Legalize / United Kingdom / Public General Act

Powers of Criminal Courts Act 1973 (repealed)

Type Public General Act

Publication 1973-10-25

Last updated 2000-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) A criminal bankruptcy petition presented by the Official Petitioner shall be served in the manner prescribed by rules made under the Act of 1914.

(4) Section 5(2), (3) and (7) of the Act of 1914 (making of receiving order on, and withdrawal of, creditor's petition) shall apply also in relation to a criminal bankruptcy petition presented by the Official Petitioner but as if any reference to the debt of the petitioning creditor were a reference to any criminal bankruptcy debt within the meaning of this Schedule ; and paragraph 6 above shall have effect in relation to section 5(2) and (3) as they apply by virtue of this paragraph.

Presentation of criminal bankruptcy administration petition by Official Petitioner

16

(1) The Official Petitioner may present a petition under section 130 of the Act of 1914 in any case in which a creditor could do so by virtue of this Schedule, and an order may be made under that section on that petition.

(2) Section 130(2) shall have effect in relation to a petition presented by the Official Petitioner as if the reference to the petitioner's debt were a reference to any criminal bankruptcy debt within the meaning of this Schedule.

Participation of Official Petitioner in proceedings brought by virtue of this Schedule (whether by the Official Petitioner or by a creditor)

17

(1) In the case of proceedings pursuant to a criminal bankruptcy petition or a criminal bankruptcy administration petition, the Official Petitioner shall be entitled—

(a) to attend any meeting of creditors and, before the meeting, to receive any notice or other document required to be sent before such a meeting to any creditor ;

(b) to be a member of any committee of inspection appointed under section 20 of the Act of 1914, but not so as to count towards the number of members mentioned in subsection (2) or (9), or to be subject to removal under subsection (7), of that section ;

(2) In the case of proceedings pursuant to a criminal bankruptcy petition or a criminal bankruptcy administration petition, the provisions mentioned in sub-paragraph (3) below shall have effect as if any reference to a creditor, or to a creditor who has proved or tendered a proof, included a reference to the Official Petitioner.

(3) The provisions of the Act of 1914 referred to in sub-paragraph (2) above are sections 10 (appointment of special manager), 14(2) and (4) (debtor's statement of affairs), 15(4) and (8) (public examination of debtor), 16(5), (6) and (8) (compositions and schemes of arrangement), 26(7) (discharge of bankrupt), 37 (relation back of trustee's title), 74(1)(e) (report to creditors of debtor's proposal), 80 (appeal to court against act or decision of trustee), and 130(8) (effect of notice of creditor's petition under that section).

(4) Any functions of the Official Petitioner under or by virtue of this Act may be discharged on his behalf by any person acting with his authority.

SCHEDULE 3

Part I — The Probation and After-Care Service

Probation and after-care areas

1

(1) Subject to the following provisions of this paragraph, if the Secretary of State is of opinion, either upon consideration of proposals submitted to him by a magistrates’ courts committee for a county or without any such proposals, that it is expedient that any two or more petty sessions areas should form one probation and after-care area, he may make an order to that effect; and the order may contain such incidental and consequential provisions as appear to the Secretary of State to be expedient for the purposes of the order.

(2) Before making an order under sub-paragraph (1) above the Secretary of State shall give to the justices acting for any petty sessions area affected by the order an opportunity of making to him any representations which they may desire to make with respect to the order, and shall consider any representations made by them.

(3) The Secretary of State—

(a) shall make provision by an order under sub-paragraph (1) above for combining in one probation area (in this Schedule referred to as “the inner London probation area”) all of the petty sessions divisions of the inner London area; and

(b) may make provision by such an order for including in that probation area one or more other petty sessions areas.

(5) Every petty sessions area which is not included in a probation and after-care area by virtue of an order made under sub-paragraph (1) above shall itself constitute a probation and after-care area.

Probation and after-care committees

2

(1) For every probation and after-care area there shall be a probation and after-care committee, which shall be a body corporate.

(2) Subject to the following provisions of this paragraph and to the provisions of paragraphs 6 and 7 below, a probation and after-care committee for any area shall consist—

(a) if that area comprises more than one petty sessions area, of such number of justices as may be specified by the order under paragraph 1(1) above, appointed in the manner so specified by the justices acting for the . . .petty sessions areas comprised in that area;

(b) if that area is one petty sessions area, of a prescribed number of justices appointed in the prescribed manner by the justices acting for that petty sessions area.

(3) Sub-paragraph (2) above shall not apply to the probation and after-care committee for the inner London probation area, but that committee shall, subject to the provisions of sub-paragraph (4) below and of paragraphs 6 and 7 below, consist—

(a) of such number of metropolitan stipendiary magistrates, nominated by the chief metropolitan stipendiary magistrate, as may be specified by the order under paragraph 1(1) above;

(b) of such number as may be so specified of justices of the peace for the petty sessions areas of the inner London probation area who are not metropolitan stipendiary magistrates, chosen in such manner as may be so specified by the justices for those areas who are not such magistrates;

(c) of such number as may be so specified of the members of the youth court panels for the inner London probation area and the City of London, chosen in such manner as may be so specified.

(4) The Lord Chancellor may, if he thinks fit, appoint—

(a) one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders); . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to be members of the probation and after-care committee for any area, and any person so appointed shall hold office in accordance with the terms of his appointment.

(5) Any contract made or other thing done by or on behalf of a probation and after-care committee before it became, by virtue of section 37 of the Justices of the Peace Act 1949, a body corporate, shall have effect as if made or done by or on behalf of the body corporate constituted by sub-paragraph (1) above.

3

(1) It shall be the duty of every probation and after-care committee—

(a) to appoint such number of probation officers—

(i) as may be determined by them without objection by the responsible authority; or

(ii) where objection is made, as may be agreed between them and that authority,

to be a sufficient number of such officers for their probation area, subject, in the case of such classes or descriptions of officers as may be prescribed, to the approval of the appointment by the Secretary of State;

(b) to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be determined by the Secretary of State under paragraph 18A below;

(d) to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as resident patients; and

(e) to perform such other duties in connection with the work of probation officers as may be prescribed.

and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State

(2) A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons in relation to whom probation officers appointed for their area have responsibilities.

(2A) A probation committee may provide facilities for enabling—

(a) directions given by a supervisor by virtue of subsection (2) of section 12 of the Children and Young Persons Act 1969; . . .

(b) requirements included in a supervision order by virtue of section 12A(3) of that Act, to be carried out effectively and

(3) A probation and after-care committee may, . . . , delegate all or any of their functions to a sub-committee consisting of members of the committee and such other persons (if any) as may be co-opted to be members of the sub-committee; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the committee.

(4) Notwithstanding that, by virtue of paragraph 2(1) above, a probation and after-care committee is a body corporate, any provision applying to employees of justices shall, unless the contrary intention appears, apply to employees of a probation and after-care committee.

(5) In this paragraph “the responsible authority”—

(a) in relation to a probation area other than the inner London probation area, means the local authority in whose area that probation area is situated; and

(b) in relation to the inner London probation area, means—

(i) the Receiver for the metropolitan police district; and

(ii) where that area includes one or more petty sessions areas outside the inner London area, the local authority or authorities in whose area or areas that petty sessions area or those petty sessions areas is or are situated;

and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.

Case committees

4

(1) Subject to sub-paragraph (1A) below, for every petty sessions area outside the inner London probation area there shall be one or more committees, to be called “probation liaison committees", and every such committee shall, subject to paragraphs 6 and 7 below, consist—

(a) if the petty sessions area is a separate probation area, of the probation committee;

(b) in any other case, of not less than three justices appointed by the justices acting for that petty sessions area.

(1A) Where two or more petty sessions areas outside the inner London probation areaform a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.

(2) It shall be the duty of probation liaison committees for areas outside the inner London probation area to review the work of probation officers, and to perform such other duties in connection with the work of probation officers as may be prescribed.

(3) A probation committee for any area outside the inner London probation areashall pay any expenses incurred in accordance with rules made by the Secretary of State under this Schedule by a probation liaison committee for a petty sessions area in their probation area, and any allowances under paragraph 13 below to members of any such committee.

(4) A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.

5

(1) The probation committee for the inner London probation area may appoint such probation liaison committees, constituted in such manner and for such areas within that area, as the probation committee may determine, and shall pay the expenses of any probation liaison committee appointed under this sub-paragraph.

(2) Any probation liaison committee appointed for an area within the inner London probation area shall exercise functions conferred on probation liaison committees for areas outside the inner London probation area by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the inner London probation area.

Co-option of members of probation and after-care committees and case committees

6

(1) Subject to the provisions of this paragraph, any probation and after-care committee, and any probation liaison committee which is not a probation and after-care committee, may co-opt such number of persons as they think fit.

(2) The number of members co-opted under sub-paragraph (1) above shall not exceed one-third of the number of members of the committee, and no person shall be so co-opted if he is a justice of the peace for any county in which the probation and after-care area or any part of it is situated, or which is wholly or partly comprised in that area.

(3) The reference in sub-paragraph (2) above to a county includes a reference to any London commission area within the meaning of the Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any probation liaison committee for an area within the inner London probation area.

7

Probation Officers

8

(1) It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them, to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person and to make reports on such matters with a view to assisting the court in determining the most suitable method of dealing with his case, to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody and to perform such other duties as may be prescribed or may be imposed by any enactment or instrument.

(2) In sub-paragraph (1) above “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

9

The probation officer who is to be responsible for the supervision of any probationer shall be selected under arrangements made by the probation and after-care committee for the probation and after-care area which includes the petty sessions area for the time being named in the order from among the probation officers appointed for or assigned to that petty sessions area; and, if the probation officer so selected dies or is unable for any reason to carry out his duties, . . . , another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that petty sessions area.

Part II — Functions in relation to the Rehabilitation of Offenders

Functions of probation and after-care committees in relation to community service orders

10

(1) A probation and after-care committee shall secure that arrangements for persons to perform work under community service orders are made for their area or, if it comprises more than one petty sessions area, for each of the petty sessions areas it comprises.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of any arrangements made in pursuance of this paragraph for the whole or any part of the area of a probation and after-care committee, that committee shall have power—

(a) to appoint staff;

(b) to provide accommodation, equipment, materials and transport;

(d) to defray travelling and other expenses in connection with the performance of work by persons in respect of whom community service orders are in force.

Provision of establishments for use in connection with the rehabilitation of offenders, etc.

11

A probation and after-care committee may, with the approval of the Secretary of State, provide and carry on . . . , bail hostels, probation hostels, . . . and other establishments for use in connection with the rehabilitation of offenders.

12

(1) A probation and after-care committee shall make such payments and to such persons as may be prescribed in respect of persons accommodated in probation hostels, . . . and bail hostels.

(2) A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons remanded on bail.

Part III — General Provisions

Travelling and subsistence allowances

13

(1) Subject to the provisions of this paragraph, a member of a probation and after-care committee or probation liaision committee shall be entitled—

(a) to receive payments at rates determined by the Secretary of State with the consent of the Minister for the Civil Service by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member of the committee; and

(b) to receive payments at a rate determined by the Secretary of State with the consent of the Minister for the Civil Service by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sub-paragraph (1) above shall not apply in relation to a member of a probation liaision committee for an area within the inner London probation area.

Adjustment of expenses of probation and after-care committees inter se

14

(1) Where a probation officer is appointed for more than one probation and after-care area, his salary and any expenses incurred by him or by a probation and after-care committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under any regulations under section 7 of the Superannuation Act 1972 shall be apportioned between the probation and after-care committees for the several probation and after-care areas for which he is appointed, in such manner as may be agreed between the committees concerned after consultation with the local authorities which, by virtue of paragraph 15 below, are required to defray the expenses of those committees, or as in default of agreement may be determined by the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses of probation and after-care committees to be borne by local authorities

15

(1) Subject to sub-paragraph (2) below and to paragraph 16 below the sums required to meet—

(a) any expenses incurred by a probation and after-care committee under the provisions of this Schedule (including allowances under paragraph 13);

(b) any expenses incurred by a probation and after-care committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the Superannuation Act 1972 to or in respect of probation officers and clerks appointed by probation and after-care committees or probation officers to assist probation officers in the performance of their duties; and

(c) any other expenses incurred by a probation and after-care committee in accordance with rules made under this Schedule;

shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation and after-care area is situated.

(2) Sub-paragraph (1) above shall not apply to any expenses incurred by a probation and after-care committee in providing and carrying on probation hostels, probation homes and bail hostels.

(3) Where a probation and after-care area is situated in the area of two or more local authorities, the sums to be defrayed under sub-paragraph (1) above shall be apportioned between the several authorities in such manner as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provision for expenses of the probation and after-care committee for the inner London area

16

Paragraph 15 above shall not apply in relation to expenses incurred by the probation committee for the inner London probation area, but such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation area outside, would be payable by virtue of that paragraph by the local authority.

(a) shall be paid out of the metropolitan police fund; or

(b) where the inner London probation area includes one or more petty sessions areas outside the inner London area, shall be partly paid out of that fund and partly defrayed by the local authority or authorities concerned.

(2) Where paragraph (b) of sub-paragraph (1) above applies, the proportions to be paid or defrayed under that paragraph shall be such as may be agreed between the Receiver for the metropolitan police district and the local authority or authorities concerned or, in default of agreement, as may be determined by the Secretary of State.

(3) In this paragraph “the local authority or authorities concerned” means the local authority or authorities in whose area or areas the petty sessions area or areas outside the inner London area is or are situated.

Provision of accommodation by local authorities for the probation and after-care service

17

(1) In any case in which a local authority would be liable under paragraph 15(1) or (3) or 16(1) or (2) above to defray all or part of the expenses incurred by a probation and after-care committee in providing any accommodation, the local authority may, subject to the provisions of this paragraph, itself provide the accommodation in question for the use of the committee.

(2) A local authority shall not by virtue of this paragraph provide any accommodation for the use of a probation and after-care committee except with the agreement—

(a) of the committee; and

(b) if the expenses of the committee in providing the accommodation would have fallen to be defrayed partly by that authority and partly by one or more other local authorities, of the other local authority or authorities.

(3) Where in accordance with sub-paragraph (2)(b) above a local authority provides accommodation with the agreement of one or more other local authorities, that authority shall be entitled to receive from the other authority or authorities such contribution to its expenditure in providing the accommodation as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

(4) The foregoing provisions of this paragraph shall apply as if the Receiver for the metropolitan police district were a local authority and any sums required to be paid out of the metropolitan police fund were required to be defrayed by him; and any contribution received by him under sub-paragraph (3) above shall be paid into that fund.

Rules

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(1) The Secretary of State may make rules—

(a) regulating the constitution, procedure, powers and duties of probation and after-care committees, . . . and probation liaison committees, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed;

(aa) limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;

(b) regulating the qualifications, manner of appointment, . . . and duties of probation officers . . . ;

and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.

(2) Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—

(a) for prescribing . . . the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and

(b) for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(3) Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the inner London probation area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.

Interpretation

19

(1) In this Schedule, “the inner London area” has the same meaning as in the Administration of Justice Act 1964 and 'inner London probation area’ has the meaning given by paragraph 1(3) above.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

General

1

Without prejudice to the provisions of section 38 of the Interpretation Act 1889 (effect of repeals)—

(a) nothing in any repeal made by this Act shall affect any order or rule made, certificate issued, requirement or condition imposed or thing done under any enactment repealed by this Act, and every such order, rule, certificate, requirement, condition or thing shall, if in force at the commencement of this Act, continue in force (subject to the provisions of this Act) and be deemed to have been made, issued, imposed or done under the corresponding provisions of this Act; and

(b) any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.

Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969

2

SCHEDULE 5

The Children and Young Persons Act 1933

1

The Criminal Justice Act 1948

2

In section 19 of the Criminal Justice Act 1948 (orders requiring attendance at an attendance centre), in subsection (1), for the words “section six of this Act" there shall be substituted the words “ section six of the Powers of Criminal Courts Act 1973" ”.

The Criminal Justice (Scotland) Act 1949

3

The Magistrates’ Courts Act 1952

4

5

In section 64 of that Act (enforcement of sums adjudged to be paid) in subsection (1), after the words " seven of this Act" there shall be inserted the words " and section nineteen of the Powers of Criminal Courts Act 1973 ".

6

In section 72B of that Act (transfer of fine orders from Scotland), in subsection (3), for the words “section 44(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Act 1973" ”.

7

The Summary Jurisdiction (Scotland) Act 1954

8

In section 44 of the Summary Jurisdiction (Scotland) Act 1954 (transfer of fine orders within and from Scotland), in subsection (5), for the words “section 47 of the Criminal Justice Act 1967" there shall be substituted the words “ section 31 of the Powers of Criminal Courts Act 1973" ”.

The Solicitors Act 1957

9

The Metropolitan Magistrates’ Courts Act 1959

10

The First Offenders (Scotland) Act 1960

11

The Criminal Justice Act 1961

12

In section 5(5) of the Criminal Justice Act 1961 (construction of references to terms of imprisonment), for the words “sections fourteen and fifteen of the Criminal Justice Act 1948" there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973" ”.

13

The Administration of Justice Act 1964

14

The Fugitive Offenders Act 1967

15

The Criminal Justice Act 1967

16

17

In section 32 of that Act (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for the words “section 4 of the Criminal Justice Act 1948" there shall be substituted the words “ section 3 of the Powers of Criminal Courts Act 1973" ”.

18

19

In section 54 of that Act (miscellaneous provisions as to probation orders), in subsection (8)—

(a) in paragraph (a), for the words " section 4(2) of the Criminal Justice Act 1948" there shall be substituted the words " section 3(2) of the Powers of Criminal Courts Act 1973 ", and for the words " the said sections 3 and 4 " there shall be substituted the words " section 3 of the said Act of 1949 and section 3 of the said Act of 1973 ";

(b) in paragraph (b), for the words " the said section 4 " in the first place where they occur there shall be substituted the words " section 3 of the said Act of 1973 " and for those words in the second place where they occur there shall be substituted the words " that section ".

20

In section 56 of that Act (committal for sentence for offences tried summarily)—

(a) in subsection (1)(a), for the words “section 41(1) of this Act" there shall be substituted the words “ section 24(1) of the Powers of Criminal Courts Act 1973" ”; and

(b) in subsection (2), for the words from “section 8(4)" to the end there shall be substituted the words “ section 28 and 29 of the Magistrates’ Courts Act 1952 (committal for sentence), section 62(6) of this Act and sections 8(6) (probationer convicted of subsequent offence) and 24(2) (committal to be dealt with in respect of a suspended sentence) of the Powers of Criminal Courts Act 1973" ”.

21

In section 62 of that Act (revocation of licences and conviction of prisoners on licence), in subsection (6), for the words “section 29 of the Criminal Justice Act 1948" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”.

22

In section 67 of that Act (computation of sentences of imprisonment passed in England and Wales), in subsection (2), for the words “section 40 of this Act" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

23

24

In section 74 of that Act (supplementary provisions as to legal aid orders), in subsection (12), for the words from " or 8 " to " this Act" there shall be substituted the words " 8, 16, 17(1) or (2), 23 or 27 of the Powers of Criminal Courts Act 1973 ".

25

In section 84(1) of that Act (interpretation of Part IV of that Act), in the definition of " committed for sentence " for the words from " section 6 " to " this Act" there shall be substituted the words " section 28 or 29 of the Magistrates' Courts Act 1952, section 67 of the Mental Health Act 1959, section 62(6) of the Criminal Justice Act 1967, or section 6, 8, 16, 17(2)(b) or 24 of the Powers of Criminal Courts Act 1973 ".

26

In section 104 of that Act (general provisions as to interpretation), in subsection (1)—

(a) for the definition of “extended sentence certificate" there shall be substituted the following—

“extended sentence certificate” means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;

and

(b) for the definition of “suspended sentence" there shall be substituted the following—

“suspended sentence” means a sentence to which an order under section 22(1) of the Powers of Criminal Courts Act 1973 relates.

27

In section 106(2)(b) of that Act (provisions extending to Scotland), for the words from “38(7)" to “54(6) to" there shall be substituted the words “ 48, 54(6) and" ”.

Criminal Appeal Act 1968

28

In section 10 of the Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by the Crown Court otherwise than on conviction on indictment), in subsection (3)(c)(iii), for the words “section 40 of the Criminal Justice Act 1967" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

29

30

In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in subsection (1), in the definition of “probation order" for the words “section 3 of the Criminal Justice Act 1948" there shall be substituted the words “ section 2 of the Powers of Criminal Courts Act 1973" ”.

The Civil Evidence Act 1968

31

In section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

32

In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The Children and Young Persons Act 1969

33

34

35

36

37

38

39

In Schedule 4 to that Act (transitional provisions and savings) in paragraph 12(3), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

The Administration of Justice Act 1970

40

In Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation, etc., enforceable as on a summary conviction), for paragraphs 10 and 11 as originally enacted there shall be substituted (in place of the paragraph substituted for those paragraphs and the paragraph 9A inserted by section 8 of the Criminal Damage Act 1971 by Schedule 5 to the Criminal Justice Act 1972) the following paragraph—

(10) Where under section 35 of the Powers of Criminal Courts Act 1973 a court orders the payment of compensation.

The Courts Act 1971

41

The Industrial Relations Act 1971

42

In paragraph 28 of Schedule 3 to the Industrial Relations Act 1971 (provisions as to fines imposed by the Industrial Court), in sub-paragraph (1), for the words from “section 14" to “1967" there shall be substituted the words “ the provisions of section 31 and 32 of the Powers of Criminal Courts Act 1973" ” and the words “to a court of assize or" shall be omitted.

The Road Traffic Act 1972

43

44

In section 105 of that Act (supplementary provisions as to disqualifications and endorsements), in subsection (2), after the words “Criminal Justice Act 1972" there shall be inserted the words “ or section 44(3) of the Powers of Criminal Courts Act 1973" ” and for the words “that section" there shall be substituted the words “ section 24 or 44, as the case may be" ”.

The Criminal Justice Act 1972

45

In section 23 of the Criminal Justice Act 1972 (power to deprive offender of property used, or intended for use, for purposes of crime), in subsection (5), for the words from “in regard" to “of this section" there shall be substituted the words

that any property which was in his possession or under his control at the time of his apprehension— (a) has been used for the purpose of committing, or facilitating the commission of, any offence; or (b) was intended by him to be used for that purpose

46

In section 24 of that Act (driving disqualification where vehicle used for purposes of crime)—

(a) in subsection (2), for the words from “mentioned" to the end of the subsection there shall be substituted the words “ of committing, or facilitating the commission of, the offence, the court may order that person to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1972" ”; and

(b) in subsection (3), for the words “subsection (1)" there shall be substituted the words “ subsection (2)" ”.

47

In section 49 of that Act (community service order in lieu of warrant of commitment for failure to pay fine, etc.)—

(a) in subsection (2), for the words from the beginning to “this Act" in the second place where it occurs there shall be substituted the words “ In this section community service order" has the same meaning as in the Powers of Criminal Courts Act 1973 and section 14(2) of that Act and, so far as applicable, the other provisions of that Act" ”, and for the words “subsection (3) of section 17" and “section 18(1)(b) of this Act" there shall be substitiuted respectively the words “ subsection (3) of section 16" ” and “ section 17(2)(a) of that Act" ”; and

(b) in subsection (4), for the words “section 47(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Acts 1973" ”.

48

The Costs in Criminal Cases Act 1973

49

In section 18 of the Costs in Criminal Cases Act 1973 (miscellaneous applications of that Act)—

(a) in subsection (1)(b), for the words “section 29 of that Act" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”; and

(b) in subsection (4), for paragraphs (a), (b) and (c) there shall be substituted the following paragraphs—

(a) proceedings for dealing with an offender under section 6, 8 or 10 of the Powers of Criminal Courts Act 1973 (probation orders and orders for conditional discharge); (b) proceedings under section 16 or 17 of that Act (community service orders); and (c) proceedings under section 23(1) or 27 of that Act for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order.

50

In Schedule 23 to the Social Security Act 1973 (proceedings for offences etc.), in paragraph 11(1), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

Schedule 6

Deferment of sentence.

Discharge

1A

(1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—

(a) discharging him absolutely; or

(b) if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified in the order.

(1A) Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings).

(2) An order discharging a person subject to such a condition is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.

(3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

(4) Where, under the following provisions of this Part of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

(5) The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

1B

(1) If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that a person in whose case an order for conditional discharge has been made—

(a) has been convicted by a court in any part of Great Britain of an offence committed during the period of conditional discharge; and

(b) has been dealt with in respect of that offence,

that court or justice may, subject to subsection (3) below, issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest.

(2) Jurisdiction for the purposes of subsection (1) above may be exercised—

(a) if the order for conditional discharge was made by the Crown Court, by that court;

(b) if the order was made by a magistrates’ court, by a justice acting for the petty sessions area for which that court acts.

(3) A justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.

(4) A summons or warrant issued under this section shall direct the person to whom it relates to appear or to be brought before the court by which the order for conditional discharge was made.

(5) If a person in whose case an order for conditional discharge has been made by the Crown Court is convicted by a magistrates’ court of an offence committed during the period of conditional discharge, the magistrates’ court—

(a) may commit him to custody or release him on bail until he can be brought or appear before the Crown Court; and

(b) if it does so, shall send to the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the clerk of the court by whom the register is kept.

(6) Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with him, for the offence for which the order was made, in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.

(7) If a person in whose case an order for conditional discharge has been made by a magistrates’ court—

(a) is convicted before the Crown Court of an offence committed during the period of conditional discharge; or

(b) is dealt with by the Crown Court for any such offence in respect of which he was committed for sentence to the Crown Court,

the Crown Court may deal with him, for the offence for which the order was made, in any manner in which the magistrates’ court could deal with him if it had just convicted him of that offence.

(8) If a person in whose case an order for conditional discharge has been made by a magistrates’ court is convicted by another magistrates’ court of any offence committed during the period of conditional discharge, that other court may, with the consent of the court which made the order, deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if it had just convicted him of that offence.

(9) Where an order for conditional discharge has been made by a magistrates’ court in the case of an offender under eighteen years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (6), (7) or (8) above by that or any other court in respect of the offender after he has attained the age of eighteen years shall be powers to do either or both of the following—

(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

(b) to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1C

(1) Subject to subsection (2) below and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980, a conviction of an offence for which an order is made under this Part of this Act discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than—

(a) the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 1B of this Act; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the offender was of or over eighteen years of age at the time of his conviction of the offence in question and is subsequently sentenced under this Part of this Act for that offence, subsection (1) above shall cease to apply to the conviction.

(3) Without prejudice to the preceding provisions of this section, the conviction of an offender who is discharged absolutely or conditionally under this Part of this Act shall in any event be disregarded for the purposes of any enactment or instrument which—

(a) imposes any disqualification or disability upon convicted persons; or

(b) authorises or requires the imposition of any such disqualification or disability.

(4) The preceding provisions of this section shall not affect—

(a) any right of any offender discharged absolutely or conditionally under this Part of this Act to rely on his conviction in bar of any subsequent proceedings for the same offence; or

(b) the restoration of any property in consequence of the conviction of any such offender; or

(c) the operation, in relation to any such offender, of any enactment or instrument in force at the commencement of this Act which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.

(5) In this section “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

Probation

4A

(1) Without prejudice to the generality of section 2(3) above, the power conferred by that subsection includes power, subject to the provisions of this section, to require the probationer—

(a) to present himself to a person or persons specified in the order at a place or places so specified;

(b) to participate or refrain from participating in activities specified in the order—

(i) on a day or days so specified; or

(ii) during the probation period or such portion of it as may be so specified.

(2) A court shall not include in a probation order a requirement such as is mentioned in subsection (1) above unless it has first consulted a probation officer as to—

(a) the offender’s circumstances; and

(b) the feasibility of securing compliance with the requirements, and is satisfied, having regard to the probation officer’s report, that it is feasible to secure compliance with them.

(3) A court shall not include a requirement such as is mentioned in subsection (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the probationer and the probation officer responsible for his supervision unless that other person consents to its inclusion.

(4) A requirement such as is mentioned in subsection (1)(a) above shall operate to require the probationer—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place for not more than 60 days; and

(b) while there, to comply with instructions given by, or under the authority of, the person in charge of the place.

(5) A place specified in the order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

(6) A requirement to participate in activities shall operate to require the probationer—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to participate in the activities for not more than 60 days; and

(b) while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(7) Instructions given by a probation officer under subsection (4) or (6) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends or other educational establishment.

4B

(1) Without prejudice to the generality of sections 2(3) and 4A above, the power conferred by section 2(3) above includes power, subject to the provisions of this section, to require the probationer during the probation period to attend at a day centre specified in the order.

(2) A court shall not include such a requirement in a probation order unless—

(a) it has consulted a probation officer; and

(b) it is satisfied—

(i) that arrangements can be made for the probationer’s attendance at a centre; and

(ii) that the person in charge of the centre consents to the inclusion of the requirement.

(3) A requirement under subection (1) above shall operate to require the probationer—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

(b) while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

(4) Instructions given by a probation officer under subsection (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.

(5) References in this section to attendance at a day centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(6) In this section “day centre” means premises at which non-residential facilities are provided for use in connection with the rehabilition of offenders and which—

(a) are provided by a probation committee; or

(b) have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

Probation and discharge

Community service orders relating to persons residing in Scotland or Northern Ireland

17A

17B

17C

20A

34A

(1) Where—

(a) the Crown Court imposes a fine on a person or forfeits his recognizance;

(b) the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs);

(c) the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) . . . or

(cc) the Crown Court makes an order against a person under section 35 of this Act;

(d) on the determination of an appeal brought by a person under section 83 of the Magistrates’ Courts Act 1952 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,

then, if that person is before it, the Crown Court may order him to be searched.

(2) Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.

43A

(1) Where a court makes an order under section 43 above in a case where—

(a) the offender has been convicted of an offence which has resulted in a person suffering personal injury, loss or damage; or

(b) any such offence is taken into consideration by the court in determining sentence,

the court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.

(2) The court may only make an order under this section if it is satisfied that but for the inadequacy of the means of the offender it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(3) An order under this section has no effect—

(a) before the end of the period specified in section 43(4)(a) above; or

(b) if a successful application under section 1(1) of the Police (Property) Act 1897 has been made.

Application to Scotland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A

Schedule 1A

Requirements as to residence

1

(1) Subject to sub-paragraphs (2) and (3) below, a probation order may include requirements as to the residence of the offender.

(2) Before making a probation order containing any such requirement, the court shall consider the home surroundings of the offender.

(3) Where a probation order requires the offender to reside in an approved hostel or any other institution, the period for which he is so required to reside shall be specified in the order.

Requirements as to activities etc.

2

(1) Subject to the provisions of this paragraph, a probation order may require the offender—

(a) to present himself to a person or persons specified in the order at a place or places so specified;

(b) to participate or refrain from participating in activities specified in the order—

(i) on a day or days so specified; or

(ii) during the probation period or such portion of it as may be so specified.

(2) A court shall not include in a probation order a requirement such as is mentioned in sub-paragraph (1) above unless—

(a) it has consulted a probation officer; and

(b) it is satisfied that it is feasible to secure compliance with the requirement.

(3) A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the offender and the probation officer responsible for his supervision, unless that other person consents to its inclusion.

(4) A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place or places for not more than 60 days in the aggregate; and

(b) while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.

(5) A place specified in an order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

(6) A requirement to participate in activities shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to participate in activities for not more than 60 days in the aggregate; and

(b) while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

(7) Instructions given by a probation officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the Criminal Justice Act 1991) to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

Requirements as to attendance at probation centre

3

(1) Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.

(2) A court shall not include such a requirement in a probation order unless—

(a) it has consulted a probation officer; and

(b) it is satisfied—

(i) that arrangements can be made for the offender’s attendance at a centre; and

(ii) that the person in charge of the centre consents to the inclusion of the requirement.

(3) A requirement under sub-paragraph (1) above shall operate to require the offender—

(a) in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

(b) while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

(4) Instructions given by a probation officer under sub-paragraph (3) above shall, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the Criminal Justice Act 1991) to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(5) References in this paragraph to attendance at a probation centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

(6) The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

(7) In this paragraph “probation centre” means premises—

(a) at which non-residential facilities are provided for use in connection with the rehabilitation of offenders; and

(b) which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to probation orders.

Extension of requirements for sexual offenders

4

(1) If the court so directs in the case of an offender who has been convicted of a sexual offence—

(a) sub-paragraphs (4) and (6) of paragraph 2 above; and

(b) sub-paragraph (3) of paragraph 3 above,

shall each have effect as if for the reference to 60 days there were substituted a reference to such greater number of days as may be specified in the direction.

(2) In this paragraph “sexual offence” has the same meaning as in Part I of the Criminal Justice Act 1991.

Requirements as to treatment for mental condition etc.

5

(1) This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the offender—

(a) is such as requires and may be susceptible to treatment; but

(b) is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.

(2) The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part or parts of that period as may be specified in the order, to treatment by or under the direction of a registered medical practitioneror a chartered psychologist (or both, for different parts) with a view to the improvement of the offender’s mental condition.

(3) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident patient in a mental hospital;

(b) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(c) treatment by or under the direction of such registered medical practitioneror chartered psychologist (or both) as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—

(a) it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(b) the offender has expressed his willingness to comply with such a requirement.

(5) While the offender is under treatment as a resident patient in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(6) Where the medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated for his mental condition in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioneror chartered psychologist,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(7) Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.

(8) Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

(a) the medical practitioner or chartered psychologist by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

(9) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

(10) In this paragraph “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983;“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists; and“mental hospital” means a hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Registered Homes Act 1984, not being a special hospital within the meaning of the National Health Service Act 1977.

Requirements as to treatment for drug or alcohol dependency

6

(1) Subject to sub-paragraph (1A) below,This paragraph applies where a court proposing to make a probation order is satisfied—

(a) that the offender is dependent on drugs or alcohol;

(b) that his dependency caused or contributed to the offence in respect of which the order is proposed to be made; and

(1A) If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words “drugs or", in each place where they occur, were omitted.

(2) The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on drugs or alcohol.

(3) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident in such institution or place as may be specified in the order;

(b) treatment as a non-resident in or at such institution or place as may be so specified; and

(c) treatment by or under the direction of such person having the necessary qualifications or experience as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless—

(a) it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(b) the offender has expressed his willingness to comply with such a requirement.

(5) While the offender is under treatment as a resident in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(6) Where the person by whom or under whose direction an offender is being treated for dependency on drugs or alcohol in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the offender will be given by or under the direction of a person having the necessary qualifications or experience,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

(a) the person by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

(9) In this paragraph the reference to the offender being dependent on drugs or alcohol includes a reference to his having a propensity towards the misuse of drugs or alcohol, and references to his dependency on drugs or alcohol shall be construed accordingly.

Interpretation

7

In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Probation liaison committees

Co-option of members of probation and after-care committees and probation liaison comittee

6A

Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.

6B

(1) The Secretary of State may by order provide that the probation committee for any probation areas shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.

(2) An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.

(3) Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—

(a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorites are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;

(b) may provide for the procedure for co-opting persons to be followed by a committee;

(c) may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and

(d) may disqualify persons of specified descriptions from being co-opted.

(4) An order under this paragraph may make different provision for different committees.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of grants in prescribed cases

12A

A probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.

Limits on sums payable under paragraphs 15 and 16

16A

(1) Nothing in paragraph 15 or 16 above shall require a local authority to defray any sums which would cause its expenditure in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State under section 51(3A)(b) of this Act.

(2) Nothing in paragraph 16 above shall require there to be paid out of the metropolitan police fund any sums which would cause the expenditure out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being so determined.

(3) In this paragraph “expenditure” means expenditure under this Schedule.

Conditions of service of probation officers

18A

The conditions of service of probation officers . . . shall be such as the Secretary of State may from time to time determine.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Summary Juristiction (Scotland) Act 1954

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes

[^c11213421]: Power to apply Act conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(3)(b)(i), Sch. 8 para. 16

[^c11213431]: Act extends to England and Wales with exceptions, see ss. 58, 59.

[^c11213441]: Act applied (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. III, para. 11(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

[^c11213451]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1, it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references, in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts Act modified (1.1.1998 so far as relating to community service orders) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art. 3(a).

[^c11213751]: S. 1 restricted (26.6.2000) by 1999 c. 23, s. 4(7) (with Sch. 7 para. 3(3), 5(2)); S. I. 2000/1587, art. 2

[^c11213761]: Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(a)

[^c11213771]: Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

[^c11213781]: Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(b)

[^c11213791]: Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(i)

[^c11213801]: S. 1(4A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12

[^c11213811]: Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(ii)

[^c11213821]: Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(c)(iii)

[^c11213841]: S. 1(6)(6A) substituted for s. 1(6) by Criminal Law Act 1977 (c. 45), Sch. 12

[^c11213851]: Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 119

[^c11213871]: Words in s. 1(6) substituted (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 13(1); S.I. 1998/2327, art. 2(1)(w)(with arts. 5-8)

[^c11213881]: Word substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 119

[^c11213891]: S. 1(8)(8A) substituted for s. 1(8) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 63(d)

[^c11213901]: S. 1(8)(a) substituted (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 13(2); S.I. 1998/2327, art. 2(1)(w)(with arts. 5-8)

[^c11213911]: Words in s. 1(8)(b)(8A) repealed (1.4.2000) by 1998 c. 37, ss. 120(2), Sch.10; S.I. 1999/3426, art. 3(c)(ii)

[^c11214491]: S. 2 modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. I, para. 1(1) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

[^c11214501]: S. 2 modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. I, para. 2(1) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

[^c11214511]: S. 2 applied (1.10.1992) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 188(4), 389(4) (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 16, Sch. 3, Pt. II, para. 7(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)

[^c11214521]: S. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 8(1), 101(1), Sch. 12 para. 1 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

[^c11214531]: Words in s. 2(1) inserted (1.10.1997 so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2) and 1.12.1999 to the extent not already in force) by 1997 c. 43, s. 55(2), Sch. 4 para. 8(2); S.I. 1997/2200, art. 2(2)(d); S.I. 1999/3096, art. 2(d)(e)

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