Criminal Justice and Public Order Act 1994

(7A) Any evidence obtained by the Lord Advocate by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 shall be furnished by him to the Secretary of State for transmission to the overseas authority in compliance with whose request (in the following subsections referred to as the “relevant request”) it was so obtained. (7B) If, in order to comply with the relevant request it is necessary for that evidence to be accompanied by any certificate, affidavit or other verifying document, the Lord Advocate shall also furnish for transmission such document of that nature as appears to him to be appropriate. (7C) Where any evidence obtained by virtue of the said section 4(2B) consists of a document, the original or a copy shall be transmitted and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the relevant request.

; and

• (b) in subsection (8), after the definition of “documents” there shall be inserted—

“evidence”, in relation to a relevant request, includes documents and other articles;

.

Copyright and illicit recordings: enforcement of offences

Enforcement of certain offences relating to copyright and illicit recordings.

165

• (1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.

• (2) After section 107 (offences relating to copyright) there shall be inserted the following section—

(107A) (1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107. (2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act— section 27 (power to make test purchases), section 28 (power to enter premises and inspect and seize goods and documents), section 29 (obstruction of authorised officers), and section 33 (compensation for loss, &c. of goods seized). (3) Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland. For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers. (4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act. (5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.

.

• (3) After section 198 (offences relating to illicit recordings) there shall be inserted the following section—

(198A) (1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198. (2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act— section 27 (power to make test purchases), section 28 (power to enter premises and inspect and seize goods and documents), section 29 (obstruction of authorised officers), and section 33 (compensation for loss, &c. of goods seized). (3) Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland. For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers. (4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act. (5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.

.

Ticket touts

Sale of tickets by unauthorised persons.

166

• (1) It is an offence for an unauthorised person to—

• (a) sell a ticket for a designated football match, or

• (b) otherwise to dispose of such a ticket to another person.

• (2) For this purpose—

• (a) a person is “unauthorised” unless he is authorised in writing to sell or otherwise dispose of tickets for the match . . . by the organisers of the match;

• (aa) a reference to selling a ticket includes a reference to—

• (i) offering to sell a ticket;

• (ii) exposing a ticket for sale;

• (iii) making a ticket available for sale by another;

• (iv) advertising that a ticket is available for purchase; and

• (v) giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so.

• (b) a “ticket” means anything which purports to be a ticket; and

• (c) a “designated football match” means a football match of a description, or a particular football match, for the time being designated for the purposes of this section by order made by the Secretary of State.

• (2A) An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order.

• (2B) The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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

• (5) Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence.

• (6) The Secretary of State may by order made by statutory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit.

• (7) An order under subsection (6) above may provide that—

• (a) a certificate (a “ticket sale certificate”) signed by a duly authorised officer certifying that 6,000 or more tickets were issued for sale for a sporting event is conclusive evidence of that fact;

• (b) an officer is duly authorised if he is authorised in writing to sign a ticket sale certificate by . . . the organisers of the sporting event; and

• (c) a document purporting to be a ticket sale certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

• (8) Where an order has been made under subsection (6) above, this section also applies, with any modifications made by the order, to any part of the sporting event specified or described in the order, provided that 6,000 or more tickets are issued for sale for the day on which that part of the event takes place.

Supplementary provision relating to sale and disposal of tickets on internet

166A

• (1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.

• (2) If—

• (a) a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and

• (b) the action, if done in England and Wales, would constitute an offence falling within section 166(1),

the service provider shall be guilty in England and Wales of an offence under that section.

• (3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the transmission in a communication network of information falling within subsection (4), or

• (b) the storage of information provided by a recipient of the service,

except where subsection (5) applies.

• (4) Information falls within this subsection if—

• (a) it is provided by a recipient of the service; and

• (b) it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.

• (5) This subsection applies at any time in relation to information if—

• (a) the service provider knew when that information was provided that it contained material contravening section 166; or

• (b) that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166.

• (6) In this section—

• “the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);

• “information society services”—has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); andis summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

• “EEA State” means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;

• “recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

• “service provider” means any person providing an information society service.

Taxi touts

Touting for hire car services.

167

• (1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.

• (2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.

• (3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).

• (4) It is a defence for the accused to show that he was soliciting for passengers to be carried at separate fares by public service vehicles on behalf of the holder of a PSV operator’s licence for those vehicles whose authority he had at the time of the alleged offence.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (6) In this section—

• “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and

• “public service vehicle” and “PSV operator’s licence” have the same meaning as in Part II of the Public Passenger Vehicles Act 1981.

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

General

Minor and consequential amendments and repeals.

168

• (1) The enactments mentioned in Schedule 9 to this Act shall have effect with the amendments there specified (being minor amendments).

• (2) The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified (amendments consequential on the foregoing provisions of this Act).

• (3) The enactments mentioned in Schedule 11 to this Act (which include enactments which are spent) are repealed or revoked to the extent specified in the third column of that Schedule.

Power of Secretary of State to make payments or grants in relation to crime prevention, etc.

169

• (1) The Secretary of State may, with the consent of the Treasury—

• (a) make such payments, or

• (b) pay such grants, to such persons,

as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime.

• (2) Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

• (3) Payments under this section shall be made out of money provided by Parliament.

Security costs at party conferences.

170

• (1) The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying registered political party, or by a person acting for a qualifying political party, on measures to which this section applies.

• (2) This section applies to measures which are—

• (a) taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and

• (b) certified by a chief officer of police as having been appropriate.

• (3) A political party is a qualifying registered political partyfor the purposes of this section if, at the last general election before the expenditure was incurred,—

• (a) at least two members of the party were elected to the House of Commons, or

• (b) one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party.

• (4) Payments under this section shall be made out of money provided by Parliament.

• (5) In this section “registered political party” means a party registered under the Political Parties, Elections and Referendums Act 2000.

Expenses etc. under Act.

171

There shall be paid out of money provided by Parliament—

• (a) any sums required by the Secretary of State for making payments under contracts entered into under or by virtue of sections 2, 3, 7, 11, 96, 99, 100, 102(4), 106(1), 112(1) or 118(3) or paragraph 1 of Schedule 1;

• (b) any administrative expenses incurred by the Secretary of State; and

• (c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Short title, commencement and extent.

172

• (1) This Act may be cited as the Criminal Justice and Public Order Act 1994.

• (2) With the exception of section 82 and subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State or, in the case of sections 52 and 53, the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.

• (3) Any order under subsection (2) above may make such transitional provisions and savings as appear to the authority making the order necessary or expedient in connection with any provision brought into force by the order.

• (4) The following provisions and their related amendments, repeals and revocations shall come into force on the passing of this Act, namely sections 5 to 15 (and Schedules 1 and 2), 61, 63, 65, 68 to 71, 77 to 80, 81, 83, 90, Chapters I and IV of Part VIII, sections 142 to 148, 150, 158(1), (3) and (4), 166, 167, 171, paragraph 46 of Schedule 9 and this section.

• (5) No order shall be made under subsection (6) of section 166 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

• (6) For the purposes of subsection (4) above—

• (a) the following are the amendments related to the provisions specified in that subsection, namely, in Schedule 10, paragraphs 26, 35, 36, 59, 60 and 63(1), (3), (4) and (5);

• (b) the repeals and revocations related to the provisions specified in that subsection are those specified in the Note at the end of Schedule 11.

• (7) Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.

• (8) Sections 47(3), 49, 60 to 67, 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.

• (9) Section 83(1) extends to England and Wales and Northern Ireland.

• (10) This section, sections 68, 69, 83(3) to (5), 88 to 92, 136 to 141, 156, 157(2), (3), (4), (5) and (9), 158, 159, 161, 162, 164, 165, 168, 171 and Chapter IV of Part VIII extend to the United Kingdom and sections 158 and 159 also extend to the Channel Islands and the Isle of Man.

• (11) Sections 93, 95 and 101(8), so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

• (12) Sections 102(1) to (3), 104, 105 and 117, so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, extend to that part of those Islands, but otherwise Chapter II of Part VIII extends to Scotland only.

• (13) Sections 47(4), 83(2), 84(5) to (7), 87, Part IX, sections 145(2), 146(2), 148, 151(2), 152(2), 153, 157(7) and 160(2) extend to Scotland only.

• (13A) Subject to subsection (14), Chapter 3 of Part 8 extends to Northern Ireland only.

• (14) Sections 117A, 118, 120, 121 and 125, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside Northern Ireland, also extend to that part of those islands, except that section 117A does not extend to any part of those islands outside the United Kingdom.

• (15) Sections 53, 84(8) to (11), 85(4) to (6), 86(2), 145(3), 147 and 157(8) extend to Northern Ireland only.

• (16) Where any enactment is amended, repealed or revoked by Schedule 9, 10 or 11 to this Act the amendment, repeal or revocation has the same extent as that enactment; except that Schedules 9 and 11 do not extend to Scotland in so far as they relate to section 17(1) of the Video Recordings Act 1984.

SCHEDULES

SCHEDULE 1

Arrangements for the escort of persons detained in youth detention accommodation

1

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

• (a) the delivery of detained persons from one set of relevant premises to another;

• (b) the custody of detained persons 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;

• (c) the custody of detained persons temporarily held in youth detention accommodation in the course of delivery from one such place of accommodation to another; and

• (d) the custody of detained persons while they are outside a place of youth detention accommodation for temporary purposes,

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

• (2) In sub-paragraph (1)(a) above, “relevant premises” means a place of youth detention accommodation or a court , police station or hospital.

• (3) Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers.

• (4) Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (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 custody officer acting in pursuance of escort arrangements.

• (5) In this paragraph—

• “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 escort arrangements

2

• (1) Escort arrangements shall include the appointment of—

• (a) an 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 detained persons 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 an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.

• (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 custody officers acting in pursuance of escort arrangements

3

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

• (a) to search in accordance with rules made by the Secretary of State any detained person 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 detained person is or is to be held, and any article in the possession of such a person.

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

• (3) A custody officer shall have the following duties as respects detained persons for whose delivery or custody he is responsible in pursuance of 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;

• (c) to ensure good order and discipline on their part;

• (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 custody officers of their duty under (d) above.

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

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

Interpretation

4

In this Schedule—

• “detained person” means a person remanded or committed to accommodation which is youth detention accommodation or detained in any such accommodation pursuant to a sentence or order requiring the person to be detained;

• “escort arrangements” has the meaning given by paragraph 1 above; . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Preliminary

1

In this Schedule—

• “certificate” means a certificate under section 12(3) of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2

• (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

• (2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

• (a) is a fit and proper person to perform the relevant functions; and

• (b) has received training to such standard as he may consider appropriate for the performance of those functions.

• (3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

• (4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3

• (1) This paragraph applies where at any time—

• (a) in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;

• (b) in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the monitorof the secure training centre that the officer is not a fit and proper person to perform custodial duties; or

• (c) in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the governor of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

• (2) The escort monitor , monitor or governor may—

• (a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

• (b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

• (3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4

Where at any time it appears to the Secretary of State that a custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statements

5

If any person, for the purpose of obtaining a certificate for himself or for any other person—

• (a) makes a statement which he knows to be false in a material particular; or

• (b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

SCHEDULE 3

Bail Act 1976

1

Section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows—

• (a) in subsection (1)(d), after the words “a court” there shall be inserted the words “ or constable ”; and

• (b) after subsection (10), there shall be inserted the following subsection—

(11) This section is subject, in its application to bail granted by a constable, to section 5A of this Act.

.

2

After section 5 of the Bail Act 1976 there shall be inserted the following section—

(5A) (1) Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications. (2) For subsection (3) substitute the following— (”) Where a custody officer, in relation to any person,— (a) imposes conditions in granting bail in criminal proceedings, or (b) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings, the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates’ court, to vary the conditions, give reasons for imposing or varying the conditions.”. (3) For subsection (4) substitute the following— (”) A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”. (4) Subsections (5) and (6) shall be omitted.

.

Magistrates’ Courts Act 1980

3

After section 43A of the Magistrates’ Courts Act 1980 there shall be inserted the following section—

(43B) (1) Where a custody officer— (a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or (b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976, a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions. (2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions. (3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse. (4) In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.

.

SCHEDULE 4

SCHEDULE 5

Non-appearance of accused: plea of guilty

1

For section 12 of the Magistrates’ Courts Act 1980 (“the 1980 Act”) there shall be substituted the following section—

(12) (1) This section shall apply where— (a) a summons has been issued requiring a person to appear before a magistrates’ court, other than a youth court, to answer to an information for a summary offence, not being— (i) an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months; or (ii) an offence specified in an order made by the Secretary of State by statutory instrument; and (b) the clerk of the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons. (2) The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates’ court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court. (3) The documents referred to in subsection (1)(b) above are— (a) a notice containing such statement of the effect of this section as may be prescribed; (b) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court; and (c) if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information. (4) Where the clerk of the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court— (a) the clerk of the court shall inform the prosecutor of the receipt of the notification; and (b) the following provisions of this section shall apply. (5) If at the time and place appointed for the trial or adjourned trial of the information— (a) the accused does not appear; and (b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons, the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty. (6) If at any time before the hearing the clerk of the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification— (a) the clerk of the court shall inform the prosecutor of the withdrawal; and (b) the court shall deal with the information as if the notification had not been given. (7) Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall cause the following to be read out before the court by the clerk of the court, namely— (a) the statement of facts served upon the accused with the summons; (b) any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor; (c) the notification under subsection (4) above; and (d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence. (8) If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit— (a) any other statement with respect to any facts relating to the offence charged; or (b) any other information relating to the accused, to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above. (9) If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given. (10) In relation to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment. (11) No notice shall be required by section 10(2) above in relation to an adjournment— (a) which is for not more than 4 weeks; and (b) the purpose of which is to enable the court to proceed under subsection (5) above at a later time. (12) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament. (13) Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.

.

Application of section 12 procedure where accused appears

2

After section 12 of the 1980 Act there shall be inserted the following section—

(12A) (1) Where the clerk of the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent. (2) Where the clerk of the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the clerk had received such a notification. (3) For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below. (4) The modifications for the purposes of subsection (1) above are that— (a) before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and (b) where he makes such a submission, subsection (7)(d) of that section shall not apply. (5) The modifications for the purposes of subsection (2) above are that— (a) subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above; (b) subsection (7)(c) and (d) of that section shall not apply; and (c) before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence.

.

Consequential amendments

3

• (1) In consequence of the amendments made by paragraphs 1 and 2 above the Magistrates’ Courts Act 1980 shall be further amended as follows.

• (2) For section 13(4), there shall be substituted the following subsection—

(4) This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section.

.

• (3) In section 13(5), for “12(2)” there shall be substituted “ 12(5) ”.

• (4) In section 155(2), for “12(8)” there shall be substituted “ 12(13) ”.

SCHEDULE 6

Preliminary

1

In this Schedule—

• “certificate” means a certificate under section 114 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2

• (1) The Secretary of State may, on the application of any person, issue a certificate in respect of that person.

• (2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

• (a) is a fit and proper person to perform the relevant functions; and

• (b) has received training to such standard as he may consider appropriate for the performance of those functions.

• (3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

• (4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3

• (1) This paragraph applies where at any time—

• (a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

• (b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

• (c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

• (2) The prisoner escort monitor, controller or governor may—

• (a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

• (b) in such circumstances as may be prescribed by prison rules, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

Revocation of certificate

4

Where at any time (whether on a reference to him under paragraph 3(2)(a) above or otherwise) it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statements

5

If any person, for the purpose of obtaining a certificate for himself or for any other person—

• (a) makes a statement which he knows to be false in a material particular; or

• (b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

SCHEDULE 7

Preliminary

1

In this Schedule—

• “certificate” means a certificate under section 122 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions authorised by the certificate.

Issue of certificates

2

• (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

• (2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

• (a) is a fit and proper person to perform the relevant functions; and

• (b) has received training to such standard as he may consider appropriate for the performance of those functions.

• (3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

Suspension of certificate

3

• (1) This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions.

• (2) The prisoner escort monitor may—

• (a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

• (b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions.

• (3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

4

Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.

False statements

5

If any person, for the purpose of obtaining a certificate for himself or for any other person—

• (a) makes a statement which he knows to be false in a material particular; or

• (b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Schedule 7A

Part 1 — Offences under the law of England and Wales

1

Any of the following offences at common law—

• (a) false imprisonment;

• (b) kidnapping;

• (c) indecent exposure;

• (d) cheating in relation to the public revenue.

2

An offence under any of the following provisions of the Offences against the Person Act 1861—

• (a) section 20 (inflicting bodily injury);

• (b) section 24 (administering poison etc with intent);

• (c) section 27 (exposing child whereby life is endangered etc);

• (d) section 31 (setting spring-guns etc with intent);

• (e) section 37 (assaulting an officer etc on account of his preserving wreck);

• (f) section 47 (assault occasioning actual bodily harm).

3

• (1) An offence under any of the following provisions of the Sexual Offences Act 1956 —

• (a) section 10 (incest by a man);

• (b) section 11 (incest by a woman);

• (c) section 30 (man living on the earnings of prostitution);

• (d) section 31 (woman exercising control over a prostitute);

• (e) section 33A (keeping a brothel used for prostitution).

• (2) An offence under section 12 of that Act (buggery), other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over.

• (3) An offence under section 13 of that Act (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.

4

An offence under section 4 of the Criminal Law Act 1967 (assisting offenders).

5

An offence under section 5 of the Sexual Offences Act 1967 (living on the earnings of male prostitution).

6

An offence under any of the following provisions of the Firearms Act 1968—

• (a) section 1(1) (possession etc of firearms or ammunition without certificate);

• (b) section 2(1) (possession etc of shot gun without certificate);

• (c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

7

An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

8

• (1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

• (2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

• (3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

9

An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

10

An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

11

An offence under either of the following provisions of the Child Abduction Act 1984—

• (a) section 1 (abduction of child by parent etc);

• (b) section 2 (abduction of child by other persons).

12

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

13

An offence under either of the following provisions of the Public Order Act 1986—

• (a) section 2 (violent disorder);

• (b) section 3 (affray).

14

An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

15

An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

16

An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).

17

An offence under either of the following provisions of the Protection from Harassment Act 1997—

• (a) section 4 (putting people in fear of violence);

• (b) section 4A (stalking involving fear of violence or serious alarm or distress).

18

An offence under section 29(1)(a) or (b) of the Crime and Disorder Act 1998 (certain racially or religiously aggravated assaults).

19

An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

20

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).

21

An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

22

• (1) An offence under any of the following provisions of the Sexual Offences Act 2003—

• (a) section 13 (child sex offences committed by children or young persons);

• (b) section 16 (abuse of position of trust: sexual activity with a child);

• (c) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

• (d) section 18 (abuse of position of trust: sexual activity in the presence of a child);

• (e) section 19 (abuse of position of trust: causing a child to watch a sexual act);

• (f) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

• (g) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

• (h) section 52 (causing or inciting prostitution for gain);

• (i) section 53 (controlling prostitution for gain).

• (2) An offence under section 25 or 26 of that Act (family child sex offences) where the offence is committed by a person under the age of 18.

• (3) An offence under section 47 of that Act (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.

23

An offence under either of the following provisions of the Terrorism Act 2006—

• (a) section 1 (encouragement of terrorism);

• (b) section 2 (dissemination of terrorist publications).

24

An offence under either of the following provisions of the Serious Crime Act 2015—

• (a) section 45 (participating in activities of organised crime group);

• (b) section 75A (strangulation or suffocation).

25

An offence under section 68 of the Policing and Crime Act 2017 (breach of pre-charge bail conditions relating to travel).

25A

An offence under any of the following sections of the Health and Care Act 2022—

• (a) section 136 (virginity testing);

• (b) section 137 (offering to carry out virginity testing);

• (c) section 138 (aiding or abetting etc a person to carry out virginity testing);

• (d) section 148 (carrying out hymenoplasty);

• (e) section 149 (offering to carry out hymenoplasty);

• (f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).

Part 2 — Offences under the law of Scotland

26

Any of the following offences at common law—

• (a) culpable homicide;

• (b) treason;

• (c) rape;

• (d) assault, where the assault results in serious injury or endangers life;

• (e) assault with intent to rape or ravish;

• (f) indecent assault;

• (g) abduction with intent to rape;

• (h) public indecency;

• (i) clandestine injury to women;

• (j) lewd, indecent or libidinous behaviour or practices;

• (k) sodomy, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

• (l) abduction;

• (m) mobbing;

• (n) fire-raising;

• (o) robbery;

• (p) fraud;

• (q) extortion;

• (r) embezzlement;

• (s) theft;

• (t) threats;

• (u) attempting to pervert the course of justice.

27

An offence under any of the following provisions of the Firearms Act 1968—

• (a) section 1(1) (possession etc of firearms or ammunition without certificate);

• (b) section 2(1) (possession etc of shot gun without certificate);

• (c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

28

An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

29

• (1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

• (2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

• (3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

30

An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

31

An offence under either of the following provisions of the Civic Government (Scotland) Act 1982—

• (a) section 51(2) (publication etc of obscene material);

• (b) section 52 (taking, distributing etc indecent photographs of children).

32

An offence under section 6 of the Child Abduction Act 1984 (parent etc. taking or sending a child out of the United Kingdom).

33

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

34

An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

35

An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).

36

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

• (a) section 7 (procuring prostitution etc);

• (b) section 8(3) (unlawful detention of women and girls);

• (c) section 10 (parents etc encouraging girls under 16 to engage in prostitution etc);

• (d) section 11(1)(b) (males soliciting etc for immoral purposes).

37

An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

38

An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

39

An offence under section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences).

40

An offence under either of the following provisions of the Terrorism Act 2006—

• (a) section 1 (encouragement of terrorism);

• (b) section 2 (dissemination of terrorist publications).

41

Any of the following offences under the Sexual Offences (Scotland) Act 2009—

• (a) section 8 (sexual exposure);

• (b) section 9 (voyeurism);

• (c) section 11 (administering a substance for sexual purposes);

• (d) section 32 (causing an older child to be present during a sexual activity);

• (e) section 33 (causing an older child to look at a sexual image);

• (f) section 34(1) (communicating indecently with an older child);

• (g) section 34(2) (causing an older child to see or hear an indecent communication);

• (h) section 35 (sexual exposure to an older child);

• (i) section 36 (voyeurism towards an older child);

• (j) section 42 (sexual abuse of trust);

• (k) section 46 (sexual abuse of trust of a mentally disordered person).

42

An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

• (a) section 38 (threatening or abusive behaviour);

• (b) section 39 (stalking).

43

An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing etc an intimate photograph or film).

43A

An offence under any of the following sections of the Health and Care Act 2022—

• (a) section 140 (virginity testing);

• (b) section 141 (offering to carry out virginity testing);

• (c) section 142 (aiding or abetting etc a person to carry out virginity testing);

• (d) section 152 (carrying out hymenoplasty);

• (e) section 153 (offering to carry out hymenoplasty);

• (f) section 154 (aiding or abetting etc a person to carry out hymenoplasty).

Part 3 — Offences under the law of Northern Ireland

44

Any of the following offences at common law—

• (a) false imprisonment;

• (b) kidnapping;

• (c) riot;

• (d) affray;

• (e) indecent exposure;

• (f) cheating in relation to the public revenue.

45

An offence under any of the following provisions of the Offences against the Person Act 1861—

• (a) section 20 (inflicting bodily injury);

• (b) section 24 (administering poison etc with intent);

• (c) section 27 (exposing child whereby life is endangered etc);

• (d) section 31 (setting spring-guns etc with intent);

• (e) section 37 (assaulting an officer etc on account of his preserving wreck);

• (f) section 47 (assault occasioning actual bodily harm).

46

An offence under section 11 of the Criminal Law Amendment Act 1885 (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.

47

An offence under either of the following provisions of the Punishment of Incest Act 1908—

• (a) section 1 (incest by a man);

• (b) section 2 (incest by a woman).

48

An offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 (assisting offenders).

49

An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

50

• (1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

• (2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

• (3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

51

An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

52

An offence under Article 8 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (living on the earnings of male prostitution).

53

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

54

An offence under either of the following provisions of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))—

• (a) Article 3 (abduction of child by parent etc);

• (b) Article 4 (abduction of child by other persons).

55

An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (ill-treatment of patients).

56

An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of a child).

57

An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

58

An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).

59

An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).

60

An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

61

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).

62

An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

63

An offence under section 53 of the Sexual Offences Act 2003 (controlling prostitution for gain).

64

An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

• (a) Article 3(1)(b) (possession etc of firearms other than handguns without certificate);

• (b) Article 3(2) (possession etc of ammunition without certificate);

• (c) Article 24(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

65

An offence under either of the following provisions of the Terrorism Act 2006—

• (a) section 1 (encouragement of terrorism);

• (b) section 2 (dissemination of terrorist publications).

66

• (1) An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—

• (a) Article 20 (child sex offences committed by children or young persons);

• (b) Article 23 (abuse of position of trust: sexual activity with a child);

• (c) Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

• (d) Article 25 (abuse of position of trust: sexual activity in the presence of a child);

• (e) Article 51 (care workers: sexual activity with a person with a mental disorder);

• (f) Article 53 (care workers: sexual activity in the presence of a person with a mental disorder);

• (g) Article 62 (causing or inciting prostitution for gain);

• (h) Article 63 (controlling prostitution for gain);

• (i) Article 64 (keeping a brothel used for prostitution).

• (2) An offence under Article 32 or 33 of that Order (family child sex offences) where the offence is committed by a person under the age of 18.

• (3) An offence under Article 37 of that Order (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.

67

An offence under section 68 of the Policing and Crime Act 2017 (breach of pre-charge bail conditions relating to travel).

68

An offence under any of the following sections of the Health and Care Act 2022—

• (a) section 144 (virginity testing);

• (b) section 145 (offering to carry out virginity testing);

• (c) section 146 (aiding or abetting etc a person to carry out virginity testing);

• (d) section 156 (carrying out hymenoplasty);

• (e) section 157 (offering to carry out hymenoplasty);

• (f) section 158 (aiding or abetting etc a person to carry out hymenoplasty).

Schedule 7B

Part 1 — Arrests in respect of offences committed in England and Wales

1

• (1) This Part sets out the modifications mentioned in section 137D(2), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales.

• (2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

• (3) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

2

• (1) Section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested) is modified as follows.

• (2) Subsection (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

• (3) Subsection (2)(a) does not apply.

• (4) Subsection (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

• (a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

• (b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

• (5) Subsection (3) does not apply.

• (6) The reference in subsection (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of England and Wales.

• (7) Subsection (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

• (8) Subsection (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

• (9) Subsection (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.

3

• (1) Section 58 of the Police and Criminal Evidence Act 1984 (access to legal advice) is modified as follows.

• (2) Subsection (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

• (3) Subsections (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

• (4) Subsections (3) and (5) do not apply.

• (5) Subsection (6)(a) does not apply.

• (6) The reference in subsection (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

• (7) The reference in subsection (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of England and Wales.

• (8) Subsection (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

4

• (1) Section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence, etc) is modified as follows.

• (2) Subsection (2) is to be read as if (instead of referring to the case where a child or young person is in police detention) it referred to the case where a child or young person is being detained under section 137C.

• (3) Subsection (3) is to be read as if (in addition to the information mentioned in paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b).

• (4) The reference in subsection (9) to a child’s or young person’s rights under section 56 of the Police and Criminal Evidence Act 1984 is to be read as a reference to that section as modified by this Schedule.

Part 2 — Arrests in respect of offences committed in Scotland

5

• (1) This Part sets out the modifications mentioned in section 137D(3), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland.

• (2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

• (3) A reference to a person in police custody in any of those provisions is to be read as a reference to a person detained under section 137C.

• (4) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

6

• (1) Section 38 of the Criminal Justice (Scotland) Act 2016 (right to have intimation sent to other person) is modified as follows.

• (2) Subsection (6) applies as if (instead of the provision made by that subsection) it defined “an appropriate constable” as being—

• (a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

• (b) in relation to delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

7

• (1) Section 40 of that Act (right of under 18s to have access to another person) is modified as follows.

• (2) Subsection (5) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (1) or (2) to be taken only by—

• (a) in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

• (b) in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

8

• (1) Section 41 of that Act (social work involvement in relation to under 18s) is modified as follows.

• (2) Subsection (6) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (4)(b) to be taken only by—

• (a) in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

• (b) in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

9

• (1) Section 42 of that Act (support for vulnerable persons) is modified as follows.

• (2) Subsection (5)(b)(ii) is to be read as if (instead of referring to a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012) it referred to a person who performs a function which is equivalent to a function performed at a police station in Scotland by a person appointed as a member of police staff under section 26(1) of that Act.

10

• (1) Section 43 of that Act (right to have intimation sent to solicitor) is modified as follows.

• (2) Subsection (1) is to be read as if the list of matters of which a person has a right to have intimation sent to a solicitor—

• (a) did not include paragraph (d), but

• (b) did include the matters mentioned in section 137D(1)(a) and (b).

11

• (1) Section 44 of that Act (right to consultation with solicitor) is modified as follows.

• (2) Subsection (3) applies as if (instead of the provision made by that subsection) it provided for a decision to delay the exercise of the right under subsection (1) to be taken only by—

• (a) in the case of a delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector who has not been involved in the investigation in connection with which the arrest was made;

• (b) in the case of a delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector who has not been involved in the investigation in connection with which the arrest was made.

12

• (1) Section 51 of that Act (duty to consider child’s wellbeing) is modified as follows.

• (2) Subsection (1) is to be read as if it did not include paragraphs (a), (c) and (d).

Part 3 — Arrests in respect of offences committed in Northern Ireland

13

• (1) This Part sets out the modifications mentioned in section 137D(4), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland.

• (2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

• (3) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

14

• (1) Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (right to have someone informed when arrested) is modified as follows.

• (2) Paragraph (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

• (3) Paragraph (2)(a) does not apply.

• (4) Paragraph (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

• (a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

• (b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

• (5) Paragraph (3) does not apply.

• (6) The reference in paragraph (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of Northern Ireland.

• (7) Paragraph (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

• (8) Paragraph (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

• (9) Paragraph (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.

15

• (1) Article 59 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (access to legal advice) is modified as follows.

• (2) Paragraph (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

• (3) Paragraphs (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

• (4) Paragraphs (3) and (5) do not apply.

• (5) Paragraph (6)(a) does not apply.

• (6) The reference in paragraph (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

• (7) The reference in paragraph (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of Northern Ireland.

• (8) Paragraph (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

16

• (1) Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (duty to inform person responsible for welfare of child in police detention) is modified as follows.

• (2) Paragraph (1) is to be read as if (instead of referring to the case where a child is in police detention) it referred to the case where a child is being detained under section 137C.

• (3) That paragraph is also to be read as if (in addition to the information mentioned in sub-paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b).

• (4) The reference in paragraph (6) to a child’s rights under Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 is to be read as a reference to that Article as modified by this Schedule.

SCHEDULE 8

Part I — Increase of Fines for Certain Sea Fisheries Offences

Part II — Increase of Fines for Certain Misuse of Drugs Offences

Part III — Increase in Penalties for Certain Firearms Offences

SCHEDULE 9

Poaching: increase in penalties

1

• (1) The Game Act 1831 shall be amended as follows.

• (2) In section 30 (trespassing in search or pursuit of game)—

• (a) for the words “level 1” there shall be substituted the words “ level 3 ”; and

• (b) for the words “level 3” there shall be substituted the words “ level 4 ”.

• (3) In section 32 (searching for or pursuing game with a gun and using violence, etc.), for the words “level 4” there shall be substituted the words “ level 5 ”.

• (4) The Game (Scotland) Act 1832 shall be amended as follows.

• (5) In section 1 (trespassing in search or pursuit of game)—

• (a) for the words “level 1” there shall be substituted the words “ level 3 ”; and

• (b) for the words “level 3” there shall be substituted the words “ level 4 ”.

• (6) In section 6 (penalty for assaults on persons acting under the Act), for the words “level 1” there shall be substituted the words “ level 3 ”.

• (7) The amendments made by this paragraph shall not apply to offences committed before this paragraph comes into force.

Sexual offences: procurement of women

2

In sections 2(1) and 3(1) of the Sexual Offences Act 1956 (procurement of women to have unlawful sexual intercourse by threats or false pretences), the word “unlawful” shall be omitted.

Electronic transmission of obscene material

3

In section 1(3) of the Obscene Publications Act 1959 (definition of publication for purposes of that Act), in paragraph (b), after the words “projects it” there shall be inserted the words “ , or, where the matter is data stored electronically, transmits that data. ”.

Poaching: forfeiture of vehicles

4

After section 4 of the Game Laws (Amendment) Act 1960 there shall be inserted the following section—

(4A) (1) Where a person is convicted of an offence under section thirty of the Game Act 1831 as one of five or more persons liable under that section and the court is satisfied that any vehicle belonging to him or in his possession or under his control at the relevant time has been used for the purpose of committing or facilitating the commission of the offence, the court may make an order for forfeiture under this subsection in respect of that vehicle. (2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restriction on forfeiture in any enactment. (3) Facilitating the commission of the offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of— (a) avoiding apprehension or detection; or (b) removing from the land any person or property connected with the offence. (4) An order under subsection (1) above shall operate to deprive the offender of his rights , if any, in the vehicle to which it relates, and the vehicle shall (if not already in their possession) be taken into the possession of the police. (5) Where any vehicle has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the vehicle, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the vehicle to the applicant if it appears to the court that he is the owner of the vehicle. (6) No application shall be made under subsection (5) above by any claimant of the vehicle after the expiration of six months from the date on which an order in respect of the vehicle was made under subsection (1) above. (7) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the vehicle or that he did not know, and had no reason to suspect, that the vehicle was likely to be used for a purpose mentioned in subsection (1) above. (8) An order under subsection (5) above shall not affect the right of any person to take, within the period of six months from the date of an order under subsection (5) above, proceedings for the recovery of the vehicle from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease. (9) The Secretary of State may make regulations for the disposal of vehicles, and for the application of the proceeds of sale of vehicles, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5) above has been made within the period specified in subsection (6) above or no such application has succeeded. (10) The regulations may also provide for the investment of money and the audit of accounts. (11) The power to make regulations under subsection (9) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (12) In this section, “relevant time”, in relation to a person convicted of an offence such as is mentioned in subsection (1) above, means the time when the vehicle was used for the purpose of committing or facilitating the commission of the offence, or the time of the issue of a summons in respect of the offence.

.

Magistrates’ courts’ jurisdiction in cases involving children and young persons

5

In section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons)—

• (a) in paragraph (a), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”; and

• (b) in paragraph (b), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.

Service of documents by first class post

6

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

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

• (3) In section 1 of the Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection—

(1A) A notice required by this section to be served on any person may be served on that person— (a) by delivering it to him; (b) by addressing it to him and leaving it at his last known address; or (c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.

.

Transfers of proceedings

7

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

Offences aggravated by possession of firearms

8

In Schedule 1 to the Firearms Act 1968 (which lists the offences to which section 17(2) (possession of firearms when committing or being arrested for specified offences) relates)—

• (a) in paragraph 4, after the word “Theft” there shall be inserted the word “ robbery ”; and

• (b) after paragraph 5, there shall be inserted the following paragraphs—

(5A) An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer). (5B) An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer).

.

Notice of proceedings

9

In section 34(2) of the Children and Young Persons Act 1969 (which requires notice of certain proceedings to be given to a probation officer), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.

Treatment of mental condition of offenders placed on probation

10

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

Rehabilitation of offenders placed on probation

11

• (1) In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences)—

• (a) in Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, after the words “subsections (3)” there shall be inserted the words “ , (4A) ”.

• (b) in subsection (4), the words “or placed on probation,” and “or probation order” shall be omitted; and

• (c) after subsection (4), there shall be inserted the following subsection—