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Criminal Justice Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2022-06-28

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

Part I — Powers of Courts to deal with Offenders

Custodial sentences

Restrictions on imposing custodial sentences

1

Length of custodial sentences

2

Procedural requirements for custodial sentences

3

Additional requirements in the case of mentally disordered offenders

4

Suspended and extended sentences of imprisonment

5

Community sentences

Restrictions on imposing community sentences

6

Procedural requirements for community sentences

7

Probation and community service orders

Probation orders

8

Additional requirements which may be included in such orders

9

Community service orders

10

Orders combining probation and community service

11

Curfew orders

12

Electronic monitoring of curfew orders

13

Orders: supplemental

Enforcement etc. of community orders

14

Regulation of community orders

15

Reciprocal enforcement of certain orders

16

Schedule 3 to this Act shall have effect for making provision for and in connection with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales.

Financial penalties

Increase of certain maxima

17

(1) In section 37 (standard scale of fines) of the Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—

(2) The standard scale is shown below—

Level on the scale	Amount of fine
1	£200
2	£500
3	£1,000
4	£2,500
5	£5,000

(2) Part I of the Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—

(a) in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) . . ., for “£400” there shall be substituted “£1,000”;

(b) in section 24(4) (maximum fine on summary conviction of child for indictable offence) . . ., for “£100” there shall be substituted “£250”; and

(c) in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;

and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.

(3) Schedule 4 to this Act shall have effect as follows—

(a) in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;

(b) in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;

(c) in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;

(d) the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixing of certain fines by reference to units

18

Fixing of fines in other cases

19

Statements as to offenders' means

20

Financial penalties: supplemental

Remission of fines fixed under section 18

21

Default in paying fines fixed under that section

22

Default in other cases

23

(1) In the Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months

(2) For the Table in section 407(1A) of the Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

Amount of fine or caution	Maximum period of imprisonment
An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months
An amount exceeding £5,000 but not exceeding £10,000	6 months
An amount exceeding £10,000 but not exceeding £20,000	12 months
An amount exceeding £20,000 but not exceeding £50,000	18 months
An amount exceeding £50,000 but not exceeding £100,000	2 years
An amount exceeding £100,000 but not exceeding £250,000	3 years
An amount exceeding £250,000 but not exceeding £1 million	5 years
An amount exceeding £1 million	10 years.

(3) In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

Recovery of fines etc. by deductions from income support

24

(1) The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance

(a) the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit, in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit; and

(b) the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

(2) The regulations may include—

(a) provision that, before making an application, the court shall make an enquiry as to the offender’s means;

(aa) provision that the court may require the offender to provide prescribed information in connection with an application;

(b) provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;

(d) provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance do not fall below prescribed figures);

(e) provision as to the circumstances in which the Secretary of State is to cease making deductions;

(f) provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

(g) provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) In subsection (1) above—

(a) the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and

(b) the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

(c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).

(3A) This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.

(3B) This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.

(4) In this section—

“fine” includes—(a) a penalty imposed under section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);(b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty); (ba) a charge ordered to be paid under section 46 of the Sentencing Code (criminal courts charge); (c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

“income support” means income support within the meaning of the Social Security Act 1986, either alone or together with any ... incapacity benefit, or retirement pension which is paid by means of the same instrument of payment;

“prescribed” means prescribed by regulations made by the Secretary of State.

“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

(5) In the application of this section to Scotland—

(a) references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

(b) in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 211(4) of the Criminal Procedure (Scotland) Act 1995, as having been so imposed; and (b) the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 252 of the Criminal Procedure (Scotland) Act 1995, as having been so made.

Miscellaneous

Committals for sentence

25

Alteration of certain penalties

26

(1) In section 7 of the Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

(2) For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding— (a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years; (b) in any other case, ten years. (4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

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

(4) In section 51(4) of the Criminal Law Act 1977 (penalties for bomb hoaxes)—

(a) in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and

(b) in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.

(5) The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.

Treatment of offenders under 1983 Act

27

(1) After section 39 of the 1983 Act there shall be inserted the following section—

(39A) Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate— (a) to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and (b) if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below; and that authority shall comply with any such request.

(2) After section 54 of that Act there shall be inserted the following section—

(54A) (1) The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above. (2) An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.

(3) In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.

Supplemental

Savings for mitigation and mentally disordered offenders

28

Effect of previous convictions etc

29

Rules, regulations and orders

30

(1) Any power of the Secretary of State . . . to make rules, regulations or orders under this Part—

(a) shall be exercisable by statutory instrument; and

(b) shall include power to make different provision for different cases or classes of case.

(2) A statutory instrument containing any rules, regulations or order under this Part . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part I

31

Part II — Early Release of Prisoners

Preliminary

The Parole Board

32

(1) The Parole Board shall be, by that name, a body corporate and as such shall .

(a) be constituted in accordance with this Part; and

(b) have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.

(2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.

(3) The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of—

(a) any documents given to it by the Secretary of State; and

(b) any other oral or written information obtained by it,

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.

(4) The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it.

(5) Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II; and in giving any such directions the Secretary of State shall in particular have regard to—

(a) the need to protect the public from serious harm from offenders; and

(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

(7) Schedule 5 to this Act shall have effect with respect to the Board.

New arrangements for early release

Duty to release short-term and long-term prisoners

33

(1) As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—

(a) to release him unconditionally if that sentence is for a term of less than twelve months; and

(b) to release him on licence if that sentence is for a term of twelve months or more.

(2) As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.

(3) As soon as a short-term or long-term prisoner who—

(a) has been released on licence under this Part; and

(b) has been recalled to prison under section 39(1) or (2) below,

would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence.

(3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).

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

(5) In this Part—

“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;

“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.

Duty to release discretionary life prisoners

34

Power to release long-term and life prisoners

35

(1) After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.

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

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

Power to release prisoners on compassionate grounds

36

(1) The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

(2) Before releasing a long-term . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.

Duration and conditions of licences

37

(1) Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to . . . any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.

(1A) Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.

(1B) Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

(a) that proportion of his sentence; and

(b) the duration of the curfew condition to which he is or was subject.

(2) Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

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

(4) A person subject to a licence under this Part shall comply with such conditions . . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

(4A) The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

(a) an officer of a local probation board appointed for or assigned to the petty sessions area within which the person resides for the time being; or

(b) where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

(5) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.

(6) For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

(7) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Misbehaviour after release

Breach of licence conditions by short-term prisoners

38

Recall of long-term and life prisoners while on licence

39

(1) If recommended to do so by the Board in the case of a short-term or long-term . . . prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.

(3) A person recalled to prison under subsection (1) or (2) above—

(a) may make representations in writing with respect to his recall; and

(b) on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

(4) The Secretary of State shall refer to the Board—

(a) the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and

(b) the case of a person recalled under subsection (2) above.

(5) Where on a reference under subsection (4) above the Board—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) recommends in the case of any . . . person,

his immediate release on licence under this section, the Secretary of State shall give effect to the . . . recommendation.

(5A) In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.

(6) On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

Convictions during currency of original sentences

40

Remand time and additional days

Remand time to count towards time served

41

(1) This section applies to any person whose sentence falls to be reduced under section 67 of the Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).

(2) For the purpose of determining for the purposes of this Part—

(a) whether a person to whom this section applies has served one-half or two-thirds of his sentence; or

(b) whether such a person would (but for his release) have served three-quarters of that sentence,

the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.

(3) Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—

(a) one-quarter of his sentence in the case of a short-term prisoner; or

(b) one-twelfth of his sentence in the case of a long-term prisoner.

Additional days for disciplinary offences

42

(1) Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—

(a) to short-term or long-term prisoners; or

(b) conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

(2) Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

(a) any period which he must serve before becoming entitled to or eligible for release under this Part;

(aa) any period which he must serve before he can be removed under section 46A below;and

(b) any period for which a licence granted to him under this Part remains in force,

shall be extended by the aggregate of those additional days.

Special cases

Young offenders

43

(1) Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000, as it applies to persons serving equivalent sentences of imprisonment.

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

(3) References in this Part to prisoners . . ., or to prison or imprisonment, shall be construed in accordance with subsection (1). . . above.

(4) In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—

(a) to release him unconditionally if his sentence is for a term of twelve months or less; and

(b) to release him on licence if that sentence is for a term of more than twelve months.

(5) In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4A) above shall have effect as if the reference to supervision by an officer of a local probation board included a reference to supervision by a social worker of a local authority . . . .

Sexual offenders

44

(1) This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of Criminal (Sentencing) Act 2000.

(2) Subject to the provisions of this section and section 51(2D) below, this Part, except section 40A, shall have effect as if the term of the extended sentence did not include the extension period.

(3) Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(4) Where, apart from this subsection, the prisoner would be released unconditionally—

(a) he shall be released on licence; and

(b) the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

(5) The extension period shall be taken to begin as follows—

(a) for the purposes of subsection (3) above, on the date given by section 37(1) above;

(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.

(6) Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.

(7) For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.

(8) In this section “extension period” has the same meaning as in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.

Fine defaulters and contemnors

45

(1) Subject to subsection (2) below, this Part (except sections 33A, 34A and 35 above) applies to persons committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a) in default of payment of a sum adjudged to be paid by a conviction; or

(b) for contempt of court or any kindred offence,

as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.

(2) In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.

(3) In section 33 above, for subsections (1) to (3) there shall be substituted the following subsections—

(1) As soon as a person committed as mentioned in section 45(1) below has served the appropriate proportion of his term, that is to say— (a) one-half, in the case of a person committed for a term of less than twelve months; (b) two-thirds, in the case of a person committed for a term of twelve months or more, it shall be the duty of the Secretary of State to release him unconditionally. (2) As soon as a person so committed who— (a) has been released on licence under section 36(1) below; and (b) has been recalled under section section 39(1) or (2) below, would (but for his release) have served the appropriate proportion of his term, it shall be the duty of the Secretary of State to release him unconditionally.

(4) In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—

(1) Where a person committed as mentioned in section 45(1) below is released on licence under section 36(1) above, the licence shall, subject to— (a) . . . (b) any revocation under section section 39(1) or (2)below, continue in force until the date on which he would (but for his release) have served the appropriate proportion of his term; and in this subsection “appropriate proportion” has the meaning given by section 33(1) above.

Persons liable to removal from the United Kingdom

46

(1) In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.

(2) In relation to a person who is liable to removal from the United Kingdom, section 37 above shall have effect as if subsection (4A) were omitted .

(3) A person is liable to removal from the United Kingdom for the purposes of this section if—

(a) he is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

(b) he is liable to deportation under section 3(6) of that Act;

(d) he is an illegal entrant within the meaning of section 33(1) of that Act. or

(e) he is liable to removal under section 10 of the Immigration and Asylum Act 1999

Persons extradited to the United Kingdom

47

(1) A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

(a) he was tried for the offence in respect of which his sentence was imposed—

(i) after having been extradited to the United Kingdom; and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom; and

(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.

(2) If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

(3) The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

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

Life prisoners transferred to England and Wales

48

(1) This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—

(a) he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and

(b) the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,

the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(2) In a case to which this section applies, this Part except section 35(2) above shall apply as if—

(a) the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and

(b) the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.

(3) In this section “transferred life prisoner” means a person—

(a) on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b) who has been transferred to England and Wales, in pursuance of—

(i) an order made by the Secretary of State under section 26 of the Criminal Justice Act 1961 or section 2 of the Colonial Prisoners Removal Act 1884; or

(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984,

there to serve his sentence or sentences or the remainder of his sentence or sentences.

(4) A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

Supplemental

Alteration by order of relevant proportions of sentences

49

(1) The Secretary of State may by order made by statutory instrument provide—

(a) that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;

(b) that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.

(2) An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

(3) No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

Transfer by order of certain functions to Board

50

(1) The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections (2) or (3) below shall have effect subject to the modifications so specified.

(2) In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).

(3) In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.

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

(5) No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

Interpretation of Part II

51

(1) In this Part—

“the Board” means the Parole Board;

. . .

. . .

“long-term prisoner” and “short-term prisoner” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above);

“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.

“sexual offence” and “violent offence” have the same meanings as in the Powers of Criminal Courts (Sentencing) Act 2000.

(2) For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

(a) the sentences were passed on the same occasion; or

(b) where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

(2A) Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.

(2B) Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—

(a) nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;

(b) nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;

(c) on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall—

(a) require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or

(b) require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.

(2D) Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000) included the extension period (within the meaning of that section).

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

(4) Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.

Part III — Children and Young Persons

Children’s evidence

Competence of children as witnesses

52

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

Notices of transfer in certain cases involving children

53

(1) If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—

(a) that the evidence of the offence would be sufficient for the person charged to be committed for trial;

(b) that a child who is alleged—

(i) to be a person against whom the offence was committed; or

(ii) to have witnessed the commission of the offence,

will be called as a witness at the trial; and

(c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,

a notice (“notice of transfer”) certifying that opinion may be given by or to behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

(2) A notice of transfer shall be given before the magistrates’ court begins to inquire into the case as examining justices.

(3) On the giving of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(4) The decision to give a notice of transfer shall not be subject to appeal or liable to be questioned in any court.

(5) Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.

(6) In this section “child” means a person who—

(a) in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or

(b) in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.

(7) Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

(8) This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.

Video recordings of testimony from child witnesses

54

After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—

(32A) (1) This section applies in relation to the following proceedings, namely— (a) trials on indictment for any offence to which section 32(2) above applies; (b) appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968 in respect of any such offence; and (c) proceedings in youth courts for any such offence and appeals to the Crown Court arising out of such proceedings. (2) In any such proceedings a video recording of an interview which— (a) is conducted between an adult and a child who is not the accused or one of the accused (“the child witness”); and (b) relates to any matter in issue in the proceedings, may, with the leave of the court, be given in evidence in so far as it is not excluded by the court under subsection (3) below. (3) Where a video recording is tendered in evidence under this section, the court shall (subject to the exercise of any power of the court to exclude evidence which is otherwise admissible) give leave under subsection (2) above unless— (a) it appears that the child witness will not be available for cross-examination; (b) any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court; or (c) the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted; and where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded. (4) In considering whether any part of a recording ought to be excluded under subsection (3) above, the court shall consider whether any prejudice to the accused, or one of the accused, which might result from the admission of that part is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview. (5) Where a video recording is admitted under this section— (a) the child witness shall be called by the party who tendered it in evidence; (b) that witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony. (6) Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed by the recording shall be treated as if given by that witness in direct oral testimony; and accordingly— (a) any such statement shall be admissible evidence of any fact of which such testimony from him would be admissible; (b) no such statement shall be capable of corroborating any other evidence given by him; and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn (as to its accuracy or otherwise). (7) In this section “child” means a person who— (a) in the case of an offence falling within section 32(2)(a) or (b) above, is under fourteen years of age or, if he was under that age when the video recording was made, is under fifteen years of age; or (b) in the case of an offence falling within section 32(2)(c) above, is under seventeen years of age or, if he was under that age when the video recording was made, is under eighteen years of age. (8) Any reference in subsection (7) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) above includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph. (9) In this section— - “statement” includes any representation of fact, whether made in words or otherwise; - “video recording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track. (10) A magistrates’ court inquiring into an offence as examining justices under section 6 of the Magistrates’ Courts Act 1980 may consider any video recording as respects which leave under subsection (2) above is to be sought at the trial, notwithstanding that the child witness is not called at the committal proceedings. (11) Without prejudice to the generality of any enactment conferring power to make rules of court, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section. (12) Nothing in this section shall prejudice the admissibility of any video recording which would be admissible apart from this section.

Further amendments of enactments relating to children’s evidence

55

(1) In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—

(5) In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.

(2) In subsection (1) of section 32 of the 1988 Act (evidence through television links)—

(a) for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and

(b) for paragraph (b) there shall be substituted the following paragraph—

(b) the witness is a child, or is to be cross-examined following the admission under section 32A below of a video recording of testimony from him, and the offence is one to which subsection (2) below applies,

(3) After that subsection there shall be inserted the following subsection—

(1A) This subsection applies— (a) to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968; and (b) to proceedings in youth courts and appeals to the Crown Court arising out of such proceedings.

(4) After subsection (3) of that section there shall be inserted the following subsections—

(3A) Where, in the case of any proceedings before a youth court— (a) leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and (b) suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit, the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts. (3B) A place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.

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

(6) After subsection (5) of that section there shall be inserted the following subsection—

(6) Subsection (7) of section 32A below shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.

(7) After section 34 of the 1988 Act there shall be inserted the following section—

(34A) (1) No person who is charged with an offence to which section 32(2) above applies shall cross-examine in person any witness who— (a) is alleged— (i) to be a person against whom the offence was committed; or (ii) to have witnessed the commission of the offence; and (b) is a child, or is to be cross-examined following the admission under section 32A above of a video recording of testimony from him. (2) Subsection (7) of section 32A above shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the references to a person being, in the cases there mentioned, under the age of fifteen years or under the age of eighteen years.

Responsibilities of parent or guardian

Attendance at court of parent or guardian

56

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—

(34A) (1) Where a child or young person is charged with an offence or is for any other reason brought before a court, the court— (a) may in any case; and (b) shall in the case of a child or a young person who is under the age of sixteen years, require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case. (2) In relation to a child or young person for whom a local authority have parental responsibility and who— (a) is in their care; or (b) is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970, the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference. In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

Responsibility of parent or guardian for financial penalties

57

Binding over of parent or guardian

58

Detention etc. pending trial

Detention at a police station

59

In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—

(6) Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies— (a) that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or (b) in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him, secure that the arrested juvenile is moved to local authority accommodation. (6A) In this section— - “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989); - “secure accommodation” means accommodation provided for the purpose of restricting liberty; - “sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991; and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

Remands and committals to local authority accommodation

60

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

(2) In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—

(a) in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;

(b) in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and

(3) Where a person committed in custody under subsection (1) above is less than 17 years old— (a) he shall be committed to accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) and (b) the court by which he is so committed shall impose a security requirement within the meaning of section 23 of the Children and Young Persons Act 1969.

(3) In the case of a child or young person who has been remanded ... to local authority accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) shall, notwithstanding anything in section 92(7) of the Children Act 1989, be made to that court.

Provision by local authorities of secure accommodation

61

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

Transitory provisions pending provision of secure accommodation

62

(1) In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.

(2) In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.

(3) For subsections (4) and (5) there shall be substituted the following subsections—

(4) Where a court declares a person to be one to whom subsection (5) below applies, it shall remand him— (a) to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and (b) to a prison, if it has not been so notified. (4A) A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless— (a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or (b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply. (5) This subsection applies to a young person who is male and has attained the age of fifteen, but only if— (a) he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or (b) he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded, and (in either case) the court is of opinion that only remanding him to a remand centre or prison would be adequate to protect the public from serious harm from him.

(4) In subsection (6)—

(a) for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and

(b) for the words “subsection (5) above” there shall be substituted the words “that subsection”.

(5) In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.

(6) After subsection (9) there shall be inserted the following subsection—

(9A) Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, he shall cease to be remanded to local authority accommodation and subsection (4) above shall apply.

(7) In subsection (12), the definition of “secure accommodation” shall be omitted.

Young offenders

Custodial sentences under 1982 Act

63

Custodial sentences under 1933 Act

64

Supervision of young offenders after release

65

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

Supervision orders

66

Attendance centre orders

67

Miscellaneous

Persons aged 17 to be treated as young persons for certain purposes

68

The following enactments, namely—

(a) the Children and Young Persons Acts 1933 to 1969;

(b) section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(d) the 1980 Act,

shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.

Non-appearance of persons aged 16 or 17: plea of guilty

69

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

Renaming of juvenile courts etc

70

(1) Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

(2) Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

Amendments to service law

71

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

Repeal of certain provisions not brought in force

72

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

Part IV — Provision of Services

Probation services

Inspectors of probation

73

Default power where probation committee fails to discharge statutory duty

74

The inner London probation area

75

Court security

Provision of court security officers

76

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

Powers and duties of court security officers

77

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

Protection of court security officers

78

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

Duties of responsible authorities

79

(1) In section 55(2) (duties of local authorities outside Greater London) of the Justices of the Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—

(b) the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with— (i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Act 1975, and (ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975; (bb) the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;

(2) In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—

(b) the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with— (i) secondary Class I contributions payable in respect of any such officers under Part I of the Social Security Act 1975, and (ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975; (bb) the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;

Prisoner escorts

Arrangements for the provision of prisoner escorts

80

(1) The Secretary of State may make arrangements for any of the following functions, namely—

(a) the delivery of prisoners from one set of relevant premises to another;

(b) the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

(ba) the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;

(e) the custody of prisoners while they are outside a prison for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

(1A) In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.

(1B) Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.

(2) Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

(3) Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

(4) In this section—

“enforcement hearing”, “live audio link”, “live video link”, “preliminary hearing” and “sentencing hearing” each has the meaning given in section 56(1) of the Criminal Justice Act 2003;

“hospital” has the same meaning as in the Mental Health Act 1983;

“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the Criminal Appeal Act 1968;

“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

“warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

Monitoring etc. of prisoner escort arrangements

81

(1) Prisoner escort arrangements shall include the appointment of—

(a) a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b) a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2) It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

(a) any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and

(b) any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Powers and duties of prisoner custody officers acting in pursuance of such arrangements

82

(1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

(a) to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b) to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.

(2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.

(3) A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(d) to attend to their wellbeing; and

(e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

(4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

(a) in the case of the Crown Court, under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 (power of Court to order search of persons before it); or

(b) in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

(4A) Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.

(4B) It is the prisoner custody officer’s duty to give effect to—

(a) any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or

(b) any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.

(4C) The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

(5) The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) , (4) and (4B) above, shall include power to use reasonable force where necessary.

(6) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Breaches of discipline by prisoners

83

(1) This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

(2) For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been—

(a) in the custody of the governor of the prison; or

(b) in the case of a contracted out prison, in the custody of its director,

at all times during the period for which the prisoner custody officer was so responsible.

(3) In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

(4) Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

(5) In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.

Contracted out prisons

Contracting out of certain prisons

84

(1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

(2) While a contract under this section for the running of a prison or part of a prison is in force—

(a) the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

(b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3) Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a) Part II of the Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c) section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d) the Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4) In this Part—

“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

“the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

Officers of contracted out prisons

85

(1) Instead of a governor, every contracted out prison shall have—

(a) a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

(b) a controller, who shall be a Crown servant appointed by the Secretary of State;

and every officer of such a prison who performs custodial duties shall (subject to section 86B) be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.

(2) . . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.

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

(4) The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

(a) to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

(b) to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.

(5) The contractor and any sub-contractor of his shall eachbe under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

Powers and duties of prisoner custody officers employed at contracted out prisons

86

(1) A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—

(a) to search in accordance with prison rules any prisoner who is confined in the prison; and

(b) to search in accordance with prison rules any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.

(2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979). .

(3) A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—

(a) to prevent their escape from lawful custody;

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

(d) to attend to their wellbeing.

(4) The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.

Consequential modifications of 1952 Act

87

(1) In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.

(2) In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.

(3) Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).

(4) In sections 8A(3), (4) and (5) 10(5), 12(3), 13(1) 16A16Band 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.

(4A) Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.

(5) In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.

(6) In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

(7) In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

(8) Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.

Intervention by the Secretary of State

88

(1) This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

(a) that the director has lost, or is likely to lose, effective control of the prison or any part of it; and

(b) that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

(2) The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

(a) beginning with the time specified in the appointment; and

(b) ending with the time specified in the notice of termination under subsection (4) below.

(3) During that period—

(a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

(b) the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

(c) the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

(4) Where the Secretary of State is satisfied—

(a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

(b) that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

(5) As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his,the director and the controller.

Supplemental

Certification of prisoner custody officers

89

(1) In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

(a) that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

(b) that he is accordingly authorised to perform them.

(2) The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.

(3) In this section and Schedule 10 to this Act—

“custodial duties” means custodial duties at a contracted out or directly managed prison;

“escort functions” means the functions specified in section 80(1) above.

Protection of prisoner custody officers

90

(1) Any person who assaults a prisoner custody officer

(a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Section 17(2) of the Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(3) Any person who resists or wilfully obstructs a prisoner custody officer

(a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

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