Crime and Disorder Act 1998

Powers of magistrates' courts exercisable by single justice etc

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• (1) The following powers of a magistrates’ court for any area may be exercised by a single justice of the peace for that area, namely—

• (a) to extend bail or to impose or vary conditions of bail;

• (b) to mark an information as withdrawn;

• (c) to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution;

• (d) to make an order for the payment of defence costs out of central funds;

• (e) to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence;

• (f) to request a medical report and, for that purpose, to remand the accused in custody or on bail;

• (g) to remit an offender to another court for sentence;

• (h) where a person has been granted police bail to appear at a magistrates’ court, to appoint an earlier time for his appearance;

• (i) to extend, with the consent of the accused, a custody time limit or an overall time limit;

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) where an accused has been convicted of an offence, to order him to produce his driving licence;

• (l) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court;

• (m) to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely—

• (i) the timetable for the proceedings;

• (ii) the attendance of the parties;

• (iii) the service of documents (including summaries of any legal arguments relied on by the parties);

• (iv) the manner in which evidence is to be given; and

• (n) to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

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

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

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

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

Early administrative hearings

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• (1) Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, ..., consist of a single justice.

• (2) At a hearing conducted by a single justice under this section —

• (a) the accused shall be asked whether he wishes to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

• (b) if he indicates that he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it.

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

• (3) At such a hearing the single justice—

• (a) may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and

• (b) on adjourning the hearing, may remand the accused in custody or on bail.

• (4) Where the powers of a single justice are exercised by a person authorised under section 67B(2) of the Courts Act 2003, nothing in subsection (3)(b) above authorises the person to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.

• (4A) A hearing conducted by a single justice under this section may be—

• (a) adjourned to enable the decision mentioned in subsection (2A) above to be taken, and

• (b) subsequently resumed by a single justice.

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

No committal proceedings for indictable-only offences

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• (1) Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

• (2) Those conditions are—

• (a) that the offence is an offence triable only on indictment other than one in respect of which notice has been given under section 51B or 51C below;

• (b) that the offence is an either-way offence and the court is required under section 20(9)(b), 21, 22A(2)(b), 23(4)(b) or (5) or 25(2D) of the Magistrates' Courts Act 1980 to proceed in relation to the offence in accordance with subsection (1) above;

• (c) that notice is given to the court under section 51B or 51C below in respect of the offence.

• (3) Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

• (a) (if it is an either-way offence) appears to the court to be related to the offence mentioned in subsection (1) above; or

• (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (1) above or to the either-way offence, and which fulfils the requisite condition (as defined in subsection (11) below).

• (4) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which—

• (a) appears to the court to be related to the offence mentioned in subsection (1) above; and

• (b) (in the case of a summary offence) fulfils the requisite condition,

the court may send him forthwith to the Crown Court for trial for the either-way or summary offence.

• (5) Where—

• (a) the court sends an adult (“A”) for trial under subsection (1) or (3) above;

• (b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an either-way offence; and

• (c) that offence appears to the court to be related to an offence for which A was sent for trial under subsection (1) or (3) above,

the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence.

• (6) Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which—

• (a) (if it is an either-way offence) appears to the court to be related to the offence for which he is sent for trial; and

• (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the either-way offence, and which fulfils the requisite condition.

• (7) Where—

• (a) the court sends an adult (“A”) for trial under subsection (1), (3) or (5) above; and

• (b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an indictable offence for which A is sent for trial under subsection (1), (3) or (5) above, or an indictable offence which appears to the court to be related to that offence,

the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence.

• (8) Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

• (a) (if it is an indictable offence) appears to the court to be related to the offence for which he is sent for trial; and

• (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the indictable offence, and which fulfils the requisite condition.

• (9) Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily).

• (10) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption.

• (11) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

• (12) In the case of an adult charged with an offence—

• (a) if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below;

• (b) subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under—

• (i) subsection (5) above; or

• (ii) subsection (6) of section 51A below,

the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below.

• (13) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

Provisions supplementing section 51

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• (1) Subject to section 4 of the Bail Act 1976, section 41 of the 1980 Act , section 115(1) of the Coroners and Justice Act 2009, regulations under section 22 of the 1985 Act and section 25 of the 1994 Act, the court may send a person for trial under section 51 or 51A above—

• (a) in custody, that is to say, by committing him to custody there to be safely kept until delivered in due course of law; or

• (b) on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

• (2) Where—

• (a) the person’s release on bail under subsection (1)(b) above is conditional on his providing one or more sureties; and

• (b) in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in subsection (1)(a) above.

• (3) The court shall treat as an indictable offence for the purposes of section 51 or 51A above an offence which is mentioned in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) unless it is clear to the court, having regard to any representations made by the prosecutor or the accused, that the value involved does not exceed the relevant sum.

• (4) In subsection (3) above “the value involved” and “the relevant sum” have the same meanings as in section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small).

• (5) A magistrates’ court may adjourn any proceedings under section 51 or 51A above, and if it does so shall remand the accused.

• (6) Schedule 3 to this Act (which makes further provision in relation to persons sent to the Crown Court for trial under section 51 or 51A above) shall have effect.

Miscellaneous

Crown Prosecution Service: powers of non-legal staff

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For section 7A of the 1985 Act there shall be substituted the following section—

(7A) (1) The Director may designate, for the purposes of this section, members of the staff of the Crown Prosecution Service who are not Crown Prosecutors. (2) Subject to such exceptions (if any) as may be specified in the designation, a person so designated shall have such of the following as may be so specified, namely— (a) the powers and rights of audience of a Crown Prosecutor in relation to— (i) applications for, or relating to, bail in criminal proceedings; (ii) the conduct of criminal proceedings in magistrates’ courts other than trials; (b) the powers of such a Prosecutor in relation to the conduct of criminal proceedings not falling within paragraph (a)(ii) above. (3) A person so designated shall exercise any such powers subject to instructions given to him by the Director. (4) Any such instructions may be given so as to apply generally. (5) For the purposes of this section— (a) “bail in criminal proceedings” has the same meaning as it would have in the Bail Act 1976 by virtue of the definition in section 1 of that Act if in that section “offence” did not include an offence to which subsection (6) below applies; (b) “criminal proceedings” does not include proceedings for an offence to which subsection (6) below applies; and (c) a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused. (6) This subsection applies to an offence if it is triable only on indictment, or is an offence— (a) for which the accused has elected to be tried by a jury; (b) which a magistrates’ court has decided is more suitable to be so tried; or (c) in respect of which a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991. (7) Details of the following for any year, namely— (a) the criteria applied by the Director in determining whether to designate persons under this section; (b) the training undergone by persons so designated; and (c) any general instructions given by the Director under subsection (4) above, shall be set out in the Director’s report under section 9 of this Act for that year.

Bail: increased powers to require security or impose conditions

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• (1) In subsection (5) of section 3 of the Bail Act 1976 (general provisions as to bail), the words “If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody” shall cease to have effect.

• (2) In subsection (6) of that section, after paragraph (d) there shall be inserted the following paragraph—

(e) before the time appointed for him to surrender to custody, he attends an interview with an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;

.

• (3) In subsection (2) of section 3A of that Act (conditions of bail in the case of police bail), for the words “paragraph (d)” there shall be substituted the words “ paragraph (d) or (e) ”.

Forfeiture of recognizances

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For subsections (1) and (2) of section 120 of the 1980 Act (forfeiture of recognizances) there shall be substituted the following subsections—

(1) This section applies where— (a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or (b) any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court. (1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall— (a) declare the recognizance to be forfeited; (b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound; and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons. (2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may— (a) declare the recognizance to be forfeited; and (b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound; but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.

Bail: restrictions in certain cases of homicide or rape

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In subsection (1) of section 25 of the 1994 Act (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), for the words “shall not be granted bail in those proceedings” there shall be substituted the words “ shall be granted bail in those proceedings only if the court or, as the case may be, the constable considering the grant of bail is satisfied that there are exceptional circumstances which justify it ”.

Use of live television links at preliminary hearings

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Part IV — Dealing with offenders

Chapter I — England and Wales

Sexual or violent offenders

Sentences extended for licence purposes

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Effect of extended sentences

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Re-release of prisoners serving extended sentences

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Offenders dependent etc. on drugs

Drug treatment and testing orders

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Requirements and provisions to be included in orders

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Periodic reviews

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Supplementary provisions as to orders

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Young offenders: reprimands and warnings

Reprimands and warnings

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Effect of reprimands and warnings

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Young offenders: non-custodial orders

Reparation orders

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Reparation orders: supplemental

68

Action plan orders

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Action plan orders: supplemental

70

Supervision orders

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Breach of requirements in supervision orders

72

Young offenders: detention and training orders

Detention and training orders

73

Duties and powers of court

74

The period of detention and training

75

The period of supervision

76

Breaches of supervision requirements

77

Offences during currency of order

78

Interaction with sentences of detention

79

Sentencing: general

Sentencing guidelines

80

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The Sentencing Advisory Panel

81

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Increase in sentences for racial aggravation

82

Miscellaneous and supplemental

Power to make confiscation orders on committal for sentence

83

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Football spectators: failure to comply with reporting duty

84

Interpretation etc. of Chapter I

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Chapter II — Scotland

Sexual or violent offenders

Extended sentences for sex and violent offenders

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• (1) After section 210 of the 1995 Act there shall be inserted the following section—

(210A) (1) Where a person is convicted on indictment of a sexual or violent offence, the court may, if it— (a) intends, in relation to— (i) a sexual offence, to pass a determinate sentence of imprisonment; or (ii) a violent offence, to pass such a sentence for a term of four years or more; and (b) considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from the offender, pass an extended sentence on the offender. (2) An extended sentence is a sentence of imprisonment which is the aggregate of— (a) the term of imprisonment (“the custodial term”) which the court would have passed on the offender otherwise than by virtue of this section; and (b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is, subject to the provisions of this section, of such length as the court considers necessary for the purpose mentioned in subsection (1)(b) above. (3) The extension period shall not exceed, in the case of— (a) a sexual offence, ten years; and (b) a violent offence, five years. (4) A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer. (5) The term of an extended sentence passed for a statutory offence shall not exceed the maximum term of imprisonment provided for in the statute in respect of that offence. (6) Subject to subsection (5) above, a sheriff may pass an extended sentence which is the aggregate of a custodial term not exceeding the maximum term of imprisonment which he may impose and an extension period not exceeding three years. (7) The Secretary of State may by order— (a) amend paragraph (b) of subsection (3) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph; and (b) make such transitional provision as appears to him to be necessary or expedient in connection with the amendment. (8) The power to make an order under subsection (7) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (9) An extended sentence shall not be imposed where the sexual or violent offence was committed before the commencement of section 86 of the Crime and Disorder Act 1998. (10) For the purposes of this section— - “licence” and “relevant officer” have the same meaning as in Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; - “sexual offence” means— 1. rape; 2. clandestine injury to women; 3. abduction of a woman or girl with intent to rape or ravish; 4. assault with intent to rape or ravish; 5. indecent assault; 6. lewd, indecent or libidinous behaviour or practices; 7. shameless indecency; 8. sodomy; 9. an offence under section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons; 10. an offence under section 52 of the Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children); 11. an offence under section 52A of that Act (possession of indecent images of children); 12. an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest); 13. an offence under section 2 of that Act (intercourse with a stepchild); 14. an offence under section 3 of that Act (intercourse with child under 16 by person in position of trust); 15. an offence under section 5 of that Act (unlawful intercourse with girl under 16); 16. an offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16); 17. an offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse); 18. an offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); and 19. an offence under subsection (5) of section 13 of that Act (homosexual offences); - “imprisonment” includes— 1. detention under section 207 of this Act; and 2. detention under section 208 of this Act; and - “violent offence” means any offence (other than an offence which is a sexual offence within the meaning of this section) inferring personal violence. (11) Any reference in subsection (10) above to a sexual offence includes— (a) a reference to any attempt, conspiracy or incitement to commit that offence; and (b) except in the case of an offence in paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence.

• (2) In section 209 of the 1995 Act (supervised release orders), in subsection (1)—

• (a) after the word “convicted” there shall be inserted the words “ on indictment ”;

• (b) after the words “an offence” there shall be inserted the words “ , other than a sexual offence within the meaning of section 210A of this Act, ”; and

• (c) the words “not less than twelve months but” shall cease to have effect.

Further provision as to extended sentences

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After section 26 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) there shall be inserted the following section—

(26A) (1) This section applies to a prisoner who, on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force, has been made subject to an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences). (2) Subject to the provisions of this section, this Part of this Act, except section 1A, shall apply in relation to extended sentences as if any reference to a sentence or term of imprisonment was a reference to the custodial term of an extended sentence. (3) Where a prisoner subject to an extended sentence is released on licence under this Part the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period. (4) Where, apart from this subsection, a prisoner subject to an extended sentence would be released unconditionally— (a) he shall be released on licence; and (b) the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period. (5) The extension period shall be taken to begin as follows— (a) for the purposes of subsection (3) above, on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the custodial term; (b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, he would have been released unconditionally. (6) Subject to section 1A(c) of this Act and section 210A(3) of the 1995 Act and to any direction by the court which imposes an extended sentence, where a prisoner is subject to two or more extended sentences, the extension period which is taken to begin in accordance with subsection (5) above shall be the aggregate of the extension period of each of those sentences. (7) For the purposes of sections 12(3) and 17(1) of this Act, and subject to subsection (8) below, the question whether a prisoner is a long-term or short-term prisoner shall be determined by reference to the extended sentence. (8) Where a short-term prisoner serving an extended sentence in respect of a sexual offence is released on licence under subsection (4)(a) above, the provisions of section 17 of this Act shall apply to him as if he was a long-term prisoner. (9) In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to his sentence shall be construed as a reference to the extended sentence. (10) For the purposes of this section “custodial term”, “extension period” and “imprisonment” shall have the same meaning as in section 210A of the 1995 Act. (11) In section 1A(c) and section 16(1)(a) of this Act, the reference to the date on which a prisoner would have served his sentence in full shall mean, in relation to a prisoner subject to an extended sentence, the date on which the extended sentence, as originally imposed by the court, would expire.

Re-release of prisoners serving extended sentences

88

After section 3 of the 1993 Act there shall be inserted the following section—

(3A) (1) This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act. (2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board— (a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral; (b) in any other case, at any time. (3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence. (4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released. (5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.

Offenders dependent etc. on drugs

Drug treatment and testing orders

89

After section 234A of the 1995 Act there shall be inserted the following section—

(234B) (1) This section applies where a person of 16 years of age or more is convicted of an offence, other than one for which the sentence is fixed by law, committed on or after the date on which section 89 of the Crime and Disorder Act 1998 comes into force. (2) Subject to the provisions of this section, the court by or before which the offender is convicted may, if it is of the opinion that it is expedient to do so instead of sentencing him, make an order (a “drug treatment and testing order”) which shall— (a) have effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and (b) include the requirements and provisions mentioned in section 234C of this Act. (3) A court shall not make a drug treatment and testing order unless it— (a) has been notified by the Secretary of State that arrangements for implementing such orders are available in the area of the local authority proposed to be specified in the order under section 234C(6) of this Act and the notice has not been withdrawn; (b) has obtained a report by, and if necessary heard evidence from, an officer of the local authority in whose area the offender is resident about the offender and his circumstances; and (c) is satisfied that— (i) the offender is dependent on, or has a propensity to misuse, drugs; (ii) his dependency or propensity is such as requires and is susceptible to treatment; and (iii) he is a suitable person to be subject to such an order. (4) For the purpose of determining for the purposes of subsection (3)(c) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify. (5) A drug treatment and testing order or an order under subsection (4) above shall not be made unless the offender expresses his willingness to comply with its requirements. (6) The Secretary of State may by order— (a) amend paragraph (a) of subsection (2) above by substituting a different period for the minimum or the maximum period for the time being specified in that paragraph; and (b) make such transitional provisions as appear to him necessary or expedient in connection with any such amendment. (7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament. (8) A drug treatment and testing order shall be as nearly as may be in the form prescribed by Act of Adjournal.

Requirements and provisions to be included in drug treatment and testing orders

90

After section 234B of the 1995 Act there shall be inserted the following section—

(234C) (1) A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (2) The required treatment for any particular period shall be— (a) treatment as a resident in such institution or place as may be specified in the order; or (b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is required to submit to treatment as a resident). (4) A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined. (5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (6) A drug treatment and testing order shall specify the local authority in whose area the offender will reside when the order is in force and require that authority to appoint or assign an officer (a “supervising officer”) for the purposes of subsections (7) and (8) below. (7) A drug treatment and testing order shall— (a) provide that, for the treatment and testing period, the offender shall be under the supervision of a supervising officer; (b) require the offender to keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and (c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the supervising officer. (8) Supervision by the supervising officer shall be carried out to such extent only as may be necessary for the purpose of enabling him— (a) to report on the offender’s progress to the appropriate court; (b) to report to that court any failure by the offender to comply with the requirements of the order; and (c) to determine whether the circumstances are such that he should apply to that court for the variation or revocation of the order.

Procedural matters relating to drug treatment and testing orders

91

After section 234C of the 1995 Act there shall be inserted the following section—

(234D) (1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language— (a) the effect of the order and of the requirements proposed to be included in it; (b) the consequences which may follow under section 234G of this Act if he fails to comply with any of those requirements; (c) that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or the supervising officer; and (d) that the order will be periodically reviewed at intervals provided for in the order. (2) Upon making a drug treatment and testing order the court shall— (a) give, or send by registered post or the recorded delivery service, a copy of the order to the offender; (b) send a copy of the order to the treatment provider; (c) send a copy of the order to the chief social work officer of the local authority specified in the order in accordance with section 234C(6) of this Act; and (d) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court. (3) Where a copy of a drug treatment and testing order has under subsection (2)(a) been sent by registered post or by the recorded delivery service, an acknowledgment or certificate of delivery of a letter containing a copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

Amendment and periodic review of drug treatment and testing orders

92

After section 234D of the 1995 Act there shall be inserted the following sections—

(234E) (1) Where a drug treatment and testing order is in force either the offender or the supervising officer may apply to the appropriate court for variation or revocation of the order. (2) Where an application is made under subsection (1) above by the supervising officer, the court shall issue a citation requiring the offender to appear before the court. (3) On an application made under subsection (1) above and after hearing both the offender and the supervising officer, the court may by order, if it appears to it in the interests of justice to do so— (a) vary the order by— (i) amending or deleting any of its requirements or provisions; (ii) inserting further requirements or provisions; or (iii) subject to subsection (4) below, increasing or decreasing the treatment and testing period; or (b) revoke the order. (4) The power conferred by subsection (3)(a)(iii) above shall not be exercised so as to increase the treatment and testing period above the maximum for the time being specified in section 234B(2)(a) of this Act, or to decrease it below the minimum so specified. (5) Where the court, on the application of the supervising officer, proposes to vary (otherwise than by deleting a requirement or provision) a drug treatment and testing order, sections 234B(5) and 234D(1) of this Act shall apply to the variation of such an order as they apply to the making of such an order. (6) If an offender fails to appear before the court after having been cited in accordance with subsection (2) above, the court may issue a warrant for his arrest. (234F) (1) A drug treatment and testing order shall— (a) provide for the order to be reviewed periodically at intervals of not less than one month; (b) provide for each review of the order to be made, subject to subsection (5) below, at a hearing held for the purpose by the appropriate court (a “review hearing”); (c) require the offender to attend each review hearing; (d) provide for the supervising officer to make to the court, before each review, a report in writing on the offender’s progress under the order; and (e) provide for each such report to include the test results communicated to the supervising officer under section 234C(7)(c) of this Act and the views of the treatment provider as to the treatment and testing of the offender. (2) At a review hearing the court, after considering the supervising officer’s report, may amend any requirement or provision of the order. (3) The court— (a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; (b) shall not amend any provision of the order so as reduce the treatment and testing period below the minimum specified in section 234B(2)(a) of this Act or to increase it above the maximum so specified; and (c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending. (4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may revoke the order. (5) If at a review hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made without a hearing. (6) A review without a hearing shall take place in chambers without the parties being present. (7) If at a review without a hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress is no longer satisfactory, the court may issue a warrant for the arrest of the offender or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a citation requiring the offender to appear before that court as such time as may be specified in the citation. (8) Where an offender fails to attend— (a) a review hearing in accordance with a requirement contained in a drug treatment and testing order; or (b) a court at the time specified in a citation under subsection (7) above, the court may issue a warrant for his arrest. (9) Where an offender attends the court at a time specified by a citation issued under subsection (7) above— (a) the court may exercise the powers conferred by this section as if the court were conducting a review hearing; and (b) so amend the order as to provide for each subsequent review to be made at a review hearing.

Consequences of breach of drug treatment and testing order

93

After section 234F of the 1995 Act there shall be inserted the following sections—

(234G) (1) If at any time when a drug treatment and testing order is in force it appears to the appropriate court that the offender has failed to comply with any requirement of the order, the court may issue a citation requiring the offender to appear before the court at such time as may be specified in the citation or, if it appears to the court to be appropriate, it may issue a warrant for the arrest of the offender. (2) If it is proved to the satisfaction of the appropriate court that the offender has failed without reasonable excuse to comply with any requirement of the order, the court may by order— (a) without prejudice to the continuation in force of the order, impose a fine not exceeding level 3 on the standard scale; (b) vary the order; or (c) revoke the order. (3) For the purposes of subsection (2) above, the evidence of one witness shall be sufficient evidence. (4) A fine imposed under this section in respect of a failure to comply with the requirements of a drug treatment and testing order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted. (234H) (1) Where the court revokes a drugs treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made. (2) In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation. (3) Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is subject to— (a) a probation order, by virtue of section 234J of this Act; or (b) a restriction of liberty order, by virtue of section 245D of this Act; or (c) a restriction of liberty order and a probation order, by virtue of the said section 245D, the court shall, before disposing of the offender under subsection (1) above— (i) where he is subject to a probation order, discharge that order; (ii) where he is subject to a restriction of liberty order, revoke that order; and (iii) where he is subject to both such orders, discharge the probation order and revoke the restriction of liberty order.

Combination of orders

94

• (1) After section 234H of the 1995 Act there shall be inserted the following section—

(234J) (1) Notwithstanding sections 228(1) and 234B(2) of this Act, where the court considers it expedient that the offender should be subject to a drug treatment and testing order and to a probation order, it may make both such orders in respect of the offender. (2) In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act. (3) Where the court makes both a drug treatment and testing order and a probation order by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following— (a) the treatment provider within the meaning of section 234C(1); (b) the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act; and (c) if he would not otherwise receive a copy of the order, the officer of the local authority who is to supervise the probationer. (4) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above— (a) if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and (b) if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 232(2)(c) of this Act in relation to the probation order. (5) Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a probation order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section 232(2) of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.

• (2) Schedule 6 to this Act (Part I of which makes further provision in relation to the combination of drug treatment and testing orders with other orders and Part II of which makes provision in relation to appeals) shall have effect.

Interpretation provision in relation to drug treatment and testing orders

95

• (1) After section 234J of the 1995 Act there shall be inserted the following section—

(234K) In sections 234B to 234J of this Act— - “the appropriate court” means— 1. where the drug treatment and testing order has been made by the High Court, that court; 2. in any other case, the court having jurisdiction in the area of the local authority for the time being specified in the order under section 234C(6) of this Act, being a sheriff or district court according to whether the order has been made by a sheriff or district court, but in a case where an order has been made by a district court and there is no district court in that area, the sheriff court; and - “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.

• (2) In section 307(1) of the 1995 Act (interpretation), after the definition of “diet” there shall be inserted the following definition—

“drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;

.

Racial aggravation

Offences racially aggravated

96

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Part V — Miscellaneous and supplemental

Remands and committals

Remands and committals of children and young persons

97

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

Remands and committals: alternative provision for 15 or 16 year old boys

98

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

Release and recall of prisoners

Power to release short-term prisoners on licence

99

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

Curfew condition to be included in licence

100

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

Early release: two or more sentences

101

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

• (2) After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—

(4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.

Restriction on consecutive sentences for released prisoners

102

Recall to prison of short-term prisoners

103

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Release on licence following recall to prison

104

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

Release on licence following return to prison

105

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

Miscellaneous

Pre-consolidation amendments

106

The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.

Amendments to Chapter I of Part II of 1997 Act

107

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Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997

108

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

Transitional provisions in relation to certain life prisoners

109

• (1) Section 16 of the Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.

• (2) In subsection (2), at the beginning there shall be inserted the words “Except in a case to which subsection (3A) or (3B) below applies,”.

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

(3A) This subsection applies in a case where a person— (a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and (b) has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date. (3B) This subsection applies in a case where a person— (a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and (b) has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above. (3C) In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.

• (4) Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.

Calculation of period of detention at customs office etc. where person previously detained

110

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Early release in Scotland: two or more sentences

111

• (1) After section 1 of the 1993 Act there shall be inserted the following section—

(1A) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act— (a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms; (b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and (c) where he is released on licence under this Part of this Act, he shall be on a single licence which— (i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and (ii) shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences.

• (2) After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—

(8) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.

• (3) For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—

(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if— (a) the sentences were passed at the same time; or (b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.

• (4) In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—

• (a) for the words “a prisoner” there shall be substituted the words “ an existing prisoner ”;

• (b) the word “and” after head (a) shall cease to have effect;

• (c) in head (b), for the words “that date” there shall be inserted the words “ the date on which section 111 of the Crime and Disorder Act 1998 comes into force ”; and

• (d) after head (b) there shall be inserted the following—

; and (c) he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.

• (5) After that paragraph there shall be inserted the following paragraph—

(6C) (1) This paragraph applies where— (a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date; (b) on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and (c) the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above. (2) In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply. (3) In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply. (4) In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which— (a) shall (unless revoked) remain in force until the later of— (i) the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or (ii) the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and (b) shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date. (5) In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.

• (6) Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.

• (7) Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.

• (8) In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “ or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act ”.

Restriction on consecutive sentences for released prisoners: Scotland

112

After section 204 of the 1995 Act there shall be inserted the following section—

(204A) A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Deputy authorising officer under Part III of Police Act 1997

113

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

Supplemental

Orders and regulations

114

• (1) Any power of a Minister of the Crown or of the National Assembly for Wales to make an order or regulations under this Act—

• (a) is exercisable by statutory instrument; and

• (b) includes power to make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order or regulations.

• (2) A statutory instrument containing an order under section ...5(1A), (2) or (3). . . 10(6), 66C(1) or 66H(e)(vi) above (other than one made by the National Assembly for Wales), or containing regulations under section 6 or 17A or paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2A) Subsection (2) also applies to a statutory instrument containing—

• (a) an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or

• (b) an order under section 66G(5) other than the first such order.

• (3) No order under section 1F,5(6),13A(5),17(4), 38(5), 41(6) , 66A(6) or 115(3) above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (3A) Subsection (3) also applies to—

• (a) an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and

• (b) the first order under section 66G(5).

• (4) The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).

Disclosure of information

115

• (1) Any person who, apart from this subsection, would not have power to disclose information—

• (a) to a relevant authority; or

• (b) to a person acting on behalf of such an authority,

shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

• (2) In this section “relevant authority” means—

• (a) the chief officer of police for a police area in England and Wales;

• (b) the chief constable of the Police Service of Scotland;

• (c) a local policing body within the meaning given by section 101(1) of the Police Act 1996;

• (d) a local authority, that is to say—

• (i) in relation to England, a county council, a district council, a London borough council , a parish council or the Common Council of the City of London;

• (ii) in relation to Wales, a county council , a county borough council or a community council;

• (iii) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• (dza) a non-profit registered provider of social housing;

• (da) a person registered under section 1 of the Housing Act 1996 as a social landlord;

• (e) a local probation board in England and Wales;

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (eb) probation trust

• (ec) a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007

• (f) a Local Health Board;

• (fa) NHS England;

• (fb) an integrated care board;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) the London Fire Commissioner;

• (i) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (ia) a fire and rescue authority created by an order under section 4A of that Act;

• (j) a metropolitan county fire and rescue authority.

• (3) The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

• (a) adding an entry for any person or body to the list of authorities in subsection (2),

• (b) altering or repealing any entry for the time being included in the list, or

• (c) adding, altering or repealing provisions for the interpretation of entries in the list.

• (4) In subsection (3) “the appropriate national authority” has the same meaning as in section 5.

Transitory provisions

116

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General interpretation

117

• (1) In this Act—

• “the 1933 Act” means the Children and Young Persons Act 1933;

• “the 1969 Act” means the Children and Young Persons Act 1969;

• “the 1973 Act” means the Powers of Criminal Courts Act 1973;

• “the 1980 Act” means the Magistrates’ Courts Act 1980;

• “the 1982 Act” means the Criminal Justice Act 1982;

• “the 1984 Act” means the Police and Criminal Evidence Act 1984;

• “the 1985 Act” means the Prosecution of Offences Act 1985;

• “the 1989 Act” means the Children Act 1989;

• “the 1991 Act” means the Criminal Justice Act 1991;

• “the 1994 Act” means the Criminal Justice and Public Order Act 1994;

• “the 1997 Act” means the Crime (Sentences) Act 1997;

• “caution” has the same meaning as in Part V of the Police Act 1997;

• “child” means a person under the age of 14;

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

• “custodial sentence” has the meaning given by section 222 of the Sentencing Code;

• “guardian” has the same meaning as in the 1933 Act;

• “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

• “prescribed” means prescribed by an order made by the Secretary of State;

• “young person” means a person who has attained the age of 14 and is under the age of 18;

• “youth offending team” means a team established under section 39 above.

• (2) In this Act—

• “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993; and

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

• (3) For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

Provision for Northern Ireland

118

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 above—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments

119

The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Transitional provisions, savings and repeals

120

• (1) The transitional provisions and savings contained in Schedule 9 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

• (2) The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

121

• (1) This Act may be cited as the Crime and Disorder Act 1998.

• (2) This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

• (3) Without prejudice to the provisions of Schedule 9 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

• (4) Subject to subsections (5) to (12) below, this Act extends to England and Wales only.

• (5) The following provisions extend to Scotland only, namely—

• (a) Chapter II of Part I;

• (b) section 33;

• (c) Chapter II of Part IV;

• (d) sections 108 to 112 and 117(2); and

• (e) paragraphs 55, 70, 71, 98 to 108, 115 to 124 and 140 to 143 of Schedule 8 and section 119 above so far as relating to those paragraphs.

• (6) The following provisions also extend to Scotland, namely—

• (a) Chapter III of Part I;

• (b) section 36(3) to (5);

• (bb) sections 52A and 52B;

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

• (d) section 115;

• (e) paragraph 3 of Schedule 3 to this Act and section 52(6) above so far as relating to that paragraph;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) paragraphs 1, 7(1) and (3), 14(1) and (2), 35, 36, 45, 135, 136 and 138 of Schedule 8 to this Act and section 119 above so far as relating to those paragraphs; and

• (h) this section.

• (7) Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.

• (8) Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

• (9) Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

• (10) Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

• (11) The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

• (12) . . . and in Schedule 1 to the 1997 Act—

• (a) paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and

• (b) paragraph 19 (application of Schedule in relation to the Isle of Man),

apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.

SCHEDULE 1

SCHEDULE 2

Membership

1

The Secretary of State shall appoint one of the members of the Board to be their chairman.

2

• (1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Board, or as chairman of the Board, in accordance with the terms of his appointment.

• (2) An appointment as a member of the Board may be full-time or part-time.

• (3) The appointment of a person as a member of the Board, or as chairman of the Board, shall be for a fixed period of not longer than five years.

• (4) Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Board, or as chairman of the Board, expires shall be eligible for re-appointment.

• (5) No person may hold office as a member of the Board for a continuous period which is longer than ten years.

• (6) A person may at any time resign his office as a member of the Board, or as chairman of the Board, by notice in writing addressed to the Secretary of State.

• (7) The terms of appointment of a member of the Board, or the chairman of the Board, may provide for his removal from office (without cause being assigned) on notice from the Secretary of State of such length as may be specified in those terms, subject (if those terms so provide) to compensation from the Secretary of State; and in any such case the Secretary of State may remove that member from office in accordance with those terms.

• (8) Where—

• (a) the terms of appointment of a member of the Board, or the chairman of the Board, provide for compensation on his removal from office in pursuance of sub-paragraph (7) above; and

• (b) the member or chairman is removed from office in pursuance of that sub-paragraph,

the Board shall pay to him compensation of such amount, and on such terms, as the Secretary of State may with the approval of the Treasury determine.

• (9) The Secretary of State may also at any time remove a person from office as a member of the Board if satisfied—

• (a) that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time;

• (b) that he has been convicted of a criminal offence;

• (c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

• (d) that he is unable or unfit to discharge his functions as a member.

• (10) The Secretary of State shall remove a member of the Board, or the chairman of the Board, from office in pursuance of this paragraph by declaring his office as a member of the Board to be vacant and notifying that fact in such manner as the Secretary of State thinks fit; and the office shall then become vacant.

• (11) If the chairman of the Board ceases to be a member of the Board he shall also cease to be chairman.

Members and employees

3

• (1) The Board shall—

• (a) pay to members of the Board such remuneration;

• (b) pay to or in respect of members of the Board any such allowances, fees, expenses and gratuities; and

• (c) pay towards the provision of pensions to or in respect of members of the Board any such sums,

as the Board are required to pay by or in accordance with directions given by the Secretary of State.

• (2) Where a member of the Board was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above.

• (3) Where—

• (a) a person ceases to hold office as a member of the Board otherwise than on the expiry of his term of appointment; and

• (b) it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may direct the Board to make to the person a payment of such amount as the Secretary of State may determine.

4

• (1) The Board may appoint a chief executive and such other employees as the Board think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

• (2) The Board shall—

• (a) pay to employees of the Board such remuneration; and

• (b) pay to or in respect of employees of the Board any such allowances, fees, expenses and gratuities,

as the Board may, with the consent of the Secretary of State, determine.

• (3) Employment by the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

5

The Board shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

House of Commons disqualification

6

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place the following entry— “ The Youth Justice Board for England and Wales ”.

Procedure

7

• (1) The arrangements for the procedure of the Board (including the quorum for meetings) shall be such as the Board may determine.

• (2) The validity of any proceedings of the Board (or of any committee of the Board) shall not be affected by—

• (a) any vacancy among the members of the Board or in the office of chairman of the Board; or

• (b) any defect in the appointment of any person as a member of the Board or as chairman of the Board.

Annual reports and accounts

8

• (1) As soon as possible after the end of each financial year of the Board, the Board shall send to the Secretary of State a report on the discharge of their functions during that year.

• (2) The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under this paragraph.

9

• (1) The Board shall—

• (a) keep proper accounts and proper records in relation to the accounts; and

• (b) prepare a statement of accounts in respect of each financial year of the Board.

• (2) The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct.

• (3) The Board shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

• (4) The Comptroller and Auditor General shall—

• (a) examine, certify and report on the statement of accounts; and

• (b) lay a copy of the statement of accounts and of his report before each House of Parliament.

10

For the purposes of this Schedule the Board’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Board shall be the period beginning with the date of establishment of the Board and ending with the first 31st March which falls at least six months after that date.

Expenses

11

The Secretary of State shall out of money provided by Parliament pay to the Board such sums towards their expenses as he may determine.

SCHEDULE 3

Regulations

1

The Attorney General shall by regulations provide that, where a person is sent for trial under section 51 or 51A of this Act on any charge or charges, copies of the documents containing the evidence on which the charge or charges are based shall, . . .—

• (a) be served on that person; and

• (b) be given to the Crown Court sitting at the place specified in the notice under section 51D(1) of this Act before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period..

• (2) The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above.

Applications for dismissal

2

• (1) A person who is sent for trial under section 51 or 51A of this Act on any charge or charges may, at any time—

• (a) after he is served with copies of the documents containing the evidence on which the charge or charges are based; and

• (b) before he is arraigned (and whether or not an indictment has been preferred against him),

apply orally or in writing to the Crown Court sitting at the place specified in the notice under section 51D(1) of this Act for the charge, or any of the charges, in the case to be dismissed.

• (2) The judge shall dismiss a charge (and accordingly quash any count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for him to be properly convicted.

• (3) No oral application may be made under sub-paragraph (1) above unless the applicant has given to the Crown Court sitting at the place in question written notice of his intention to make the application.

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

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

• (6) If the charge, or any of the charges, against the applicant is dismissed—

• (a) no further proceedings may be brought on the dismissed charge or charges except by means of the preferment of a voluntary bill of indictment; and

• (b) unless the applicant is in custody otherwise than on the dismissed charge or charges, he shall be discharged.

• (7) Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—

• (a) as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);

• (b) as to the contents and form of notices or other documents;

• (c) as to the manner in which evidence is to be submitted; and

• (d) as to persons to be served with notices or other material.

Reporting restrictions

3

• (1) Except as provided by this paragraph, it shall not be lawful—

• (a) to publish in the United Kingdom a written report of an application under paragraph 2(1) above; or

• (b) to include in a relevant programme for reception in the United Kingdom a report of such an application,

if (in either case) the report contains any matter other than that permitted by this paragraph.

• (2) An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 2(1) above may be made by the judge dealing with the application.

• (3) Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

• (4) An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

• (5) It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 2(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

• (6) Where—

• (a) two or more persons were jointly charged; and

• (b) applications under paragraph 2(1) above are made by more than one of them,

sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “ all the applications are ”.

• (7) It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

• (8) The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say—

• (a) the identity of the court and the name of the judge;

• (b) the names, ages, home addresses and occupations of the accused and witnesses;

• (bb) where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;

• (c) the offence or offences, or a summary of them, with which the accused is or are charged;

• (d) the names of counsel and solicitors engaged in the proceedings;

• (e) where the proceedings are adjourned, the date and place to which they are adjourned;

• (f) the arrangements as to bail;

• (g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (9) The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—

• (a) at any relevant time; and

• (b) at the time of their publication or inclusion in a relevant programme.

• (9A) The following is relevant business information for the purposes of sub-paragraph (8) above—

• (a) any address used by the accused for carrying on a business on his own account;

• (b) the name of any business which he was carrying on on his own account at any relevant time;

• (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

• (d) the address of any such firm;

• (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

• (f) the address of the registered or principal office of any such company;

• (g) any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services.

• (10) If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—

• (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

• (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

• (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (11) Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

• (12) Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

• (13) In this paragraph—

• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

• “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

• “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

Power of justice to take depositions etc.

4

• (1) Sub-paragraph (2) below applies where a justice of the peace . . . is satisfied that—