Crime and Disorder Act 1998

(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

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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—

• (a) any person in England and Wales (“the witness”) is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings for an offence for which a person has been sent for trial under section 51 or 51A of this Act by a magistrates’ court . . . ; and

• (b) it is in the interests of justice to issue a summons under this paragraph to secure the attendance of the witness to have his evidence taken as a deposition or to produce the document or other exhibit.

• (2) In such a case the justice shall issue a summons directed to the witness requiring him to attend before a justice at the time and place appointed in the summons, and to have his evidence taken as a deposition or to produce the document or other exhibit.

• (3) If a justice of the peace is satisfied by evidence on oath of the matters mentioned in sub-paragraph (1) above, and also that it is probable that a summons under sub-paragraph (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

• (4) A summons may also be issued under sub-paragraph (2) above if the justice is satisfied that the witness is outside the British Islands, but no warrant may be issued under sub-paragraph (3) above unless the justice is satisfied by evidence on oath that the witness is in England and Wales.

• (5) If—

• (a) the witness fails to attend before a justice in answer to a summons under this paragraph;

• (b) the justice is satisfied by evidence on oath that the witness is likely to be able to make a statement or produce a document or other exhibit as mentioned in sub-paragraph (1)(a) above;

• (c) it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him for costs and expenses; and

• (d) it appears to the justice that there is no just excuse for the failure,

the justice may issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.

• (6) Where—

• (a) a summons is issued under sub-paragraph (2) above or a warrant is issued under sub-paragraph (3) or (5) above; and

• (b) the summons or warrant is issued with a view to securing that the witness has his evidence taken as a deposition,

the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before the relevant date.

• (7) If any person attending or brought before a justice in pursuance of this paragraph refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following—

• (a) commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as a deposition or produces the document or other exhibit;

• (b) impose on him a fine not exceeding £2,500.

• (8) A fine imposed under sub-paragraph (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

• (9) If in pursuance of this paragraph a person has his evidence taken as a deposition, the designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor and the Crown Court.

• (10) If in pursuance of this paragraph a person produces an exhibit which is a document, the designated officer for the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor and the Crown Court.

• (11) If in pursuance of this paragraph a person produces an exhibit which is not a document, the designated officer for the justice concerned shall as soon as is reasonably practicable inform the prosecutor and the Crown Court of that fact and of the nature of the exhibit.

• (12) In this paragraph—

• “prescribed” means prescribed by Criminal Procedure Rules;

• “the relevant date” means the expiry of the period referred to in paragraph 1(1) above.

Use of depositions as evidence

5

• (1) Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.

• (2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 or 51A of this Act or for any other offence arising out of the same transaction or set of circumstances.

• (3) Sub-paragraph (2) above does not apply if—

• (a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed;

• (b) the court of trial at its discretion orders that sub-paragraph (2) above shall not apply; or

• (c) a party to the proceedings objects to sub-paragraph (2) above applying.

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

Power of Crown Court to deal with summary offence

6

• (1) This paragraph applies where a magistrates’ court has sent a person for trial under section 51 or 51A of this Act for offences which include a summary offence.

• (2) If the person is convicted on the indictment, the Crown Court shall consider whether the summary offence is related to the indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent.

• (3) If it considers that the summary offence is so related, the court shall state to the person the substance of the offence and ask him whether he pleads guilty or not guilty.

• (4) If the person pleads guilty, the Crown Court shall convict him, but may deal with him in respect of the summary offence only in a manner in which a magistrates’ court could have dealt with him.

• (5) If he does not plead guilty, the powers of the Crown Court shall cease in respect of the summary offence except as provided by sub-paragraph (6) below.

• (6) If the prosecution inform the court that they would not desire to submit evidence on the charge relating to the summary offence, the court shall dismiss it.

• (7) The Crown Court shall inform the designated officer for the magistrates’ court of the outcome of any proceedings under this paragraph.

• (8) If the summary offence is one to which section 40 of the Criminal Justice Act 1988 applies, the Crown Court may exercise in relation to the offence the power conferred by that section; but where the person is tried on indictment for such an offence, the functions of the Crown Court under this paragraph in relation to the offence shall cease.

• (9) Where the Court of Appeal allows an appeal against conviction of an indictable offence which is related to a summary offence of which the appellant was convicted under this paragraph—

• (a) it shall set aside his conviction of the summary offence and give ... the magistrates’ court notice that it has done so; and

• (b) it may direct that no further proceedings in relation to the offence are to be undertaken;

and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.

• (10) A notice under sub-paragraph (9) above shall include particulars of any direction given under paragraph (b) of that sub-paragraph in relation to the offence.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) An offence is related to another offence for the purposes of this paragraph if it arises out of circumstances which are the same as or connected with those giving rise to the other offence.

Procedure where no indictable-only offence remains

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8

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9

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10

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11

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13

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Procedure for determining whether offences of criminal damage etc. are summary offences

14

• (1) This paragraph applies where the Crown Court has to determine, for the purposes of this Schedule, whether an offence which is listed in the first column of Schedule 2 to the 1980 Act (offences for which the value involved is relevant to the mode of trial) is a summary offence.

• (2) The court shall have regard to any representations made by the prosecutor or the accused.

• (3) If it appears clear to the court that the value involved does not exceed the relevant sum, it shall treat the offence as a summary offence.

• (4) If it appears clear to the court that the value involved exceeds the relevant sum, it shall treat the offence as an indictable offence.

• (5) If it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, the court shall ask the accused whether he wishes the offence to be treated as a summary offence.

• (6) Where sub-paragraph (5) above applies—

• (a) if the accused indicates that he wishes the offence to be treated as a summary offence, the court shall so treat it;

• (b) if the accused does not give such an indication, the court shall treat the offence as an indictable offence.

• (7) In this paragraph “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).

Power of Crown Court, with consent of legally-represented accused, to proceed in his absence

15

• (1) The Crown Court may proceed in the absence of the accused in accordance with such of the provisions of paragraph 14 above as are applicable in the circumstances if—

• (a) the accused is represented by a legal representative who signifies to the court the accused’s consent to the proceedings in question being conducted in his absence; and

• (b) the court is satisfied that there is good reason for proceeding in the absence of the accused.

• (2) Sub-paragraph (1) above is subject to the following provisions of this paragraph which apply where the court exercises the power conferred by that sub-paragraph.

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

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

• (5) Where paragraph 14 above applies and it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum, sub-paragraphs (5) and (6) of that paragraph shall not apply and—

• (a) the court shall ask the legal representative whether the accused wishes the offence to be treated as a summary offence;

• (b) if the legal representative indicates that the accused wishes the offence to be treated as a summary offence, the court shall so treat it;

• (c) if the legal representative does not give such an indication, the court shall treat the offence as an indictable offence.

SCHEDULE 4

Preliminary

1

Schedule 2 to the 1991 Act (enforcement etc. of community orders) shall be amended as follows.

Meaning of “relevant order” etc.

2

• (1) In sub-paragraph (1) of paragraph 1 (preliminary)—

• (a) after the words “a probation order,” there shall be inserted the words “ a drug treatment and testing order, ”; and

• (b) in paragraph (a), for the words “probation or community service order” there shall be substituted the words “ probation, community service or drug treatment and testing order ”.

• (2) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph—

(4) In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.

Breach of requirements of order

3

4

In sub-paragraph (1) of paragraph 4 (powers of Crown Court), after the word “Where” there shall be inserted the words “ under paragraph 2 or ”.

5

In sub-paragraph (2) of paragraph 5 (exclusions), for the words “is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol,” there shall be substituted the following paragraphs—

(a) is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or (b) is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,

.

Revocation of order

6

• (1) In sub-paragraph (1) of paragraph 7 (revocation of order by magistrates’ court), after the words “the petty sessions area concerned” there shall be inserted the words “ or, where the relevant order is a drug treatment and testing order for which a magistrates’ court is responsible, to that court ”.

• (2) In sub-paragraph (3) of that paragraph—

• (a) after the words “a probation order” there shall be inserted the words “ or drug treatment and testing order ”; and

• (b) after the word “supervision” there shall be inserted the words “ or, as the case may be, treatment ”.

7

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

• (2) In sub-paragraph (3) of that paragraph—

• (a) after the words “a probation order” there shall be inserted the words “ or drug treatment and testing order ”; and

• (b) after the word “supervision” there shall be inserted the words “ or, as the case may be, treatment ”.

8

In sub-paragraph (1) of paragraph 9 (revocation of order following custodial sentence), for paragraph (a) there shall be substituted the following paragraph—

(a) an offender in respect of whom a relevant order is in force is convicted of an offence— (i) by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or (ii) where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and

.

Amendment of order

9

In sub-paragraph (1) of paragraph 12 (amendment by reason of change of residence), after the words “a relevant order” there shall be inserted the words “ (other than a drug treatment and testing order) ”.

10

After paragraph 14 there shall be inserted the following paragraph—

(14A) (1) Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order— (a) vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or (b) amend the order on an application by that officer under sub-paragraph (3)(c) below. (2) Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled— (a) he shall make a report in writing to that effect to the responsible officer; and (b) that officer shall apply to the court for the variation or cancellation of the requirement. (3) Where the responsible officer is of the opinion— (a) that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider; (b) that any other requirement of the order, or a provision of the order, should be varied or cancelled; or (c) that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa, he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order. (4) The court— (a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and (b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified. (5) 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— (a) revoke the order; and (b) deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence. (6) In dealing with the offender under sub-paragraph (5)(b) above, the court— (a) shall take into account the extent to which the offender has complied with the requirements of the order; and (b) may impose a custodial sentence notwithstanding anything in section 1(2) of this Act. (7) Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”. (8) In this paragraph— - “review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998; - “the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.

11

In paragraph 16 (order not to be amended pending appeal), after the words “paragraph 13 or 15 above” there shall be inserted the words “ or, except with the consent of the offender, under paragraph 14A above ”.

12

• (1) In sub-paragraph (1) of paragraph 18 (notification of amended order), after the words “a relevant order” there shall be inserted the words “ (other than a drug treatment and testing order) ”.

• (2) After that sub-paragraph there shall be inserted the following sub-paragraph—

(1A) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.

• (3) In sub-paragraph (2) of that paragraph, after the words “sub-paragraph (1)” there shall be inserted the words “ or (1A) ”.

SCHEDULE 5

Preliminary

1

In this Schedule—

• “the appropriate court”, in relation to a reparation order or action plan order, means the youth court acting for the petty sessions area for the time being named in the order in pursuance of section 67(9) or, as the case may be, section 69(9) of this Act;

• “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the 1989 Act).

General power to discharge or vary order

2

• (1) If while a reparation order or action plan order is in force in respect of an offender it appears to the appropriate court, on the application of the responsible officer or the offender, that it is appropriate to make an order under this sub-paragraph, the court may make an order discharging the reparation order or action plan order or varying it—

• (a) by cancelling any provision included in it; or

• (b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

• (2) Where an application under this paragraph for the discharge of a reparation order or action plan order is dismissed, no further application for its discharge shall be made under this paragraph by any person except with the consent of the appropriate court.

Failure to comply with order

3

• (1) This paragraph applies where a reparation order or action plan order is in force and it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement included in the order.

• (2) The court—

• (a) whether or not it also makes an order under paragraph 2 above, may order the offender to pay a fine of an amount not exceeding £1,000, or make an attendance centre order or curfew order in respect of him; or

• (b) if the reparation order or action plan order was made by a magistrates’ court, may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or

• (c) if the reparation order or action plan order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.

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

• (4) Where a court deals with an offender under sub-paragraph (2)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—

• (a) particulars of the offender’s failure to comply with the requirement in question; and

• (b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

• (5) Where—

• (a) by virtue of sub-paragraph (2)(c) above the offender is brought or appears before the Crown Court; and

• (b) it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,

that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.

• (6) Where the Crown Court deals with an offender under sub-paragraph (5) above, it shall revoke the reparation order or action plan order if it is still in force.

• (7) A fine imposed under this paragraph shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

• (8) In dealing with an offender under this paragraph, a court shall take into account the extent to which he has complied with the requirements of the reparation order or action plan order.

• (9) Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—

• (a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

• (b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.

Presence of offender in court, remands etc.

4

• (1) Where the responsible officer makes an application under paragraph 2 or 3 above to the appropriate court, he may bring the offender before the court and, subject to sub-paragraph (9) below, the court shall not make an order under that paragraph unless the offender is present before it.

• (2) Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2 or 3 above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

• (3) Subsections (3) and (4) of section 55 of the 1980 Act (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under sub-paragraph (2) above as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “ cannot be served or ”.

• (4) Where the offender is arrested in pursuance of a warrant under sub-paragraph (2) above and cannot be brought immediately before the appropriate court, the person in whose custody he is—

• (a) may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

• (b) shall within that period bring him before a youth court.

• (5) Where an offender is, under sub-paragraph (4) above, brought before a youth court other than the appropriate court, that court may—

• (a) direct that he be released forthwith; or

• (b) subject to sub-paragraph (7A) below, remand him to local authority accommodation.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Subject to sub-paragraph (7A) below, where an application is made to a court under paragraph 2(1) above, the court may remand (or further remand) the offender to local authority accommodation if—

• (a) a warrant has been issued under sub-paragraph (2) of this paragraph for the purpose of securing the attendance of the offender before the court; or

• (b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under paragraph 2(1) above.

• (7A) Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

• (a) to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or

• (b) to a prison, if it has not been so notified.

• (8) A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority—

• (a) specified by the court; and

• (b) in whose area the offence or an offence associated with it was committed.

• (9) A court may make an order under paragraph 2 above in the absence of the offender if the effect of the order is one or more of the following, that is to say—

• (a) discharging the reparation order or action plan order;

• (b) cancelling a requirement included in the reparation order or action plan order;

• (c) altering in the reparation order or action plan order the name of any area;

• (d) changing the responsible officer.

Supplemental

5

• (1) The provisions of section 17 of the 1982 Act (attendance centre orders) shall apply for the purposes of paragraph 3(2)(a) above but as if—

• (a) in subsection (1), for the words from “has power” to “probation order” there were substituted the words “ considers it appropriate to make an attendance centre order in respect of any person in pursuance of paragraph 3(2) of Schedule 5 to the Crime and Disorder Act 1998 ”; and

• (b) subsection (13) were omitted.

• (2) Sections 18 and 19 of the 1982 Act (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of that paragraph but as if there were omitted—

• (a) from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and

• (b) from subsection (4B) of section 18 and subsection (6) of section 19, the words “for an offence”.

• (3) The provisions of section 12 of the 1991 Act (curfew orders) shall apply for the purposes of paragraph 3(2)(a) above but as if—

• (a) in subsection (1), for the words from the beginning to “before which he is convicted” there were substituted the words “ Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of paragraph 3(2)(a) of Schedule 5 to the Crime and Disorder Act 1998, the court ”; and

• (b) in subsection (8), for the words “on conviction” there were substituted the words “ on the date on which his failure to comply with a requirement included in the reparation order or action plan order was proved to the court ”.

• (4) Schedule 2 to the 1991 Act (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that paragraph but as if—

• (a) the power conferred on the magistrates’ court by each of paragraphs 3(1)(d) and 7(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;

• (b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;

• (c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and

• (d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court (if that order was made by a magistrates’ court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.

• (5) For the purposes of the provisions mentioned in sub-paragraph (4)(a) and (d) above, as applied by that sub-paragraph, if the reparation order or action plan order is no longer in force the appropriate court’s powers shall be determined on the assumption that it is still in force.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The offender may appeal to the Crown Court against—

• (a) any order made under paragraphs 2 or 3 above, except an order made or which could have been made in his absence (by virtue of paragraph 4(9) above);

• (b) the dismissal of an application under paragraph 2 above to discharge a reparation order or action plan order.

SCHEDULE 6

Part I — Amendments relating to combination of orders

1

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2

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3

For section 245D there shall be substituted the following section—