Senegal - Technical Assistance Project
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Where a person under 21 years of age is convicted or found guilty of an offence, the court may not— unless it is of the opinion that no other method of dealing with him is appropriate because it appears to the court that he is unable or unwilling to respond to non-custodial penalties or because a custodial sentence is necessary for the protection of the public or because the offence was so serious that a non-custodial sentence cannot be justified.
make a detention centre order in respect of him under section 4 below;
pass a youth custody sentence on him under section 6 below; or
pass a sentence of custody for life on him under section 8(2) below,
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For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State his age shall be deemed to be that which it appears to the court or the Secretary of State (as the case may be) to be after considering any available evidence.
For the purpose of determining whether there is any appropriate method of dealing with a person under 21 years of age other than a method whose use in the case of such a person is restricted by section 1(4) or (5) above the court shall obtain and consider information about the circumstances and shall take into account any information before the court which is relevant to his character and his physical and mental condition.
Subject to subsection (3) below, the court shall in every case obtain a social inquiry report for the purpose of determining whether there is any appropriate method of dealing with a person other than a method whose use is restricted by section 1 (4) above.
Subsection (2) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a social inquiry report.
Where a magistrates' court deals with a person under 21 years of age by a method whose use in the case of such a person is restricted by section 1(4) above, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate because it appears to the court that he is unable or unwilling to respond to non-custodial penalties or because a custodial sentence is necessary for the protection of the public or because the offence was so serious that a non-custodial sentence cannot be justified.
Where a magistrates' court deals with a person under 21 years of age by a method whose use in the case of such a person is restricted by section 1(5) above, it shall state in open court the reason for its opinion that no other method of dealing with him is appropriate.
Where a magistrates' court deals with a person under 21 years of age by a method whose use in the case of such a person is restricted by section 1(4) above without obtaining a social inquiry report, it shall state in open court the reason for its opinion that it was unnecessary to obtain such a report.
A magistrates' court shall cause a reason stated under subsection (4), (5) or (6) above to be specified in the warrant of commitment and to be entered in the register.
No sentence or order shall be invalidated by the failure of a court to comply with subsection (2) above, but any other court on appeal from that court shall obtain a social inquiry report if none was obtained by the court below, unless it is of the opinion that in the circumstances of the case it is unnecessary to do so.
In determining whether it should deal with the appellant by a method different from that by which the court below dealt with him the court hearing the appeal shall consider any social inquiry report obtained by it or by the court below.
In this section " social inquiry report" means a report about a person and his circumstances made by a probation officer or by a social worker of a local authority social services department.
A magistrates' court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not—
make a detention centre order under section 4 below ;
pass a youth custody sentence under section 6 below ;
pass a sentence of custody for life under section 8(2) below; or
make an order for detention under section 53(2) of the Children and Young Persons Act 1933, in respect of or on a person who is not legally represented in that court, unless either—
he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance ; or
having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.
For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced, and in subsection (1)(i) and (ii) above " legal aid " means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.
Where—
a male offender under 21 but not less than 14 years of age is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and
the court considers—
that the only appropriate method of dealing with him is to pass a custodial sentence on him; but
that the term of such a sentence should be no more than 4 months, the order that the court is to make, subject to the provisions of this section and to section 5(2) below, is an order for his detention in a detention centre for such period, not exceeding 4 months, as it considers appropriate.
If the maximum term of imprisonment that a court could impose for an offence is less than 4 months, the maximum term of detention it may specify for that offence in a detention centre order is the same as the maximum term of imprisonment.
Subject to subsection (4) below, no order may be made under this section for the detention of an offender in a detention centre for less than 21 days.
A court may order the detention of an offender in a detention centre for less than 21 days for an offence under section 15(11) below.
Subject to subsection (6) below, a court shall not make an order under this section for the detention of an offender in a detention centre—
if it considers that his detention in such a centre would be unsuitable because of his mental or physical condition ; or
if he is serving or has ever served a sentence—
of imprisonment;
of detention under section 53 of the Children and Young Persons Act 1933 (detention on conviction of certain grave crimes);
of Borstal training ;
of youth custody under section 6 below ; or
of custody for life under section 8 below.
A court may make an order under this section for the detention in a detention centre of an offender who has served a sentence of a description specified in subsection (5)(b) above if it appears to the court that there are special circumstances (whether relating to the offence or to the offender) which warrant the making of such an order in his case.
An order under this section is referred to in this Act as a " detention centre order ".
Subject to the provisions of this section, any court which makes a detention centre order may direct that the term of detention under the order shall commence on the expiration of a term of detention under another detention centre order.
No court shall— if the effect would be that the offender would be ordered to be detained in a detention centre for more than 4 months at a time.
make a detention centre order in respect of an offender who is subject to another such order ; or
give a direction under subsection (1) above,
If a court makes such an order or gives such a direction in respect of an offender aged less than 15 years, so much of the aggregate of all the terms of detention in a detention centre to which he is subject as exceeds 4 months shall be treated as remitted.
If a court makes such an order or gives such a direction in respect of an offender aged 15 years or over, he shall be treated for all purposes as if he had been sentenced to a term of youth custody equal to the aggregate of all the terms of detention in a detention centre to which he is subject.
Where the sentence that the court is to pass is a youth custody sentence for the term which it considers appropriate.
an offender not less than 15 years of age is serving a term of detention in a detention centre ; and
on his conviction of an offence the court by which he is convicted considers that the only appropriate method of dealing with him is to pass a custodial sentence on him; and
the length of sentence which the court considers appropriate is such that the period for which he would be ordered to be detained by virtue of the sentence, together with the period for which any detention centre order to which he is subject directed that he should be detained, would exceed 4 months,
Where a court passes a youth custody sentence on an offender under subsection (5) above, it shall direct that any detention centre order to which he is subject at the time of the conviction for which the youth custody sentence is imposed shall be treated for all purposes as if it had been a sentence of youth custody.
Where a detention centre order is treated as a sentence of youth custody by virtue of this section, the portion of the term of detention imposed by the order which the offender has already served shall be deemed to have been a portion of a term of youth custody.
Subject to section 8 below and to section 53 of the Children and Young Persons Act 1933, where— the sentence that the court is to pass is a sentence of youth custody.
a person under 21 but not less than 15 years of age is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and
the court considers for reasons which shall be stated in open court that the only appropriate method of dealing with the offender is to pass a custodial sentence ; and
either—
the court considers that it would be appropriate to sentence the offender to a term of more than 4 months, or where the offender has been convicted of more than one offence, to terms of more than 4 months in the aggregate ; or
the case falls within subsection (2) or (4) below,
A case falls within this subsection where the offender is male and the court determines—
that a sentence of 4 months or less would be appropriate ; but
that a detention centre order is precluded by section 4(5) above.
If a court passes a sentence of youth custody on an offender because it considers that his detention in a detention centre would be unsuitable because of his mental condition, it shall certify in the warrant of commitment that it passed the sentence of youth custody for that reason.
A case falls within this subsection if the offender is female and has attained the age of 17 years.
A sentence under this section is referred to in this Act as a " youth custody sentence ".
Subject to subsection (8) below, the maximum term of youth custody that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence.
Subject to subsection (8) below, where— the court shall have the same power to pass consecutive youth custody sentences as if they were sentences of imprisonment.
an offender is convicted of more than one offence for which he is liable to a sentence of youth custody ; or
an offender who is serving a youth custody sentence is convicted of one or more further offences for which he is liable to such a sentence,
Where an offender who— is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the youth custody sentence.
is serving a youth custody sentence ; and
is aged over 21 years,
Subject to subsections (6) and (7) below, a court shall not pass a youth custody sentence on an offender whose effect would be that he would be sentenced to a total term which is less than the usual term of youth custody.
The usual term of youth custody is a term exceeding 4 months.
If a case falls within section 6(2) or (4) above, the term of youth custody to which the offender is sentenced may be less than the usual term but not less than 21 days.
A court may pass a sentence of youth custody for less than 21 days for an offence under section 15(11) below.
An offender aged less than 17 years shall not be sentenced to a term of youth custody which exceeds 12 months at a time; and accordingly—
a court shall not pass a youth custody sentence on such an offender whose effect would be that he would be sentenced to a total term which exceeds 12 months; and
so much of any such term for which such an offender is sentenced as exceeds 12 months shall be treated as remitted.
In subsections (4) and (8)(a) above " total term " means—
in the case of an offender sentenced to two or more terms of youth custody which are consecutive or wholly or partly concurrent, the aggregate of those terms ;
in the case of any other offender, the term of the youth custody sentence in question.
Where a person under the age of 21 is convicted of murder or any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under section 53(1) of the Children and Young Persons Act 1933 (detention of persons under 18 convicted of murder).
Where a person aged 17 years or over but under the age of 21 is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life, the court shall, if it considers that a custodial sentence for life would be appropriate, sentence him to custody for life.
In any case where, but for section 1(1) above, a court would have power— the court shall have power, subject to section 1(5) above, to commit him to be detained under this section or, as the case may be, to make an order fixing a term of detention under this section in the event of default, for a term not exceeding the term of imprisonment.
to commit a person under 21 but not less than 17 years of age to prison for default in payment of a fine or any other sum of money ; or
to make an order fixing a term of imprisonment in the event of such a default by such a person ; or
to commit such a person to prison for contempt of court or any kindred offence,
For the purposes of subsection (1) above, the power of a court to order a person to be imprisoned under section 23 of the Attachment of Earnings Act 1971 shall be taken to be a power to commit him to prison.
The following subsections shall be added at the end of section 67 of the Criminal Justice Act 1967 (reduction of custodial sentence by period already spent in custody)—.
The following section shall be substituted for section 43 of the Prison Act 1952—.
Subject to subsection (11) below, a male offender sentenced to youth custody shall be detained in a youth custody centre unless the Secretary of State gives a direction for his detention in a prison under subsection (4) below.
if the term of his youth custody sentence is more than 4 but not more than 18 months ; and
if the term is not treated by virtue of section 67 of the Criminal Justice Act 1967 as reduced to less than 21 days,
Subject to subsection (11) below, an offender aged 16 years or less who is sentenced to youth custody, other than an offender who falls to be detained in a youth custody centre by virtue of subsection (1) above, is to be detained in a youth custody centre or in a remand centre as the Secretary of State may from time to time direct unless—
the term of his youth custody sentence is treated by virtue of section 67 of the Criminal Justice Act 1967 as reduced to less than 21 days; or
he has been sentenced under section 15(11) below to youth custody for less than 21 days ; or
the Secretary of State gives a direction for his detention in a prison under subsection (4) below.
Subject to subsection (11) below, an offender who has been sentenced to youth custody because the court considered that his detention in a detention centre would be unsuitable because of his mental condition is to be detained in a youth custody centre or in a remand centre as the Secretary of State may from time to time direct unless—
the term of his youth custody sentence is treated by virtue of section 67 of the Criminal Justice Act 1967 as reduced to less than 21 days ; or
he has been sentenced under section 15(11) below to youth custody for less than 21 days ; or
the Secretary of State gives a direction for his detention in a prison under subsection (4) below.
The Secretary of State may from time to time direct that— is instead to be detained for any temporary purpose in a prison.
an offender who falls to be detained in a youth custody centre by virtue of subsection (1) above ; or
an offender who falls to be detained in a youth custody centre or a remand centre by virtue of subsection (2) or (3) above,
Any offender sentenced to youth custody, other than an offender who falls to be detained in a youth custody centre by virtue of subsection (1) above or an offender who falls to be detained in a youth custody centre or a remand centre by virtue of subsection (2) or (3) above, is to be detained— as the Secretary of State may from time to time direct.
in a youth custody centre ;
in a remand centre ; or
in a prison,
Subject— an offender sentenced to custody for life is to be detained in a prison.
to subsection (7) below, and
to the enactments mentioned in subsection (11) below,
The Secretary of State may from time to time direct that an offender sentenced to custody for life— is to be detained in a youth custody centre instead of a prison.
who is female ; or
who is male and under 22 years of age,
Where a detention centre order has been made in respect of an offender aged 15 years or over, the Secretary of State may from time to time direct that he shall be detained for any temporary purpose in a youth custody centre or a prison instead of a detention centre.
Where in the case of an offender aged 15 years or over— the Secretary of State may from time to time direct that he is to be detained (otherwise than for a temporary purpose) in a remand centre, a youth custody centre or (where the offender is aged 17 or over) a prison instead of a detention centre.
either—
a detention centre order has been made; and
the term for which he is ordered to be detained is treated by virtue of section 67 of the Criminal Justice Act 1967 as reduced to less than 21 days ; or
he is ordered under section 15(11) below to be detained in a detention centre for less than 21 days,
A person in respect of whom an order has been made under section 9 above is to be detained— as the Secretary of State may from time to time direct.
in a remand centre ;
in a detention centre ;
in a youth custody centre ; or
in any place in which a person aged 21 years or over could be imprisoned or detained for default in payment of a fine or any other sum of money,
This section is without prejudice—
to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.); and
to section 43(3) of that Act (detention in remand centre for a temporary purpose or for the purpose of providing maintenance and domestic services).
Subject to subsection (3) below, where— the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
an offender has been sentenced to a term of youth custody ; and
either—
he has attained the age of 21 years ; or
the conditions specified in subsection (2) below are satisfied in relation to him,
The conditions mentioned in subsection (1) above are—
that the offender has attained the age of 18 years; and
that he has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates.
An offender who by virtue of this section falls to be treated as if he had been sentenced to imprisonment instead of youth custody is not to be so treated for the purposes of section 15 below.
Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of youth custody imposed by the youth custody sentence which he has already served shall be deemed to have been a portion of a term of imprisonment.
Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a youth custody sentence shall continue to have effect after a direction under subsection (1) above has been given in relation to him.
The Secretary of State may by order made by statutory instrument—
amend any enactment in sections 1 to 13 above which contains a reference to a period of time, by substituting a reference to some other period of time ; or
remove either of the references to periods of time from section 12(1)(a) above ; or
repeal that paragraph.
An order under this section may make different provision for different cases.
An order under this section may not—
amend section 4(1) above so as to increase the period specified in paragraph (b)(ii) of that subsection in its application to offenders under the age of 15 ; or
amend section 5(2) above so as to increase the period specified in that subsection in its application to such offenders; or
amend section 5(3) above so as to increase the period specified in that subsection ; or
amend section 7(8) above so as to authorise a sentence of youth custody for a term which exceeds 12 months at a time.
An order under this section may make such incidental or supplemental provision (including provision amending enactments) as the Secretary of State considers appropriate.
An order shall not be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
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Subject to subsection (13) below, if subsection (2), (3) or (4) below applies to a person under 22 years of age who is released from a term of detention under a detention centre order or a term of youth custody, he shall be under the supervision of a probation officer or a social worker of a local authority social services department
This subsection applies to a person who was neither granted remission nor released on licence.
This subsection applies to a person who was granted remission.
This subsection applies to a person—
who was under 21 years of age when sentence was passed on him; and
who is released on licence ; and
whose licence expires less than 12 months after his release.
The supervision period ends on the offender's 22nd birthday if it has not ended before.
Subject to subsection (5) above, where subsection (2) above applies, the supervision period begins on the offender's release and ends 3 months from his release.
Subject to subsection (5) above and to subsection (9) below, where subsection (3) above applies, the supervision period begins on the offender's release and ends— whichever is the later.
3 months from his release; or
on the date on which his sentence would have expired if he had not been granted remission,
Subject to subsection (5) above and to subsection (9) below, where subsection (4) above applies, the supervision period begins when the offender's licence expires and ends on the date on which he would have been released if he had never been granted remission or released on licence.
If the date mentioned in subsection (1)(b) or (8) above is more than 12 months from the date of the offender's release, the supervision period ends 12 months from the date of his release.
While a person is under supervision by virtue of this section, he shall comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
A person who without reasonable excuse fails to comply with a requirement imposed under subsection (10) above shall be guilty of an offence and liable on summary conviction—
to a fine not exceeding £200 ; or
to an appropriate custodial sentence for a period not exceeding 30 days.
In subsection (11) above " appropriate custodial sentence " means—
a sentence of imprisonment, if the offender has attained the age of 21 years when he is sentenced ; and
a detention centre order or a youth custody sentence, if he has not then attained that age.
A person released from a custodial sentence passed under subsection (11) above shall not be liable to a period of supervision in consequence of his conviction under that subsection, but his conviction shall not prejudice any liability to supervision to which he was previously subject, and that liability shall accordingly continue until the end of the supervision period.
In this section—
" licence " means a licence under section 60 of the Criminal Justice Act 1967 ; and
" remission " means remission under rules made by virtue of section 47 of the Prison Act 1952.
The Secretary of State may continue to provide attendance centres.
In this Act " attendance centre " means a place at which offenders under 21 years of age may be required to attend and be given under supervision appropriate occupation or instruction, in pursuance of orders made—
by the Crown Court or magistrates' courts under section 17 below;
by juvenile courts or other magistrates' courts under section 15(2A) or (4) of the Children and Young Persons Act 1969 (attendance centre orders made on breach of requirements in supervision orders); or
by magistrates' courts under section 6(3)(c) of the Powers of Criminal Courts Act 1973 (attendance centre orders made on breach of requirements in probation orders).
The Secretary of State may by statutory instrument make rules for the regulation and management of attendance centres.
For the purpose of providing attendance centres the Secretary of State may make arrangements with any local authority or police authority for the use of premises of that authority.
A draft of any statutory instrument containing rules under this section shall be laid before Parliament.
Subject to subsections (3) and (4) below, where a court— the court may, if it has been notified by the Secretary of State that an attendance centre is available for the reception of persons of his description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified.
would have power, but for section 1 above, to pass a sentence of imprisonment on a person who is under 21 years of age or to commit such a person to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone ; or
has power to deal with any such person under section 6 of the Powers of Criminal Courts Act 1973 for failure to comply with any of the requirements of a probation order,
An order under this section is referred to in this Act as an " attendance centre order ".
No attendance centre order shall be made in the case of an offender who has been previously sentenced— unless it appears to the court that there are special circumstances (whether relating to the offence or to the offender) which warrant the making of such an order in his case.
to imprisonment;
to detention under section 53 of the Children and Young Persons Act 1933 ;
to Borstal training ;
to youth custody or custody for life under this Act; or
to detention in a detention centre,
The aggregate number of hours for which an attendance centre order may require an offender to attend at an attendance centre shall not be less than 12 except where he is under 14 years of age and the court is of opinion that 12 hours would be excessive, having regard to his age or any other circumstances.
The aggregate number of hours shall not exceed 12 except where the court is of opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case shall not exceed 24 where the offender is under 17 years of age, or 36 hours where the offender is under 21 but not less than 17 years of age.
A court may make an attendance centre order in respect of an offender before a previous attendance centre order made in respect of him has ceased to have effect, and may determine the number of hours to be specified in the order without regard—
to the number specified in the previous order ; or
to the fact that that order is still in effect.
An attendance centre order shall not be made unless the court is satisfied that the attendance centre to be specified in it is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances.
The times at which an offender is required to attend at an attendance centre shall be such as to avoid interference, so far as practicable, with his school hours or working hours.
The first such time shall be a time at which the centre is available for the attendance of the offender in accordance with the notification of the Secretary of State and shall be specified in the order.
The subsequent times shall be fixed by the officer in charge of the centre, having regard to the offender's circumstances.
An offender shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
Where a court makes an attendance centre order, the clerk of the court shall deliver or send a copy of the order to the officer in charge of the attendance centre specified in it, and shall also deliver a copy to the offender or send a copy by registered post or the recorded delivery service addressed to the offender's last or usual place of abode.
Where an offender has been ordered to attend at an attendance centre in default of the payment of any sum of money—
on payment of the whole sum to any person authorised to receive it, the attendance centre order shall cease to have effect;
on payment of a part of the sum to any such person, the total number of hours for which the offender is required to attend at the centre shall be reduced proportionately, that is to say by such number of complete hours as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part bears to the said sum.
An attendance centre order may be discharged on an application made by the offender or the officer in charge of the relevant attendance centre.
An application under subsection (1) above shall be made to one of the courts specified in subsection (3) below or to the Crown Court under subsection (4) below, and the discharge of such an order shall be by order of the court.
Subject to subsection (4) below, the power to discharge an attendance centre order shall be exercised—
by a magistrates' court acting for the petty sessions area in which the relevant attendance centre is situated ; or
by the court which made the order.
Where the court which made the order is the Crown Court and there is included in the order a direction that the power to discharge the order is reserved to that court, the power shall be exercised by that court.
An attendance centre order may, on the application of the offender or of the officer in charge of the relevant attendance centre, be varied by a magistrates' court acting for the petty sessions area in which the relevant attendance centre is situated; and an attendance centre order made by a magistrates' court may also be varied, on such an application, by that court.
The power to vary an attendance centre order is a power by order—
to vary the day or hour specified in the order for the offender's first attendance at the relevant attendance centre; or
if the court is satisfied that the offender proposes to change or has changed his residence, to substitute for the relevant attendance centre an attendance centre which the court is satisfied is reasonably accessible to the offender, having regard to his age, the means of access available to him and any other circumstances.
Where an application is made under this section by the officer in charge of an attendance centre, the court may deal with it without summoning the offender.
It shall be the duty of the clerk to a court which makes an order under this section—
to deliver a copy to the offender or send a copy by registered post or the recorded delivery service addressed to the offender's last or usual place of abode ; and
to deliver or send a copy—
if the order is made by virtue of subsection (1) or (6)(a) above, to the officer in charge of the relevant attendance centre ; and
if it is made by virtue of subsection (6)(b) above, to the officer in charge of the attendance centre which the order as varied will require the offender to attend.
In this section " the relevant attendance centre ", in relation to an attendance centre order, means the attendance centre specified in the order or substituted for the attendance centre so specified by an order made by virtue of subsection (6)(b) above.
Where an attendance centre order has been made and it appears on information to a justice acting for a relevant petty sessions area that the offender— the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a magistrates' 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.
has failed to attend in accordance with the order ; or
while attending has committed a breach of rules made under section 16(3) above which cannot be adequately dealt with under those rules,
For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to an attendance centre order—
if the attendance centre which the offender is required to attend by an order made by virtue of section 17(1) or 18(6)(b) above is situated in it; or
if the order was made by a magistrates' court acting for it.
If it is proved to the satisfaction of the magistrates' court before which an offender appears or is brought under this section that he has failed without reasonable excuse to attend as mentioned in paragraph (a) of subsection (1) above or has committed such a breach of rules as is mentioned in paragraph (b) of that subsection, that court—
if the attendance centre order was made by a magistrates' court, may revoke it and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made ;
if the order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.
A magistrates' court which deals with an offender's case under subsection (3) (b) above shall send to the Crown Court a certificate signed by a justice of the peace giving particulars of the offender's failure to attend or, as the case may be, the breach of the rules which he has committed, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure or the breach before the Crown Court.
Where by virtue of subsection (3)(b) above the offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed to attend as mentioned in paragraph (a) of subsection (1) above or has committed such a breach of rules as is mentioned in paragraph (b) of that subsection, that court may revoke the attendance centre order and deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.
A person sentenced under subsection (3)(a) above for an offence may appeal to the Crown Court against the sentence.
In proceedings before the Crown Court under this section, any question whether there has been a failure to attend or a breach of the rules shall be determined by the court and not by the verdict of a jury.
The following subsections shall be substituted for subsections (2) to (3C) of section 12 of the Children and Young Persons Act 1969 (power to include requirements in supervision orders)—.
The following subsection shall be substituted for section 18(4) of the Children and Young Persons Act 1969 (expenditure incurred by supervisor for purposes of directions under section 12(2) to be defrayed by local authority)—.
The following section shall be substituted for section 19 of the Children and Young Persons Act 1969—.
A scheme under section 19 of the Children and Young Persons Act 1969, as originally enacted, which is in force for an area at the commencement of this section shall continue in force thereafter until the coming into force of the first scheme for that area made under the section substituted for that section by subsection (1) above.
in subsection (7) (under which a court has power to make a care order where a child is found guilty of homicide or a young person is found guilty of any imprisonable offence) after the word " Subject" there shall be inserted the words " to subsection (7A) of this section and "; and
the following subsection shall be inserted after that subsection—.
The following section shall be inserted after section 21 of the Child Care Act 1980—.
In the Legal Aid Act 1974—
in section 28(3)(a) and (6), after " 1969 " there shall be inserted " or under section 21A of the Child Care Act 1980 "; and
at the end of section 29(1)(d) there shall be inserted or.
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In section 81 of the Senior Courts Act 1981 —
in subsection (1) (which lists cases in which the Crown Court may grant bail) at the end of paragraph (e) there shall be added—or ;
the following subsections shall be inserted after that subsection—.
In the Criminal Appeal Act 1968—
in section 11—
in subsection (1), for the word “An" there shall be substituted the words “Subject to subsection (1A) below, an"; and
the following subsection shall be inserted after that subsection—;
the following section shall be substituted for section 19—;
the following paragraph shall be substituted for section 31(2)(e)—.
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Section 47 of the Criminal Law Act 1977 (which gives a court sentencing an offender to imprisonment for not less than six months and not more than two years power to suspend part of the sentence) shall have effect subject to the following amendments.
In subsection (1), for the word " Where " there shall be substituted the words " Subject to subsection (1A) below, where ".
In the said subsection (1), for the word " six " there shall be substituted the word " three ".
The following subsections shall be inserted after that subsection—.
In subsection (2), for the words from the beginning to " that", there shall be substituted the words " The part of the sentence to be served in prison shall be not less than twenty-eight days and the part to be held in suspense shall be not less than one-quarter of the whole term, and the offender shall not be required to serve the latter ".
In subsection (3), for the words " subsection (4)", there shall be substituted the words " subsections (4) and (4A) ".
The following subsection shall be inserted after subsection (4)—.
The following subsections shall be added after subsection (8)—.
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The Secretary of State may order that persons of any class specified in the order who are serving a sentence of imprisonment, other than— shall be released from prison at such time earlier (but not more than six months earlier) than they would otherwise be so released as may be fixed by the order; but the Secretary of State shall not make an order under this section unless he is satisfied that it is necessary to do so in order to make the best use of the places available for detention.
imprisonment for life , imprisonment for public protection , a serious terrorism sentence ... or an extended sentence ...; or
imprisonment to which they were sentenced—
for an excluded offence;
for attempting to commit such an offence;
for conspiracy to commit such an offence; or
for aiding or abetting, counselling, procuring or inciting the commission of such an offence, or
imprisonment to which they were sentenced for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is—
an excluded offence;
an attempt to commit an excluded offence;
conspiracy to commit an excluded offence; or
aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,
In this section “excluded offence” means—
an offence (whether at common law or under any enactment) specified in Part I of Schedule 1 to this Act; and
an offence under an enactment specified in Part II of that Schedule; and
an offence specified in Part III of that Schedule.
In this section—
references to a sentence of imprisonment include a sentence of detention (other than a sentence of service detention within the meaning of the Armed Forces Act 2006), including a detention and training order and an order under section 211 of the Armed Forces Act 2006;
references to a sentence of imprisonment for life include custody for life and detention at Her Majesty's pleasure;
references to a sentence of imprisonment for public protection are to a sentence under section 225 or 226 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219 or 221 of the Armed Forces Act 2006;
references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;
references to an extended sentence are to a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 or under section 254, 266 or 279 of the Sentencing Code, including a sentence passed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006;
references to prison include youth detention accommodation (within the meaning of section 248 of the Sentencing Code).
No person may be released under this section if—
he is subject to more than one sentence of imprisonment; and
at least one of the terms that he has to serve is for an offence mentioned in subsection (1)(b)(i), (ii), (iii) or (iv) or (1)(c) above.
An order under this section—
may define a class of persons in any way;
may relate to one or more specified prisons, or to prisons of a specified class (however defined), or to prisons generally; and
may make the time at which a person of any specified class is to be released depend on any circumstances whatever.
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).
Where a person who is to be released from prison in pursuance of an order under this section is a person serving a sentence of imprisonment in respect of whom an extended sentence certificate (within the meaning of the Powers of Criminal Courts Act 1973) was issued when the sentence was passed, his release shall be a release on licence under section 60 of the Criminal Justice Act 1967, irrespective of whether at the time of his release he could have been released on licence under that section by virtue of subsection (3) thereof.
Where a person ... is released from prison in pursuance of an order under this section, his sentence shall expire on his release.
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An order under this section shall be made by statutory instrument.
No order under this section shall be made unless—
a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament; or
the expedited procedure conditions are satisfied.
Subsection (6) does not apply—
where the person is within subsection (5), or
where the sentence is a detention and training order or a sentence under section 211 of the Armed Forces Act 2006.
The expedited procedure conditions are satisfied if—
the order does not provide for the release of any persons before one month earlier than they would otherwise be released; and
it is declared in the order that it appears to the Secretary of q State that by reason of urgency it is necessary to make the order without a draft having been so approved.
Every such order (except such an order of which a draft has been so approved)—
shall be laid before Parliament; and
shall cease to have effect at the expiry of a period of 40 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.
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In reckoning for the purposes of subsection (11) above any period of 40 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
An order under this section shall not remain in force after the expiration of 6 months beginning with the date on which it is made, but without prejudice to the power of the Secretary of State to revoke it or to make a further order under this section.
Section 5 of the Imprisonment (Temporary Provisions) Act 1980 (which is superseded by this section) shall cease to have effect.
in section 60 (release of persons serving determinate sentences)—
in subsection (1), for the words " twelve months thereof " there shall be substituted the words " the specified period "; and
the following subsections shall be inserted after that subsection—;
the following subsection shall be inserted after section 100(2)—; and
in section 106(2) (provisions extending to Scotland) the following paragraph shall be inserted after paragraph (e)—.
Subject to subsection (3) below, this section applies where under an Act a person convicted of a summary offence—
is liable to a fine or maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction; or
is liable to imprisonment for a longer term in the case of a second or subsequent conviction; or
is only liable to imprisonment in the case of a second or subsequent conviction.
Where this section applies, a person guilty of such an offence shall be liable on summary conviction— to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.
to a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;
to imprisonment for a term not exceeding the longest or only term,
This section does not apply to offences under—
section 33 to 36 of the Sexual Offences Act 1956 (brothel-keeping and prostitution); or
section 1(2) of the Street Offences Act 1959 (loitering and soliciting for the purpose of prostitution).
This section applies where an Act (however framed or worded) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction—
to a fine or maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction; or
to imprisonment for a longer term in the case of a second or subsequent conviction; or
to imprisonment only in the case of a second or subsequent conviction.
Any such Act shall have effect as if it conferred power by subordinate instrument to make a person liable— to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.
to a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;
to imprisonment for a term not exceeding the longest or only term,
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There shall be a standard scale of fines for summary offences, which shall be known as " the standard scale ".
The scale at the commencement of this section is shown below. Level on the scale Amount of fine 1 £25 2 £50 3 £200 4 £500 5 £1,000
Where any enactment (whether contained in an Act passed before or after this Act) provides— it is to be construed as referring to the standard scale for which this section provides as that standard scale has effect from time to time by virtue either of this section or of an order under section 143 of the Magistrates' Courts Act 1980.
that a person convicted of a summary offence shall be liable on conviction to a fine or a maximum fine by reference to a specified level on the standard scale; or
confers power by subordinate instrument to make a person liable on conviction of a summary offence (whether or not created by the instrument) to a fine or maximum fine by reference to a specified level on the standard scale,
Subject to subsection (5) below and to section 39(1) below, this section applies to any enactment contained in an Act passed before this Act (however framed or worded) which, as regards any summary offence created not later than 29th July 1977 (the date of the passing of the Criminal Law Act 1977), makes a person liable on conviction to a fine or maximum fine which—
is less than £1,000; and
was not altered by section 30 or 31 of the Criminal Law Act 1977; and
has not been altered since 29th July 1977 or has only been altered since that date by section 35 above.
Subject to subsection (7) below, where an enactment to which this section applies provides on conviction of a summary offence for a fine or maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine shall be treated for the purposes of this section as being the fine or maximum fine for the offence.
Where an enactment to which this section applies provides for different fines or maximum fines in relation to different circumstances or persons of different descriptions, they are to be treated separately for the purposes of this section.
An enactment in which section 31(6) and (7) of the Criminal Law Act 1977 (pre-1949 enactments) produced the same fine or maximum fine for different convictions shall be treated for the purposes of this section as if there were omitted from it so much of it as before 29th July 1977 had the effect that a person guilty of an offence under it was liable on summary conviction to a fine or maximum fine less than the highest fine or maximum fine to which he would have been liable if his conviction had satisfied the conditions required for the imposition of the highest fine or maximum fine.
This section shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine or maximum fine for each period of a specified length during which a continuing offence is continued.
The fine or maximum fine for an offence under an enactment to which this section applies shall be increased to the amount at the appropriate level on the standard scale unless it is an enactment in relation to which section 39(2) below provides for some other increase.
Where an enactment to which this section applies provides on conviction of a summary offence for a fine or maximum fine in respect of a specified quantity or a specified number of things but also specifies an alternative fine or maximum fine, subsection (6) above shall have effect to increase— as well as the fine or maximum fine which it has effect to increase by virtue of subsection (2) above.
the alternative fine; and
any amount that the enactment specifies as the maximum which a fine under it may not exceed,
Subject to subsection (9) below, the appropriate level on the standard scale for the purposes of subsection (6) and (7) above is the level on that scale next above the amount of the fine or maximum fine that falls to be increased.
If the amount of the fine or maximum fine that falls to be increased is £400 or more but less than £500, the appropriate level is £1,000.
Where section 35 above applies, the amount of the fine or maximum fine that falls to be increased is to be taken to be the fine or maximum fine to which a person is liable by virtue of that section.
Section 38 above does not apply—
to any enactment specified in Schedule 2 to this Act; or
to the following enactments—
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any enactment specified in the Schedule to the London Transport Act 1977 or in Schedule 1 to the British Railways Act 1977 to the extent that the enactment was amended by section 12(1) of the former Act or section 13(1) of the latter;
any enactment specified in Part I of Schedule 2 to the City of London (Various Powers) Act 1977.
The enactments specified in column 2 of Schedule 3 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3.
The enactments specified in column 2 of Schedule 4 to this Act, which relate to certain maximum fines that may be imposed on a person otherwise than on conviction of an offence, their broad effect being described in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3.
Subject to subsection (4) below, this section applies to any enactment contained in an Act passed before this Act (however framed or worded) which confers a power, created not later than 29th July 1977, by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction to a fine or maximum fine which— if the fine or maximum fine to which a person may be made liable by virtue of the enactment has not been altered since 29th July 1977 or has only been altered since that date by section 36 above.
is less than £1,000; and
was not altered by section 31 of the Criminal Law Act 1977,
Subject to subsection (7) below, where an enactment to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine or maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine shall be treated for the purposes of this section as being the fine or maximum fine to which a person may be made liable by virtue of the enactment.
Where an enactment to which this section applies confers a power to provide for different fines or maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those fines or maximum fines are to be treated separately for the purposes of this section.
This section shall not affect so much of any enactment as (in whatever words) confers power by subordinate instrument to make a person liable on conviction to a fine or maximum fine for each period of a specified length during which a continuing offence is continued.
Subject to subsection (6) below, the fine or maximum fine to which a person may be made liable by virtue of an enactment to which this section applies shall be increased to the amount at the appropriate level on the standard scale.
Subsection (5) above does not apply—
to section 67(3) of the Transport Act 1962 (byelaws for railways and railway shipping services);
to section 25(2) of the London Transport Act 1969 (byelaws for road transport premises);
to the enactments specified in Part II of Schedule 2 to the City of London (Various Powers) Act 1977; or
to the enactments specified in Schedule 2 to the British Railways Act 1977.
Where an enactment to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine or maximum fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine or maximum fine, subsection (5) above shall have effect to increase— as well as the fine or maximum fine which it has effect to increase by virtue of subsection (2) above.
the alternative fine; and
any amount that the enactment specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
Subject to subsection (9) below, the appropriate level on the standard scale for the purposes of subsections (5) and (7) above is the level on that scale next above the amount that falls to be increased.
If the amount that falls to be increased is £400 or more but less than £500, the appropriate level is £1,000.
Where section 36 above applies, the amount that falls to be increased is the fine or maximum fine to which a person may be made liable by virtue of that section.
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The following subsections shall be substituted for section 3(4) of the Plant Health Act 1967 (control of spread of pests in Great Britain)—.
the following subsections shall be substituted for subsection (1) (fines for contravention of byelaws relating to aerodromes of Secretary of State, Civil Aviation Authority, local authorities and other persons)—; and
the following subsection shall be added after subsection (2)—.
Where— a reference to the level in the first column of the standard scale corresponding to that amount shall be substituted for the reference in the enactment to the amount of the fine or maximum fine.
either—
a relevant enactment makes a person liable to a fine or maximum fine on conviction of a summary offence; or
a relevant enactment confers power by subordinate instrument to make a person liable to a fine or maximum fine on conviction of a summary offence (whether or not created by the instrument); and
the amount of the fine or maximum fine for the offence is, whether by virtue of this Part of this Act or not, an amount shown in the second column of the standard scale,
Where a relevant enactment confers a power such as is mentioned in subsection (1)(a)(ii) above, the power shall be construed as a power to make a person liable to a fine or, as the case may be, a maximum fine not exceeding the amount corresponding to the level on the standard scale to which the enactment refers by virtue of subsection (1) above or not exceeding a lesser amount.
If regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the regulations.
In this section “relevant enactment” means—
any enactment contained in an Act passed before this Act . . . ;
an enactment mentioned in Schedule 2 to the Companies Act 1980;
an enactment contained in the Companies Act 1981 ;
any enactment contained in this Act;
any enactment contained in an Act passed on the same day as this Act; and
any enactment contained in an Act passed after this Act but in the same Session as this Act.
This section shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
In sections 35 to 40 and 46 above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
Nothing in any provision contained in sections 35 to 46 above shall affect the punishment for an offence committed before that provision comes into force.
the following subsection shall be substituted for subsection (1)—;
in subsection (2)—
the following paragraph shall be inserted after paragraph (a)—;
the following paragraphs shall be inserted after paragraph (c)—; and
the following paragraphs shall be added after paragraph (e)—;
Article 5 (seizing or exercising control of the tunnel system)
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in subsection (5), for the words “Criminal Law Act 1977" there shall be substituted the words “Criminal Justice Act 1982".
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Where a provision of the Merchant Shipping Acts 1894 to 1979 or the Prevention of Oil Pollution Act 1971— the reference to £1,000 shall be construed as a reference to the statutory maximum.
makes a person guilty of an offence triable either summarily or on indictment liable on summary conviction to a fine not exceeding £1,000 ; or
confers power by subordinate instrument to make a person liable to a fine not exceeding £1,000 on summary conviction of an offence triable either summarily or on indictment,
In section 20 of the Merchant Shipping Act 1979 (prevention of pollution from ships etc.)—
the following paragraphs shall be substituted for paragraph (f) of subsection (3)—
in the words following paragraph (g), " neither paragraph (f) nor paragraph (fa) shall" shall be substituted for " paragraph (f) shall not " ;
the following subsection shall be inserted after subsection (3)—; and
the following subsections shall be added after subsection (6)—.
In section 21 of that Act (safety and health on ships)—
in subsection (6)—
the following paragraphs shall be substituted for paragraph (b)—; and
the following paragraph shall be substituted for paragraph (c)—; and
the following subsections shall be added after that subsection—.
The paragraphs substituted for section 20(3)(f) of the Merchant Shipping Act 1979 by subsection (2) above, together with the words substituted by paragraph (b) of that subsection and the paragraphs substituted for section 21(6)(b) and (c) of that Act by subsection (3) above shall be deemed always to have had effect.
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In section 6 of the Wireless Telegraphy Act 1949—
in subsection (2), for the words from " such", in the second place where it occurs, to " regulations ", in the fourth place where it occurs, there shall be substituted the words " a maximum fine for each offence of an amount not exceeding level 5 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982, or of a lesser amount "; and
the following subsection shall be added after subsection (3)—.
Nothing in this section shall affect the punishment for an offence committed before this section comes into operation.
The following section shall be inserted after section 85 of the Magistrates’ Courts Act 1980—.
In section 86 of that Act (power of magistrates’ court to fix day for appearance of offender at means inquiry etc.)—
the following subsections shall be substituted for subsection (1)—; and
the following paragraph shall be substituted for subsection (4)(a)—.
After section 38A of the Criminal Law Act 1977 there shall be inserted the following section—.
Section 289D of the Criminal Procedure (Scotland) Act 1975 (power of the Secretary of State to alter certain sums) shall be amended as follows—
for subsection (1), substitute the following subsections—;
in subsection (2), leave out the words “or (3A)";
in subsection (3), for the words “Criminal Law Act 1977" substitute “ Criminal Justice Act 1982";
subsection (3A) is repealed.
After section 289D of the Criminal Procedure (Scotland) Act 1975 there shall be inserted the following new sections—.
In Part III of the Criminal Procedure (Scotland) Act 1975, before section 458 there shall be inserted the following new section—.
For section 289B of the said Act of 1975 there shall be substituted the following section—.
Section 289C of the said Act of 1975 (increase of fines for certain summary offences) shall be amended as follows—
for subsection (4) there shall be substituted the following subsection—;
for subsection (7) there shall be substituted the following subsections—.
In section 289D of the said Act of 1975 (power to alter sums specified in certain provisions), after the word “the" at the beginning of each of paragraphs (a) and (b) of subsection (3) there shall be inserted the words “fine or".
Subsections (2) to (4) above do not apply in relation to any offence committed before they come into force.
It is hereby declared that Schedules 7A to 7C to the Criminal Procedure (Scotland) Act 1975 have effect notwithstanding the repeal by Schedule 8 to the Criminal Justice (Scotland) Act 1980 of paragraphs 11 to 13 of Schedule 11 to the Criminal Law Act 1977 and have had effect at all times since the coming into force of the said Schedule 8.
After Schedule 7C to the Criminal Procedure (Scotland) Act 1975 there shall be inserted the Schedule set out in Schedule 6 to this Act, which shall form Schedule 7D to the said Act of 1975.
The enactments specified in column 1 of Schedule 7 to this Act are amended so as to substitute for references to certain sums references to levels on the standard scale corresponding to amounts equal to, or greater than, those sums; and in that Schedule—
column 1 specifies the enactments to be amended;
column 2 specifies the amendments;
column 3 shows the sums presently referred to in the said enactments; and
column 4 shows the new sums (corresponding to the appropriate levels on the standard scale as they are fixed at the date of commencement of this section.
The amendments provided for in Schedule 7 to this Act, other than paragraph 4 thereof, do not affect the penalty which may be imposed in respect of an act or omission occurring before that Schedule comes into force.
The amendment provided for in paragraph 4 of Schedule 7 to this Act shall not apply in relation to proceedings commenced before the coming into force of that provision; and for the purpose of this subsection, proceedings shall be taken to have been commenced on the day on which the petition or complaint is served on the accused.
The following shall be inserted after section 5 of the Prison Act 1952—.
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The Magistrates’ Courts Act 1980 shall have effect subject to the amendments specified in Schedule 9 to this Act, being amendments to modify the requirement that a person may not be remanded in custody without being brought before the court.
Nothing in this section shall affect the operation of section 2 of the Imprisonment (Temporary Provisions)Act 1980.
In section 81 of the Senior Courts Act 1981 —
in subsection (1) (which lists cases in which the Crown Court may grant bail) at the end of paragraph (f) there shall be addedor ;
the following subsections shall be inserted after that subsection—.
In subsection (6)(a) of section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail) after the word “Court", in the first place where it occurs, there shall be inserted the words “or if it issues a certificate under subsection (6A) below".
The following subsections shall be inserted after that subsection—.
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In section 6(2)(a) of the Magistrates’ Courts Act 1980 for the words “is not represented by counsel or a solicitor" there shall be substituted the words “has no solicitor acting for him in the case (whether present in court or not)".
in subsection (1), for the words from " to have" to " sentence " there shall be substituted the words " or any other court to which it falls to deal with him to have regard, in dealing with him ";
the words ", subject to subsection (8A) below," shall be inserted after the word " and " in subsection (2);
the words " deal with " shall be substituted—
for the words " pass sentence on " in subsection (4);
for the words " pass sentence on " in subsection (4A); and
for the word " sentence " in the second place where it occurs! in subsection (5); and
the following subsections shall be substituted for subsection (8)—.
Schedule 3 to the Immigration Act 1971 shall be amended in accordance with Schedule 10 to this Act.
The designations " probation and after-care area ", " probation and after-care committee" and " probation and after-care service " are hereby changed to " probation area ", " probation committee " and " probation service " respectively and the new designations shall be substituted for the former designations in every enactment relating to any such area or committee or that service.
The amendments specified in Schedule 11 to this Act, being amendments relating to probation and after-care and the duties and powers of probation committees, shall have effect.
The following subsection shall be inserted after subsection (1) of section 50 of the Criminal Appeal Act 1968 (meaning of “sentence")—.
The following subsection shall be inserted after subsection (1) of section 108 of the Magistrates’ Courts Act 1980 (right of appeal to the Crown Court)—.
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the following subsection shall be inserted after subsection (1) of section 11 (substitution of conditional discharge for probation)—; and
in Schedule 1 (discharge and amendment of probation orders)—
No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.
No order may be made under sub-paragraph (1) above while an appeal against the probation order is pending.
in paragraph 4, for the word " Where " there shall be substituted the words " Subject to paragraph 4A below, where "; and
the following paragraph shall be inserted after that paragraph—.
the following subsections shall be substituted for subsection (1)—; and
the following subsection shall be inserted after subsection (4)—.
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to the powers of courts in England and Wales in relation to community service orders ; and
to arrangements for persons in England and Wales to perform work under such orders.
Schedule 13 to this Act shall have effect for the purpose of the enforcement in one part of the United Kingdom of community service orders made in another part.
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the following subsections shall be substituted for subsections (2) to (4)—; and
the following subsections shall be substituted for subsections (7) and (8)—.
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for section 71B(2) of the Army Act 1955 and the Air Force Act 1955 ; and
for section 43B(2) of the Naval Discipline Act 1957 ;—.
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Where a person is convicted— the court shall not have power to sentence him to imprisonment but shall have the same power to fine him as if this section had not been enacted.
under section 3 or 4 of the Vagrancy Act 1824, of wandering abroad, or placing himself in any public place, street, highway, court, or passage, to beg or gather alms ; or
under section 4 of that Act.—
of wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, and not giving a good account of himself; or
of wandering abroad, and endeavouring by the exposure of wounds and deformities to obtain or gather alms,
If a person deemed a rogue and vagabond by virtue of section 4 of the Vagrancy Act 1824 is thereafter guilty of an offence mentioned in subsection (1) above, he shall be convicted of that offence under section 4 of that Act and accordingly— by reason only of that conviction.
shall not be deemed an incorrigible rogue; and
shall not be committed to the Crown Court,
This section applies to offences committed before as well as after it comes into effect.
The following subsection shall be substituted for section 1(2) of the Street Offences Act 1959—.
The subsection substituted by subsection (1) above for section 1(2) of the Street Offences Act 1959 shall have effect in relation to offences committed before as well as after this section comes into force.
Subject to subsections (2) and (3) below, in any criminal proceedings the accused shall not be entitled to make a statement without being sworn, and accordingly, if he gives evidence, he shall do so (subject to sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999) on oath and be liable to cross-examination; but this section shall not affect the right of the accused, if not represented by counsel or a solicitor, to address the court or jury otherwise than on oath on any matter on which, if he were so represented, counsel or a solicitor could address the court or jury on his behalf.
Nothing in subsection (1) above shall prevent the accused making a statement without being sworn—
if it is one which he is required by law to make personally; or
if he makes it by way of mitigation before the court passes sentence upon him.
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to a trial; or
to proceedings before a magistrates' court acting as examining justices,
After section 148 of the Criminal Procedure (Scotland) Act 1975 there shall be inserted the following new section—.
After section 349 of the said Act of 1975 there shall be inserted the following new section—.
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In any enactment (whether contained in an Act passed before or after this Act) " statutory maximum ", in relation to a fine on summary conviction for an offence in England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (£1,000 or another sum fixed by order under section 143 of that Act to take account of changes in the value of money).
In any provision of this Act or of any enactment passed or made after the passing of this Act (including any provision inserted in an earlier enactment by such a provision) " statutory maximum " , in relation to a fine on summary conviction in Scotland of an offence triable either summarily or on indictment, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (£1,000 or another sum fixed by order under section 289D(1) of that Act to take account of changes in the value of money).
In any enactment (whether contained in an Act passed before or after this Act) " the standard scale "—
in relation to England and Wales, has the meaning given by section 37 of this Act;
in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act 1975.
There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
The enactments specified in Schedules 14 and 15 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).
The enactments specified in Schedule 16 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.
The transitional provisions in Schedule 17 to this Act shall have effect.
The following provisions of this Act shall come into force on the day this Act is passed, namely— section 32; section 33; section 57; . . . . . . section 76; section 77, so far as it relates to paragraph 20 of Schedule 14; section 78, so far as it relates to the Imprisonment (Temporary Provisions) Act 1980; section 79, so far as it relates to paragraph 15 of schedule 17; this section; and section 81.
Subject to subsection (1) above, this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
This Act may be cited as the Criminal Justice Act 1982.
Subject to the following provisions of this section, this Act extends to England and Wales only.
The following provisions of this Act extend to England and Wales and Scotland— section 33; section 41; section 42; ... ...
The following provisions of this Act extend to Scotland only— Part IV (including Schedules 6 and 7); section 57(2); section 73; section 74(2).
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland— ... section 47(2); section 49; ... section 64 (including Schedule 10); section 68(2) (including Schedule 13); section 75; section 76; section 80; this section.
Section 74(3) above extends to Northern Ireland only
Section 52 above extends to England and Wales and Northern Ireland.
Sections 77 and 78 above extend to any part of the United Kingdom in so far as they amend or repeal any enactment which extends to that Part, except that—
section 78, so far as it relates to the Animal Health Act 1981, extends to England and Wales only; and
the following provisions— extend to Scotland only.
section 77, so far as it relates to paragraph 2 of Schedule 15; and
section 78, so far as it relates to the Electric Lighting (Clauses) Act 1899,
Section 79 above extends to Scotland only, so far as it relates to paragraph 18 of Schedule 17.
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the Army Act 1955 ;
the Air Force Act 1955 ;
the Naval Discipline Act 1957 ; or
the Armed Forces Act 1976,
Her Majesty may by Order in Council direct that all or any of the enactments specified in subsection (12) below shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.
The enactments mentioned in subsection (11) above are—
section 32(1) of the Criminal Law Act 1977;
sections 32 and 143 of the Magistrates’ Courts Act 1980, and
in this Act—
sections 35 to 38;
section 39 (including Schedules 2 and 3);
section 40;
sections 46 and 47;
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section 64 (including Schedule 10);
section 74(1); and
section 75.
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so far as it relates to section 20 of the Merchant Shipping Act 1979, to any of the Channel Islands, the Isle of Man or any colony and any country or place outside Her Majesty's dominions in which Her Majesty has jurisdiction in right of the Government of the United Kingdom; and
so far as it relates to section 21 of that Act, to any country such as is mentioned in section 15 of the said Act of 1979.
Section 77 above extends to the Isle of Man and the Channel Islands, so far as it relates to paragraphs 11 to 16 of Schedule 14.
Section 78 above extends to the Isle of Man and the Channel Islands, so far as it relates to section 32(2)(a), (c) and (e) of the Criminal Justice Act 1961.
Section 32.
1. Manslaughter. 2. ... 3. Kidnapping. 4. Assault (of any description). 5. ... 6. ...
Manslaughter.
Rape.
Kidnapping.
Assault (of any description).
Riot.
Affray.
Sections 35, 47 and 48 (criminal damage).
Articles 6, 7 and 8 (other offences relating to Channel Tunnel trains or the tunnel system).
Section 16 (making threats to kill).
26. Section 24 (assisting another to retain the benefit of drug trafficking).
Section 18 (wounding with, intent to do grievous bodily harm or to resist apprehension).
Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Section 20 (wounding or inflicting grievous bodily harm).
Section 329 (acquisition, use and possession of criminal property).
Section 21 (garotting).
Section 23 (endangering life or causing harm by administering poison).
Paragraph 1 of Schedule 4 (hijacking of spacecraft).
Section 28 (burning, maiming, etc. by explosion).
Section 29 (causing explosions or casting corrosive fluids with intent to do grievous bodily harm).
Section 2 (causing explosion likely to endanger life or property).
Section 1 (child destruction).
Section 1(1) (infanticide).
Section 12 (buggery with a male under the age of 16).
Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section.
Section 12 (buggery with a male over 16 without consent).
Section 17 (abduction of female by force).
Section 17(1) (use of firearms and imitation firearms to resist arrest).
Section 8 (robbery).
Section 10 (aggravated burglary).
Section 5 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
Section 4 (production or supply of a controlled drug).
Section 5(3) (possession of a controlled drug with intent to supply it to another).
Section 20 (assisting in, or inducing the commission outside the United Kingdom of, an offence relating to drugs punishable under a corresponding law, as defined in section 36(1)).
Section 1(2)(b) (criminal damage, including arson, endangering life).
Section 1 (causing death by reckless driving).
Section 85(2) (shooting at naval or revenue vessels).
Section 1 (hijacking).
Sections 2, 3 and 6 (other offences relating to aircraft).
Offences under sections 50(2) and (3), 68(2) and 170 of the Customs and Excise Management Act 1979 in connection with a prohibition or restriction on importation or exportation of a controlled drug which has effect by virtue of section 3 of the Misuse of Drugs Act 1971.
Section 39. Enactment creating offence 1 Penalty enactment 2 Present maximum fine 3 Transport (London) Act 1969 (c. 35)Offences under section 23(5) (providing a bus service without the agreement of the London Transport Executive). Section 23(5) £200 . . . . . . . . . Patents Act 1977 (c. 37)Offences under section 110(1) (unauthorised claim of patent rights). Section 110(1) £200 Offences under section 111(1) (unauthorised claim that patent has been applied for). Section 111(1) £200 Offences under section 112 (misuse of title “Patent Office"). Section 112 £500 West Midlands County Council Act 1977 (c. xiv)Offences under section 6(2) (contravention of byelaws as to operation of aircraft at airports). Section 6(2) £500 City of London (Various Powers) Act 1977 (c. xv)Offences under section 7(6) (contravention of notice prohibiting access to forest). Section 7(6) £50 Offences under section 24(6) (contravention of order under section 24) Section 24(6) £200 Kensington and Chelsea Corporation Act 1977 (c xix)Offences under section 5(2) (causing refuse to be deposited). Section 5(3) North West Water Authority Act 1977 (c. xx)Offences under section 6(2) (failure to comply with notice and furnishing false information). Section 6(2) £200 Public Passenger Vehicles Act 1981 (c. 14)Offences under section 26(2) (contravention of regulations relating to passengers). Section 26(2) £50 Offences under section 67 (contravention of regulations generally). Section 67 £50
Section 39. Enactment creating offence 1 Penalty enactment 2 Present maximum fine 3 New maximum fine 4 Highway Act 1835 (c. 50) Offences under section 72 (riding etc. on footpaths). Section 72 £10 £50 Town Police Clauses Act 1847 (c. 89) Offences under section 21 and 28 (obstruction etc.). Sections 21, 28 £20 £200 Offences under section 45 (plying for hire without a licence). Section 45 £20 £500 Offences under section 53 (driver refusing compellable hiring). Section 53 £10 £50 Offences under section 55 (exacting more than the legal fare). Section 55 £25 £200 Offences under section 58 (demanding as a fare more than the prescribed amount). Section 58 £10 £200 London Hackney Carriage Act 1853 (c. 33) Offences under section 17 (demanding or taking more than the legal fare etc.). Section 17 £10 £200 Metropolitan Public Carriage Act 1869 (c. 115) Offences under section 7 (use of unlicensed carriage). Section 7 £20 £500 Military Lands Act 1892 (c. 43) Offences under section 17(2) (offences against byelaws). Section 17(2) £20 £50 Protection of Animals Act 1911 (c. 27) Offences under section 8 (selling poisoned grain or placing on any land any matter rendered poisonous). Section 8 £25 £500 Children and Young Persons Act 1933 (c. 12) Offences under section 39(2) (newspaper reports identifying juveniles in court proceedings). Section 39(2) £500 £1,000 Offences under section 49(2) (newspaper reports identifying juveniles in youth courts). Section 49(2) £500 £1,000 Public Health Act 1936 (c. 49) Offences under section 143(5) (offences against regulations concerning prevention, etc. of infectious diseases). Section 143(5) £100 £1,000 ... ... ... ... Fire Services Act 1947 (c. 41) Offences under section 14(5) (improper use of fire hydrant). Section 14(5) £25 £50 Offences under section 30(2) (obstructing a member of a fire brigade). Section 30(2) £50 £200 Radioactive Substances Act 1948 (c. 37) Offences under section 7(4) (obstruction of inspectors) Section 8(1) £100 £500 Other summary offences under Act Section 8(3) £100 £500 ... ... ... ... ... ... ... ... ... ... ... ... ... Plant Varieties and Seeds Act 1964 (c. 14) Offences under section 25(9) (obstructing an authorised person). Section 25(9) £20 £200 Offences under section 27(1) (tampering with samples). Section 27(1) £100 £1,000 Agriculture and Horticulture Act 1964 (c. 28) Offences under section 15(1) (obstruction) Section 20(1) £20 £200 Offences under Part III (other than section 15(1)) (offences relating to grading of produce). Section 20(2) £100 £1,000 ... ... ... ... Industrial and Provident Societies Act 1965 (c. 12) Offences under section 61 (general offences) Section 61 £10 £200 Forestry Act 1967 (c. 10) Offences under section 24(4) (failing to comply with felling licence). Section 24(4) £50 £1,000 Offences under section 46(5) (offences against byelaws). Section 46(5) £20 £50 Offences under section 48(3) (obstruction of Forestry Commission officers). Section 48(3) £20 £200 ... ... ... ... Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Offences under section 6(7) (obstructing an officer duly authorised to carry out welfare inspections). Section 7(2) £20 £200 Transport Act 1968 (c. 73) Offences under section 97(1) (tachograph offences). Section 97(1) £200 £500 Offences under section 97A(1) (tachograph offences relating to record sheets and notices). Section 97A(1) £200 £500 Offences under section 97A(2) (employers’ failure to secure return of record sheet). Section 97A(2) £200 £500 ... ... ... ... Road Traffic (Foreign Vehicles) Act 1972 (c. 27) Offences under section 3(1) (disobeying a prohibition on a goods vehicle). Section 3(1) £200 £1,000 Rent (Agriculture) Act 1976 (c. 80) Offences under section 25(3) (failure to comply with notice). Section 25(3) £5 £500 Rent Act 1977 (c. 42) Offences under section 151(4) (failure of agent to comply with notice requiring information about landlord). Section 151(4) £25 £500 Protection from Eviction Act 1977 (c. 43) Offences under section 7 (failure to comply with notice). Section 7 £25 £500 ... ... ... ...
Section 39. Description of conduct Enactment Present maximum fine New maximum fine . . . . . . . . . . . . Failure to comply with attachment of earnings order etc. Attachment of Earnings Act 1971 section 23(3) £25 £50 Failure to comply with probation order Powers of Criminal Courts Act 1973 section 6(3)(a) and (6)(a) £50 £200 Failure to comply with community service order Section 16(3) and (5) £50 £200 Failure to comply with suspended sentence supervision order. Section 27(3) £50 £200
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Section 58.
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in subsection (1), for " 17 " there shall be substituted " 21 ";
the following subsections shall be inserted after that subsection—;
subsection (2) shall be omitted ; and
in subsection (5)—
after the word " of ", in the first place where it occurs, there shall be inserted the words " custody for life or "; and
after the word " detention", in the second place where it occurs, there shall be inserted the words " and to a sentence of custody for life ".
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in subsection (1)—
for the words " instead of so punishing him " there shall be substituted the words " subject to subsection (1A) below "; and
for the words from " maximum " to the end there shall be substituted the words " period to be specified in the order not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years. ";
the following subsections shall be inserted after that subsection—;
in subsection (6)(a) the following paragraphs shall be substituted for paragraphs (i) and (ii)—;
the following subsection shall be inserted after that subsection—.
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the words "or make an order committing a person to be detained under section 71AA of this Act for a period exceeding two years " shall be inserted at the end of subsection (2); and
the words "or detention under section 71AA of this Act for a period of two years " shall be inserted at the end of subsection (3).
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in sub-paragraph (1)—
for the words " instead of so punishing him " there shall be substituted the words " subject to subsection (1A) below "; and
for the words from "for" to the end there shall be substituted the words—;
the following sub-paragraphs shall be inserted after that sub-paragraph—;
the following sub-paragraphs shall be inserted after subparagraph (3)—;
in sub-paragraph (6)(a) the following paragraphs shall be substituted for paragraphs (i) and (ii)—;
the following sub-paragraph shall be inserted after that subparagraph—.
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in the Table, in paragraph 3, in the second column, for the word " imprisonment" there shall be substituted the words " custody for life "; and
in paragraph (i) of the Note following that Table for the word " imprisonment" there shall be substituted the words " custody for life ".
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Section 59.
The words “or would be required to be brought before the court but for section 128(3A) below” shall be added at the end—
of subsection (2) of section 5 (adjournment of inquiry into offence);
of subsection (4) of section 10 (adjournment of trial); and
of subsection (4) of section 18 (initial procedure on information against adult for offence triable either way).
In paragraph (a) of subsection (1) of section 128 (remand in custody or on bail) after the word “court", in the first place where it occurs, there shall be inserted the words “, subject to subsection (3A) below,".
The following subsections shall be inserted after the said subsection (1)—.
The following subsections shall be inserted after subsection (3) of that section—.
The following subsection shall be inserted after subsection (4) of section 130 (transfer of remand hearings)—.
subsection (2) above shall have effect as if for the words " the accused to be brought before" there were substituted the words " an application for a further remand to be made to "; and
subsection (4) above shall have effect as if for the words " him to be brought before " there were substituted the words "an application for a further remand to be made to ".
Section 131(3) (by virtue of which so long as an accused person is detained under a custodial sentence an application for a further remand in custody may be made and determined without his appearance in court, provided that he is represented by counsel or a solicitor who signifies consent to the application being so heard) shall cease to have effect.
In paragraph 3 of Schedule 5 (transfer of remand hearings) for the words from “the court" onwards there shall be substituted the words “the terms of the order or remand to the court before which the accused is to be brought for the hearing on any application for a subsequent remand or, as the case may be, before which any such application is to be made without his being brought before it".
Section 64.
In paragraph 2—
in sub-paragraph (1), after the word “directs", in the first place where it occurs, there shall be inserted the words “or a direction is given under sub-paragraph (1A) below,";
the following sub-paragraph shall be inserted after that sub-paragraph—; and
the following sub-paragraphs shall be substituted for sub-paragraph (5)—.
The following shall be added after paragraph 3—.
In the Powers of Criminal Courts Act 1973— shall cease to have effect.
section 4 (day training centres);
so much of section 49 as enables rules made by the Secretary of State to provide that no person shall be appointed to be in charge of an approved bail hostel or an approved probation hostel unless the Secretary of State has consented to his appointment and as permits the appointment of a person to be in charge of any such hostel in case of emergency without such consent; and
section 50 (inspection of non-approved institutions for the residence of probationers and persons on bail),
In section 2(3) of that Act (probation orders) for the words “and 4" there shall be substituted the words “, 4A and 4B".
The following sections shall be inserted after section 4 of that Act—.
In section 47(a) of that Act (the probation service and its functions) for the word “case" there shall be substituted the words “probation liaison".
In Schedule 1 to that Act (discharge and amendment of probation orders)—
in sub-paragraph (2) of paragraph 1 (by virtue of which the power to discharge a probation order is to be exercised by the supervising court where the order was made by the court by or before which the probationer was convicted, or on appeal) after the word “appeal" there shall be inserted the words “or by the Crown Court, where a magistrates’ court has committed an offender to it for sentence, or by a magistrates’ court to which the offender has been remitted for sentence under section 39 of the Magistrates’ Courts Act 1980,";
in sub-paragraph (3) of that paragraph (which enables the Crown Court to reserve to itself the power to discharge a probation order) after the words “Crown Court", in the first place where they occur, there shall be inserted the words “or where the Crown Court made the order following the offender’s committal to it for sentence by a magistrates’ court"; and
in sub-paragraph (1) of paragraph 3 (which relates to the cancellation etc. of requirements) for the words “or 4" there shall be substituted the words “, 4A or 4B".
In Schedule 3 to that Act (duties and powers of probation committees)—
in sub-paragraph (1)(a) (under which it is the duty of every such committee to appoint sufficient probation officers for their probation area and to ensure that at least one probation officer who is a man and one probation officer who is a woman is appointed for or assigned to each petty sessions area) the words from “and to ensure" to “petty sessions area" shall cease to have effect;
in sub-paragraph (2) (powers of probation committee to give financial and other assistance to persons under the supervision of probation officers appointed for their area) for the words “under the supervision of probation officers appointed for their area" there shall be substituted the words “in relation to whom probation officers appointed for their area have responsibilities";
the following sub-paragraph shall be inserted after that sub-paragraph—;
in sub-paragraph (3) (by virtue of which a committee may delegate functions to a sub-committee, but only with the approval of the Secretary of State) the words “with the approval of the Secretary of State" shall cease to have effect; and
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the following paragraphs shall be substituted for paragraphs 4 and 5 (case committees)—;
in paragraphs 6 and 7 (which relate to the co-option of members of probation committees and case committees) a reference to a probation liaison committee shall be substituted for every reference to a case committee;
in paragraph 10 (functions of probation committees in relation to community service orders)—
in sub-paragraph (1) (under which a probation committee may, with the approval of the Secretary of State, secure that arrangements for persons to perform work under community service orders are made for their area or for any petty sessions area comprised in it) for the words “may, with the approval of the Secretary of State," there shall be substituted the word “shall" and for the word “any" there shall be substituted the word “each"; and
sub-paragraph (2) (appointment of community service committees) shall cease to have effect;
in sub-paragraphs (1) and (3) of paragraph 13 (travelling and subsistence allowances) and sub-paragraph (1)(a) of paragraph 18 (rules) references to a probation liaison committee shall be substituted for the references to a case committee;
in paragraphs 18(1)(b) and 18A (both of which relate to the qualifications etc. of probation officers and their ancillary staff) the words “and staff appointed under paragraph 10 above" shall cease to have effect.
Section 68.
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in subsection (1)—
for the word " seventeen " there shall be substituted the word " sixteen "; and
the words from " for such " to " in the order " shall cease to have effect;
the following subsection shall be inserted after that subsection—;
the following subsections shall be substituted for subsection (2)—; and
in subsection (3), for the words " in subsection (1) above " there shall be substituted the words " specified in paragraph (b)(i) or (ii) of subsection (1A) above. "; and
in subsection (7), for the words from "subsection (1)" to " this subsection" there shall be substituted the words " subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b)(i) or (ii) of that subsection ".
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the following subsections shall be inserted after subsection (4)—; and
the following subsections shall be substituted for subsection (5)—.
Section 68.
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In sections 183(5A) and 384(5A) of the Criminal Procedure (Scotland) Act 1975 (requirement that probationer shall perform unpaid work), in paragraph (c)(i), for the words “and 6" there shall be substituted the words “, 6 and 6A".
In section 6 of the Community Service by Offenders (Scotland) Act 1978 (community service orders relating to persons residing in England or Wales)—
in subsections (1) and (2) for the word “17" there shall be substituted the word “16";
in subsection (1)—
in section 1(2)(b) as substituted by paragraph (a) of that subsection, at the beginning there shall be inserted the words “where the offender is under the age of 17 years," and after the word “persons" there shall be inserted the words “of the offender’s age";
in section 1(2)(d) as so substituted, for the words from “under the arrangements" to the end of paragraph (d) there shall be substituted the words “for the offender to perform work under the order made under subsection (1) above under the arrangements which exist in the petty sessions area in which he resides or will be residing for persons to perform work under community service orders made under section 14 of the Powers of Criminal Courts Act 1973;";
at the end of paragraph (a) there shall be inserted the words “and as if for the words “such an order" in paragraph (c) of the said subsection (2) there were substituted the words “a community service order";";
in paragraph (b), for the words “section 1(2)(b)" there shall be substituted the words “section 1(2)(d)";
in subsection (2)—
at the beginning of paragraph (b) there shall be inserted the words “where the offender is under the age of 17 years,";
after the word “persons" in paragraph (b) there shall be inserted the words “of the offender’s age";
in paragraph (c), for the words from “under those arrangements" to “section 1(1)" there shall be substituted the words “for the offender to perform work under the order made under the said section 1(1) under the arrangements which exist in the petty sessions area in which he proposes to reside or is residing for persons to perform work under community service orders made under section 14 of the Powers of Criminal Courts Act 1973";
for the words “paragraph (b)" there shall be substituted the words “paragraph (c)";
after subsection (2) there shall be inserted the following subsection—.
After section 6 of that Act there shall be inserted the following sections—
In section 15 of that Act for subsection (5) there shall be substituted the following subsection—.
Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in England or Wales, Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)— Where a community service order has been made by a court in Northern Ireland and— it may amend the order by specifying that the unpaid work required to be performed by the order be so performed. An adult community service order made or amended in accordance with this paragraph shall— A youth community service order made or amended in accordance with this paragraph shall— The person appointed under sub-paragraph (4)(b) must be—
Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Scotland, Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)— Where a community service order has been made by a court in Northern Ireland and— it may amend the order by specifying that the unpaid work required to be performed by the order be so performed. A community service order made or amended in accordance with this paragraph shall— In this paragraph “community payback order” means a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995.
Where a community service order is made or amended in the circumstances specified in paragraph 7 or 8 above, the court which makes or amends the order shall send three copies of the order as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court. In this paragraph— Subject to the following provisions of this paragraph— Before making or amending a community service order in the circumstances specified in paragraph 7 or 8 above the court shall explain to the offender in ordinary language— and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under Article 13(7) of the Criminal Justice (Northern Ireland) Order 1996. The home court may exercise in relation to the community service order any power which it could exercise in relation to a community order or youth rehabilitation order (in England and Wales) or a community payback order (in Scotland) ... made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in the part of the United Kingdom in which it has jurisdiction except— If at any time whilst legislation relating to community orders or youth rehabilitation orders (in England and Wales) or community payback orders (in Scotland) ... which has effect in one part of the United Kingdom applies by virtue of sub-paragraph (3) above to a community service order made in another part— the home court may require the offender to appear before the court by which the order was made. Where an offender is required to appear before a court by virtue of sub-paragraph (6) above, that court— and any enactment relating to the exercise of such powers shall have effect accordingly. In this paragraph “community payback order” means a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995.
In paragraphs 7 and 9 above—
“community order” means an order made under Chapter 2 of Part 9 of the Sentencing Code;
“youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
“youth rehabilitation order” means an order made under Chapter 1 of Part 9 of the Sentencing Code.
Section 77.
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in sections 3 and 4, before the words " it shall be lawful" ; and
in section 5—
before the words " be deemed an incorrigible rogue " ; and
before the words " it shall be lawful ".
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For section 283(5) of the Customs and Excise Act 1952 there shall be substituted the following subsection—.
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In section 22(2)(b) of that Act (removal of prisoners for medical etc. purposes)—
after the word “requires" there shall be inserted the words “medical investigation or observation or"; and
after the words “of the" there shall be inserted the words “investigation, observation or".
In section 37(4) of that Act (closing of prisons) for the words “Borstal institution" there shall be substituted the words “youth custody centre".
In section 47 of that Act (rules for the management of prisons and other institutions)—
in subsection (1), for the words “Borstal institutions" there shall be substituted the words “youth custody centres"; and
in subsection (5), for the words “Borstal institution" there shall be substituted the words “remand centre, youth custody centre".
In section 49 of that Act (persons unlawfully at large)—
in subsection (1) for the words “or Borstal training" there shall be substituted the words “custody for life or youth custody", and after the word “centre” where first occurring there shall be inserted the words “or a young offenders institution";
in subsection (2)—
for the words “Borstal training" there shall be substituted the words “youth custody"; and
for the words “prison, Borstal institution or detention centre, as the case may be" there shall be substituted the words “place in which he is required in accordance with law to be detained"; and
in paragraph (a) of the proviso to that subsection, for the words following “prison" there shall be substituted the words “, youth custody centre, remand centre or detention centre;".
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In section 23 of the Criminal Justice Act 1961 (by virtue of which, among other things, a prisoner who is serving a term of more than one month and would otherwise be discharged on a Saturday is instead discharged on Friday)—
in subsection (3), for the words “one month" there shall be substituted the words “five days"; and
in subsection (4), for the words “borstal institutions" there shall be substituted the words “youth custody centres".
The following subsections shall be substituted for subsections (4) to (7) of section 26 of that Act (transfer to serve sentence)—.
The words “youth custody centre” shall be substituted for the words “Borstal institution” in section 29(1) (removal of prisoners etc. for judicial purpose) and section 30(3) (prisoners unlawfully at large) of that Act.
In subsection (2) of section 32 of that Act (supervision and recall)—
in paragraph (i) for the word “section" there shall be substituted the words “sections 206,";
at the end there shall be added the following paragraphs—.
The words “or of any authorised officer” shall be added at the end of section 33 of that Act (orders relating to transfers of prisoners and others to be under hand of the Secretary of State or of an Under-Secretary or Assistant Under-Secretary of State).
In section 38 of that Act (construction of references to imprisonment, detention, etc.)—
in paragraph (a) of subsection (3)—
after the word “imprisonment", in the second place where it occurs, there shall be inserted the words “custody for life, youth custody,"; and
for the words “or detention in a detention centre or young offenders institution" there shall be substituted the words “detention in a detention centre or young offenders institution or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man";
the following subsection shall be inserted after subsection (5)—.
In section 39 of that Act (interpretation)—
in subsection (1), the following definition shall be substituted for the defintion of “appropriate institution”—; and
the following subsections shall be inserted after that subsection—.
In section 42(1) of that Act (application to Scotland), and in section 42(2) (application to Northern Ireland), after the word “thirty-five;" there shall be inserted the words “section thirty-six;".
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in subsection (1), after the word " life ", there shall be inserted the words " or serving a sentence of youth custody. ";
the following subsection shall be inserted after subsection (1B); and
in subsection (5A), for the words " any of the preceding paragraphs " there shall be substituted the words " paragraph (a) above ".
In section 61(1) of that Act (release on licence of persons sentenced to imprisonment for life, etc.) after the word " life ", in the first and second places where it occurs, there shall be inserted the words " or custody for life ".
In section 62 of that Act (revocation of licences and conviction of prisoners on licence)—
in subsection (7), after the word " sentence)," there shall be inserted the words " then, except in a case to which subsection (7A) of this section applies, ";
the following subsection shall be inserted after that subsection—; and
in subsection (11)—
after the word " sentenced " there shall be inserted the words " to youth custody or "; and
for the words " the Secretary of State directs that person to be detained" there shall be substituted the words " that person was detained immediately before he was released on licence ".
In section 64(2)(a) of that Act (which relates to the power conferred on the Secretary of State by section 60 of that Act to insert or include conditions in the licence of any person released under that section after being transferred to either part of Great Britain from another part of the United Kingdom, the Channel Islands or the Isle of Man) for the words from " of this " to " section " there shall be substituted the words " or 61 of this Act to insert or include conditions in the licence of any person released under those sections. ".
The following subsections shall be inserted after subsection (2) of section 67 of that Act (computation of sentence of imprisonment)—.
In section 10 of the Criminal Appeal Act 1968 (appeal against sentence passed by Crown Court for an offence not tried on indictment)—
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in subsection (3)(a), after the word “imprisonment" there shall be inserted the words “or to youth custody under section 6 of the Criminal Justice Act 1982"; and
the following subsection shall be inserted after subsection (4)—
In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime)—
in subsection (1)—
after the word “sentenced", in the first place where it occurs, there shall be inserted the words “to custody for life or"; and
after the word “more" there shall be inserted the words “or to youth custody for such a term"; and
in subsection (2), after the word “years", in the second place where it occurs, there shall be inserted the words “or to youth custody for such a term".
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In section 16(10) of that Act (which includes a definition of an “attendance centre order")—
for the words “19 of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982"; and
for the word “(5)" there shall be substituted the word “(13)".
In section 23(4) of that Act (remand to care of local authorities etc.) for the words “borstal sentence" there shall be substituted the words “youth custody sentence".
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In section 40(2)(a) of the Fire Precautions Act 1971 (which provides that no fire certificate is required in respect of prisons and similar institutions) for the words “Borstal institution" there shall be substituted the words “youth custody centre".
In subsection (3)(c) of section 6 of the Powers of Criminal Courts Act 1973 (breach of requirements of probation order) for the words “19 of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982".
In section 13 of that Act (under which a conviction of an offence for which a probation order or an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes)—
in subsection (1), after the word “below," there shall be inserted the words “and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980,"; and
in subsection (4)(a), for the words “appeal against his conviction or rely on it" there shall be substituted the words “rely on his conviction".
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The following subsection shall be inserted as subsection (2) of section 42 of that Act—.
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in Part I, in the entry beginning "governors, chaplains,", for the words " borstal institution " there shall be substituted the words " youth custody centre "; and
in Part II—
in sub-paragraph (a) for the words " or for a term of five years or more" there shall be substituted the words " .custody for life or to a term of imprisonment or youth custody of five years or more "; and
in paragraph (i) after the word "imprisonment" there shall be inserted the words " , youth custody ".
In section 5(1) of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation)—
in paragraph (b) after word “imprisonment" there shall be inserted the words “youth custody"; and
after paragraph (d) there shall be the following wordsand .
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in Table A, after the word " imprisonment", in both places where it occurs, there shall be inserted the words " or youth custody "; and
in Table B, after the words "made under" there shall be inserted the words " section 4 of the Criminal Justice Act 1982, ".
In section 36 of the Criminal Law Act 1977 (enforcement of fines imposed on young offenders)—
in subsection (2) for the words “the statutory restrictions upon the imprisonment of young offenders" there shall be substituted the words “section 1 of the Criminal Justice Act 1982"; and
in subsection (4)(a) for the words “19(1) of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982".
In subsection (5) of section 38A of that Act (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine) in the definition of “prison", after paragraph (i) there shall be inserted the following paragraph—.
The following shall be inserted after paragraph 3 of Schedule 9 to that Act (ancillary provisions relating to partly suspended sentences)—.
In paragraph 7 of that Schedule, for the word “Where" there shall be substituted the words “Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where".
Section 147(5) of the Customs and Excise Management Act 1979 is repealed.
In section 156 of that Act (saving for outlying enactments of certain general provisions as to offences)—
in subsection (3), the words “This subsection does not apply to Scotland” are repealed;
for subsection (4) there shall be substituted the following subsections—.
In section 10(2) of the Child Care Act 1980 (parental powers of local authorities) for the words “regulations made in pursuance of section" there shall be substituted the words “section 21A of this Act and to regulations made in pursuance of section 21A or".
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whichever is the less.
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The following subsections shall be substituted for subsection (1) of section 37 of that Act (committal to Crown Court with a view to Borstal sentence)— .
In section 77(2) of that Act (power to fix a term of imprisonment and postpone issue of warrant of distress) after the word “imprisonment" there shall be inserted the words “or detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default)".
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In section 82 of that Act (restriction on power to impose imprisonment for default)—
in subsection (1)(c), after the word “imprisonment", in the first place where it occurs, there shall be inserted the words “, youth custody"; and
in subsections (1)(c), (3)(a) and (5)(b) for the words “a term of imprisonment" there shall be substituted the words “a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982".
In section 88 of that Act (supervision pending payment)—
in subsection (4), for the word “prison”—
in the first place where it occurs, there shall be substituted the words “detention under section 9 of the Criminal Justice Act 1982"; and
in the next place where it occurs, there shall be substituted the words “to such detention"; and
in subsection (5), for the word “prison" there shall be substituted the words “such detention".
The following section shall be inserted after section 96 of that Act—.
The words “or the Crown Court” shall be added at the end of section 119(3) of that Act (postponement of taking recognizance).
In section 133(1) of that Act (consecutive terms of imprisonment) after the word “imprisonment” wherever it appears there shall be inserted the words “or youth custody".
At the end of section 134 of that Act (detention in police cells etc.) there shall be inserted the following subsection—.
The following subsection shall be added as subsection (3) of section 135 of that Act (detention of offender for one day in court house or police station) and as subsection (4) of section 136 of that Act (committal to custody overnight at police station for non-payment of sum adjudged by conviction)—.
In Schedule 4 to that Act (imprisonment for default) the words “or detention” shall be inserted after the word “imprisonment" in paragraphs 1 and 2(1).
The following subsection shall be inserted after subsection (2) of section 14 of the Contempt of Court Act 1981 (which relates to penalties for contempt and kindred offences in proceedings in England and Wales)—.
Section 77.
In section 4 of the Trespass (Scotland) Act 1865 (apprehension and punishment of offenders) for the words from “, and on being convicted" onwards, substitute the words “; and every person committing an offence against the provisions of this act shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.".
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in subsection (1) omit the words " and to the provisions herein-after contained with respect to Scotland "; and
at end of that section insert the following subsection—.
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In section 18 of the Public Health (Scotland) Act 1897 (power of entry to local authority or their officers)—
before the word “conviction" insert the word “summary"; and
for the words “a penalty not exceeding five pounds" substitute the words “a fine not exceeding level 3 on the standard scale".
In section 24 of that Act (penalty for contravention of decree and of interdict)—
for the words “to a penalty of not more than £10 per day during his failure so to comply" substitute the words “on summary conviction to a fine not exceeding level 2 on the standard scale"; and
for the words “to a penalty not exceeding £20 per day during such infringement" substitute the words “on summary conviction to a fine not exceeding level 2 on the standard scale".
In section 56 of the Food and Drugs (Scotland) Act 1956 (orders and regulations)—
in subsection (8)(e), for the words “section forty of this Act" substitute “subsection (8A) below"; and
after subsection (8), insert the following new subsection—.
For section 51 of the South of Scotland Electricity Order 1956 as set out in the Schedule to the South of Scotland Electricity Order Confirmation Act 1956 there shall be substituted the following section—.
In section 55 of that Order (penalty for interference with works) for the words “five pounds" substitute the words “level 3 on the standard scale".
For section 36 of the North of Scotland Electricity Order 1958 as set out in the Schedule to the North of Scotland Electricity Order Confirmation Act 1958 there shall be substituted the following section—.
In section 40 of that Order (penalty for interference with works) for the words “five pounds" substitute the words “level 3 on the standard scale".
In section 48 of the Roads (Scotland) Act 1970 (prosecution of certain offences under the Act), after the word “Act” where first occurring insert the words “shall be triable only summarily and".
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at the beginning insert " (1) ";
at the end insert—.
In section 6 of the Immigration Act 1971 (recommendations by court for deportation)—
in paragraph (b) of subsection (3), for the words “first offenders" substitute the words “persons who have not previously been sentenced to imprisonment";
in subsection (5), the words “except in Scotland," and paragraph (b) and the word “and" preceding it are repealed.
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In section 193A of the Criminal Procedure (Scotland) Act 1975 (fines on conviction on indictment to be without limit)—
at the beginning, insert “(1)";
for the words “section 8 of the Criminal Justice (Scotland) Act 1980" substitute the words “section 457A(4) of this Act";
after the word “fine” where first occurring insert the words “of or";
for the word “section" in the second and third places where it occurs substitute the words “subsection";
at the end, insert the following new subsection—
In section 421(1) of the Criminal Procedure (Scotland) Act 1975 (recall to young offenders institution on reconviction)—
omit the words “in a";
for the words “an institution" substitute the word “detention".
In section 462(1) of that Act (interpretation), in the definition of “fine", after the word “penalty", insert the words “(but not a pecuniary forfeiture or pecuniary compensation)".
In paragraph 1(1) of Schedule 9 to the National Health Service (Scotland) Act 1978 (buying or selling goodwill of medical practice) omit the words from “not exceeding” where first occurring to “£500".
In paragraph 7 of Schedule 10 to that Act (penalties for contravention of provisions regarding control of maximum prices for medical supplies)—
in sub-paragraph (2)(a) for the words “£100" substitute the words “the statutory maximum";
in sub-paragraph (2)(b) omit the words “not exceeding £500"; and
sub-paragraph (3) is repealed.
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in paragraph (a) for the words " £100 " substitute the words " the statutory maximum "; and
in paragraph (b) omit the words " not exceeding £500 ".
In section 38(6) of the Water (Scotland) Act 1980 (penalties for disclosure of information) in paragraph (a) for the words “£50" substitute the words “the statutory maximum".
In section 77 of that Act (obtaining supplies to meet drought)—
for paragraphs (i) and (ii) of subsection (8) substitute the words “to the penalties mentioned in subsection (9).";
after subsection (8) insert the following subsection—.
In section 94(a) of that Act (penalties for false information) for the words “£50" substitute the words “the statutory maximum".
In section 95(a) of that Act (penalties for offences not otherwise provided for), for the words “£50" substitute the words “the statutory maximum".
In paragraph 10(3) of Schedule 4 to that Act (offences relating to construction of reservoirs)—
in sub-paragraph (i), for the words “£50 in respect of each such day" substitute the words “the statutory maximum"; and
in sub-paragraph (ii), omit the words “in respect of each such day".
In paragraph 37 of Schedule 4 to that Act (pollution of water by manufacture of gas, etc.), for the words “£50" substitute the words “the statutory maximum".
In paragraph 43 of Schedule 4 to that Act—
at the end of sub-paragraph (1) insert the words “but all such offences shall be triable only summarily."; and
at the end of the paragraph insert the following sub-paragraph—.
In section 55 of the Criminal Justice (Scotland) Act 1980 (disqualification and endorsement where orders for probation or for absolute discharge are made)—
after the word “subsection" insert the words “, which shall form subsection (8) of the said section 93 and subsection (9) of the said 4 section 101";
omit the word “(8)".
Section 78. Chapter Short title Extent of repeal 48 & 49 Vict. c. 70. Sea Fisheries (Scotland) Amendment Act 1885. In section 4, the words “or a fine not exceeding £200". 57 & 58 Vict. c. 60. Merchant Shipping Act 1894. In section 680(1), the words “and to the provisions hereinafter contained with respect to Scotland". 61 & 62 Vict. c. 36. Criminal Evidence Act 1898. In section 1, paragraph (h) of the proviso. 62 & 63 Vict. c. 19. Electric Lighting (Clauses) Act 1899. In the Schedule, section 38 of the Gasworks Clauses Act 1871 as set out in the Appendix (this repeal having effect for the purposes of the Schedule as incorporated with the Electricity Act 1947 or any other enactment). 15 & 16 Geo. 5 c. 86. Criminal Justice Act 1925. Section 12, so far as unrepealed. 11 & 12 Geo. 6. c. 58. Criminal Justice Act 1948. Sections 19 and 20.Section 48(2).Section 52.Section 76(2). 15 & 16 Geo. 6. & 1 Eliz. 2. c. 52. Prison Act 1952.Sections 44 to 46.Section 49(2)(b). In section 55(3), the words “Subsection (2) of section twenty-two, and". . . . ... ... . . . ... ... . . . ... ... 9 & 10 Eliz. 2. c. 39. Criminal Justice Act 1961. Section 1.Sections 3 to 7.Sections 10 to 13.Section 32(2)(a), (c) and (e).Section 34.Section 38(5).In section 39(1), the definition of “the statutory restriction on the imprisonment of young offenders".Schedule 1.In Schedule 4, the entries relating to sections 19 and 20 of the Criminal Justice Act 1948 and the entries relating to sections 43, 44 and 45 of the Prison Act 1952.Schedule 6. 1966 c. 49. Housing (Scotland) Act 1966. In section 185(2), the words “for each day during which the failure continues". 1967 c. 80. Criminal Justice Act 1967. In section 60, in subsection (3), paragraph (b) and the word “or" immediately preceding it, the words from “Provided" to the end and subsection (5A)(b) and (c).Section 63.Section 66(1).Section 67(1)(b).Section 95(1). 1968 c. 19. Criminal Appeal Act 1968. In section 20, the words “(hereafter referred to as “the registrar")". 1969 c. 54. Children and Young Persons Act 1969. Section 7(1), (3) and (4).Section 31.In section 34(1), paragraph (d) and the words in paragraph (f) from “or section" to “fifteen".In Schedule 4, paragraph 6.In Schedule 5, paragraphs 5, 23 and 44. 1971 c. 23. Courts Act 1971. In Schedule 8, paragraph 22. 1971 c. 77. Immigration Act 1971. In section 6(5) the words “except in Scotland,", and paragraph (b) and the word “and" preceding it. 1972 c. 71. Criminal Justice Act 1972. Section 42.In Schedule 5, the entry relating to the Children and Young Persons Act 1933, the entries relating to the Criminal Justice Act 1961 and the first paragraph of the entry relating to the Children and Young Persons Act 1969. 1973 c. 62. Powers of Criminal Courts Act 1973. In section 2, in subsection (6), the words from “under", in the first place where it occurs, to “Act", and subsection (8).Section 4.In section 14(1), the words from “for such" to “in the order".Section 19.In section 21, in subsection (1), the words “Borstal training or detention in a detention centre" and subsection (3)(c).In section 23, in subsection (1), the words “which have arisen since the suspended sentence was passed", and subsections (3), (4) and (5).Section 29(6).In section 32(2), the words “Schedule 4 to that Act or".In section 45(4), the words “Borstal training or detention in a detention centre".In section 47(d), the words “day training centres and other".Section 48(3) and (4).In section 49, in subsection (2), the words from “and" to the end, and subsection (3).Section 50.Section 51(2).In section 57(1), the definition of “day training centre".In Schedule 1, paragraph 7.In Schedule 3, in paragraph 3, in sub-paragraph (1)(a) the words from “and to ensure" to the end and in sub-paragraph (3) the words “with the approval of the Secretary of State", paragraph 10(2), in paragraph 11, the words “day training centres", paragraph 13(2), paragraph 14(2) and (3), in paragraph 18(1), in paragraph (a), the words “community service committees" and in paragraph (b), the words “and staff appointed under paragraph 10 above" and in paragraph 18A, the words “and staff appointed under paragraph 10 above".In Schedule 5, paragraphs 1, 13 and 33. 1974 c. 53. Rehabilitation of Offenders Act 1974. In section 5(1)(c), the word “and". 1975 c. 21. Criminal Procedure (Scotland) Act 1975. Section 8(2).In Section 289D, in subsection (2), the words “or (3A)", and subsection (3A).Section 291(1).In section 421(1), the words “in a". . . . ... ... 1976 c. 63. Bail Act 1976. In Schedule 2, paragraphs 40 and 42. 1977 c. 45. Criminal Law Act 1977. In section 31, subsection (4)(c) and the word “and" immediately preceding it and subsection (7).In section 36, subsection (1) and in subsection (9) the definition of “the statutory restrictions upon the imprisonment of young offenders".Section 37(1).In Schedule 9, in paragraph 10, the words from “and at" onwards.In Schedule 11, paragraphs 3 and 6.In Schedule 12, the entry relating to the Criminal Justice Act 1948, the entry relating to the Prison Act 1952, paragraph 1 and paragraph 2(3) and (4) of the entry relating to the Criminal Justice Act 1961, paragraphs 7(2) and 8 of the entry relating to the Criminal Justice Act 1967, paragraph 1 of the entry relating to the Children and Young Persons Act 1969, and in the entry relating to the Powers of Criminal Courts Act 1973, paragraph 1(6) and in paragraph 11(6) the words “or staff appointed under paragraph 10 of Schedule 3". 1978 c. 29. National Health Service (Scotland) Act 1978. In Schedule 9, in paragraph 1(1), the words from “not exceeding" where first occurring to “£500".In Schedule 10, in paragraph 7, in sub-paragraph (2)(b), the words “not exceeding £500", and sub-paragraph (3). 1978 c. 49. Community Service by Offenders (Scotland) Act 1978. Section 6(3).Schedule 1. 1979 c. 2. Customs and Excise Management Act 1979. Section 147(5).In section 156(3), the words “This subsection does not apply to Scotland.".In Schedule 4, in the entry relating to the Powers of Criminal Courts Act 1973, the words “31(7) and". 1979 c. 11. Electricity (Scotland) Act 1979. In section 41(1)(b), the words “not exceeding £500". 1979 c. 39. Merchant Shipping Act 1979. In section 43, subsections (4) and (5), and in subsection (6), the words “or an order under subsection (4) of this section". 1980 c. 43. Magistrates’ Courts Act 1980. In section 76(1), the words “and section 19 of the Powers of Criminal Courts Act 1973".In section 81(8), the definition of “the statutory restrictions upon the imprisonment of young offenders".Section 108(3)(a).Section 131(3).In Schedule 7, paragraphs 38 to 42, 79 and 84 and in paragraph 120(a), the words from “and for" to the end of the paragraph. 1980 c. 45. Water (Scotland) Act 1980. In Schedule 4, in paragraph 10(3)(ii), the words “in respect of each such day". 1980 c. 57. Imprisonment (Temporary Provisions) Act 1980. Section 5. 1980 c. 62. Criminal Justice (Scotland) Act 1980. In section 7, in subsection (3), the words from the beginning to “provisions)" and the words from “and accordingly" to the end.Section 8.In section 46(1), paragraphs (a) and (b), in paragraph (c), the words “ “£25" and", “respectively" and “ “£50" and", and paragraph (d).In section 55, the word “(8)".In Schedule 7, paragraphs 7, 12 and 50. S.I. 1980/1088. Criminal Justice and Armed Forces (Northern Ireland) Consequential Amendments Order 1980. In Article 2, paragraph (1)(a)(ii) and (iii) and (e). 1981 c. 22. Animal Health Act 1981. Section 70. 1981 c. 49. Contempt of Court Act 1981. Section 12(3).Section 14(3).
Section 79.
Where an offender has before the commencement of sections 1 to 15 above been committed for sentence to the Crown Court under section 37 of the Magistrates’ Courts Act 1980 but has not been dealt with by the Crown Court before the commencement of those sections, he shall be deemed to have been committed for sentence under section 37 of that Act as amended by this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to sub-paragraph (2) below, an order for detention in a detention centre for a term which has not expired at the commencement of sections 1 to 15 above shall be treated for all purposes of detention, release and supervision as if it had been made under section 4 above. Where an order for detention of an offender in a detention centre was made before the comencement of sections 1 to 15 above and the term for which he was ordered to be so detained has not expired at the commencement of those sections, nothing in sub-paragraph (1) above shall prevent his detention in such a centre after that date.
Subject to sub-paragraph (2) below, where at the commencement of sections 1 to 15 above and offender is detained in a detention centre by reason of his having been recalled under paragraph 2 of Schedule 1 to the Criminal justice Act 1961 (recall for breach of supervision requirement), he shall be treated as if the order recalling him had been a detention centre order made on the same date for 30 days or, if the maximum period for which he was liable to recall was less than 30 days, for that period. If at the commencement of sections 1 to 15 above an offender has been in custody by virtue of an order under the said paragraph 2 for 30 days or more, he shall be released on the commencement of those sections. Nothing in this paragraph shall render an offender liable to a period of supervision on release from a detention centre additional to any such period to which he is liable by virtue of paragraph 1 of Schedule 1 to the Criminal Justice Act 1961 immediately before the commencement of sections 1 to 15 above.
An offender who was sentenced to Borstal training on a date before the commencement of sections 1 to 15 above and whose sentence has not expired at the commencement of those sections shall be treated for all purposes of detention, release and supervision as if his sentence had been a youth custody sentence for a term of 12 months.
A custodial order to which this sub-paragraph applies shall be treated as a youth custody sentence for all purposes of detention, release and supervision of the offender in respect of whom it was made. Sub-paragraph (1) above applies to a custodial order specifying a maximum period of detention which has not expired at the commencement of sections 1 to 15 above— A custodial order to which this sub-paragraph applies shall be treated as a detention centre order for all purposes of detention, release and supervision of the offender. Sub-paragraph (3) above applies to a custodial order made in respect of a male offender and specifying a maximum period of detention of 4 months or less which has not expired at the commencement of sections 1 to 15 above. In this paragraph “custodial order” means an order—
Subject to sub-paragraph (3) below, where at the commencement of sections 1 to 15 above an offender is detained in a borstal institution by reason of his having been recalled under section 45(4) of the Prison Act 1952 (recall for breach of supervision requirement) he shall be treated as if the order recalling him had been a sentence of youth custody for a term of thirty days commencing from the date on which he was taken into custody. Subject to sub-paragraph (3) below, where at the commencement of sections 1 to 15 above an offender is detained in a borstal institution by reason of his having been returned to such an institution under section 12 of the Criminal Justice Act 1961 (return to borstal institution on re-conviction), he shall be treated as if the order returning him to the institution had been an order made on the same date sentencing him to youth custody for a term of thirty days. If at the commencement of sections 1 to 15 above an offender has been in custody by virtue of an order referred to in sub-paragraph (1) or (2) above for thirty days or more, he shall be released on the commencement of those sections. Nothing in this paragraph shall render an offender who is released after being detained by virtue of an order referred to in sub-paragraph (1) or (2) above liable to a period of supervision additional to any such period to which he was liable by virtue of section 45 of the Prison Act 1952 immediately before the commencement of sections 1 to 15 above.
This paragraph applies to any offender who at the commencement of sections 1 to 15 above is serving a sentence of imprisonment which was passed on him when he was under 21 years of age. The Secretary of State may from time to time direct that an offender to whom this paragraph applies is to be detained— An offender to whom this paragraph applies shall be treated for the purposes of release and supervision as if he had been sentenced on the date when the sentence of imprisonment was imposed to an equal term of youth custody.
Where at the commencement of sections 1 to 15 above an offender is serving a sentence of life imprisonment which was passed on him while he was under 21 years of age, he shall be treated for all purposes as if he had been sentenced to custody for life on the date when the sentence of life imprisonment was imposed.
Rules under section 47 of the Prison Act 1952 may provide that any awards for an offence against discipline made before the commencement of sections 1 to 15 above shall continue to have effect, subject to such modifications as the Secretary of State may consider appropriate in relation to any particuar description of award.
Where under section 23(1)(a) or (b) of the Powers of Criminal Courts Act 1973 a court orders that a suspended sentence shall take effect and the offender has not attained the age of 21 at the time when the order is made, the order shall be treated for all purposes as a detention centre order or a youth custody sentence. The question whether an order under sub-paragraph (1) above is to be treated as a detention centre or a youth custody sentence shall be determined— Sections 1 to 15 above shall have effect for the purposes of this paragraph as they have effect when an offender falls to be sentenced for an offence.
A person who immediately before the commencement of sections 1 to 15 above is under supervision by virtue of paragraph 1 of Schedule 1 to the Criminal Justice Act 1961 (supervision of a person released from a detention centre) shall be treated— and the supervision period for the purposes of that section shall end at the end of the period of three months from his release or on the commencement of sections 1 to 15 above, whichever is the later.
as if he were under supervision by virtue of section 15 above; and
as if the requirements specified in the notice given to him under that paragraph had been specified in a notice given under subsection (10) of that section;
A person who immediately before the commencement of sections 1 to 15 above is subject to supervision by virtue of section 45 of the Prison Act 1952 (supervision of a person released from a Borstal institution) shall be treated— and the supervision period for the purposes of that section shall end at the end of the period of twelve months from the date he was sentenced to borstal training or on the commencement of sections 1 to 15 above, whichever is the later.
as if he were under supervision by virtue of section 15 above; and
as if the requirements specified in the notice given to him under section 45(3) of the Prison Act 1952 had been specified in a notice given under section 15(10) above;
A person who immediately before the commencement of sections 1 to 15 above is subject to a licence under section 60(3)(b) of the Criminal Justice Act 1967 (release on licence of a person serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed) or is subject to supervision by virtue of section 63(1) of that Act (supervision of a person released from prison after serving a sentence of imprisonment for a term of less than 18 months who was under the age of 21 when the sentence was passed) shall be treated—
as if he were under supervision by virtue of section 15 above; and
as if the conditions specified in the licence or, as the case may be, the requirements specified in the notice given to him under paragraph 1 of Schedule 1 to the Criminal Justice Act 1961, had been specified in a notice given under section 15(10) above.
The enactments referred to in sub-paragraph (1)(b) above are— The enactments referred to in sub-paragraph (1)(c) above are— Detention under sub-paragraph (1) above does not prejudice the continuation of the supervision period to which a person is subject by virtue of paragraph 11, 12 or 13 above.
Until the commencement of sections 1 to 15 above, if a person— his release shall be a release on licence under section 60 of the Criminal Justice Act 1967, irrespective of whether at the time of his release he could have been released on licence under that section by virtue of subsection (3) thereof.
is serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed; and
is to be released from prison in pursuance of an order under section 32 above,
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Any provision of Schedule 15 to this Act which alters the penalty for any offence shall not affect the penalty for an offence committed before that provision comes into force.