Criminal Justice and Public Order Act 1994

(4A) Where in respect of a conviction a person was placed on probation, the rehabilitation period applicable to the sentence shall be— (a) in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction; (b) in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the probation order ceases or ceased to have effect, whichever is the longer.

.

• (2) The amendments made by this paragraph shall apply only in relation to persons placed on probation after the date on which this paragraph comes into force.

Transfers of proceedings

12

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

Anonymity of victims of certain offences

13

In section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of victims in rape etc. cases), after subsection (6) there shall be inserted the following subsection—

(6A) For the purposes of this section, where it is alleged or there is an accusation that an offence of incitement to rape or conspiracy to rape has been committed, the person who is alleged to have been the intended victim of the rape shall be regarded as the alleged victim of the incitement or conspiracy or, in the case of an accusation, as the complainant.

.

Execution of warrants for non-payment

14

• (1) In section 38A(6) of the Criminal Law Act 1977 (execution of warrants for imprisonment for non-payment of fine), for the words “the age of 17 years” there shall be substituted the words “ the age of 18 years ”.

• (2) In section 38B(6) of the Criminal Law Act 1977 (execution of warrants for commitment for non-payment of due sum), for the words “the age of 17 years” there shall be substituted the words “ the age of 18 years ”.

Committals for sentence

15

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

Conditional or absolute discharge: appeal to Crown Court

16

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

Transfers of proceedings

17

In section 76 of the Senior Courts Act 1981 (alteration by Crown Court of place of trial) (as amended by paragraph 10 of Schedule 2 to the Criminal Justice Act 1987)—

• (a) in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”;

• (b) in subsection (3), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act.

Transfers of proceedings

18

In section 77 of the Senior Courts Act 1981 (date of trial) (as amended by paragraph 11 of Schedule 2 to the Criminal Justice Act 1987)—

• (a) in subsection (1), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”;

• (b) in subsection (2), after the words “committed by a magistrates’ court” there shall be inserted the words “ or in respect of whom a notice of transfer under a relevant transfer provision has been given ”;

• (c) in subsection (3), after the words “committal for trial” there shall be inserted the words “ or of a notice of transfer ”; and

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

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act.

Transfers of proceedings

19

In section 81 of the Senior Courts Act 1981 (bail by Crown Court)—

• (a) in subsection (1)(a) (as amended by paragraph 12 of Schedule 2 to the Criminal Justice Act 1987), for the words “section 4 of the Criminal Justice Act 1987” there shall be substituted the words “ a relevant transfer provision ”; and

• (b) after subsection (6), there shall be inserted the following subsection—

(7) In subsection (1) above “relevant transfer provision” means— (a) section 4 of the Criminal Justice Act 1987, or (b) section 53 of the Criminal Justice Act 1991.

.

Electronic transmission of obscene material (Scotland)

20

In section 51(8) of the Civic Government (Scotland) Act 1982, after the words “otherwise reproducing” there shall be inserted the words “ , or, where the material is data stored electronically, transmitting that data ”.

Fines for breach of attendance centre orders or rules

21

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

Video recordings

22

In section 1 of the Video Recordings Act 1984 (which provides for the interpretation of, among other terms, “video work” and “video recordings”)—

• (a) in subsection (2), in paragraph (a), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “ or any other device capable of storing data electronically ”; and

• (b) in subsection (3), the word “or” before the words “magnetic tape” shall be omitted and after those words there shall be inserted the words “ or any other device capable of storing data electronically ”.

Standard period of validity of search warrants

23

In the following enactments there shall be omitted the words from “within” to “warrant” (which prescribe the period of validity of warrants under those enactments for which section 16(3) of the Police and Criminal Evidence Act 1984 prescribes a standard period of one month), namely—

• (a) section 4(2) of the Protection of Children Act 1978; and

• (b) section 17(1) of the Video Recordings Act 1984.

Transfers of proceedings

24

In section 62(10) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), after paragraph (a) there shall be inserted the following paragraph—

(aa) a judge, in deciding whether to grant an application made by the accused under— (i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or (ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and

.

Transfers of proceedings

25

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

Award of costs against accused

26

In section 18(5) of the Prosecution of Offences Act 1985 (award of costs against accused), for the words “the age of seventeen” there shall be substituted the words “ the age of eighteen ”.

Transfers of proceedings

27

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

Confiscation orders in drug trafficking cases: variation of sentences

28

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

Transfer of fraud cases

29

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

Fraud cases: preparatory hearings

30

In section 7 of the Criminal Justice Act 1987 (preparatory hearings for certain fraud cases), in subsection (1), for the words “seriousness and complexity” there shall be substituted the words “ seriousness or complexity ”.

Transfers of proceedings

31

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

Evidence through television links

32

In section 32 of the Criminal Justice Act 1988 (evidence through television links), in subsection (3B) (inserted by section 55(4) of the Criminal Justice Act 1991), for the words “subsection (3) above” there shall be substituted the words “ subsection (3A) above ”.

Competence of children

33

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

Reviews of sentencing

34

In section 35 of the Criminal Justice Act 1988 (kinds of case referable for review of sentence)—

• (a) in subsection (3), for the words following “case” there shall be substituted the following words—

— (a) of a description specified in an order under this section; or (b) in which sentence is passed on a person— (i) for an offence triable only on indictment; or (ii) for an offence of a description specified in an order under this section

; and

• (b) in subsection (4), after the word “case”, there shall be inserted the words “ of a description specified in the order or to any case ”.

Assaulting prisoner custody officer triable with indictable offence

35

In section 40(3) of the Criminal Justice Act 1988 (summary offences triable with indictable offences), after paragraph (a), there shall be inserted the following paragraphs—

(aa) an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer); (ab) an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)

.

Confiscation orders: variation of sentence

36

In section 72A of the Criminal Justice Act 1988 (inserted by section 28 of the Criminal Justice Act 1993) (power of court to postpone determinations required before a confiscation order can be made), after subsection (9) there shall be inserted the following subsection—

(9A) Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 72(5)(b) or (c) above so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Senior Courts Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period.

.

Extradition from the United Kingdom

37

• (1) The Extradition Act 1989 shall be amended as follows.

• (2) In section 2(4) (law of, and conduct in, parts or dependencies of foreign States)—

• (a) for the words “subsections (1) to (3) above” there shall be substituted the words “ this Act, except Schedule 1 ”; and

• (b) at the end there shall be inserted the following paragraph preceded by the word “; but”—

(d) reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency.

.

• (3) In section 7 (procedure for making and implementing extradition requests)—

• (a) in subsection (1)—

• (i) after the word “made” there shall be inserted the words “ to the Secretary of State ”;

• (ii) for paragraph (a) there shall be substituted the following paragraph—

(a) by— (i) an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or (ii) some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or

and

• (iii) after paragraph (b), there shall be inserted the words— “ and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the original ”;

• (b) in subsection (2)—

• (i) in paragraph (c), after the word “warrant” there shall be inserted the words “ or a duly authenticated copy of a warrant ”; and

• (ii) in paragraph (d), after the word “certificate” there shall be inserted the words “ or a duly authenticated copy of a certificate ”; and

• (c) after subsection (6), there shall be inserted the following subsection—

(7) Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly.

.

Remands and committals of young persons to secure accommodation

38

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

Non-intimate samples: samples of hair

39

In Article 63 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (regulation of taking of non-intimate samples), at the end, there shall be inserted the following paragraph—

(10) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary (in point of quantity or quality) for the purpose of enabling information to be produced by means of analysis used or to be used in relation to the sample.

.

Pre-sentence reports

40

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

Curfew orders

41

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

Fines

42

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

False statements as to financial circumstances

43

After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section—

(20A) (1) A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request— (a) makes a statement which he knows to be false in a material particular; (b) recklessly furnishes a statement which is false in a material particular; or (c) knowingly fails to disclose any material fact, shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both. (2) For the purposes of this section an official request is a request which— (a) is made by the clerk of the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and (b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose. (3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.

.

Effect of previous probation orders and discharges

44

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

Sexual offences

45

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

Discretionary life prisoners

46

• (1) In section 34 of the Criminal Justice Act 1991 (duty to release discretionary life prisoners after they have served the relevant part of their sentence and the Parole Board has directed their release)—

• (a) in subsection (6), for the words after “sentence” there shall be substituted the following words—

— (a) account shall be taken of any corresponding relevant period; but (b) no account shall be taken of any time during which the prisoner was unlawfully at large within the meaning of section 49 of the Prison Act 1952 (“the 1952 Act”).

; and

• (b) after that subsection, there shall be inserted the following subsection-

(6A) In subsection (6)(a) above, “corresponding relevant period” means the period corresponding to the period by which a determinate sentence of imprisonment imposed on the offender would fall to be reduced under section 67 of the Criminal Justice Act 1967 (reduction of sentences to take account of police detention or remands in custody).

.

• (2) In paragraph 9(2) of Schedule 12 to that Act (application of early release provisions of the Act to existing life prisoners), after paragraph (b) there shall be inserted the following paragraph, preceded by the word “and”—

(c) in section 34 of this Act, paragraph (a) of subsection (6) and subsection (6A) were omitted.

.

Committals for sentence

47

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

Extradited persons: sentence of imprisonment to reflect custody

48

• (1) In section 47 of the Criminal Justice Act 1991 (computation of sentences of imprisonment of persons extradited to United Kingdom), in subsection (4), in the definition of “extradited to the United Kingdom”, after paragraph (iv), there shall be inserted the following paragraph, preceded by the word “or”—

(v) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;

.

• (2) In each of sections 218(3) and 431(3) of the Criminal Procedure (Scotland) Act 1975 (corresponding provisions for Scotland), after paragraph (c) there shall be inserted the following paragraph—

(cc) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;

.

Transfers of proceedings

49

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

Community sentences: binding over of parent or guardian

50

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

Confiscation orders in terrorist-related activities cases: variation of sentences

51

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

Anonymity of victims of certain offences

52

• (1) The Sexual Offences (Amendment) Act 1992 shall be amended as follows.

• (2) In section 2(1) (offences to which the Act applies), after paragraph (e) there shall be inserted the following paragraphs—

(f) any conspiracy to commit any of those offences; (g) any incitement of another to commit any of those offences.

.

• (3) In section 6 (interpretation)—

• (a) after subsection (2) there shall be inserted the following subsection—

(2A) For the purposes of this Act, where it is alleged or there is an accusation that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(a) to (d) has been committed, the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed. In this subsection, “the substantive offence” means the offence to which the alleged conspiracy or incitement related.

; and

• (b) in subsection (3), after the words “references in” there shall be inserted the words “ subsection (2A) and in ”.

Application of 1993 Act powers to pre-commencement offences

53

Section 78(6) of the Criminal Justice Act 1993 (application of Act to pre-commencement offences) shall have effect, and be deemed always to have had effect, with the substitution, for the words from “or the powers” to the end, of the words “and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.”.

SCHEDULE 10

Bail: exclusion in homicide and rape cases

1

In section 2 of the Habeas Corpus Act 1679 (bail for persons released from custody under habeas corpus while awaiting trial), after the words “brought as aforesaid shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Evidence of accused in criminal proceedings

2

In section 1 of the Criminal Evidence Act 1898 (competency of accused to give evidence in criminal proceedings), proviso (b) shall be omitted.

Evidence of accused in criminal proceedings

3

In section 1 of the Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)—

• (a) after the words “Provided as follows:—” there shall be inserted the following proviso—

(a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;

;

• (b) proviso (b) shall be omitted.

Responsibility for fine for breach of requirements of secure training order

4

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

Bail: exclusion in homicide and rape cases

5

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

Bail: exclusion in homicide or rape cases

6

In section 37(1) of the Criminal Justice Act 1948 (power of High Court to grant bail on case stated or application for certiorari)—

• (a) in paragraph (b), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”; and

• (b) in paragraph (d), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Modernisation of “servant” in Prison Act

7

In section 3(1) of the Prison Act 1952 (officers and servants at prisons), for the word “servants” there shall be substituted the words “ employ such other persons ”.

Use of young offender institutions as secure training centres

8

In section 37(4) of the Prison Act 1952 (prisons not deemed closed where used as remand centres etc.), at the end, there shall be inserted the words “ or secure training centre ”.

Young offenders absconding from secure training centres

9

• (1) Section 49 of the Prison Act 1952 (persons unlawfully at large) shall be amended as follows.

• (2) In subsection (1), after the words “young offenders institution” there shall be inserted the words “ or a secure training centre ”.

• (3) In subsection (2), for the words between “detained in a” and “is unlawfully” there shall be substituted the words “ young offenders institution or in a secure training centre ”.

• (4) In subsection (2), in proviso (a), for the words after “prison” there shall be substituted the words “ remand centre, young offenders institution or secure training centre ”.

Bail: exclusion in homicide and rape cases

10

In section 4(2) of the Administration of Justice Act 1960 (power of High Court to grant bail to persons appealing to the House of Lords), after the words “Divisional Court shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Young offenders: application of prison rules

11

In section 23(4) of the Criminal Justice Act 1961 (which applies provisions relating to prison rules to other institutions), before the words “and remand centres” there shall be inserted the words “ secure training centres ”.

Young offenders: transfer, supervision and recall within British Islands

12

• (1) Part III of the Criminal Justice Act 1961 (transfer, supervision and recall within British Islands) shall have effect with the following amendments.

• (2) In section 29—

• (a) in subsection (1), for the words from “youth custody centre” to “young offenders institution” there shall be substituted the words “ or institution for young offenders to which this subsection applies ”;

• (b) after subsection (2), there shall be inserted the following subsection—

(2A) The institutions for young offenders to which subsection (1) above applies are the following: a remand centre, young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.

.

• (3) In section 30—

• (a) in subsection (3), for the words between “prison” and “in any part” there shall be substituted the words “ or institution for young offenders to which this subsection applies ”;

• (b) after subsection (3), there shall be inserted the following subsection—

(3A) The institutions for young offenders to which subsection (3) above applies are the following: a young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.

.

• (4) In section 32, in subsection (2), after paragraph (k), there shall be inserted the following paragraph—

(l) sections 1 and 3 of the Criminal Justice and Public Order Act 1994.

.

• (5) In section 38(3), for paragraph (a), there shall be substituted the following paragraph—

(a) the expression “imprisonment or detention” means imprisonment, custody for life, detention in a young offenders institution or in a secure training centre or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man;

.

Payment of damages by police authority

13

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

Cross-border enforcement: extension of protection

14

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

Bail: exclusion in homicide and rape cases

15

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

Young offenders: detention under secure training order

16

Section 67 of the Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended by the insertion in subsection (5), after paragraph (b), of the following paragraph—

(c) to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;

.

Payment of damages by Scottish police authority

17

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

Assaults on constables etc.

18

In section 41 of the Police (Scotland) Act 1967 (assaults on constables etc.), after subsection (2), there shall be inserted the following subsection—

(3) This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.

.

Bail: exclusion in homicide and rape cases

19

In section 8(2)(a) of the Criminal Appeal Act 1968 (powers of Court of Appeal on retrial), after the words “custody or” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Bail: exclusion in homicide and rape cases

20

In section 11(5) of the Criminal Appeal Act 1968 (powers of Court of Appeal on quashing interim hospital order), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Bail: exclusion in homicide and rape cases

21

In section 16(3)(b) of the Criminal Appeal Act 1968 (powers of Court of Appeal on allowing an appeal against a finding that a person is under a disability), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Bail: exclusion in homicide and rape cases

22

In section 19(1) of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail), after the word “may”, there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Bail: exclusion in homicide and rape cases

23

In section 36 of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail on appeal by defendant), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994 ”.

Young offenders: possession of firearms

24

• (1) The Firearms Act 1968 shall be amended as follows.

• (2) In section 21 (possession of firearms by persons previously convicted of crime)—

• (a) in subsection (2), after the word “Scotland” there shall be inserted the words “ or who has been subject to a secure training order ”; and

• (b) for subsection (2A) there shall be substituted—

(2A) For the purposes of subsection (2) above, “the date of his release” means— (a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison; (b) in the case of a person who has been subject to a secure training order— (i) the date on which he is released from detention under the order; (ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or (iii) the date halfway through the total period specified by the court in making the order, whichever is the later.

.

• (3) In section 52(1) (forfeiture and disposal of firearms), in paragraph (a), after the word “Scotland” there shall be inserted the words “ or is subject to a secure training order ”.

Cross-border enforcement: extension of protection

25

In section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—

(4) This section also applies to a constable who is a member of a police force maintained in England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland.

.

Sexual offences: male rape

26

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

Payment of damages by Police Authority for Northern Ireland

27

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

Jury service: penalty for serving when not qualified

28

In section 20(5) of the Juries Act 1974 (offences in connection with jury service), at the end of paragraph (d) there shall be inserted

; or (e) knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury,

.

Custody officers: ineligibility for jury service

29

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

Rehabilitation of offenders subject to secure training orders

30

In section 5(6) of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “or”—

(d) a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;

.

Prisoner custody officers: ineligibility for jury service

31

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

Bail: exclusion in homicide and rape cases

32

In section 4 of the Bail Act 1976 (entitlement to bail), after subsection (7), there shall be inserted the following subsection—

(8) This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).

.

Police bail: variation by magistrates

33

In section 4(2) of the Bail Act 1976 (occasions for implementation of right to bail), in paragraph (b), after the words “for bail” there shall be inserted the words “ or for a variation of the conditions of bail ”.

Bail: no right for persons offending while on bail

34

Sexual offences: male rape

35

• (1) The Sexual Offences (Amendment) Act 1976 shall be amended as follows.

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

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

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

Sexual offences: male rape

36

• (1) Section 4 of the Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases) shall be amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a)—

• (i) after the word “woman” in both places where it occurs there shall be inserted the words “ or man ”;

• (ii) for the words “woman’s name nor her address” there shall be substituted the words “ name nor the address of the woman or man ”;

• (iii) after the words “of her” there shall be inserted the words “ or him ”;

• (iv) for the words “her lifetime” there shall be substituted the words “ that person’s lifetime ”; and

• (v) for the words “identify her” there shall be substituted the words “ identify that person ”; and

• (b) in paragraph (b)—

• (i) after the word “woman” there shall be inserted the words “ or man ”; and

• (ii) for the words “her lifetime” there shall be substituted the words “ that person’s lifetime ”.

• (3) In subsection (5A), after the word “woman” there shall be inserted the words “ or man ”.

• (4) In subsection (5B), for the words “woman’s peace or comfort” there shall be substituted the words “ peace or comfort of the woman or man ”.

• (5) In subsection (6), in the definition of “complainant”, after the word “woman” there shall be inserted the words “ or man ”.

Indecent photographs etc.

37

• (1) The Protection of Children Act 1978 shall be amended as follows.

• (2) In section 2(3), after the words “proceedings under this Act” there shall be inserted the words “ relating to indecent photographs of children ”.

• (3) In section 4—

• (a) in subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (b) in subsection (2), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

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

Indecent photographs etc. (Northern Ireland)

38

• (1) The Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.

• (2) In Article 4(1)—

• (a) after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (b) after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

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

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

• (5) In Article 7(1), after the word “Order” there shall be inserted the words “ relating to indecent photographs of children ”.

Secure training orders: absence of accused

39

In section 11(3) of the Magistrates’ Courts Act 1980 (certain sentences and orders not to be made in absence of accused), after the word “make” there shall be inserted the words “ a secure training order or ”.

Procedure for young offenders in cases of grave crimes

40

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

Bail: exclusion in homicide and rape cases

41

In section 29(4)(b) of the Magistrates’ Courts Act 1980 (person under 18 remitted to youth court for trial), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Bail: exclusion in homicide and rape cases

42

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

Police bail

43

In section 43(1) of the Magistrates’ Courts Act 1980 (bail under the Police and Criminal Evidence Act 1984), after the words “bail under” there shall be inserted the words “ Part IV of ”.

Bail: exclusion in homicide or rape cases

44

In section 113(1) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to grant bail on appeal to Crown Court or by way of case stated), after the word “may” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Prisoner custody officers: ineligibility for jury service

45

In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (which makes ineligible for jury service persons connected with the administration of justice), in Group B, after paragraph (o) there shall be inserted the following paragraph—

(oo) prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;

.

Young offenders: detention in the custody of a constable and others

46

In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable)—

• (a) in subsection (1), after the words “remand centre” there shall be inserted the words “ secure training centre ”;

• (b) in subsection (2), after the words “remand centre” there shall be inserted the words “ secure training centre ”; and

• (c) after the subsection (3) inserted by section 94 of this Act, there shall be inserted the following subsection—

(4) Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act).

.

Detention by constables and officers of a prison etc.: maximum period

47

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

Bail: exclusion in homicide and rape cases

48

In section 81(1) of the Senior Courts Act 1981 (power of Crown Court to grant bail), after the word “may”, there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Young offenders: legal representation

49

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

Young offenders: early release

50

In section 32 of the Criminal Justice Act 1982 (early release by order of classes of prisoners and other persons), after subsection (7), there shall be inserted the following subsection—

(7A) Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions.

.

Bail: exclusion in homicide and rape cases

51

In section 51(4) of the Mental Health Act 1983 (power of court to remit or release on bail detained person), after the words “above or” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Video recordings

52

• (1) The Video Recordings Act 1984 shall be amended as follows.

• (2) In section 13, after subsection (2), there shall be inserted the following subsection—

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

.

• (3) For section 15 there shall be substituted the following section—

(15) (1) No prosecution for an offence under this Act shall be brought after the expiry of the period of three years beginning with the date of the commission of the offence or one year beginning with the date of its discovery by the prosecutor, whichever is earlier. (2) In Scotland, the reference in subsection (1) above to the date of discovery by the prosecutor shall be construed as a reference to the date on which evidence sufficient in the opinion of the Lord Advocate to warrant proceedings came to his knowledge. (3) For the purposes of subsection (2) above— (a) a certificate signed by the Lord Advocate or on his behalf and stating the date on which evidence came to his knowledge shall be conclusive evidence of that fact; (b) a certificate purporting to be signed as mentioned in paragraph (a) above shall be presumed to be so signed unless the contrary is proved; and (c) a prosecution shall be deemed to be brought on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.

.

Interim possession order: power of entry

53

In section 17 of the Police and Criminal Evidence Act 1984 (police powers of entry to effect arrest etc.)—

• (a) in subsection (1)(c), after sub-paragraph (iii), there shall be inserted the following sub-paragraph—

(iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);

;

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

Bail: exclusion in homicide and rape cases

54

In section 38(1) of the Police and Criminal Evidence Act 1984 (duty of custody officer to release on bail or without bail after charge), after the word “shall” there shall be inserted the words “ , subject to section 25 of the Criminal Justice and Public Order Act 1994, ”.

Searches of persons detained at police stations

55

In section 54(1)(b) of the Police and Criminal Evidence Act 1984 (searches of persons detained at police stations), for the words “under section 47(5) above” there shall be substituted the words “ , as a person falling within section 34(7), under section 37 above ”.

Fingerprinting: speculative searches

56

In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)—

• (a) after subsection (7) there shall be inserted the following subsection—

(7A) If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent— (a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and (b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.

; and

• (b) in subsection (8), after the word “them” there shall be inserted the words “ and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection ”.

Intimate samples: speculative searches

57

In section 62 of the Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples)—

• (a) after subsection (7) there shall be inserted the following subsection—

(7A) If an intimate sample is taken from a person at a police station— (a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and (b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.

; and

• (b) in subsection (8), after the words “subsection (7)” there shall be inserted the words “ or (7A) ”.

Non-intimate samples: speculative searches

58

In section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples)—

• (a) after the subsection (8A) inserted by section 55 of this Act, there shall be inserted the following subsection—

(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent— (a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and (b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.

; and

• (b) in subsection (9), after the words “(8A)” there shall be inserted the words “ or (8B) ”.

Sexual offences: male rape and buggery

59

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

Trespassory assemblies

60

In section 15(1) of the Public Order Act 1986 (delegation of functions), for “14” there shall be substituted “ 14A ”.

Inferences from accused’s silence

61

• (1) The Criminal Evidence (Northern Ireland) Order 1988 shall be amended as follows.

• (2) In Article 3(1)(a), after the word “questioned” there shall be inserted the words “ under caution ”.

• (3) In Article 4—

• (a) in paragraph (1)—

• (i) for the words “to (7)” there shall be substituted the words “ and (4) ”;

• (ii) in sub-paragraph (b), the words “be called upon to” shall be omitted;

• (iii) for the words from “if” onwards there shall be substituted the words “ , at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence ”;

• (b) for paragraphs (2) and (3) there shall be substituted the following paragraph—

(2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.

;

• (c) in paragraph (4)—

• (i) at the beginning there shall be inserted the words “ Where this paragraph applies, ”;

• (ii) in sub-paragraph (a), for the words “from the refusal as appear proper” there shall be substituted the words “ as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question ”;

• (d) in paragraph (5), for the words “refusal to be sworn” there shall be substituted the words “ failure to do so ”; and

• (e) paragraphs (9) and (10) shall be omitted.

• (4) In Article 5(1)(b), for the words “the constable” there shall be substituted the words “ that or another constable investigating the case ”.

• (5) In Article 5(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—

(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates’ court to the Crown Court under Article 3 of that Order); and

.

• (6) In Article 5, after paragraph 3, there shall be inserted the following paragraph—

(3A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.

.

• (7) In Article 6(1)(b), for the words “the constable” there shall be substituted the words “ that or another constable investigating the case ”.

• (8) In Article 6(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—

(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates’ court to the Crown Court under Article 3 of that Order); and

.

• (9) In Article 6, after paragraph 2, there shall be inserted the following paragraph—

(2A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.

.

• (10) In Article 6(3), for the words “do so” there shall be substituted the words “ comply with the request ”.

Samples: application to terrorist suspects

62

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

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

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

• (4) In consequence of the foregoing amendments—

• (a) in section 62 of the Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples), at the end there shall be inserted the following subsection—

(12) Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.

;

• (b) in section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples), at the end there shall be inserted the following subsection—

(10) Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.

; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Prevention of terrorism: consents for prosecutions etc.

63

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

Young offenders: powers to search and to test for drugs

64

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

Non-appearance of accused: plea of guilty

65

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

Young offenders: secure training order a custodial sentence

66

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

Bail: exclusion in homicide and rape cases

67

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

Contracted out prisons: exclusion of search powers

68

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

Testing prisoners for drugs: director’s function

69

In section 87(4) of the Criminal Justice Act 1991 (certain functions as governor to be functions of director of contracted out prisons), after “13(1)” insert “ 16A ”.

The Parole Board

70

For Schedule 5 to the Criminal Justice Act 1991 (supplementary provisions about the Parole Board) there shall be substituted the following Schedule—

SCHEDULE 5 (1) (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown. (2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act. (2) (1) The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State. (2) The Board shall include among its members— (a) a person who holds or has held judicial office; (b) a registered medical practitioner who is a psychiatrist; (c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and (d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders. (3) A member of the Board— (a) shall hold and vacate office in accordance with the terms of his appointment; (b) may resign his office by notice in writing addressed to the Secretary of State; and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment. (3) (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine. (2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine. (3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine. (4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury. (4) (1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine. (2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board. (3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member. (5) (1) The Board may appoint such number of employees as it may determine. (2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board. (3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury. (4) The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board. (6) (1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”. (2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament. (7) (1) The Secretary of State shall pay to the Board— (a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and (b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses. (2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament. (8) The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose. (9) Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown. (10) (1) It shall be the duty of the Board— (a) to keep proper accounts and proper records in relation to the accounts; (b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and (c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates. (2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament. (3) In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months. (11) The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.

.

Bail: exclusion in homicide and rape cases

71

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

Probation officers for offenders subject to secure training orders

72

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

Secure training orders: cost of supervision by probation officer

73

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

SCHEDULE 11

In section 57(2), the words “Section 49 of the principal Act and” and “an appeal by case stated or”.

In Article 3, in paragraph (1), the words “and Article 5 (merchant seamen)” and paragraph (4).

Note:The repeals that are to come into force on the passing of this Act are the following, namely, the repeals in the Sexual Offences Act 1967, the Caravan Sites Act 1968, the Sexual Offences (Amendment) Act 1976, the Public Order Act 1986, the Criminal Justice (Scotland) Act 1980 and the Homosexual Offences (Northern Ireland) Order 1982.

Editorial notes

[^c13100251]: Act partly in force at Royal Assent, see s. 172(2)-(4)(6)

[^c13100261]: Act extends mainly to England and Wales only, but for exceptions see s. 172(7)-(16)

[^c13100341]: Ss. 1-4 repealed and superseded (1.4.2000) by 1998 c. 37, ss. 73(7)(b), 74-78, 120(2), Sch. 10 (with Sch. 9); S.I. 1999/3426, art. 3(c) (with savings in art. 4)

[^c13100391]: Ss. 1-4 repealed and superseded (1.4.2000) by 1998 c. 37, ss. 73(7)(b), 74-78, 120(2), Sch. 10 (with Sch. 9); S.I. 1999/3426, art. 3(b) (with savings in art. 4) (and subject to amendment (prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 22)

[^c13100411]: Ss. 1-4 repealed and superseded (1.4.2000) by 1998 c. 37, ss. 73(7)(b), 74-78, 120(2), Sch. 10 (with Sch. 9); S.I. 1999/3426, art. 3 (with savings in art. 4)

[^c13100461]: Ss. 1-4 repealed and superseded (1.4.2000) by 1998 c. 37, ss. 73(7)(b), 74-78, 120(2), Sch. 10 (with Sch. 9); S.I. 1999/3426, art. 3 (with savings in art. 4)

[^c13100471]: 1952 c. 52.

[^c13100481]: S. 7: Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(i)

[^c13100491]: 1952 c. 52.

[^c13100501]: 1954 c. 56.

[^c13100511]: 1925 c. 20.

[^c13100521]: 1927 c. 36.

[^c13100531]: 1988 c. 26.

[^c13100541]: S. 8(1)(b)(3): Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(i)

[^c13100551]: 1952 c. 52.

[^c19830271]: Word in s. 9(1)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 20(a); S.I. 2007/3001, art. 2(1)(r)

[^c19830581]: Words in s. 9(1)(b) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(2)(a), 41(1); S.I. 2007/3001, art. 2(1)(a)

[^c19830601]: Words in s. 9(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(2)(b), 41(1); S.I. 2007/3001, art. 2(1)(a)

[^c19830471]: Word in s. 9(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 20(b); S.I. 2007/3001, art. 2(1)(r)

[^c19830791]: S. 9A(2) modified (temp.) (10.10.2007) by The Offender Management Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007 (S.I. 2007/3001), art. 2(2)

[^c19841011]: S. 9A(4) modified (prosp.) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 24 (with Sch. 13 para. 5)

[^c13100571]: S. 11: Transfer of functions (20.4.2000) by S.I 2000/1160, art. 4(1)(2)(i)

[^c19830851]: Words in s. 11(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(4)(a), 41(1): S.I. 2007/3001, {art. (2)(1)(b)}

[^c19931611]: Words in s. 11(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(4)(b), 41(1): S.I. 2007/3001, {art. (2)(1)(b)}

[^c13100581]: 1952 c. 52.

[^c19830951]: Words in s. 12(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 21(1)(a); S.I. 2007/3001, art. 2(1)(r)

[^c13100591]: S. 12(3): Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(ii)

[^c19830991]: S. 12(3)(a) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 21(1)(b); S.I. 2007/3001, art. 2(1)(r)

[^c19831091]: Words in s. 13 sidenote repealed (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 22, Sch. 5 Pt. 3; S.I. 2007/3001, art. 2(1)(u)

[^c19831181]: Words in s. 14 sidenote substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 23(2); S.I. 2007/3001, art. 2(1)(r)

[^c13100611]: S. 14(1): Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(iii)

[^c19831141]: Words in s. 14(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 23(1); S.I. 2007/3001, art. 2(1)(r)

[^c19836181]: S. 15: definition of "youth detention accommodation" inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 24; S.I. 2007/3007, art. 2(1)(r)

[^c19830731]: S. 9A inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(3), 41(1); S.I. 2007/3001, art. 2(1)(b)

[^c13100651]: S. 16 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

[^c13100661]: 1982 c. 48.

[^c13100681]: S. 18(1)(2) repealed (25.8.2000) by ss. 165, 168, Sch. 12, Pt. I (with Sch. 11 paras. 1, 2)

[^c13100701]: 1952 c. 52.

[^c13100731]: 1989 c. 41.

[^c13100771]: S. 20 repealed and superseded (1.6.1999) by 1998 c. 37, s. 97(5), 120(2), Sch. 10 (with Sch. 9); S.I. 1999/1279, art. 2(g)(ii)

[^c13100781]: S. 23 wholly in force at 3.2.1995; s. 23 not in force at Royal Assent see s. 172; s. 23 in force at 3.2.1995 by S.I. 1995/127, art. 2(1), Sch. 1 (with savings in art. 2(2)(3), Sch. 2)

[^c13100801]: 1984 c. 60.

[^c13100941]: Words in s. 25(1) substituted (30.9.1998) by 1998 c. 37, s. 56 (with Sch. 9); S.I. 1998/2327, art. 2(1)(n)

[^c19802871]: S. 25(2)(d)-(n) substituted (1.5.2004 ) for s. 25(2)(d)(e) by Sexual Offences Act 2003 (c. 42), ss. 141, 139, Sch. 6 para. 32(2); S.I. 2004/874, art. 2

[^c13100951]: 1964 c. 84.

[^c19802951]: Words in s. 25(5) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336, Sch. 32 para. 67(a), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 paras. 23, 42(27), 44(4)(m) (subject to art. 2(2) and Sch. 2) (as amended by S.I. 2005/2122, art. 2)

[^c19803051]: Words in s. 25(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 67(b); S.I. 2005/950, art. 2, Sch. 1 paras. 23, 42(27) (subject to art. 2(2) and Sch. 2) (as amended by S.I. 2005/2122, art. 2)

[^c13100961]: S. 25(5): Words in para. (a) of the definition of “the relevant enactments” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 160

[^c13100971]: S. 25(5): sub-para.(b) in definition of “the relevant enactments” substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(2) (with s. 4, Sch. 3)

[^c13100981]: 1968 c. 34 (N.I.).

[^c13100991]: 1976 c. 63.

[^c13101001]: 1984 c. 60.

[^c13101011]: 1976 c. 63.

[^c13101021]: 1984 c. 60.

[^c13101031]: 1976 c. 63.

[^c13101041]: 1984 c. 60.

[^c19803641]: S. 29(3) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/84, art. 2(2)(g)(ii)

[^c13101051]: 1976 c. 63.

[^c13101061]: S. 31 wholly in force at 3.2.1995; s. 31 not in force at Royal Assent see s. 172; s. 31 in force at 3.2.1995 subject to transitional provisions by S.I. 1995/127, art. 2, Sch. 1 (with art. 2(2), Sch. 2)