Criminal Justice Act 1982

Part I — Treatment of Young Offenders

Custody and detention of persons under 21

General restriction on custodial sentences

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) 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.

Social inquiry reports etc.

2

Restriction on imposing custodial sentences on persons under 21 not legally represented

3

Orders for detention of male offenders aged 14 to 20

4

Consecutive terms and aggregate periods of detention

5

• (1) 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.

• (2) No court shall—

• (a) make a detention centre order in respect of an offender who is subject to another such order ; or

• (b) give a direction under subsection (1) above,

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.

• (3) 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.

• (4) 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.

• (5) Where

• (a) an offender not less than 15 years of age is serving a term of detention in a detention centre ; and

• (b) 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

• (c) 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,

the sentence that the court is to pass is a youth custody sentence for the term which it considers appropriate.

• (6) 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.

• (7) 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.

Youth custody: offenders aged 15 to 20

6

• (1) Subject to section 8 below and to section 53 of the Children and Young Persons Act 1933, where—

• (a) 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

• (b) 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

• (c) either—

• (i) 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

• (ii) the case falls within subsection (2) or (4) below,

the sentence that the court is to pass is a sentence of youth custody.

• (2) A case falls within this subsection where the offender is male and the court determines—

• (a) that a sentence of 4 months or less would be appropriate ; but

• (b) that a detention centre order is precluded by section 4(5) above.

• (3) 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.

• (4) A case falls within this subsection if the offender is female and has attained the age of 17 years.

• (5) A sentence under this section is referred to in this Act as a " youth custody sentence ".

Youth custody: length of term

7

• (1) 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.

• (2) Subject to subsection (8) below, where—

• (a) an offender is convicted of more than one offence for which he is liable to a sentence of youth custody ; or

• (b) 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,

the court shall have the same power to pass consecutive youth custody sentences as if they were sentences of imprisonment.

• (3) Where an offender who—

• (a) is serving a youth custody sentence ; and

• (b) is aged over 21 years,

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.

• (4) 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.

• (5) The usual term of youth custody is a term exceeding 4 months.

• (6) 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.

• (7) A court may pass a sentence of youth custody for less than 21 days for an offence under section 15(11) below.

• (8) 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) 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

• (b) so much of any such term for which such an offender is sentenced as exceeds 12 months shall be treated as remitted.

• (9) In subsections (4) and (8)(a) above " total term " means—

• (a) 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 ;

• (b) in the case of any other offender, the term of the youth custody sentence in question.

Custody for life

8

Detention of persons aged 17 to 20 for default or contempt

9

Computation of custodial sentences for young offenders

10

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)—

(5) This section applies— (a) to orders made under section 4 of the Criminal Justice Act 1982 (detention centre orders); and (b) to sentences passed by virtue of section 6 of the Criminal Justice Act 1982 (youth custody sentences), as it applies to sentences of imprisonment. (6) The reference in subsection (1) above to an offender being committed to custody by an order of a court includes a reference to his being committed to a remand centre or to prison under section 23 of the Children and Young Persons Act 1969 or section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being committed to the care of a local authority under the said section 23.

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Accommodation of young offenders

Provision of premises for young offenders etc.

11

The following section shall be substituted for section 43 of the Prison Act 1952—

(43) (1) The Secretary of State may provide— (a) remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence; (b) detention centres, that is to say places in which male offenders not less than 14 but under 21 years of age who are ordered to be detained in such centres under the Criminal Justice Act 1982 may be kept for short periods under discipline suitable to persons of their age and description; and (c) youth custody centres, that is to say places in which offenders not less than 15 but under 21 years of age may be detained and given training, instruction and work and prepared for their release. (2) The Secretary of State may from time to time direct— (a) that a woman aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default shall be detained in a remand centre or a youth custody centre instead of a prison; (b) that a woman aged 21 years or over who is remanded in custody or committed in custody for trial or sentence shall be detained in a remand centre instead of a prison; (c) that a person under 21 but not less than 17 years of age who is remanded in custody or committed in custody for trial or sentence shall be detained in a prison instead of a remand centre or a remand centre instead of a prison, notwithstanding anything in section 27 of the Criminal Justice Act 1948 or section 23(3) of the Children and Young Persons Act 1969. (3) Notwithstanding subsection (1) above, any person required to be detained in an institution to which this Act applies may be detained in a remand centre for any temporary purpose or for the purpose of providing maintenance and domestic services for that centre. (4) Sections 5A, 6(2) and (3), 16, 22, 25 and 36 of this Act shall apply to remand centres, detention centres and youth custody centres and to persons detained in them as they apply to prisons and prisoners. (5) The other provisions of this Act preceding this section, except sections 28 and 37(2) above, shall apply to such centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State. (6) References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including references to detention in those institutions. (7) Nothing in this section shall be taken to prejudice the operation of section 12 of the Criminal Justice Act 1982.

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Accommodation of young offenders and defaulters etc.

12

Provisions supplementary to sections 1 to 12

Conversion of sentence of youth custody to sentence of imprisonment

13

Power to make certain alterations by order

14

Release of young offenders

15

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Attendance centres

Provision, regulation and management of attendance centres

16

Attendance centre orders

17

Discharge and variation of attendance centre orders

18

Breaches of attendance centre orders or attendance centre rules

19

Supervision orders

Requirements in supervision orders

20

Provision of supervision facilities

21

Offences by person subject to care order owing to previous offence

Charge and control of offenders

22

Care orders and children in care

Criteria for making care orders

23

Restriction on making care orders in respect of persons not legally represented

24

Restriction of liberty of children in care

25

Sanctions against parents and guardians

Payment of fines by parents and guardians

26

Compensation

27

Increase of limit on amount of recognisance to be taken from parents and guardians

28

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Part II — Partial Suspension of Sentences, Early Release, Release on Licence or Bail etc.

Bail

Power of Crown Court to grant bail pending appeal

29

• (1) In section 81 of the Senior Courts Act 1981 —

• (a) 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 (f) to whom the Crown Court has granted a certificate under section 1(2) or 11(1A) of the Criminal Appeal Act 1968 or under subsection (1B) below;

;

• (b) the following subsections shall be inserted after that subsection—

(1A) The power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the Criminal Appeal Act 1968 (appeal against verdict of not guilty by reason of insanity or against finding of disability) applies. (1B) A certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone. (1C) The power conferred by subsection (1)(f) is to be exercised— (a) where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968, by the judge who tried the case; and (b) where it is under section 10 of that Act, by the judge who passed the sentence. (1D) The power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order. (1E) The power may not be exercised if the appellant has made an application to the Court of Appeal for bail in respect of the offence or offences to which the appeal relates. (1F) It shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the Criminal Appeal Act 1968— (a) such a notice shall be so lodged within the period specified in subsection (2) of that section; and (b) not later than 14 days from the end of that period, the appellant shall lodge with the Crown Court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period. (1G) If the Crown Court grants bail to a person in the exercise of the power, it may direct him to appear— (a) if a notice of appeal is lodged within the period specified in section 18(2) of the Criminal Appeal Act 1968 at such time and place as the Court of Appeal may require; and (b) if no such notice is lodged within that period, at such time and place as the Crown Court may require.

.

• (2) In the Criminal Appeal Act 1968—

• (a) in section 11—

• (i) in subsection (1), for the word “An" there shall be substituted the words “Subject to subsection (1A) below, an"; and

• (ii) the following subsection shall be inserted after that subsection—

(1A) If the judge who passed the sentence grants a certificate that the case is fit for appeal under section 9 or 10 of this Act, an appeal lies under this section without the leave of the Court of Appeal.

;

• (b) the following section shall be substituted for section 19—

(19) (1) The Court of Appeal may, if they think fit,— (a) grant an appellant bail pending the determination of his appeal; or (b) revoke bail granted to an appellant by the Crown Court under paragraph (f) of section 81(1) of the Supreme Court Act 1981; or (c) vary the conditions of bail granted to an appellant in the exercise of the power conferred by that paragraph. (2) The powers conferred by subsection (1) above may be exercised— (a) on the application of an appellant; or (b) if it appears to the registrar of criminal appeals of the Court of Appeal (hereafter referred to as “the registrar”) that any of them ought to be exercised, on a reference to the court by him.

;

• (c) the following paragraph shall be substituted for section 31(2)(e)—

(e) to exercise the powers conferred by section 19 of this Act;

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• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentences

Prison sentence partly served and partly suspended

30

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Activation of suspended sentence

31

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Early release

Early release of prisoners

32

• (1) The Secretary of State may order that persons of any class specified in the order who are serving a sentence of imprisonment, other than—

• (a) imprisonment for life , imprisonment for public protection , a serious terrorism sentence ... or an extended sentence ...; or

• (b) imprisonment to which they were sentenced—

• (i) for an excluded offence;

• (ii) for attempting to commit such an offence;

• (iii) for conspiracy to commit such an offence; or

• (iv) for aiding or abetting, counselling, procuring or inciting the commission of such an offence, or

• (c) 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—

• (i) an excluded offence;

• (ii) an attempt to commit an excluded offence;

• (iii) conspiracy to commit an excluded offence; or

• (iv) aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,