prostitution of women) in relation to a child,
he commits an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,
he commits an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,
he commits an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,
he commits an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,
she commits an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,
he commits an offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child,
he commits an offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) by—
procuring a child to commit an act of buggery with any person, or
procuring any person to commit an act of buggery with a child,
he commits an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,
he commits an offence under section 9(1)(a) of the Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child,
he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 by—
supplying or offering to supply a Class A drug to a child,
being concerned in the supplying of such a drug to a child, or
being concerned in the making to a child of an offer to supply such a drug,
he commits an offence of—
aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or
conspiring or attempting to commit such an offence.
Section 66.
The Sex Offenders Act 1997 is amended as follows. In this Schedule—
In section 2 (effect of notification requirements), in subsection (1), for “14 days” there is substituted “three days”. For subsection (5) of that section there is substituted—. This paragraph applies in relation to any person—
After subsection (6) of that section there is inserted—
Before subsection (7) of that section there is inserted—
he is guilty of an offence. This paragraph applies where the act constituting the offence in question occurs after commencement.
After section 5 there is inserted— Sub-paragraph (1) has effect in relation to sexual offences to which Part I of the Sex Offenders Act 1997 applies where the acts constituting the offence occurred after commencement. In section 10 (short title etc.), after subsection (3) there is inserted—
After section 5A there is inserted—
“local probation board” has the same meaning as in the Criminal Justice and Court Services Act 2000
At the end of section 10 there is inserted—
In section 4(4) (young sex offenders), for the words following “section” there is substituted “3(1A) above shall have effect as if, for paragraphs (a) and (b) there were substituted “on summary conviction to a fine not exceeding level 5 on the standard scale””.
Section 70.
Offences under the following provisions of the Theft Act 1968 are trigger offences: section 1 (theft) section 8 (robbery) section 9 (burglary) section 10 (aggravated burglary) section 12 (taking motor vehicle or other conveyance without authority) section 12A (aggravated vehicle-taking) section 15 (obtaining property by deception) section 25 (going equipped for stealing, etc.)
Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug: section 4 (restriction on production and supply of controlled drugs) section 5(2) (possession of controlled drug) section 5(3) (possession of controlled drug with intent to supply)
Section 74.
In the provisions of the Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)— The provisions are— sections 33(1)(b), 35(2) and 36(3)(a), in section 41, subsections (3), (4), (6) to (9) and (11) and the sidenote and preceding cross-heading, in section 42, subsections (1) to (3) and the sidenote, section 43 and the sidenote, section 44, the sidenote to section 45, sections 51(4)(a), 69(5)(b) and 79(3)(a), in section 163, paragraph (b) of the definition of “responsible officer”, in Schedule 2— in paragraph 1, sub-paragraphs (1) to (3), in paragraph 2, sub-paragraphs (1), (2) and (5), in paragraph 3, sub-paragraphs (1) to (3), (7) and (8)(b), in paragraph 5, sub-paragraphs (1), (2), (4) to (7) and (8)(b), in paragraph 6, sub-paragraphs (1) to (3), (5) to (7) and (8)(b), in Schedule 3, paragraphs 1(1)(b), 6(2)(a), 12(3) and 19(2), in Schedule 4— in paragraph 1, sub-paragraphs (1) (in each place), (2), (3) (in both places) and (4) and the preceding cross-heading, in paragraph 2, sub-paragraphs (1) (in both places), (2) to (4) and the preceding cross-heading, paragraph 5(a), paragraph 6(4) (in both places).
In the provisions of the Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)— The provisions are— section 33(1)(c), in section 35, subsections (2) and (4), section 36(3)(b), in section 46, subsections (3), (4), (6), (8) to (11) and (13) and the sidenote and preceding cross-heading, in section 47, subsections (1) and (3) and the sidenote, section 48 and the sidenote, section 49, the sidenote to section 50, section 51(4)(b), in section 59, subsections (3)(b), (6) (in each place) and (8)(b) and the sidenote, sections 69(5)(b) and 73(4)(b), in section 163, paragraph (c) of the definition of “responsible officer”, in Schedule 3— paragraph 1(1)(c), in paragraph 7, sub-paragraphs (1), (2) and (3)(a), paragraphs 18(5) and 22(a), in Schedule 4— in paragraph 3, sub-paragraphs (1) (in the first, second and third places), (2) (in the first and third places) and (3) (in the first place) and the preceding cross-heading, in paragraph 4, sub-paragraphs (1) (in both places), (2) and (3) (in the first place), paragraph 5(b), paragraph 6(4)(c).
In the provisions of the Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)— The provisions are— sections 33(1)(d), 35(2) and 36(3)(c), in section 51, subsections (3) to (6), and the sidenote and preceding cross-heading, sections 69(5)(b) and 73(4)(b), in section 163, paragraph (d) of the definition of “responsible officer”, in Schedule 3— in paragraph 1, sub-paragraphs (1)(d) and (4)(a), paragraphs 6(2)(a), 7(3)(b) (in both places) and 12(3), in paragraph 18, sub-paragraphs (4) and (5), in paragraph 19, sub-paragraphs (1) (in each place) and (2), paragraph 22(a), in Schedule 4— paragraph 5 and the preceding cross-heading, paragraph 6(4)(a).
In the following enactments— The enactments are— In the Children and Young Persons Act 1969— section 23(4) (as it has effect pursuant to section 98(3) of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)), in section 34, subsections (2) and (3). In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991— in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3). In the Criminal Justice Act 1991— section 37(4A)(a), section 43(5), in section 65, subsections (1)(a) and (1A) (in both places), in Schedule 3, paragraph 11(5)(b). In the Prisoners and Criminal Proceedings (Scotland) Act 1993— sections 12(2)(a) and 15(4). In the Criminal Procedure (Scotland) Act 1995— sections 209(3)(a) and 234(1)(a). In the Crime (Sentences) Act 1997— section 31(2A)(a). In the Crime and Disorder Act 1998— sections 8(8)(a), 18(3) (in both places) and 39(5)(a). In the Powers of Criminal Courts (Sentencing) Act 2000— in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b), in section 46, subsections (5)(a) and (b) and (11)(a) and (b), in section 54, subsections (2) and (3), in section 57, subsections (1) to (4), sections 63(1)(b) and 64(2) (in both places), in section 69, subsections (4)(a), (6)(a) and (9), section 73(5), in section 74, subsections (5)(a) and (6), in section 103, subsections (3)(a) and (4) (in both places), in section 122, subsections (2) and (5), sections 157(1)(a) and 162(2)(a) and (b), in Schedule 2— paragraph 2(2)(a)(i) and (ii), paragraph 3(2)(a) and (b).
In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “18”.