Crime and Disorder Act 1998

• (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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10

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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

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2

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3

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

(245D) (1) Subsection (3) applies where the court— (a) intends to make a restriction of liberty order under section 245A(1) of this Act; and (b) considers it expedient that the offender should also be subject to a probation order made under section 228(1) of this Act or to a drug treatment and testing order made under section 234B(2) of this Act or to both such orders. (2) In deciding whether it is expedient to make a probation order or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall— (a) have regard to the circumstances, including the nature of the offence and the character of the offender; and (b) obtain a report as to the circumstances and character of the offender. (3) Where this subsection applies, the court, notwithstanding sections 228(1), 234B(2) and 245A(1) of this Act, may make a restriction of liberty order and either or both of a probation order and a drug treatment and testing order. (4) Where the court makes a restriction of liberty order and a probation order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to— (a) any person responsible for monitoring the offender’s compliance with the restriction of liberty order; and (b) the officer of the local authority who is to supervise the probationer. (5) Where the court makes a restriction of liberty order and a drug treatment and testing order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to— (a) any person responsible for monitoring the offender’s compliance with the restriction of liberty order; (b) the treatment provider, within the meaning of section 234C(1) of this Act; and (c) the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act. (6) Where the court makes a restriction of liberty order, a probation order and a drug treatment and testing order the clerk of the court shall send copies of each of the orders to the persons mentioned— (a) in subsection (4) above; (b) in paragraph (b) of subsection (5) above; and (c) in paragraph (c) of that subsection, if that person would not otherwise receive such copies. (7) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (3) 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 powers conferred by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which the offender is subject by virtue of subsection (3) above and by section 245F(2) of this Act in relation to the restriction of liberty order; (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 powers conferred by section 232(2)(c) of this Act in relation to a probation order to which the offender is subject by virtue of subsection (3) above and by section 245F(2)(b) of this Act in relation to the restriction of liberty order; and (c) if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 232(2)(c) of this Act in relation to a probation order and by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which, in either case, the offender is subject by virtue of subsection (3) above. (8) In any case to which this subsection applies, the offender may, without prejudice to subsection (7) above, be dealt with as respects that case under section 232(2) or, as the case may be, section 234G or section 245F(2) of this Act but he shall not be liable to be otherwise dealt with as respects that case. (9) Subsection (8) applies in a case where— (a) the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a probation order to which he is subject by virtue of subsection (3) above; (b) the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a drug treatment and testing order to which he is subject by virtue of subsection (3) above; (c) the offender by an act or omission fails to comply with a requirement contained in each of a restriction of liberty order, a probation order and a drug treatment and testing order to which he is subject by virtue of subsection (3) above.

4

• (1) Section 245G (disposal on revocation of restriction of liberty order) shall be amended as follows.

• (2) In subsection (2), for the words from “by” to the end there shall be substituted the words

by virtue of section 245D(3) of this Act, subject to a probation order or a drug treatment and testing order or to both such orders, it shall, before disposing the offender under subsection (1) above— (a) where he is subject to a probation order, discharge that order; (b) where he is subject to a drug treatment and testing order, revoke that order; and (c) where he is subject to both such orders, discharge the probation order and revoke the drug treatment and testing order.

• (3) After subsection (2) there shall be added—

(3) Where the court orders a probation order discharged or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act. (4) Where the court orders a probation order discharged and a drug treatment and testing order revoked, the clerk of the court shall forthwith give copies of that order to the persons mentioned in section 245D(6) of this Act.

Part II — Amendments relating to appeals

5

In section 106 (solemn appeals), in paragraph (d), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.

6

• (1) Section 108 (right of appeal of prosecutor) shall be amended as follows.

• (2) In subsection (1), after paragraph (d) there shall be inserted the following paragraph—

(dd) a drug treatment and testing order;

.

• (3) In subsection (2)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.

7

• (1) Section 175 (appeals in summary cases) shall be amended as follows.

• (2) In subsection (2)(c), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.

• (3) In subsection (4), after paragraph (d) there shall be inserted the following paragraph—

(dd) a drug treatment and testing order;

.

• (4) In subsection (4A)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.

SCHEDULE 7

Children and Young Persons Act 1933 (c. 12)

1

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

Criminal Justice Act 1967 (c. 80)

2

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

Children and Young Persons Act 1969 (c. 54)

3

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

4

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

5

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

6

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

7

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

8

In section 34(1)(c) of the 1969 Act (power of Secretary of State to amend references to young person), the words “7(7), 7(8),” shall cease to have effect.

9

Section 69(5) of the 1969 Act (power to include in commencement order certain consequential provisions) shall cease to have effect.

10

In section 70 of the 1969 Act (interpretation), for subsections (1A) and (1B) there shall be substituted the following subsections—

(1A) In the case of a child or young person— (a) whose father and mother were not married to each other at the time of his birth, and (b) with respect to whom a residence order is in force in favour of the father, any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father. (1B) In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 and “residence order” has the meaning given by section 8(1) of the Children Act 1989.

11

In Schedule 6 to the 1969 Act (repeals), the entries relating to sections 55, 56(1) and 59(1) of the 1933 Act (which entries have never come into force or are spent) are hereby repealed.

Criminal Justice Act 1972 (c. 71)

12

Section 49 of the Criminal Justice Act 1972 (community service order in lieu of warrant of commitment for failure to pay fine etc.) shall cease to have effect.

Powers of Criminal Courts Act 1973 (c. 62)

13

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

14

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

15

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

16

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

17

Section 11 of the 1973 Act (which is superseded by the paragraph 8A inserted by this Schedule in Schedule 2 to the 1991 Act) shall cease to have effect.

18

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

19

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

20

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21

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22

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23

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

24

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

25

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26

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

27

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

Magistrates' Courts Act 1980 (c. 43)

28

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

29

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

30

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

31

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

32

In section 85(1)(a) of the 1980 Act (power to remit fine), for the words “section 74” there shall be substituted the words “ section 77 ”.

Criminal Justice Act 1982 (c. 48)

33

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

34

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

35

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36

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37

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

38

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

Criminal Justice Act 1988 (c. 33)

39

Paragraph 40 of Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments) shall cease to have effect.

Criminal Justice Act 1991 (c. 53)

40

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

41

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

42

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

43

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

44

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

45

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

46

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

Crime (Sentences) Act 1997 (c. 43)

47

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

48

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

49

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

50

• (1) In subsection (2)(a) of section 35 of the 1997 Act (community sentences for fine defaulters), for the words “and (11)” there shall be substituted the words “ , (10) and (11) ”.

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

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

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

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

• (6) In subsection (10) of that section, for the words “subsection (2)(b)” there shall be substituted the words “ subsection (2)(a) or (b) ”.

51

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

52

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

53

In section 54 of the 1997 Act (general interpretation), after subsection (3) there shall be added the following subsection—

(4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.

54

In section 55(2) of the 1997 Act (interpretation of minor and consequential amendments), for the words “in any case where” (in both places where they occur) there shall be substituted the word “ and ”.

SCHEDULE 8

Children and Young Persons Act 1933 (c. 12)

1

In subsection (4A) of section 49 of the 1933 Act (restrictions on reports of proceedings), for paragraph (e) there shall be substituted the following paragraph—

(e) where a detention and training order is made, the enforcement of any requirements imposed under section 76(6)(b) of the Crime and Disorder Act 1998.

2

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

3

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

4

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

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

5

• (1) In subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders)—

• (a) after paragraph (ab) there shall be inserted the following paragraph—

(ac) the person charged has been sent for trial for the offence under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998 (“the 1998 Act”); or

; and

• (b) after paragraph (b) there shall be inserted the words

or (c) the bill is preferred under section 22B(3)(a) of the Prosecution of Offences Act 1985.

• (2) After paragraph (iA) of the proviso to that subsection there shall be inserted the following paragraph—

(iB) in a case to which paragraph (ac) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 51(7) of the 1998 Act, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may be lawfully joined in the same indictment;

.

Prison Act 1952 (c. 52)

6

In subsection (1) of section 43 of the Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them), for paragraph (d) there shall be substituted the following paragraph—

(d) secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under section 73 of the Crime and Disorder Act 1998 may be detained and given training and education and prepared for their release.

7

• (1) In subsection (1) of section 49 of that Act (persons unlawfully at large), for the words from “imprisonment” to “secure training centre” there shall be substituted the words “ imprisonment or custody for life or ordered to be detained in secure accommodation or in a young offenders institution ”.

• (2) In subsection (2) of that section—

• (a) for the words from “imprisonment” to “secure training centre” there shall be substituted the words “ imprisonment, or ordered to be detained in secure accommodation or in a young offenders institution ”; and

• (b) for the words from “in a prison” to “secure training centre” there shall be substituted the words “ in a prison or remand centre, in secure accommodation or in a young offenders institution ”.

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

(5) In this section “secure accommodation” means— (a) a young offender institution; (b) a secure training centre; or (c) any other accommodation that is secure accommodation within the meaning given by section 75(7) of the Crime and Disorder Act 1998 (detention and training orders).

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

8

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

Criminal Justice Act 1967 (c. 80)

9

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

10

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

11

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

Criminal Appeal Act 1968 (c. 19)

12

In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words “for either way offence)” there shall be inserted the words “ or paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence) ”.

13

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

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

Firearms Act 1968 (c. 27)

14

• (1) In subsection (2) of section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), after the words “a secure training order” there shall be inserted the words “ or a detention and training order ”.

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

(c) in the case of a person who has been subject to a detention and training order— (i) the date on which he is released from detention under the order; (ii) the date on which he is released from detention ordered under section 77 of the Crime and Disorder Act 1998; or (iii) the date of the half-way point of the term of the order, whichever is the later.

15

In subsection (1) of section 52 of that Act (forfeiture and disposal of firearms), for the words “secure training order” there shall be substituted the words “ detention and training order ”.

Children and Young Persons Act 1969 (c. 54)

16

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

17

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

18

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

19

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

20

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

21

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

22

In subsection (14) of section 23 of the 1969 Act (remands and committals to local authority accommodation), paragraph (a) shall cease to have effect.

23

In subsection (1) of section 70 of the 1969 Act (interpretation), after the definition of “young person” there shall be inserted the following definition—

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

Superannuation Act 1972 (c. 11)

24

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of “Other Bodies” there shall be inserted the following entry— “ Youth Justice Board for England and Wales. ”

Powers of Criminal Courts Act 1973 (c. 62)

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

Rehabilitation of Offenders Act 1974 (c. 53)

35

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

36

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

Bail Act 1976 (c. 63)

37

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

38

In paragraph 8(1) of Schedule 1 to that Act (persons entitled to bail: supplementary provisions), after the words “subsection (6)(d)” there shall be inserted the words “ or (e) ”.

Magistrates' Courts Act 1980 (c. 43)

39

In subsection (3) of section 11 of the 1980 Act (certain sentences and orders not to be made in absence of accused), for the words “secure training order” there shall be substituted the words “ detention and training order ”.

40

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

41

Section 37 of the 1980 Act (committal to Crown Court with a view to greater term of detention in a young offender institution) shall cease to have effect.

42

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

43

In subsection (2) of section 108 of the 1980 Act (right of appeal to the Crown Court), the words “a probation order or” shall cease to have effect.

44

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

45

In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)—

• (a) the word “and” at the end of paragraph (c) shall cease to have effect;

• (b) after that paragraph there shall be inserted the following paragraph—

(cc) warrants of arrest issued under section 97A above;

; and

• (c) after paragraph (d) there shall be inserted the words

; and (e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.

46

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

Supreme Court Act 1981 (c. 54)

47

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

48

In subsection (1)(a) of section 81 of the Supreme Court Act 1981 (bail), after the words “Criminal Justice Act 1987” there shall be inserted the words “ or who has been sent in custody to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 ”.

Criminal Justice Act 1982 (c. 48)

49

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

50

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

51

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

52

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

53

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

Mental Health Act 1983 (c. 20)

54

In subsection (8) of section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship), for the words from “pass sentence of imprisonment” to “in respect of the offender” there shall be inserted the following paragraphs—

(a) pass a sentence of imprisonment, impose a fine or make a community order (within the meaning of Part I of the Criminal Justice Act 1991) in respect of the offence; or (b) make an order under section 58 of that Act (binding over of parent or guardian) in respect of the offender,

.

Mental Health (Scotland) Act 1984 (c. 36)

55

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

Repatriation of Prisoners Act 1984 (c. 47)

56

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

57

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

58

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

59

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

60

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

Police and Criminal Evidence Act 1984 (c. 60)

61

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

62

After section 47 of the 1984 Act there shall be inserted the following section—

(47A) Where a person has been charged with an offence at a police station, any requirement imposed under this Part for the person to appear or be brought before a magistrates’ court shall be taken to be satisfied if the person appears or is brought before the clerk to the justices for a petty sessions area in order for the clerk to conduct a hearing under section 50 of the Crime and Disorder Act 1998 (early administrative hearings).

Prosecution of Offences Act 1985 (c. 23)

63

In subsection (2) of section 23 of the 1985 Act (discontinuance of proceedings), after paragraph (b) there shall be inserted the following paragraph—

(c) in the case of any offence, any stage of the proceedings after the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only and related offences).

64

After that section there shall be inserted the following section—

(23A) (1) This section applies where— (a) the Director of Public Prosecutions, or a public authority (within the meaning of section 17 of this Act), has the conduct of proceedings for an offence; and (b) the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 for the offence. (2) Where, at any time before the indictment is preferred, the Director or authority gives notice under this section to the Crown Court sitting at the place specified in the notice under section 51(7) of the Crime and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice. (3) The Director or authority shall, in any notice given under subsection (2) above, give reasons for not wanting the proceedings to continue. (4) On giving any notice under subsection (2) above the Director or authority shall inform the accused of the notice; but the Director or authority shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue. (5) The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence.

Criminal Justice Act 1987 (c. 38)

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Criminal Justice Act 1988 (c. 33)

66

In subsection (1) of section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.), at the end there shall be inserted the words “ or are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51), has been served on the person charged ”.

Legal Aid Act 1988 (c. 34)

67

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Children Act 1989 (c. 41)

68

In subsection (4) of section 8 of the 1989 Act (which defines “family proceedings”), after paragraph (h) there shall be inserted the following paragraph—

(i) sections 11 and 12 of the Crime and Disorder Act 1998.

69

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Prisons (Scotland) Act 1989 (c. 45)

70

• (1) Section 16 of the Prisons (Scotland) Act 1989 (discharge of prisoners) which, notwithstanding its repeal by the Prisoners and Criminal Proceedings (Scotland) Act 1993, is an “existing provision” for the purposes of Schedule 6 to that Act of 1993, shall for those purposes be amended as follows.

• (2) In subsection (1), for the words “or Sunday” there shall be substituted the words “ Sunday or public holiday ”.

• (3) At the end there shall be inserted the following subsection—

(3) For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.

71

In section 39 of that Act (rules for the management of prisons)—

• (a) in subsection (7)—

• (i) at the beginning there shall be inserted the words “ Subject to subsection (7A) below, ”;

• (ii) for the words “a short-term or long-term prisoner within the meaning of” there shall be substituted the words “ any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of ”; and

• (iii) the words from “and the foregoing” to the end shall cease to have effect; and

• (b) after that subsection there shall be inserted the following subsections—

(7A) Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act. (7B) In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.

Criminal Justice Act 1991 (c. 53)

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95

In subsection (1) of section 99 of the 1991 Act (general interpretation), after the definition of “young person” there shall be inserted the following definition—

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

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97

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Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

98

• (1) In subsection (1) of section 1 of the 1993 Act (release of short-term, long-term and life prisoners), at the beginning there shall be inserted the words “ Subject to section 26A(4) of this Act, ”.

• (2) In subsection (2) of that section, at the end there shall be added the words “ unless he has before that time been so released, in relation to that sentence, under any provision of this Act ”.

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

(3A) Subsections (1) to (3) above are subject to section 1A of this Act.

99

• (1) After subsection (1) of section 4 of the 1993 Act (persons detained under the Mental Health (Scotland) Act 1984) there shall be inserted the following subsection—

(1A) This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made.

• (2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.

100

In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)—

• (a) in subsection (1), for the words “and (3)” there shall be substituted the words “ to (4) ”; and

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

(4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment.

101

In section 7 of the 1993 Act (children detained in solemn proceedings)—

• (a) in subsection (1)(b), at the end there shall be added the words “ unless he has before that time been so released, in relation to that sentence, under any provision of this Act ”;

• (b) after that subsection there shall be inserted the following subsections—

(2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term. (2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply. (2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years— (a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and (b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.

;

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

(4A) Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence.

; and

• (d) in subsection (5), after the word “construed” there shall be inserted the words “ and sections 1A and 27 shall apply ”.

102

In section 11 of the 1993 Act (duration of licences), subsections (3)(b) and (4) shall cease to have effect.

103

In section 14 of the 1993 Act (supervised release of short-term prisoners), subsections (2) and (3) shall cease to have effect.

104

• (1) In subsection (1) of section 16 of the 1993 Act (orders for return to prison after commission of further offence), after the word “released” there shall be inserted the words “ at any time ”.

• (2) In paragraph (a) of subsection (7) of that section, after the word “shall” there shall be inserted the words “ , if the licence is in force when the order is made, ”.

• (3) Paragraph (b) of that subsection shall cease to have effect.

105

In section 17 of the 1993 Act (revocation of licence), after subsection (4) there shall be inserted the following subsection—

(4A) Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above.

106

In section 20 of the 1993 Act (Parole Board for Scotland), at the end of subsection (4) there shall be inserted the words— “ and rules under this section may make different provision for different classes of prisoner. ”

107

After subsection (7) of section 27 of the 1993 Act (interpretation) there shall be inserted the following subsection—

(8) For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.

108

In Schedule 6 to the 1993 Act (transitional provisions), after paragraph 6C there shall be inserted the following paragraph—

(6D) Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act.

Probation Service Act 1993 (c. 47)

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Criminal Justice and Public Order Act 1994 (c. 33)

111

In subsection (3) of section 12 of the 1994 Act (escort arrangements and officers), after the words “secure training orders” there shall be inserted the words “ or detention and training orders ”.

112

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113

• (1) In sub-paragraph (1) of paragraph 3 of Schedule 2 to the 1994 Act (certification of custody officers: England and Wales)—

• (a) in paragraph (b), for the words “person in charge” there shall be substituted the word “ monitor ”; and

• (b) in paragraph (c), for the words “person in charge” there shall be substituted the word “ governor ”.

• (2) In sub-paragraph (2) of that paragraph, for the words “or person in charge” there shall be substituted the words “ , monitor or governor ”.

Drug Trafficking Act 1994 (c. 37)

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Proceeds of Crime (Scotland) Act 1995 (c. 43)

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Criminal Procedure (Scotland) Act 1995 (c. 46)

117

• (1) For section 18(3) of the 1995 Act (prints and samples) there shall be substituted the following subsection—

(3) Subject to subsection (4) below, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act.

• (2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 August 1997.

118

In subsection (3) of section 49 of the 1995 Act (references to children’s hearings), in paragraph (b), after the words “the sheriff” there shall be inserted the words “ or district ”.

119

In section 106(1)(bb) of the 1995 Act (appeals against automatic sentences), which is prospectively inserted by section 18(1) of the Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.

120

In section 108A of the 1995 Act (prosecutor’s right of appeal against refusal to impose automatic sentence), which is prospectively inserted by section 18(2) of the Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.

121

In section 118(4A) of the 1995 Act (disposal of appeals), which is prospectively inserted by section 18(5) of the Crime and Punishment (Scotland) Act 1997, in paragraph (c), sub-paragraph (iii) shall cease to have effect.

122

In section 167 of the 1995 Act (findings and sentences in summary proceedings), in subsection (7), at the beginning there shall be inserted the words “ Subject to section 204A of this Act, ”.

123

In subsection (5C) of section 175 of the 1995 Act (right of appeal in summary proceedings), the words “paragraph (a) of” shall be omitted.

124

In subsection (1) of section 307 of the 1995 Act (interpretation), in the definition of “officer of law”—

• (a) after paragraph (b) there shall be inserted the following paragraph—

(ba) any person commissioned by the Commissioners of Customs and Excise;

; and

• (b) in paragraph (e), for the words “class or persons” there shall be substituted the words “ class of persons ”.

Criminal Procedure and Investigations Act 1996 (c. 25)

125

In subsection (2) of section 1 of the Criminal Procedure and Investigations Act 1996 (application of Part I of that Act)—

• (a) after paragraph (c) there shall be inserted the following paragraph—

(cc) a person is charged with an offence for which he is sent for trial under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998,

; and

• (b) at the end there shall be inserted the words

or (f) a bill of indictment charging a person with an indictable offence is preferred under section 22B(3)(a) of the Prosecution of Offences Act 1985.

126

In section 5 of that Act (compulsory disclosure by accused), after subsection (3) there shall be inserted the following subsection—

(3A) Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless— (a) copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and (b) a copy of the notice under subsection (7) of section 51 of that Act has been served on him under that subsection.

127

In subsection (1) of section 13 of that Act (time limits: transitional)—

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

• (b) after the words “section 1(2)(e)” there shall be inserted the words “ or (f) ”.

128

In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words “committed for trial” there shall be inserted the words “ , or sent for trial under section 51 of the Crime and Disorder Act 1998, ”.

129

In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words “committed for trial for the offence concerned” there shall be inserted the words “ , after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998, ”.

Crime (Sentences) Act 1997 (c. 43)

130

• (1) In subsection (3) of section 28 of the 1997 Act (duty to release certain life prisoners), after paragraph (b) there shall be inserted the words

and (c) the provisions of this section as compared with those of sections 33(2) and 35(1) of the Criminal Justice Act 1991 (“the 1991 Act”)

.

• (2) In subsection (7) of that section, in paragraph (c), for the words from “the time when” to the end there shall be substituted the words “ he has served one-half of that sentence ”.

131

• (1) In subsection (2) of section 31 of the 1997 Act (duration and conditions of licences), the words “(which shall include on his release conditions as to his supervision by a probation officer)” shall cease to have effect.

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

(2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by— (a) a probation officer appointed for or assigned to the petty sessions area within which the prisoner resides for the time being; (b) where the prisoner is under the age of 22, a social worker of the social services department of the local authority within whose area the prisoner resides for the time being; or (c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.

• (3) In subsection (6) of that section, for the words “section 24(2) above” there shall be substituted the words “ section 46(3) of the 1991 Act ”, and for the words “the words in parentheses” there shall be substituted the words “ subsection (2A) above ”.

132

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133

In section 54 of the 1997 Act (general interpretation), subsection (2) shall cease to have effect.

134

Subsection (5)(b) of section 57 of the 1997 Act (short title, commencement and extent) shall have effect as if the reference to the Channel Islands included a reference to the Isle of Man.

135

• (1) Schedule 1 to the 1997 Act (transfer of prisoners within the British Islands) shall be amended as follows.

• (2) In sub-paragraph (3) of paragraph 6—

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

(aa) in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under section 76(6)(b) of the Crime and Disorder Act 1998;

; and

• (b) in paragraph (b), for the words “recalled to prison under the licence” there shall be substituted the words “ recalled or returned to prison ”.

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

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

• (5) In paragraph 10—

• (a) in sub-paragraph (2)(a)—

• (i) for the words from “sections” to “ “1997 Act”)” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) ”; and

• (ii) after the word “3,” there shall be inserted words “ 6(1)(b)(i) and (iii) ”;

• (b) in sub-paragraph (2)(b), for the words “sub-paragraphs (3) and (4)” there shall be substituted the words “ sub-paragraph (3) ”;

• (c) sub-paragraph (4) shall cease to have effect;

• (d) in sub-paragraph (5)(a), for the words from “sections 15” to “37 of the 1997 Act” there shall be substituted the words “ sections 1A, 2(4), 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”;

• (e) for sub-paragraph (6)(b) there shall be substituted the following sub-paragraph—

(b) in the said sub-paragraph (2) the reference to section 6(1)(b)(i) of the 1993 Act is a reference to that provision so far as it relates to a person sentenced under section 205(3) of the Criminal Procedure (Scotland) Act 1995.

; and

• (f) for sub-paragraph (7) there shall be substituted the following sub-paragraph—

(7) Any provision of Part I of the 1993 Act which is applied by sub-paragraph (2) or (5) above shall have effect (as so applied) as if any reference to a chief social work officer were a reference to a chief social worker of a local authority social services department.

• (6) In paragraph 11—

• (a) in sub-paragraph (2)(a)—

• (i) for the words from “sections” to “ “1997 Act”)” there shall be substituted the words “ sections 1, 1A, 3, 3A, 5, 6(1)(a), 7, 9, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”; and

• (ii) after the word “3,” there shall be inserted the words “ 6(1)(b)(i) and (iii), ”;

• (b) in sub-paragraph (4)(a), for the words from “sections 15” to “37 of the 1997 Act” there shall be substituted the words “ sections 1A, 3A, 11 to 13, 15 to 21, 26A and 27 of, and Schedules 2 and 6 to, the 1993 Act ”;

• (c) in sub-paragraph (5), for the words “Sub-paragraph (5)” there shall be substituted the words “ Sub-paragraph (6) ”; and