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An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely— and in this section “relevant authority” means the council for the local government area or any chief officer of police any part of whose police area lies within that area.
that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and
that such an order is necessary to protect persons in the local government area in which the harassment, alarm or distress was caused or was likely to be caused from further anti-social acts by him;
A relevant authority shall not make such an application without consulting each other relevant authority.
Such an application shall be made by complaint to the magistrates' court whose commission area includes the place where it is alleged that the harassment, alarm or distress was caused or was likely to be caused.
If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates' court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.
For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.
The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting from further anti-social acts by the defendant— and a relevant authority shall not specify an adjoining local government area in the application without consulting the council for that area and each chief officer of police any part of whose police area lies within that area.
persons in the local government area; and
persons in any adjoining local government area specified in the application for the order;
An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.
Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.
Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.
If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he shall be 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; or
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of section 1A of the Powers of Criminal Courts Act 1973 (“the 1973 Act”) in respect of the offence.
In this section—
“the commencement date” means the date of the commencement of this section;
“local government area” means—
“commission area” has the same meaning as in the Justices of the Peace Act 1997;
“responsible officer”—
“custodial sentence” has the same meaning as in Part I of the 1991 Act;
in relation to a child safety order, has the meaning given by section 11(8) above;
If it appears to a chief officer of police that the following conditions are fulfilled with respect to any person in his police area, namely— the chief officer may apply for an order under this section to be made in respect of the person.
that the person is a sex offender; and
that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect the public from serious harm from him,
Such an application shall be made by complaint to the magistrates' court whose commission area includes any place where it is alleged that the defendant acted in such a way as is mentioned in subsection (1)(b) above.
If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates' court may make an order under this section (a “sex offender order”) which prohibits the defendant from doing anything described in the order.
The prohibitions that may be imposed by a sex offender order are those necessary for the purpose of protecting the public from serious harm from the defendant.
A sex offender order shall have effect for a period (not less than five years) specified in the order or until further order; and while such an order has effect, Part I of the Sex Offenders Act 1997 shall have effect as if—
the defendant were subject to the notification requirements of that Part; and
in relation to the defendant, the relevant date (within the meaning of that Part) were the date of service of the order.
Subject to subsection (7) below, the applicant or the defendant may apply by complaint to the court which made a sex offender order for it to be varied or discharged by a further order.
Except with the consent of both parties, no sex offender order shall be discharged before the end of the period of five years beginning with the date of service of the order.
If without reasonable excuse a person does anything which he is prohibited from doing by a sex offender order, he shall be 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; or
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
Where a person is convicted of an offence under subsection (8) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of section 1A of the 1973 Act in respect of the offence.
In section 2 above and this section “sex offender” means a person who—
has been convicted of a sexual offence to which Part I of the Sex Offenders Act 1997 applies;
has been found not guilty of such an offence by reason of insanity, or found to be under a disability and to have done the act charged against him in respect of such an offence;
has been cautioned by a constable, in England and Wales or Northern Ireland, in respect of such an offence which, at the time when the caution was given, he had admitted; or
has been punished under the law in force in a country or territory outside the United Kingdom for an act which—
constituted an offence under that law; and
would have constituted a sexual offence to which that Part applies if it had been done in any part of the United Kingdom.
In subsection (1) of section 2 above “the relevant date”, in relation to a sex offender, means—
the date or, as the case may be, the latest date on which he has been convicted, found, cautioned or punished as mentioned in subsection (1) above; or
if later, the date of the commencement of that section.
Subsections (2) and (3) of section 6 of the Sex Offenders Act 1997 apply for the construction of references in subsections (1) and (2) above as they apply for the construction of references in Part I of that Act.
In subsections (1) and (2) above, any reference to a person having been cautioned shall be construed as including a reference to his having been reprimanded or warned (under section 65 below) as a child or young person.
An act punishable under the law in force in any country or territory outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) above, however it is described in that law.
Subject to subsection (7) below, the condition in subsection (1)(d)(i) above shall be taken to be satisfied unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;
showing his grounds for that opinion; and
requiring the applicant to show that it is satisfied.
The court, if it thinks fit, may permit the defendant to require the applicant to show that the condition is satisfied without the prior service of a notice under subsection (6) above.
An appeal shall lie to the Crown Court against the making by a magistrates' court of an anti-social behaviour order or sex offender order.
On such an appeal the Crown Court—
may make such orders as may be necessary to give effect to its determination of the appeal; and
may also make such incidental or consequential orders as appear to it to be just.
Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 1(8) or 2(6) above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.
Subject to the provisions of this section, the functions conferred by section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—
the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and
every chief officer of police any part of whose police area lies within the area.
In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely— and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.
every police authority any part of whose police area lies within the area;
every probation committee or health authority any part of whose area lies within the area; and
every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection;
The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection.
In this section and sections 6 and 7 below “local government area” means—
in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
in relation to Wales, each county or county borough.
The responsible authorities for a local government area shall, in accordance with the provisions of section 5 above and this section, formulate and implement, for each relevant period, a strategy for the reduction of crime and disorder in the area.
Before formulating a strategy, the responsible authorities shall—
carry out a review of the levels and patterns of crime and disorder in the area (taking due account of the knowledge and experience of persons in the area);
prepare an analysis of the results of that review;
publish in the area a report of that analysis; and
obtain the views on that report of persons or bodies in the area (including those of a description prescribed by order under section 5(3) above), whether by holding public meetings or otherwise.
In formulating a strategy, the responsible authorities shall have regard to the analysis prepared under subsection (2)(b) above and the views obtained under subsection (2)(d) above.
A strategy shall include—
objectives to be pursued by the responsible authorities, by co-operating persons or bodies or, under agreements with the responsible authorities, by other persons or bodies; and
long-term and short-term performance targets for measuring the extent to which such objectives are achieved.
After formulating a strategy, the responsible authorities shall publish in the area a document which includes details of—
co-operating persons and bodies;
the review carried out under subsection (2)(a) above;
the report published under subsection (2)(c) above; and
the strategy, including in particular—
the objectives mentioned in subsection (4)(a) above and, in each case, the authorities, persons or bodies by whom they are to be pursued; and
the performance targets mentioned in subsection (4)(b) above.
While implementing a strategy, the responsible authorities shall keep it under review with a view to monitoring its effectiveness and making any changes to it that appear necessary or expedient.
In this section—
“the 1982 Act” means the Criminal Justice Act 1982;
“joint authority” has the same meaning as in the Local Government Act 1985;
the period of three years beginning with such day as the Secretary of State may by order appoint; and
“the 1989 Act” means the Children Act 1989;
each subsequent period of three years.
in relation to Wales, the council of a county or county borough;
in relation to Wales, a county council or a county borough council;
The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.
A requirement under subsection (1) above may specify the form in which a report is to be given.
The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.
This section applies where, in any court proceedings—
a child safety order is made in respect of a child;
an anti-social behaviour order or sex offender order is made in respect of a child or young person;
a child or young person is convicted of an offence; or
a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the Education Act 1996.
Subject to subsection (3) and section 9(1) below, if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).
A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.
A parenting order is an order which requires the parent— and in this subsection “week” means a period of seven days beginning with a Sunday.
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order; and
subject to subsection (5) below, to attend, for a concurrent period not exceeding three months and not more than once in any week, such counselling or guidance sessions as may be specified in directions given by the responsible officer;
A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where such an order has been made in respect of the parent on a previous occasion.
The relevant condition is that the parenting order would be desirable in the interests of preventing—
in a case falling within paragraph (a) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, anti-social behaviour order or sex offender order being made;
in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;
in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the Education Act 1996.
The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.
In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—
a probation officer;
a social worker of a local authority social services department; and
a member of a youth offending team.
Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—
if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and
if it is not so satisfied, shall state in open court that it is not and why it is not.
Before making a parenting order— a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.
in a case falling within paragraph (a) of subsection (1) of section 8 above;
in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or
in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,
Before making a parenting order, a court shall explain to the parent in ordinary language—
the effect of the order and of the requirements proposed to be included in it;
the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and
that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.
Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—
any conflict with the parent’s religious beliefs; and
any interference with the times, if any, at which he normally works or attends an educational establishment.
If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it—
by cancelling any provision included in it; or
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
An appeal shall lie—
to the High Court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and
to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
On an appeal under subsection (1) above the High Court or the Crown Court—
may make such orders as may be necessary to give effect to its determination of the appeal; and
may also make such incidental or consequential orders as appear to it to be just.
Any order of the High Court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the High Court or the Crown Court.
A person in respect of whom a parenting order is made by virtue of section 8(1)(c) above shall have the same right of appeal against the making of the order as if—
the offence that led to the making of the order were an offence committed by him; and
the order were a sentence passed on him for the offence.
A person in respect of whom a parenting order is made by virtue of section 8(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.
The Lord Chancellor may by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 (“the 1989 Act”).
Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.
Subject to subsection (2) below, if a magistrates' court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—
places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and
requires the child to comply with such requirements as are so specified.
A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.
The conditions are—
that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;
that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;
that the child has contravened a ban imposed by a curfew notice; and
that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.
The maximum period permitted for the purposes of subsection (1)(a) above is three months or, where the court is satisfied that the circumstances of the case are exceptional, 12 months.
The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—
securing that the child receives appropriate care, protection and support and is subject to proper control; or
preventing any repetition of the kind of behaviour which led to the child safety order being made.
Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act or section 65 of the Magistrates' Courts Act 1980 (“the 1980 Act”); and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.
In this section “local authority” has the same meaning as in the 1989 Act.
In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—
a social worker of a local authority social services department; and
a member of a youth offending team.
Before making a child safety order, a magistrates' court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.
Before making a child safety order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—
the effect of the order and of the requirements proposed to be included in it;
the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and
that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.
Requirements included in a child safety order shall, as far as practicable, be such as to avoid—
any conflict with the parent’s religious beliefs; and
any interference with the times, if any, at which the child normally attends school.
If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—
by cancelling any provision included in it; or
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates' court acting for the same petty sessions area, on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—
may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or
may make an order varying the order—
by cancelling any provision included in it; or
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
Subsection (6)(a) above applies whether or not the court is satisfied that the conditions mentioned in section 31(2) of the 1989 Act are fulfilled.
An appeal shall lie to the High Court against the making by a magistrates' court of a child safety order; and on such an appeal the High Court—
may make such orders as may be necessary to give effect to its determination of the appeal; and
may also make such incidental or consequential orders as appear to it to be just.
Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of subsections (4) to (6) of section 12 above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the High Court.
Subsections (6) and (7) of section 10 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.
A local authority may make a scheme (a “local child curfew scheme”) for enabling the authority— to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.
subject to and in accordance with the provisions of the scheme; and
if, after such consultation as is required by the scheme, the authority considers it necessary to do so for the purpose of maintaining order,
This subsection applies to a ban on children of specified ages (under 10) being in a public place within a specified area—
during specified hours (between 9 pm and 6 am); and
otherwise than under the effective control of a parent or a responsible person aged 18 or over.
Before making a local child curfew scheme, a local authority shall consult—
every chief officer of police any part of whose police area lies within its area; and
such other persons or bodies as it considers appropriate.
A local child curfew scheme shall be made under the common seal of the local authority and shall not have effect until it is confirmed by the Secretary of State.
The Secretary of State— and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.
may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and
may fix the date on which such a scheme is to come into operation;
A notice given under a local child curfew scheme (a “curfew notice”) may specify different hours in relation to children of different ages.
A curfew notice shall be given—
by posting the notice in some conspicuous place or places within the specified area; and
in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.
In this section—
Subsections (2) and (3) below apply where a constable has reasonable cause to believe that a child is in contravention of a ban imposed by a curfew notice.
The constable shall, as soon as practicable, inform the local authority for the area that the child has contravened the ban.
The constable may remove the child to the child’s place of residence unless he has reasonable cause to believe that the child would, if removed to that place, be likely to suffer significant harm.
In subsection (1) of section 47 of the 1989 Act (local authority’s duty to investigate)—
in paragraph (a), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—; and
In the case of a child falling within paragraph (a)(iii) above, the enquiries shall be commenced as soon as practicable and, in any event, within 48 hours of the authority receiving the information.
This section applies where a local authority—
designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and
notifies the chief officer of police for that area of the designation.
A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsection (3) below— and references in that subsection to a specified area and a specified period shall be construed accordingly.
shall be exercisable as respects any area falling within the police area and specified in the direction; and
shall be so exercisable during a period so specified;
If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period— the constable may remove the child or young person to designated premises, or to the school from which he is so absent.
is of compulsory school age; and
is absent from a school without lawful authority,
A child’s or young person’s absence from a school shall be taken to be without lawful authority unless it falls within subsection (3) (leave, sickness, unavoidable cause or day set apart for religious observance) of section 444 of the Education Act 1996.
In this section—
Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.
This section applies to a local authority, a joint authority, a police authority, a National Park authority and the Broads Authority.
In this section—
In this Chapter—
“anti-social behaviour order” has the meaning given by section 1(4) above;
“action plan order” has the meaning given by section 69(2) above;
in relation to a reparation order, has the meaning given by section 67(10) above;
In this Chapter, unless the contrary intention appears, expressions which are also used in Part I of the Criminal Justice Act 1991 (“the 1991 Act”) have the same meanings as in that Part.
Where directions under a parenting order are to be given by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.
Where the supervision under a child safety order is to be provided, or directions under a parenting order are to be given, by— the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent resides or will reside.
a social worker of a local authority social services department; or
a member of a youth offending team,
For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.
A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—
that the person has— to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and
acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or
pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,
that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.
An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.
On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting persons in the area of the local authority from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.
For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.
This section does not apply in relation to anything done before the commencement of this section.
Nothing in this section shall prevent a local authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.
In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.
In this section and section 21 below “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.
An application for an order under this section may be made by a chief constable if it appears to him that the conditions mentioned in subsection (2) below are fulfilled with respect to any person in the area of his police force.
The conditions are—
that the person in respect of whom the application for the order is made is—
of or over the age of 16 years; and
a sex offender; and
that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect the public from serious harm from him.
An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the person is alleged to have acted as mentioned in subsection (2)(b) above.
On an application under subsection (1) above the sheriff may—
pending the determination of the application, make any such interim order as he considers appropriate; and
if he is satisfied that the conditions mentioned in subsection (2) above are fulfilled, make an order under this section (“a sex offender order”) which prohibits the person in respect of whom it is made from doing anything described in the order.
The prohibitions that may be imposed by an order made under subsection (4) above are those necessary for the purpose of protecting the public from serious harm from the person in respect of whom the order is made.
While a sex offender order has effect, Part I of the Sex Offenders Act 1997 shall have effect as if—
the person in respect of whom the order has been obtained were subject to the notification requirements of that Part; and
in relation to that person, the relevant date (within the meaning of that Part) were the date on which the copy of the order was given or delivered to that person in accordance with subsections (8) and (9) of section 21 below.
Section 3 above applies for the purposes of this section as it applies for the purposes of section 2 above with the following modifications—
any reference in that section to the defendant shall be construed as a reference to the person in respect of whom the order is sought; and
in subsection (2) of that section, the reference to subsection (1) of the said section 2 shall be construed as a reference to subsection (2)(b) of this section.
A constable may arrest without warrant a person whom he reasonably suspects of doing, or having done, anything prohibited by an order under subsection (4)(a) above or a sex offender order.
Before making an application under— the local authority shall consult the relevant chief constable.
section 19(1) above;
subsection (7)(b)(i) below,
Before making an application under section 20(1) above or subsection (7)(b)(i) below, the chief constable shall consult the local authority within whose area the person in respect of whom the order is sought is for the time being.
In subsection (1) above “relevant chief constable” means the chief constable of the police force maintained under the Police (Scotland) Act 1967 the area of which includes the area of the local authority making the application.
A failure to comply with subsection (1) or (2) above shall not affect the validity of an order made on any application to which either of those subsections applies.
A record of evidence shall be kept on any summary application under section 19 or 20 above or subsection (7)(b) below.
Subsections (7) to (9) below apply to anti-social behaviour orders and sex offender orders and subsections (8) and (9) below apply to an order made under section 20(4)(a) above.
An order to which this subsection applies—
shall have effect for a period specified in the order or indefinitely; and
may at any time be varied or revoked on a summary application by—
the local authority or, as the case may be, chief constable who obtained the order; or
the person subject to the order.
The clerk of the court by which an order to which this subsection applies is made or varied shall cause a copy of the order as so made or varied to be—
given to the person named in the order; or
sent to the person so named by registered post or by the recorded delivery service.
An acknowledgement or certificate of delivery of a letter sent under subsection (8)(b) above issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.
Where an appeal is lodged against the determination of an application under section 19 or 20 above or subsection (7)(b) above, any order made on the application shall, without prejudice to the determination of an application under subsection (7)(b) above made after the lodging of the appeal, continue to have effect pending the disposal of the appeal.
Subject to subsection (3) below, if without reasonable excuse a person breaches an anti-social behaviour order by doing anything which he is prohibited from doing by the order, he shall be guilty of an offence and shall be liable—
on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
Subsection (3) applies where—
the breach of the anti-social behaviour order referred to in subsection (1) above consists in the accused having acted in a manner prohibited by the order which constitutes a separate offence (in this section referred to as the “separate offence”); and
the accused has been charged with that separate offence.
Where this subsection applies, the accused shall not be liable to be proceeded against for an offence under subsection (1) above but, subject to subsection (4) below, the court which sentences him for that separate offence shall, in determining the appropriate sentence or disposal for that offence, have regard to—
the fact that the offence was committed by him while subject to an anti-social behaviour order;
the number of such orders to which he was subject at the time of the commission of the offence;
any previous conviction of the accused of an offence under subsection (1) above; and
the extent to which the sentence or disposal in respect of any such previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.
The court shall not, under subsection (3) above, have regard to the fact that the separate offence was committed while the accused was subject to an anti-social behaviour order unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.
The fact that the separate offence was committed while the accused was subject to an anti-social behaviour order shall, unless challenged— be held as admitted.
in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) or under that paragraph as applied by section 71(2) of that Act; or
in summary proceedings, by preliminary objection before his plea is recorded,
Subject to subsection (7) below, subsections (1) to (5) above apply in relation to an order under section 20(4)(a) above and to a sex offender order as they apply in relation to an anti-social behaviour order.
Subsection (2) above as applied for the purposes of subsection (6) above shall have effect with the substitution of the words “at the time at which he committed” for the words “which constitutes”.
Schedule 3 to the Housing (Scotland) Act 1987 (grounds of eviction in relation to secure tenancies) shall be amended in accordance with subsections (2) and (3) below.
For paragraph 2 there shall be substituted the following paragraph—
For paragraph 7 there shall be substituted the following paragraph—
For Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—
No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.
The Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.
In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—
In section 60 (powers of search and seizure)—
in subsection (5)—
after the words “Nothing in” there shall be inserted the words “section 54(2A) of this Act or”; and
for the words from “which” to the end there shall be substituted the words “which is otherwise exercisable by a constable”; and
in subsection (6)—
in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words—to enter and search—; and
in paragraph (c), after “under” there shall be inserted the words “section 54(2A) of this Act or”.
After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.
After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—
In subsection (5) of that section, for the words “those powers” there shall be substituted the words “the powers conferred by subsection (4) above”.
In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—.
After section 60 of the 1994 Act there shall be inserted the following section—
In section 24(2) (arrestable offences) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”), after paragraph (n) there shall be inserted—.
After section 60A of the 1994 Act there shall be inserted the following section—
An offence is racially aggravated for the purposes of sections 29 to 32 below if—
at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial group; or
the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group.
In subsection (1)(a) above—
“membership”, in relation to a racial group, includes association with members of that group;
It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, on—
the fact or presumption that any person or group of persons belongs to any religious group; or
any other factor not mentioned in that paragraph.
In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
A person is guilty of an offence under this section if he commits— which is racially aggravated for the purposes of this section.
an offence under section 20 of the Offences Against the Person Act 1861 (malicious wounding or grievous bodily harm);
an offence under section 47 of that Act (actual bodily harm); or
common assault,
A person guilty of an offence falling within subsection (1)(a) or (b) above shall be 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 seven years or to a fine, or to both.
A person guilty of an offence falling within subsection (1)(c) above shall be 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 two years or to a fine, or to both.
A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially aggravated for the purposes of this section.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.
For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.
A person is guilty of an offence under this section if he commits— which is racially aggravated for the purposes of this section.
an offence under section 4 of the Public Order Act 1986 (fear or provocation of violence);
an offence under section 4A of that Act (intentional harassment, alarm or distress); or
an offence under section 5 of that Act (harassment, alarm or distress),
A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsection (1)(a) or (b) above.
A constable may arrest a person without warrant if—
he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;
he is warned by that constable to stop; and
he engages in further such conduct immediately or shortly after the warning. The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.
A person guilty of an offence falling within subsection (1)(a) or (b) above shall be 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 two years or to a fine, or to both.
A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.
For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.
A person is guilty of an offence under this section if he commits— which is racially aggravated for the purposes of this section.
an offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment); or
an offence under section 4 of that Act (putting people in fear of violence),
In section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there shall be inserted—.
A person guilty of an offence falling within subsection (1)(a) above shall be 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 two years or to a fine, or to both.
A person guilty of an offence falling within subsection (1)(b) above shall be 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 seven years or to a fine, or to both.
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.
Section 5 of the Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under section 2 or 4 included a reference to an offence under this section.
After section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—
The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.
In section 35 of the 1994 Act (effect of accused’s silence at trial), the following provisions shall cease to have effect, namely—
in subsection (1), the words “who has attained the age of fourteen years”; and
subsection (6).
In section I of the Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “be liable to imprisonment for life and to such”.
In the following enactments, namely— for the words “suffer pains of death” there shall be substituted the words “be liable to imprisonment for life”.
section II of the Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);
section XII of the Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);
section 3 of the Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);
section I of the Treason Act (Ireland) 1703 (which makes corresponding provision),
The following enactments shall cease to have effect, namely—
the Treason Act 1790;
the Treason Act 1795.
In section 1 of the Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “such person shall be liable to imprisonment for life”.
In section 2 of the Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “and being convicted thereof shall be liable to imprisonment for life”.
The following enactments shall cease to have effect, namely—
the Sentence of Death (Expectant Mothers) Act 1931; and
sections 32 and 33 of the Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).
It shall be the principal aim of the youth justice system to prevent offending by children and young persons.
In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.
It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.
It shall be the duty of— to co-operate in the discharge by the local authority of their duty under subsection (1) above.
every chief officer of police or police authority any part of whose police area lies within the local authority’s area; and
every probation committee or health authority any part of whose area lies within that area,
The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—
by making the payments directly; or
by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.
In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—
the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;
the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;
the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;
the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the Children and Young Persons Act 1969 (“the 1969 Act”);
the provision of reports or other information required by courts in criminal proceedings against children and young persons;
the provision of persons to act as responsible officers in relation to parenting orders, child safety orders, reparation orders and action plan orders;
the supervision of young persons sentenced to a probation order, a community service order or a combination order;
the supervision of children and young persons sentenced to a detention and training order or a supervision order;
the post-release supervision of children and young persons under section 37(4A) or 65 of the 1991 Act or section 31 of the Crime (Sentences) Act 1997 (“the 1997 Act”);
the performance of functions under subsection (1) of section 75 below by such persons as may be authorised by the Secretary of State under that subsection.
The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.
Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.
Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—
any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and
the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.
It shall be the duty of— to co-operate in the discharge by the local authority of their duty under subsection (1) above.
every chief officer of police any part of whose police area lies within the local authority’s area; and
every probation committee or health authority any part of whose area lies within that area,
The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—
by making the payments directly; or
by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.
A youth offending team shall include at least one of each of the following, namely—
a probation officer;
a social worker of a local authority social services department;
a police officer;
a person nominated by a health authority any part of whose area lies within the local authority’s area;
a person nominated by the chief education officer appointed by the local authority under section 532 of the Education Act 1996.
A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.
It shall be the duty of the youth offending team or teams established by a particular local authority—
to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and
to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.
It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—
how youth justice services in their area are to be provided and funded; and
how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.
In subsection (1) above “the relevant persons and bodies” means the persons and bodies mentioned in section 38(2) above and, where the local authority is a county council, any district councils whose districts form part of its area.
The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular, functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences).
A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.
There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”).
The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.
The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.
The Board shall have the following functions, namely—
to monitor the operation of the youth justice system and the provision of youth justice services;
to advise the Secretary of State on the following matters, namely—
the operation of that system and the provision of such services;
how the principal aim of that system might most effectively be pursued;
the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and
the steps that might be taken to prevent offending by children and young persons;
to monitor the extent to which that aim is being achieved and any such standards met;
for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;
to publish information so obtained;
to identify, to make known and to promote good practice in the following matters, namely—
the operation of the youth justice system and the provision of youth justice services;
the prevention of offending by children and young persons; and
working with children and young persons who are or are at risk of becoming offenders;
to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; and
themselves to commission research in connection with such practice.
The Secretary of State may by order—
amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or
provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.
In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.
A relevant authority—
shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and
whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement. A requirement under paragraph (b) above may specify the form in which a report is to be given.
The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.
In this section “relevant authority” means a local authority, a chief officer of police, a police authority, a probation committee and a health authority.
Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.
In the foregoing provisions of this Part and this section—
“local authority” means—
in relation to Wales, a county council or a county borough council;
“youth justice system” means the system of criminal justice in so far as it relates to children and young persons.
Section 24(4).
Section 41(11).
The Secretary of State shall appoint one of the members of the Board to be their chairman.
Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Board, or as chairman of the Board, in accordance with the terms of his appointment. An appointment as a member of the Board may be full-time or part-time. The appointment of a person as a member of the Board, or as chairman of the Board, shall be for a fixed period of not longer than five years. Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Board, or as chairman of the Board, expires shall be eligible for re-appointment. No person may hold office as a member of the Board for a continuous period which is longer than ten years. A person may at any time resign his office as a member of the Board, or as chairman of the Board, by notice in writing addressed to the Secretary of State. The terms of appointment of a member of the Board, or the chairman of the Board, may provide for his removal from office (without cause being assigned) on notice from the Secretary of State of such length as may be specified in those terms, subject (if those terms so provide) to compensation from the Secretary of State; and in any such case the Secretary of State may remove that member from office in accordance with those terms. Where— the Board shall pay to him compensation of such amount, and on such terms, as the Secretary of State may with the approval of the Treasury determine. The Secretary of State may also at any time remove a person from office as a member of the Board if satisfied— The Secretary of State shall remove a member of the Board, or the chairman of the Board, from office in pursuance of this paragraph by declaring his office as a member of the Board to be vacant and notifying that fact in such manner as the Secretary of State thinks fit; and the office shall then become vacant. If the chairman of the Board ceases to be a member of the Board he shall also cease to be chairman.
The Board shall— as the Board are required to pay by or in accordance with directions given by the Secretary of State. Where a member of the Board was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above. Where— the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.
The Board may appoint a chief executive and such other employees as the Board think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service. The Board shall— as the Board may, with the consent of the Secretary of State, determine. Employment by the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.
The Board shall 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 paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The Youth Justice Board for England and Wales
The arrangements for the procedure of the Board (including the quorum for meetings) shall be such as the Board may determine. The validity of any proceedings of the Board (or of any committee of the Board) shall not be affected by—
As soon as possible after the end of each financial year of the Board, the Board shall send to the Secretary of State a report on the discharge of their functions during that year. The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under this paragraph.
The Board shall— The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct. The Board shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct. The Comptroller and Auditor General shall—
For the purposes of this Schedule the Board’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Board shall be the period beginning with the date of establishment of the Board and ending with the first 31st March which falls at least six months after that date.
The Secretary of State shall out of money provided by Parliament pay to the Board such sums towards their expenses as he may determine.
Section 52(6).
The Attorney General shall by regulations provide that, where a person is sent for trial under section 51 of this Act on any charge or charges, copies of the documents containing the evidence on which the charge or charges are based shall, on or before the relevant date— In sub-paragraph (1) above “the relevant date” means the date prescribed by the regulations.
be served on that person; and
be given to the Crown Court sitting at the place specified in the notice under subsection (7) of that section.
A person who is sent for trial under section 51 of this Act on any charge or charges may, at any time— apply orally or in writing to the Crown Court sitting at the place specified in the notice under subsection (7) of that section for the charge, or any of the charges, in the case to be dismissed. The judge shall dismiss a charge (and accordingly quash any count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him. No oral application may be made under sub-paragraph (1) above unless the applicant has given to the Crown Court sitting at the place in question written notice of his intention to make the application. Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so. If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given. If the charge, or any of the charges, against the applicant is dismissed— Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—
Except as provided by this paragraph, it shall not be lawful— if (in either case) the report contains any matter other than that permitted by this paragraph. An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 2(1) above may be made by the judge dealing with the application. Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below. It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 2(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful. Where— sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”. It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried. The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say— The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses— If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say— shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General. Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings. In this paragraph—
Sub-paragraph (2) below applies where a justice of the peace for any commission area is satisfied that— In such a case the justice shall issue a summons directed to the witness requiring him to attend before a justice at the time and place appointed in the summons, and to have his evidence taken as a deposition or to produce the document or other exhibit. If a justice of the peace is satisfied by evidence on oath of the matters mentioned in sub-paragraph (1) above, and also that it is probable that a summons under sub-paragraph (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant. A summons may also be issued under sub-paragraph (2) above if the justice is satisfied that the witness is outside the British Islands, but no warrant may be issued under sub-paragraph (3) above unless the justice is satisfied by evidence on oath that the witness is in England and Wales. If— the justice may issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant. Where— the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before the relevant date. If any person attending or brought before a justice in pursuance of this paragraph refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following— A fine imposed under sub-paragraph (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction. If in pursuance of this paragraph a person has his evidence taken as a deposition, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor and the Crown Court. If in pursuance of this paragraph a person produces an exhibit which is a document, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor and the Crown Court. If in pursuance of this paragraph a person produces an exhibit which is not a document, the clerk of the justice concerned shall as soon as is reasonably practicable inform the prosecutor and the Crown Court of that fact and of the nature of the exhibit. In this paragraph—
Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition. Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 of this Act or for any other offence arising out of the same transaction or set of circumstances. Sub-paragraph (2) above does not apply if— If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
This paragraph applies where a magistrates' court has sent a person for trial under section 51 of this Act for offences which include a summary offence. If the person is convicted on the indictment, the Crown Court shall consider whether the summary offence is related to the offence that is triable only on indictment or, as the case may be, any of the offences that are so triable. If it considers that the summary offence is so related, the court shall state to the person the substance of the offence and ask him whether he pleads guilty or not guilty. If the person pleads guilty, the Crown Court shall convict him, but may deal with him in respect of the summary offence only in a manner in which a magistrates' court could have dealt with him. If he does not plead guilty, the powers of the Crown Court shall cease in respect of the summary offence except as provided by sub-paragraph (6) below. If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the court shall dismiss it. The Crown Court shall inform the clerk of the magistrates' court of the outcome of any proceedings under this paragraph. If the summary offence is one to which section 40 of the Criminal Justice Act 1988 applies, the Crown Court may exercise in relation to the offence the power conferred by that section; but where the person is tried on indictment for such an offence, the functions of the Crown Court under this paragraph in relation to the offence shall cease. Where the Court of Appeal allows an appeal against conviction of an indictable-only offence which is related to a summary offence of which the appellant was convicted under this paragraph— and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes. A notice under sub-paragraph (9) above shall include particulars of any direction given under paragraph (b) of that sub-paragraph in relation to the offence. The references to the clerk of the magistrates' court in this paragraph shall be construed in accordance with section 141 of the 1980 Act. An offence is related to another offence for the purposes of this paragraph if it arises out of circumstances which are the same as or connected with those giving rise to the other offence.
Subject to paragraph 13 below, this paragraph applies where— Everything that the Crown Court is required to do under the following provisions of this paragraph must be done with the accused present in court. The court shall cause to be read to the accused each count of the indictment that charges an offence triable either way. The court shall then explain to the accused in ordinary language that, in relation to each of those offences, he may indicate whether (if it were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty the court must proceed as mentioned in sub-paragraph (6) below. The court shall then ask the accused whether (if the offence in question were to proceed to trial) he would plead guilty or not guilty. If the accused indicates that he would plead guilty the court shall proceed as if he had been arraigned on the count in question and had pleaded guilty. If the accused indicates that he would plead not guilty, or fails to indicate how he would plead, the court shall consider whether the offence is more suitable for summary trial or for trial on indictment. Subject to sub-paragraph (6) above, the following shall not for any purpose be taken to constitute the taking of a plea—
Subject to paragraph 13 below, this paragraph applies in a case where— In such a case— Subject to sub-paragraph (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea—
This paragraph applies where the Crown Court is required by paragraph 7(7) or 8(2)(d) above to consider the question whether an offence is more suitable for summary trial or for trial on indictment. Before considering the question, the court shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable. In considering the question, the court shall have regard to—
This paragraph applies (unless excluded by paragraph 15 below) where the Crown Court considers that an offence is more suitable for summary trial. The court shall explain to the accused in ordinary language— After explaining to the accused as provided by sub-paragraph (2) above the court shall ask him whether he wishes to be tried summarily or by a jury, and—
If the Crown Court considers that an offence is more suitable for trial on indictment, the court—
shall tell the accused that it has decided that it is more suitable for him to be tried for the offence by a jury; and
shall retain its functions in relation to the offence and proceed accordingly.
Where the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions and he applies for an offence which may be tried on indictment to be so tried— The power of the Director of Public Prosecutions under this paragraph to apply for an offence to be tried on indictment shall not be exercised except with the consent of the Attorney General.
This paragraph applies, in place of paragraphs 7 to 12 above, in the case of a child or young person who— The Crown Court shall remit the child or young person for trial to a magistrates' court acting for the place where he was sent to the Crown Court for trial unless— In sub-paragraph (2) above “adult” has the same meaning as in section 51 of this Act.
For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.
In carrying out any of their duties under those provisions, a local authority, a police authority, a probation committee or a health authority shall act in accordance with any guidance given by the Secretary of State.
In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
For subsection (3) of that section there shall be substituted the following subsection—
In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “the appropriate court shall stay the proceedings”.
In subsection (6) of that section—
for the word “Where” there shall be substituted the words “Subsection (6A) below applies where”; and
for the words from “the overall time limit” to the end there shall be substituted the words “and is accordingly unlawfully at large for any period.”
After that subsection there shall be inserted the following subsection—
In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “or to give a direction under subsection (6A) above,”.
In subsection (8) of that section, after the words “time limit” there shall be inserted the words “, or to give a direction under subsection (6A) above,”.
After subsection (11) of that section there shall be inserted the following subsection—
After section 22 of the 1985 Act there shall be inserted the following section—
After section 22A of the 1985 Act there shall be inserted the following section—
In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “subsections (3A) and (4)”.
After that subsection there shall be inserted the following subsection—
Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time— remit the person for trial or, as the case may be, for sentence to a magistrates' court (other than a youth court) acting for the same petty sessions area as the youth court. In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.
before the start of the trial; or
after conviction and before sentence,
Where a person is remitted under subsection (1) above—
he shall have no right of appeal against the order of remission;
the remitting court shall adjourn proceedings in relation to the offence; and
subsections (3) and (4) below shall apply.
The following, namely— shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).
section 128 of the 1980 Act; and
all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,
The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.
After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—
After subsection (1) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence) there shall be inserted the following subsection—
In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.
In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)—
in paragraph (a), after the word “shall”, in the first place where it occurs, there shall be inserted the words “either consist of a metropolitan stipendiary magistrate sitting alone or” and the word “shall”, in the other place where it occurs, shall cease to have effect;
in paragraph (b), after the words “the chairman” there shall be inserted the words “(where applicable)”; and
in paragraph (c), after the words “the other members” there shall be inserted the words “(where applicable)”.
In paragraph 17 of that Schedule, the words “or, if a metropolitan stipendiary magistrate, may sit alone” shall cease to have effect.
The following powers of a magistrates' court for any area may be exercised by a single justice of the peace for that area, namely—
to extend bail or to impose or vary conditions of bail;
to mark an information as withdrawn;
to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution;
to make an order for the payment of defence costs out of central funds;
to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence;
to request a medical report and, for that purpose, to remand the accused in custody or on bail;
to remit an offender to another court for sentence;
where a person has been granted police bail to appear at a magistrates' court, to appoint an earlier time for his appearance;
to extend, with the consent of the accused, a custody time limit or an overall time limit;
where a case is to be tried on indictment, to grant representation under Part V of the Legal Aid Act 1988 for purposes of the proceedings in the Crown Court;
where an accused has been convicted of an offence, to order him to produce his driving licence;
to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court;
to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely—
the timetable for the proceedings;
the attendance of the parties;
the service of documents (including summaries of any legal arguments relied on by the parties);
the manner in which evidence is to be given; and
to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.
Without prejudice to the generality of subsection (1) of section 144 of the 1980 Act (rules of procedure)—
rules under that section may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area; and
rules under that section which make such provision as is mentioned in paragraph (a) above may make different provision for different areas.
Rules under that section which make such provision as is mentioned in subsection (2) above shall not authorise a justices' clerk—
without the consent of the prosecutor and the accused, to extend bail on conditions other than those (if any) previously imposed, or to impose or vary conditions of bail;
to give an indication of the seriousness of an offence for the purposes of a pre-sentence report;
to remand the accused in custody for the purposes of a medical report or, without the consent of the prosecutor and the accused, to remand the accused on bail for those purposes on conditions other than those (if any) previously imposed;
to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court; or
without the consent of the parties, to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.
Before making any rules under that section which make such provision as is mentioned in subsection (2) above in relation to any area, the Lord Chancellor shall consult justices of the peace and justices' clerks for that area.
In this section and section 50 below “justices' clerk” has the same meaning as in section 144 of the 1980 Act.
Where a person (“the accused”) has been charged with an offence at a police station, the magistrates' court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.
At a hearing conducted by a single justice under this section—
the accused shall be asked whether he wishes to receive legal aid; and
if he indicates that he does, his eligibility for it shall be determined; and
if it is determined that he is eligible for it, the necessary arrangements or grant shall be made for him to obtain it.
At such a hearing the single justice—
may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and
on adjourning the hearing, may remand the accused in custody or on bail.
This section applies in relation to a justices' clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.
In this section “legal aid” means representation under Part V of the Legal Aid Act 1988.
Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence triable only on indictment (“the indictable-only offence”), the court shall send him forthwith to the Crown Court for trial—
for that offence, and
for any either-way or summary offence with which he is charged which fulfils the requisite conditions (as set out in subsection (11) below).
Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.
Where— the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.
the court sends an adult for trial under subsection (1) above;
another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with him with an either-way offence; and
that offence appears to the court to be related to the indictable-only offence,
Where a court sends an adult for trial under subsection (3) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.
Where— the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.
the court sends an adult for trial under subsection (1) or (3) above; and
a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with the adult with an indictable offence for which the adult is sent for trial,
Where a court sends a child or young person for trial under subsection (5) above, it may at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged which fulfils the requisite conditions.
The court shall specify in a notice the offence or offences for which a person is sent for trial under this section and the place at which he is to be tried; and a copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.
In a case where there is more than one indictable-only offence and the court includes an either-way or a summary offence in the notice under subsection (7) above, the court shall specify in that notice the indictable-only offence to which the either-way offence or, as the case may be, the summary offence appears to the court to be related.
The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.
In selecting the place of trial for the purpose of subsection (7) above, the court shall have regard to—
the convenience of the defence, the prosecution and the witnesses;
the desirability of expediting the trial; and
any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981.
An offence fulfils the requisite conditions if—
it appears to the court to be related to the indictable-only offence; and
in the case of a summary offence, it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
For the purposes of this section—
“adult” means a person aged 18 or over, and references to an adult include references to a corporation;
“either-way offence” means an offence which, if committed by an adult, is triable either on indictment or summarily;
an either-way offence is related to an indictable-only offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable-only offence;
a summary offence is related to an indictable-only offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable-only offence.
Subject to section 4 of the Bail Act 1976, section 41 of the 1980 Act, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 above—
in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or
on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.
Where— the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.
the person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and
in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,
The court shall treat as an indictable offence for the purposes of section 51 above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.
In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).
A magistrates' court may adjourn any proceedings under section 51 above, and if it does so shall remand the accused.
Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 above) shall have effect.
For section 7A of the 1985 Act there shall be substituted the following section—
In subsection (5) of section 3 of the Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.
In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—.
In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “paragraph (d) or (e)”.
For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections—
In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words “shall not be granted bail in those proceedings” there shall be substituted the words “shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it”.
In any proceedings for an offence, a court may, after hearing representations from the parties, direct that the accused shall be treated as being present in the court for any particular hearing before the start of the trial if, during that hearing—
he is held in custody in a prison or other institution; and
whether by means of a live television link or otherwise, he is able to see and hear the court and to be seen and heard by it.
A court shall not give a direction under subsection (1) above unless—
it has been notified by the Secretary of State that facilities are available for enabling persons held in custody in the institution in which the accused is or is to be so held to see and hear the court and to be seen and heard by it; and
the notice has not been withdrawn.
If in a case where it has power to do so a magistrates' court decides not to give a direction under subsection (1) above, it shall give its reasons for not doing so.
In this section “the start of the trial” has the meaning given by subsection (11A) or (11B) of section 22 of the 1985 Act.
This section applies where a court which proposes to impose a custodial sentence for a sexual or violent offence considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.
Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of—
the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section (“the custodial term”); and
a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.
Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.
The extension period shall not exceed—
ten years in the case of a sexual offence; and
five years in the case of a violent offence.
The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.
Subsection (2) of section 2 of the 1991 Act (length of custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.
The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.
In this section—
For section 44 of the 1991 Act there shall be substituted the following section—
After section 44 of the 1991 Act there shall be inserted the following section—
This section applies where a person aged 16 or over is convicted of an offence other than one for which the sentence—
is fixed by law; or
falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act.
Subject to the provisions of this section, the court by or before which the offender is convicted may make an order (a “drug treatment and testing order”) which—
has effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and
includes the requirements and provisions mentioned in section 62 below.
A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order and the notice has not been withdrawn.
A drug treatment and testing order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.
The court shall not make a drug treatment and testing order in respect of the offender unless it is satisfied—
that he is dependent on or has a propensity to misuse drugs; and
that his dependency or propensity is such as requires and may be susceptible to treatment.
For the purpose of ascertaining for the purposes of subsection (5) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.
The Secretary of State may by order amend subsection (2) above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.
The required treatment for any particular period shall be— but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
treatment as a resident in such institution or place as may be specified in the order; or
treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;
A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).
A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.
The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.
A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.
A drug treatment and testing order shall—
provide that, for the treatment and testing period, the offender shall be under the supervision of a responsible officer, that is to say, a probation officer appointed for or assigned to the petty sessions area specified in the order;
require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and
provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.
Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—
to report on the offender’s progress to the court responsible for the order;
to report to that court any failure by the offender to comply with the requirements of the order; and
to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.
In this section and sections 63 and 64 below, references to the court responsible for a drug treatment and testing order are references to—
the court by which the order is made; or
where another court is specified in the order in accordance with subsection (10) below, that court.
Where the area specified in a drug treatment and testing order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (9) above a magistrates' court which acts for that area.
A drug treatment and testing order shall—
provide for the order to be reviewed periodically at intervals of not less than one month;
provide for each review of the order to be made, subject to subsection (7) below, at a hearing held for the purpose by the court responsible for the order (a “review hearing”);
require the offender to attend each review hearing;
provide for the responsible officer to make to the court, before each review, a report in writing on the offender’s progress under the order; and
provide for each such report to include the test results communicated to the responsible officer under section 62(7)(c) above and the views of the treatment provider as to the treatment and testing of the offender.
At a review hearing the court, after considering the responsible officer’s report, may amend any requirement or provision of the order.
The court—
shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;
shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) above, or to increase it above the maximum so specified; and
except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.
If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—
revoke the order; and
deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
In dealing with the offender under subsection (4)(b) above, the court—
shall take into account the extent to which the offender has complied with the requirements of the order; and
may impose a custodial sentence notwithstanding anything in section 1(2) of the 1991 Act.
Where the order was made by a magistrates' court in the case of an offender under the age of 18 years in respect of an offence triable only on indictment in the case of an adult, the court’s power under subsection (4)(b) above shall be a power to do either or both of the following, namely— and the reference in paragraph (b) above to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;
to deal with the offender for that offence in any way in which it could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months;
If at a review hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
If at a review without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
At that hearing the court, after considering that report, may—
exercise the powers conferred by this section as if the hearing were a review hearing; and
so amend the order as to provide for each subsequent review to be made at a review hearing.
In this section any reference to the court, in relation to a review without a hearing, shall be construed—
in the case of the Crown Court, as a reference to a judge of the court;
in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.
Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language— and the court shall not make the order unless the offender expresses his willingness to comply with its requirements.
the effect of the order and of the requirements proposed to be included in it;
the consequences which may follow (under Schedule 2 to the 1991 Act) if he fails to comply with any of those requirements;
that the order may be reviewed (under that Schedule) on the application either of the offender or of the responsible officer; and
that the order will be periodically reviewed at intervals as provided for in the order (by virtue of section 63 above);
Where, in the case of a drug treatment and testing order made by a magistrates' court, another magistrates' court is responsible for the order, the court making the order shall forthwith send copies of the order to the other court.
Where a drug treatment and testing order is made or amended under section 63(2) above, the court responsible for the order shall forthwith or, in a case falling within subsection (2) above, as soon as reasonably practicable give copies of the order, or the order as amended, to a probation officer assigned to the court, and he shall give a copy—
to the offender;
to the treatment provider; and
to the responsible officer.
Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of sections 62 and 63 above it shall be deemed to have been made by the Crown Court.
Schedule 2 to the 1991 Act (enforcement etc. of community orders) shall have effect subject to the amendments specified in Schedule 4 to this Act, being amendments for applying that Schedule to drug treatment and testing orders.
Subsections (2) to (5) below apply where—
a constable has evidence that a child or young person (“the offender”) has committed an offence;
the constable considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted;
the offender admits to the constable that he committed the offence;
the offender has not previously been convicted of an offence; and
the constable is satisfied that it would not be in the public interest for the offender to be prosecuted.
Subject to subsection (4) below, the constable may reprimand the offender if the offender has not previously been reprimanded or warned.
The constable may warn the offender if— but no person may be warned under paragraph (b) above more than once.
the offender has not previously been warned; or
where the offender has previously been warned, the offence was committed more than two years after the date of the previous warning and the constable considers the offence to be not so serious as to require a charge to be brought;
Where the offender has not been previously reprimanded, the constable shall warn rather than reprimand the offender if he considers the offence to be so serious as to require a warning.
The constable shall—
give any reprimand or warning at a police station and, where the offender is under the age of 17, in the presence of an appropriate adult; and
explain to the offender and, where he is under that age, the appropriate adult in ordinary language—
in the case of a reprimand, the effect of subsection (5)(a) of section 66 below;
in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of that section, and any guidance issued under subsection (3) of that section.
The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—
the circumstances in which it is appropriate to give reprimands or warnings, including criteria for determining—
for the purposes of subsection (3)(b) above, whether an offence is not so serious as to require a charge to be brought; and
for the purposes of subsection (4) above, whether an offence is so serious as to require a warning;
the category of constable by whom reprimands and warnings may be given; and
the form which reprimands and warnings are to take and the manner in which they are to be given and recorded.
In this section “appropriate adult”, in relation to a child or young person, means—
his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;
a social worker of a local authority social services department;
if no person falling within paragraph (a) or (b) above is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.
No caution shall be given to a child or young person after the commencement of this section.
Any reference (however expressed) in any enactment passed before or in the same Session as this Act to a person being cautioned shall be construed, in relation to any time after that commencement, as including a reference to a child or young person being reprimanded or warned.
Where a constable warns a person under section 65 above, he shall as soon as practicable refer the person to a youth offending team.
A youth offending team—
shall assess any person referred to them under subsection (1) above; and
unless they consider it inappropriate to do so, shall arrange for him to participate in a rehabilitation programme.
The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to—
what should be included in a rehabilitation programme arranged for a person under subsection (2) above;
the manner in which any failure by a person to participate in such a programme is to be recorded; and
the persons to whom any such failure is to be notified.
Where a person who has been warned under section 65 above is convicted of an offence committed within two years of the warning, the court by or before which he is so convicted—
shall not make an order under subsection (1)(b) (conditional discharge) of section 1A of the 1973 Act in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and
where it does so, shall state in open court that it is of that opinion and why it is.
The following, namely— may be cited in criminal proceedings in the same circumstances as a conviction of the person may be cited.
any reprimand of a person under section 65 above;
any warning of a person under that section; and
any report on a failure by a person to participate in a rehabilitation programme arranged for him under subsection (2) above,
In this section “rehabilitation programme” means a programme the purpose of which is to rehabilitate participants and to prevent them from re-offending.
This section applies where a child or young person is convicted of an offence other than one for which the sentence is fixed by law.
Subject to the provisions of this section and section 68 below, the court by or before which the offender is convicted may make an order (a “reparation order”) which requires the offender to make reparation specified in the order— and any person so specified must be a person identified by the court as a victim of the offence or a person otherwise affected by it.
to a person or persons so specified; or
to the community at large;
The court shall not make a reparation order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be named in the order and the notice has not been withdrawn.
The court shall not make a reparation order in respect of the offender if it proposes—
to pass on him a custodial sentence or a sentence under section 53(1) of the 1933 Act; or
to make in respect of him a community service order, a combination order, a supervision order which includes requirements imposed in pursuance of sections 12 to 12C of the 1969 Act or an action plan order.
A reparation order shall not require the offender—
to work for more than 24 hours in aggregate; or
to make reparation to any person without the consent of that person.
Subject to subsection (5) above, requirements specified in a reparation order shall be such as in the opinion of the court are commensurate with seriousness of the offence, or the combination of the offence and one or more offences associated with it.
Requirements so specified shall, as far as practicable, be such as to avoid—
any conflict with the offender’s religious beliefs or with the requirements of any community order to which he may be subject; and
any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment.
Any reparation required by a reparation order—
shall be made under the supervision of the responsible officer; and
shall be made within a period of three months from the date of the making of the order.
A reparation order shall name the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this subsection, that the offender resides or will reside.
In this section “responsible officer”, in relation to a reparation order, means one of the following who is specified in the order, namely—
a probation officer;
a social worker of a local authority social services department; and
a member of a youth offending team.
The court shall give reasons if it does not make a reparation order in a case where it has power to do so.
Before making a reparation order, a court shall obtain and consider a written report by a probation officer, a social worker of a local authority social services department or a member of a youth offending team, indicating—
the type of work that is suitable for the offender; and
the attitude of the victim or victims to the requirements proposed to be included in the order.
Before making a reparation order, a court shall explain to the offender in ordinary language—
the effect of the order and of the requirements proposed to be included in it;
the consequences which may follow (under Schedule 5 to this Act) if he fails to comply with any of those requirements; and
that the court has power (under that Schedule) to review the order on the application either of the offender or of the responsible officer.
Schedule 5 to this Act shall have effect for dealing with failure to comply with the requirements of reparation orders, for varying such orders and for discharging them with or without the substitution of other sentences.
This section applies where a child or young person is convicted of an offence other than one for which the sentence is fixed by law.
Subject to the provisions of this section and section 70 below, the court by or before which the offender is convicted may, if it is of the opinion that it is desirable to do so in the interests of securing his rehabilitation, or of preventing the commission by him of further offences, make an order (an “action plan order”) which—
requires the offender, for a period of three months beginning with the date of the order, to comply with an action plan, that is to say, a series of requirements with respect to his actions and whereabouts during that period;
places the offender under the supervision for that period of the responsible officer; and
requires the offender to comply with any directions given by that officer with a view to the implementation of that plan.
The court shall not make an action plan order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be named in the order and the notice has not been withdrawn.
The court shall not make an action plan order in respect of the offender if—
he is already the subject of such an order; or
the court proposes to pass on him a custodial sentence or a sentence under section 53(1) of the 1933 Act, or to make in respect of him a probation order, a community service order, a combination order, a supervision order or an attendance centre order.
Requirements included in an action plan order, or directions given by a responsible officer, may require the offender to do all or any of the following things, namely—
to participate in activities specified in the requirements or directions at a time or times so specified;
to present himself to a person or persons specified in the requirements or directions at a place or places and at a time or times so specified;
to attend at an attendance centre specified in the requirements or directions for a number of hours so specified;
to stay away from a place or places specified in the requirements or directions;
to comply with any arrangements for his education specified in the requirements or directions;
to make reparation specified in the requirements or directions to a person or persons so specified or to the community at large; and
to attend any hearing fixed by the court under section 70(3) below.
Such requirements and directions shall, as far as practicable, be such as to avoid—
any conflict with the offender’s religious beliefs or with the requirements of any other community order to which he may be subject; and
any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
Subsection (5)(c) above does not apply unless the offence committed by the offender is punishable with imprisonment in the case of a person aged 21 or over.
A person shall not be specified in requirements or directions under subsection (5)(f) above unless—
he is identified by the court or, as the case may be, the responsible officer as a victim of the offence or a person otherwise affected by it; and
he consents to the reparation being made.
An action plan order shall name the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this subsection, that the offender resides or will reside.
In this section “responsible officer”, in relation to an action plan order, means one of the following who is specified in the order, namely—
a probation officer;
a social worker of a local authority social services department; and
a member of a youth offending team.
An action plan order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.
Before making an action plan order, a court shall obtain and consider—
a written report by a probation officer, a social worker of a local authority social services department or a member of a youth offending team, indicating—
the requirements proposed by that person to be included in the order;
the benefits to the offender that the proposed requirements are designed to achieve; and
the attitude of a parent or guardian of the offender to the proposed requirements; and
where the offender is under the age of 16, information about the offender’s family circumstances and the likely effect of the order on those circumstances.
Before making an action plan order, a court shall explain to the offender in ordinary language—
the effect of the order and of the requirements proposed to be included in it;
the consequences which may follow (under Schedule 5 to this Act) if he fails to comply with any of those requirements; and
that the court has power (under that Schedule) to review the order on the application either of the offender or of the responsible officer.
Immediately after making an action plan order, a court may—
fix a further hearing for a date not more than 21 days after the making of the order; and
direct the responsible officer to make, at that hearing, a report as to the effectiveness of the order and the extent to which it has been implemented.
At a hearing fixed under subsection (3) above, the court—
shall consider the responsible officer’s report; and
may, on the application of the responsible officer or the offender, vary the order—
by cancelling any provision included in it; or
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that the court could originally have included in it.
Schedule 5 to this Act shall have effect for dealing with failure to comply with the requirements of action plan orders, for varying such orders and for discharging them with or without the substitution of other sentences.
In subsection (3) of section 12A of the 1969 Act (young offenders), after paragraph (a) there shall be inserted the following paragraph—.
In subsection (5) of that section, for the words “subsection (3)(a) or (b)” there shall be substituted the words “subsection (3)(a), (aa) or (b)”.
In subsection (7) of that section, after paragraph (a) there shall be inserted the following paragraph—.
In subsection (6) of section 12AA of the 1969 Act (requirement for young offender to live in local authority accommodation), for paragraphs (b) to (d) there shall be substituted the following paragraphs—; and for the words “the condition in paragraph (d)” there shall be substituted the words “sub-paragraph (i) of paragraph (d)”.
In section 13 of the 1969 Act (selection of supervisor), subsection (2) shall cease to have effect.
In subsection (3) of section 15 of the 1969 Act (variation and discharge of supervision orders), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
For subsections (4) to (6) of that section there shall be substituted the following subsections—
In subsections (7) and (8) of that section, for the words “or (4)” there shall be substituted the words “or (5)”.
Subject to section 53 of the 1933 Act, section 8 of the Criminal Justice Act 1982 (“the 1982 Act”) and subsection (2) below, where— the sentence that the court is to pass is a detention and training order.
a child or young person (“the offender”) is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and
the court is of the opinion that either or both of paragraphs (a) or (b) of subsection (2) of section 1 of the 1991 Act apply or the case falls within subsection (3) of that section,
A court shall not make a detention and training order—
in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender;
in the case of an offender under the age of 12 at that time, unless—
it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
the offence was committed on or after such date as the Secretary of State may by order appoint.
A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
A detention and training order shall be a custodial sentence for the purposes of Part I of the 1991 Act; and the provisions of sections 1 to 4 of that Act shall apply accordingly.
Subject to subsection (6) below, the term of a detention and training order shall be 4, 6, 8, 10, 12, 18 or 24 months.
The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.
The following provisions, namely— which are superseded by this section and sections 74 to 78 below, shall cease to have effect.
section 1B of the 1982 Act (detention in young offender institutions: special provision for offenders under 18); and
sections 1 to 4 of the 1994 Act (secure training orders),
On making a detention and training order in a case where subsection (2) of section 73 above applies, it shall be the duty of the court (in addition to the duty imposed by section 1(4) of the 1991 Act) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.
Subject to subsection (3) below, where— the court shall have the same power to pass consecutive detention and training orders as if they were sentences of imprisonment.
an offender is convicted of more than one offence for which he is liable to a detention and training order; or
an offender who is subject to a detention and training order is convicted of one or more further offences for which he is liable to such an order,
A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.
Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.
In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
The reference in subsection (5) above to an offender being remanded in custody is a reference to his being—
held in police detention;
remanded in or committed to custody by an order of a court;
remanded or committed to local authority accommodation under section 23 of the 1969 Act and placed and kept in secure accommodation; or
remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
A person is in police detention for the purposes of subsection (6) above— and in that subsection “secure accommodation” has the same meaning as in section 23 of the 1969 Act.
at any time when he is in police detention for the purposes of the 1984 Act; and
at any time when he is detained under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989;
For the purpose of any reference in this section or sections 75 to 78 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if—
the orders were made on the same occasion; or
where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 75 below) at any time during the period beginning with the first and ending with the last of those occasions.
An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.
Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.
The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds.
The Secretary of State may release the offender—
in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and
in the case of an order for a term of 18 months or more, one month or two months before that point.
If the youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender—
in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and
in the case of an order for a term of 18 months or more, one month or two months after that point.
An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.
In this section and sections 77 and 78 below “secure accommodation” means—
a secure training centre;
a young offender institution;
accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons;
accommodation provided for that purpose under subsection (5) of section 82 of the 1989 Act (financial support by the Secretary of State); or
such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct.
The period of supervision of an offender who is subject to a detention and training order—
shall begin with the offender’s release, whether at the half-way point of the term of the order or otherwise; and
subject to subsection (2) below, shall end when the term of the order ends.
The Secretary of State may by order provide that the period of supervision shall end at such point during the term of a detention and training order as may be specified in the order under this subsection.
During the period of supervision, the offender shall be under the supervision of— and the category of person to supervise the offender shall be determined from time to time by the Secretary of State.
a probation officer;
a social worker of a local authority social services department; or
a member of a youth offending team;
Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
Where the supervision is to be provided by— the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.
a social worker of a local authority social services department; or
a member of a youth offending team,
The offender shall be given a notice from the Secretary of State specifying—
the category of person for the time being responsible for his supervision; and
any requirements with which he must for the time being comply.
A notice under subsection (6) above shall be given to the offender—
before the commencement of the period of supervision; and
before any alteration in the matters specified in subsection (6)(a) or (b) above comes into effect.
Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 76(6)(b) above, the justice—
may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area; or
if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.
For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a detention and training order if—
the order was made by a youth court acting for it; or
the offender resides in it for the time being.
If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 76(6)(b) above, that court may—
order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or
impose on the offender a fine not exceeding level 3 on the standard scale.
An offender detained in pursuance of an order under subsection (3) above shall be deemed to be in legal custody; and a fine imposed under that subsection shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
This section applies to a person subject to a detention and training order if—
after his release and before the date on which the term of the order ends, he commits an offence punishable with imprisonment in the case of a person aged 21 or over; and
whether before or after that date, he is convicted of that offence (“the new offence”).
Subject to section 7(8) of the 1969 Act, the court by or before which a person to whom this section applies is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be detained in such secure accommodation as the Secretary of State may determine for the whole or any part of the period which—
begins with the date of the court’s order; and
is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) above.
The period for which a person to whom this section applies is ordered under subsection (2) above to be detained in secure accommodation—
shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and
in either case, shall be disregarded in determining the appropriate length of that sentence.
Where the new offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
A person detained in pursuance of an order under subsection (2) above shall be deemed to be in legal custody.
Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 75 above, at the beginning of the day on which it is passed;
if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of that subsection.
Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
if the offender has been released under Part II of the 1991 Act, at the beginning of the day on which it is made;
if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
Subject to subsection (4) below, where at any time an offender is subject concurrently— he shall be treated for the purposes of sections 75 to 78 above, section 1C of the 1982 Act and Part II of the 1991 Act as if he were subject only to the one of them that was imposed on the later occasion.
to a detention and training order; and
to a sentence of detention in a young offender institution,
Nothing in subsection (3) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
Where, by virtue of any enactment giving a court power to deal with a person in a manner in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.
This section applies where the Court— and in this section “the relevant category” means any category within which the offence falls or, as the case may be, the category to which the proposal relates.
is seised of an appeal against, or a reference under section 36 of the Criminal Justice Act 1988 with respect to, the sentence passed for an offence; or
receives a proposal under section 81 below in respect of a particular category of offence;
The Court shall consider—
whether to frame guidelines as to the sentencing of offenders for offences of the relevant category; or
where such guidelines already exist, whether it would be appropriate to review them.
Where the Court decides to frame or revise such guidelines, the Court shall have regard to—
the need to promote consistency in sentencing;
the sentences imposed by courts in England and Wales for offences of the relevant category;
the cost of different sentences and their relative effectiveness in preventing re-offending;
the need to promote public confidence in the criminal justice system; and
the views communicated to the Court, in accordance with section 81(4)(b) below, by the Sentencing Advisory Panel.
Guidelines framed or revised under this section shall include criteria for determining the seriousness of offences, including (where appropriate) criteria for determining the weight to be given to any previous convictions of offenders or any failures of theirs to respond to previous sentences.
In a case falling within subsection (1)(a) above, guidelines framed or revised under this section shall, if practicable, be included in the Court’s judgment in the appeal.
Subject to subsection (5) above, guidelines framed or revised under this section shall be included in a judgment of the Court at the next appropriate opportunity (having regard to the relevant category of offence).
For the purposes of this section, the Court is seised of an appeal against a sentence if— and (in either case) the appeal has not been abandoned or disposed of.
the Court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the Criminal Appeal Act 1968; or
in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,
For the purposes of this section, the Court is seised of a reference under section 36 of the Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.
In this section and section 81 below—
The Lord Chancellor, after consultation with the Secretary of State and the Lord Chief Justice, shall constitute a sentencing panel to be known as the Sentencing Advisory Panel (“the Panel”) and appoint one of the members of the Panel to be its chairman.
Where, in a case falling within subsection (1)(a) of section 80 above, the Court decides to frame or revise guidelines under that section for a particular category of offence, the Court shall notify the Panel.
The Panel may at any time, and shall if directed to do so by the Secretary of State, propose to the Court that guidelines be framed or revised under section 80 above for a particular category of offence.
Where the Panel receives a notification under subsection (2) above or makes a proposal under subsection (3) above, the Panel shall—
obtain and consider the views on the matters in issue of such persons or bodies as may be determined, after consultation with the Secretary of State and the Lord Chief Justice, by the Lord Chancellor;
formulate its own views on those matters and communicate them to the Court; and
furnish information to the Court as to the matters mentioned in section 80(3)(b) and (c) above.
The Lord Chancellor may pay to any member of the Panel such remuneration as he may determine.
This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 above.
If the offence was racially aggravated, the court—
shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
shall state in open court that the offence was so aggravated.
Section 28 above applies for the purposes of this section as it applies for the purposes of sections 29 to 32 above.
After subsection (9) of section 71 of the Criminal Justice Act 1988 (confiscation orders) there shall be inserted the following subsection—
In section 16(5) of the Football Spectators Act 1989 (penalties for failure to comply with reporting duty imposed by restriction order)—
for the words “one month” there shall be substituted the words “six months”; and
for the words “level 3” there shall be substituted the words “level 5”.
In section 24(2) of the 1984 Act (arrestable offences), after paragraph (p) there shall be inserted—
In this Chapter—
“drug treatment and testing order” has the meaning given by section 61(2) above;
“reparation order” has the meaning given by section 67(2) above;
Where the supervision under a reparation order or action plan order is be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area named in the order.
Where the supervision under a reparation order or action plan order is to be provided by— the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or young person resides or will reside.
a social worker of a local authority social services department; or
a member of a youth offending team,
In this Chapter, in relation to a drug treatment and testing order—
In this Chapter, unless the contrary intention appears, expressions which are also used in Part I of the 1991 Act have the same meanings as in that Part.
For the purposes of this Chapter, a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act if it is required by that provision and the court is not of the opinion there mentioned.
After section 210 of the 1995 Act there shall be inserted the following section—
In section 209 of the 1995 Act (supervised release orders), in subsection (1)—
after the word “convicted” there shall be inserted the words “on indictment”;
after the words “an offence” there shall be inserted the words “, other than a sexual offence within the meaning of section 210A of this Act,”; and
the words “not less than twelve months but” shall cease to have effect.
After section 26 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) there shall be inserted the following section—
After section 3 of the 1993 Act there shall be inserted the following section—
After section 234A of the 1995 Act there shall be inserted the following section—
After section 234B of the 1995 Act there shall be inserted the following section—
After section 234C of the 1995 Act there shall be inserted the following section—
After section 234D of the 1995 Act there shall be inserted the following sections—
After section 234F of the 1995 Act there shall be inserted the following sections—
After section 234H of the 1995 Act there shall be inserted the following section—
Schedule 6 to this Act (Part I of which makes further provision in relation to the combination of drug treatment and testing orders with other orders and Part II of which makes provision in relation to appeals) shall have effect.
After section 234J of the 1995 Act there shall be inserted the following section—
“drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;
The provisions of this section shall apply where it is— and, in either case, proved that an offence has been racially aggravated.
libelled in an indictment; or
specified in a complaint,
An offence is racially aggravated for the purposes of this section if— and evidence from a single source shall be sufficient evidence to establish, for the purposes of this subsection, that an offence is racially aggravated.
at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim’s membership (or presumed membership) of a racial group; or
the offence is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group,
In subsection (2)(a) above—
“presumed” means presumed by the offender.
It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—
the fact or presumption that any person or group of persons belongs to any religious group; or
any other factor not mentioned in that paragraph.
Where this section applies, the court shall, on convicting a person, take the aggravation into account in determining the appropriate sentence.
In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
In subsection (4) of section 23 of the 1969 Act (remands and committals to local authority accommodation), for the words “Subject to subsection (5) below,” there shall be substituted the words “Subject to subsections (5) and (5A) below,”.
In subsection (5) of that section, for the words “a young person who has attained the age of fifteen” there shall be substituted the words “a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description”.
After that subsection there shall be inserted the following subsection—
“prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;
Section 20 of the 1994 Act (which has not been brought into force and is superseded by this section) is hereby repealed.
Section 23 of the 1969 Act shall have effect with the modifications specified in subsections (2) to (6) below in relation to any male person who—
is of the age of 15 or 16; and
is not of a description prescribed for the purposes of subsection (5) of that section.
In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is remanded to a remand centre or a prison in pursuance of subsection (4)(b) or (c) below,”.
For subsections (4) to (5A) there shall be substituted the following subsections—
In subsection (6)—
for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and
for the words “subsection (5) above” there shall be substituted the words “that subsection”.
In subsection (7), after the words “a security requirement” there shall be inserted the words “(that is to say, a requirement imposed under subsection (4)(a) above that the person be placed and kept in secure accommodation)”.
After subsection (9) there shall be inserted the following subsection—
Section 62 of the 1991 Act (which is superseded by this section) shall cease to have effect.
Immediately before section 35 of the 1991 Act there shall be inserted the following section—
After section 37 of the 1991 Act there shall be inserted the following section—
Immediately before section 39 of the 1991 Act there shall be inserted the following section—
For subsection (2) of section 51 of the 1991 Act (interpretation of Part II) there shall be substituted the following subsections—
After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—
A court sentencing a person to a term of imprisonment shall not order or direct that the term shall commence on the expiration of any other sentence of imprisonment from which he has been released under Part II of the 1991 Act.
Expressions used in this section shall be construed as if they were contained in that Part.
This section has effect for the purpose of securing that, subject to section 100(2) above, the circumstances in which prisoners released on licence under Part II of the 1991 Act may be recalled to prison are the same for short-term prisoners as for long-term prisoners.
Section 38 of the 1991 Act (breach of licence conditions by short-term prisoners) shall cease to have effect.
In subsection (1) of section 39 of the 1991 Act (recall of long-term prisoners while on licence), after the words “in the case of a” there shall be inserted the words “short-term or”.
In subsection (3) of section 33 of the 1991 Act (duty to release short-term and long-term prisoners), for the word “unconditionally” there shall be substituted the words “on licence”.
After subsection (1) of section 37 of that Act (duration and conditions of licences) there shall be inserted the following subsection—
After section 40 of the 1991 Act there shall be inserted the following section—
The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.
Chapter I of Part II of the 1997 Act (which relates to the effect of determinate custodial sentences) shall be amended as follows.
Sections 8 and 10 to 27 are hereby repealed.
After subsection (7) of section 9 (crediting of periods of remand in custody) there shall be inserted the following subsection—
After subsection (10) of that section there shall be inserted the following subsections—
After that section there shall be inserted the following section—
Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997 (early release of prisoners) shall cease to have effect.
Section 16 of the Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.
In subsection (2), at the beginning there shall be inserted the words “Except in a case to which subsection (3A) or (3B) below applies,”.
After subsection (3) there shall be inserted the following subsections—
Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.
In section 24 of the Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), in subsection (4)—
for the words from “he” to “be” there shall be substituted the words “and is”; and
after the word “detention” there shall be inserted the words “, the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention”.
After section 1 of the 1993 Act there shall be inserted the following section—
After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—
For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—
In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—
for the words “a prisoner” there shall be substituted the words “an existing prisoner”;
the word “and” after head (a) shall cease to have effect;
in head (b), for the words “that date” there shall be inserted the words “the date on which section 111 of the Crime and Disorder Act 1998 comes into force”; and
after head (b) there shall be inserted the following—; and
After that paragraph there shall be inserted the following paragraph—
Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.
Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.
In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act”.
After section 204 of the 1995 Act there shall be inserted the following section—
In subsection (1) of section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for the words “(f) or (g)” there shall be substituted the words “(f), (g) or (h)”.
In subsection (3) of that section, for paragraphs (a) and (b) there shall be substituted the words “he holds the rank of assistant chief constable in that Service or Squad”.
In subsection (4) of that section, the word “and” immediately preceding paragraph (c) shall cease to have effect and after that paragraph there shall be inserted the words and
Any power of a Minister of the Crown to make an order or regulations under this Act—
is exercisable by statutory instrument; and
includes power to make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order or regulations.
A statutory instrument containing an order under section 5(2) or (3) or 10(6) above, or regulations under paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
No order under section 38(5), 41(6), 58(7), 61(7), 73(2)(b)(ii) or 76(2) above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
Any person who, apart from this subsection, would not have power to disclose information— shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.
to a relevant authority; or
to a person acting on behalf of such an authority,
In subsection (1) above “relevant authority” means—
the chief officer of police for a police area in England and Wales;
the chief constable of a police force maintained under the Police (Scotland) Act 1967;
a police authority within the meaning given by section 101(1) of the Police Act 1996;
a local authority, that is to say—
in relation to England, a county council, a district council, a London borough council or the Common Council of the City of London;
in relation to Wales, a county council or a county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
a probation committee in England and Wales;
a health authority.
The Secretary of State may by order provide that, in relation to any time before the commencement of section 73 above, a court shall not make an order under— unless it has been notified by the Secretary of State that accommodation at a secure training centre, or accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons, is immediately available for the offender, and the notice has not been withdrawn.
section 1 of the 1994 Act (secure training orders); or
subsection (3)(a) of section 4 of that Act (breaches of supervision requirements),
An order under this section may provide that sections 2 and 4 of the 1994 Act shall have effect, in relation to any such time, as if—
for subsections (2) and (3) of section 2 there were substituted the following subsection—;
in subsection (5) of that section, for the words “subsections (2)(a)(ii) and (4)(b) apply” there were substituted the words “subsection (4)(b) applies”;
for subsection (8) of that section there were substituted the following subsection—; and
in subsection (4) of section 4, for the words “paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2” there were substituted the words “paragraphs (a) and (b) of subsection (2) and subsections (7) and (8) of section 2”.
In relation to any time before the commencement of section 73 above, section 4 of the 1994 Act shall have effect as if after subsection (4) there were inserted the following subsection—
In relation to any time before the commencement of section 73 above, section 1B of the 1982 Act (special provision for offenders under 18) shall have effect as if—
in subsection (4), immediately before the words “a total term” there were inserted the words “a term or (in the case of an offender to whom subsection (6) below applies)”;
in subsection (5)—
immediately before the words “total term” there were inserted the words “term or (as the case may be)”; and
for the words “the term” there were substituted the word “it”; and
for subsection (6) there were substituted the following subsection—
In this section “local authority” has the same meaning as in the 1989 Act.
In this Act—
In this Act—
For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 above—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
The transitional provisions and savings contained in Schedule 9 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Crime and Disorder Act 1998.
This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.
Without prejudice to the provisions of Schedule 9 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
Subject to subsections (5) to (12) below, this Act extends to England and Wales only.
The following provisions extend to Scotland only, namely—
Chapter II of Part I;
section 33;
Chapter II of Part IV;
sections 108 to 112 and 117(2); and
paragraphs 55, 70, 71, 98 to 108, 115 to 124 and 140 to 143 of Schedule 8 and section 119 above so far as relating to those paragraphs.
The following provisions also extend to Scotland, namely—
Chapter III of Part I;
section 36(3) to (5);
section 65(9);
section 115;
paragraph 3 of Schedule 3 to this Act and section 52(6) above so far as relating to that paragraph;
paragraph 15 of Schedule 7 to this Act and section 106 above so far as relating to that paragraph;
paragraphs 1, 7(1) and (3), 14(1) and (2), 35, 36, 45, 135, 136 and 138 of Schedule 8 to this Act and section 119 above so far as relating to those paragraphs; and
this section.
Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.
Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.
Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.
Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.
The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.
Section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend Act to Channel Islands and Isle of Man) applies to the amendments of that Act made by paragraphs 56 to 60 of Schedule 8 to this Act; and in Schedule 1 to the 1997 Act— apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.
paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and
paragraph 19 (application of Schedule in relation to the Isle of Man),