Crime and Disorder Act 1998

Nothing in section 34 of this Act shall apply in relation to anything done before the commencement of that section.

Effect of child’s silence at trial

2

Nothing in section 35 of this Act shall apply where the offence was committed before the commencement of that section.

Sexual or violent offenders: extended sentences

3

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Drug treatment and testing orders

4

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Young offenders: cautions

5

• (1) Any caution given to a child or young person before the commencement of section 65 of this Act shall be treated for the purposes of subsections (2) and (4) of that section as a reprimand.

• (2) Any second or subsequent caution so given shall be treated for the purposes of paragraphs (a) and (b) of subsection (3) of that section as a warning.

Abolition of secure training orders

6

In relation to any time before the commencement of subsection (7) of section 73 of this Act, section 9A of the 1997 Act shall have effect as if after subsection (1) there were inserted the following subsection—

(1A) Section 9 above applies to periods of detention which offenders are liable to serve under secure training orders as it applies to sentences of imprisonment.

Sentencing guidelines

7

• (1) Section 80 of this Act does not apply by virtue of subsection (1)(a) of that section in any case where the Court is seised of the appeal before the commencement of that section.

• (2) In this paragraph “the Court” and “seised” have the same meanings as in that section.

Confiscation orders on committal for sentence

8

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Football spectators: failure to comply with reporting duty

9

Section 84 of this Act does not apply where the offence was committed before the commencement of that section.

Power to release short-term prisoners on licence

10

• (1) Section 99 of this Act does not apply in relation to a prisoner who, immediately before the commencement of that section, has served one or more days more than the requisite period for the term of his sentence.

• (2) In this paragraph “the requisite period” has the same meaning as in section 34A of the 1991 Act (which is inserted by section 99 of this Act).

Early release: two or more sentences

11

• (1) Where the terms of two or more sentences passed before the commencement of section 101 of this Act have been treated, by virtue of section 51(2) of the 1991 Act, as a single term for the purposes of Part II of that Act, they shall continue to be so treated after that commencement.

• (2) Subject to sub-paragraph (1) above, section 101 of this Act applies where one or more of the sentences concerned were passed after that commencement.

Recall to prison of short-term prisoners

12

• (1) Sub-paragraphs (2) to (7) below have effect in relation to any prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of section 103 of this Act.

• (2) The following provisions of this Act do not apply, namely—

• (a) section 103;

• (b) paragraphs 83(1)(b) and 88(3)(a) of Schedule 8 to this Act and section 119 so far as relating to those paragraphs; and

• (c) section 120(2) and Schedule 10 so far as relating to the repeal of section 38 of the 1991 Act and the repeals in sections 37(1) and 45(4) of that Act.

• (3) Section 33 of the 1991 Act has effect as if, in subsection (3)(b) (as amended by paragraph 80(1) of Schedule 8 to this Act), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) or 39(1) or (2) ”.

• (4) Section 33A of the 1991 Act (as inserted by paragraph 81 of Schedule 8 to this Act) has effect as if—

• (a) in subsection (1), for the words “section 38A(1) or 39(1) or (2)” there were substituted the words “ section 38(2) or 38A(1) ”; and

• (b) in subsection (3), for the words “section 39(1) or (2)”, in both places where they occur, there were substituted the words “ section 38(2) ”.

• (5) Section 34A of the 1991 Act (as inserted by section 99 of this Act) has effect as if, in subsection (2)(g), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) ”.

• (6) Section 40A of the 1991 Act (as inserted by section 105 of this Act) has effect as if, in subsection (1), for the word “39” there were substituted the word “ 38 ”.

• (7) Section 44 of the 1991 Act (as substituted by section 59 of this Act) has effect as if—

• (a) in subsections (3) and (4), after the words “subject to” there were inserted the words “ any suspension under section 38(2) above or, as the case may be, ”; and

• (b) in subsection (7), for the words “sections 37(5) and 39(1) and (2)” there were substituted the words “ section 37(5), 38(2) and 39(1) and (2) ”.

• (8) Section 45 of the 1991 Act has effect as if, in subsection (3) (as amended by paragraph 88(2) of Schedule 8 to this Act), for the words “section 39(1) or (2)” there were substituted the words “ section 38(2) or 39(1) or (2) ”.

• (9) For the purposes of this paragraph and paragraph 13 below, consecutive sentences, or sentences that are wholly or partly concurrent, shall be treated as parts of a single sentence.

Release on licence following recall to prison

13

Section 104 of this Act does not apply in relation to a prisoner whose sentence, or any part of whose sentence, was imposed for an offence committed before the commencement of that section.

Release on licence following return to prison

14

• (1) Section 105 of this Act does not apply where the new offence was committed before the commencement of that section.

• (2) In this paragraph “the new offence” has the same meaning as in section 116 of the Powers of Criminal Courts (Sentencing) Act 2000.

Remand time: two or more sentences

15

• (1) Where the terms of two or more sentences passed before the commencement of paragraph 11 of Schedule 8 to this Act have been treated, by virtue of section 104(2) of the Criminal Justice Act 1967, as a single term for the purposes of section 67 of that Act, they shall continue to be so treated after that commencement.

• (2) Subject to sub-paragraph (1) above, paragraph 11 of Schedule 8 to this Act applies where one or more of the sentences concerned were passed after that commencement.

SCHEDULE 10

Anti-social behaviour orders.

1A

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1AA

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1AB

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1B

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1C

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1CA

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1D

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1E

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1F

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1G

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1H

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1I

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Formulation and implementation of strategies.

1J

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Appeals against parenting orders.

1K

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2A

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2B

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Child safety orders.

5A

• (1) A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.

• (2) The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—

• (a) reducing crime and disorder;

• (b) reducing re-offending;

• (c) combating the misuse of drugs, alcohol and other substances.

• (d) preventing people from becoming involved in serious violence;

• (e) reducing instances of serious violence.

• (3) Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.

• (4) The combination agreement must include arrangements for securing effective and efficient co-operation—

• (a) between each of the relevant local policing bodies in relation to the combined area, and

• (b) between the responsible authorities for the area and those relevant local policing bodies.

• (5) The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).

• (6) The Secretary of State may enter into the agreement only if the Secretary of State—

• (a) considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and

• (b) is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.

• (7) A combination agreement—

• (a) must be in writing, and

• (b) may be varied by a further combination agreement.

• (8) A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.

• (9) In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.

• (10) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

Appeals against child safety orders.

Child safety orders: supplemental.

6A

• (1) The Secretary of State may, by order, require—

• (a) the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of—

• (i) crime of a description specified in the order; or

• (ii) disorder of a description so specified.

• (b) the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.

• (2) After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—

• (a) a copy of the strategy, and

• (b) a copy of the document which they propose to publish under section 6(5),

to the Secretary of State.

• (3) It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.

• (4) If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.

• (5) In subsections (2) to (4)—

• (a) references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and

• (b) accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.

• (6) In this section—

• “responsible authorities” and “local government area” have same meanings as in sections 5 and 6;

• “section 6 strategy” means a strategy required to be formulated under section 6(1); and

• “substance misuse” has the same meaning as in section 6.

13A

• (1) A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—

• (a) that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and

• (b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

• (2) The condition is that the child has taken, or caused loss of or damage to, property in the course of—

• (a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or

• (b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

• (3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

• (4) The amount of compensation specified may not exceed £5,000 in all.

• (5) The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.

• (6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

• (7) In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

13B

• (1) When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—

• (a) the value of the property taken or damaged, or whose loss was caused, by the child;

• (b) any further loss which flowed from the taking of or damage to the property, or from its loss;

• (c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

• (d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

• (e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

• (f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

• (2) If property taken is recovered before compensation is ordered to be paid in respect of it—

• (a) the court shall not order any such compensation to be payable in respect of it if it is not damaged;

• (b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

• (3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

• (4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his assets and other financial circumstances as the court may require.

• (5) A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) If, in providing a statement ... pursuant to an order under subsection (4) above, a person—

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

• (b) recklessly provides a statement which is false in a material particular; or

• (c) knowingly fails to disclose any material fact,

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

• (7) Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the Magistrates' Courts Act 1980 (“the 1980 Act”) (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.

13C

• (1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

• (2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

• (3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

• (a) the effect of the order and of the requirements proposed to be included in it;

• (b) the consequences which may follow (under subsection (4)(b) below) as a result of failure to comply with any of those requirements;

• (c) that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority.

• (4) A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—

• (a) it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or

• (b) it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

• (5) An order under this subsection is an order discharging the parental compensation 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.

• (6) Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

• (7) References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

13D

• (1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

• (2) The appeal lies to the Crown Court.

• (3) On the appeal the Crown Court—

• (a) may make such orders as may be necessary to give effect to its determination of the appeal;

• (b) may also make such incidental or consequential orders as appear to it to be just.

• (4) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.

• (5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

13E

• (1) This section has effect where—

• (a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

• (b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

• (2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

• (a) any amount by which they exceed the compensation; and

• (b) a sum equal to any portion of the compensation which he fails to recover.

• (3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.

Sharing of information

Anti-social behaviour orders.

17A

• (1) A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

• (2) In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

• (3) The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

• (4) Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)).

• (5) In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.

Interpretation etc. of Chapter I.

21A

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Formulation and implementation of strategies.

22A

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Racially-aggravated offences.

Racially-aggravated offences.

Aim of the youth justice system.

39A

• (1) Subsection (2) applies where a youth offending team becomes aware that—

• (a) a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

• (b) a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

• (2) The youth offending team must as soon as practicable notify—

• (a) the home local authority, and

• (b) the host local authority,

of the place where the child or young person is detained.

• (3) Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

• (a) subject to a detention order, and

• (b) detained in relevant youth accommodation.

• (4) The youth offending team must as soon as practicable notify the following authorities of the release—

• (a) the home local authority;

• (b) the host local authority;

• (c) any other local authority in whose area the youth offending team expects the person to live on release.

• (5) Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware.

• (6) In this section—

• “home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);

• “host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained;

• “local authority”has the meaning given by section 579(1) of the Education Act 1996;

• “young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

Additional time limits for persons under 18.

Additional time limits for persons under 18.

Forfeiture of recognizances.

51A

• (1) This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily).

• (2) Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence.

• (3) Those conditions are—

• (a) that the offence falls within subsection (12) below;

• (b) that the offence is such as is mentioned in section 249(1)(a) or (b) of the Sentencing Code (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of section 251(2) of that Code;

• (ba) that the offence is such as is mentioned in section 252A(1)(a) or (1A)(a) of the Sentencing Code and the court considers that if he is found guilty of the offence it ought to be possible to sentence him under that section to a term of detention of more than two years;

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

• (d) that the offence is a specified offence (within the meaning given by section 306 of the Sentencing Code) and it appears to the court that if he is found guilty of the offence the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention would be met.

• (4) Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which—

• (a) (if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or

• (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below).

• (5) Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which—

• (a) appears to the court to be related to the offence mentioned in subsection (2) above; and

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

the court may send him forthwith to the Crown Court for trial for the indictable or summary offence.

• (6) Where—

• (a) the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and

• (b) an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence,

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

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

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

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

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

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

• (10) In the case of a child or young person charged with an offence—

• (a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above;

• (b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above.

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

• (12) An offence falls within this subsection if—

• (a) it is an offence of homicide;. . .

• (b) each of the requirements of section 311(1) of the Sentencing Code would be satisfied with respect to—

• (i) the offence; and

• (ii) the person charged with it,

if he were convicted of the offence; or

• (c) section 29(3) of Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.

51B

• (1) A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged—

• (a) is sufficient for the person charged to be put on trial for the offence; and

• (b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.

• (2) That opinion must be certified by the designated authority in the notice.

• (3) The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below.

• (4) A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought.

• (5) Such a notice must be given to the magistrates' court before any summary trial begins.

• (6) The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except—

• (a) for the purposes of section 51D below;

• (b) as provided by regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

• (c) as provided by section 52 below.

• (7) The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority.

• (8) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

• (9) In this section “designated authority” means—

• (a) the Director of Public Prosecutions;

• (b) the Director of the Serious Fraud Office;

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

• (e) the Secretary of State.

51C

• (1) A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion—

• (a) that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence;

• (b) that a child would be called as a witness at the trial; and

• (c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.

• (2) That opinion must be certified by the Director of Public Prosecutions in the notice.

• (3) This subsection applies to an offence—

• (a) which involves an assault on, or injury or a threat of injury to, a person;

• (b) under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);

• (c) under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003;

• (d) of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984;

• (da) under section 1 or 2 of the Modern Slavery Act 2015;

• (db) under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (virginity testing and hymenoplasty etc);

• (e) which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within any of paragraphs (a) to (db) above.

• (4) Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that.

• (5) The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director.

• (6) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not).

• (7) In this section “child” means—

• (a) a person who is under the age of 17; or

• (b) any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above.

51D

• (1) The court shall specify in a notice—

• (a) the offence or offences for which a person is sent for trial under section 51 or 51A above; and

• (b) the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice).

• (2) A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place.

• (3) In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—

• (a) the subsection under which the person is so sent; and

• (b) if applicable, the offence to which that offence appears to the court to be related.

• (4) Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to—

• (a) the convenience of the defence, the prosecution and the witnesses;

• (b) the desirability of expediting the trial; and

• (c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981.

51E

For the purposes of sections 50A to 51D above—

• (a) “adult” means a person aged 18 or over, and references to an adult include a corporation;

• (b) “either-way offence” means an offence triable either way;

• (c) an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence;

• (d) a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence.

Introductory

Youth conditional cautions

Part 3A — Live links for accused's attendance at certain preliminary , Sentencing and other hearings

Youth conditional cautions

57A

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57B

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57C

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57D

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57E

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57F

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Young offenders: youth conditional cautions

66A

• (1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if—

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

• (b) each of the five requirements in section 66B is satisfied.

• (2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

• (3) The conditions which may be attached to such a caution are those which have one or more of the following objects—

• (a) facilitating the rehabilitation of the offender;

• (b) ensuring that the offender makes reparation for the offence;

• (c) punishing the offender.

• (4) The conditions that may be attached to a youth conditional caution include—

• (a) (subject to section 66C) a condition that the offender pay a financial penalty;

• (b) a condition that the offender attend at a specified place at specified times.

“Specified” means specified in the condition.

• (5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

• (6) The Secretary of State may by order amend subsection (5) by substituting a different figure.

• (6A) If an authorised person gives a youth conditional caution to an offender, the authorised person must as soon as practicable refer the offender to a youth offending team.

• (7) In this section, “authorised person” means—

• (a) a constable,

• (b) an investigating officer, or

• (c) a person authorised by a relevant prosecutor for the purposes of this section.

66B

• (1) The first requirement is that the authorised person has evidence that the offender has committed an offence.

• (2) The second requirement is that a relevant prosecutor or the authorised person decides—

• (a) that there is sufficient evidence to charge the offender with the offence, and

• (b) that a youth conditional caution should be given to the offender in respect of the offence.

• (3) The third requirement is that the offender admits to the authorised person that he committed the offence.

• (4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

• (5) ... The explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult.

• (6) The fifth requirement is that the offender signs a document which contains—

• (a) details of the offence,

• (b) an admission by him that he committed the offence,

• (c) his consent to being given the youth conditional caution, and

• (d) the conditions attached to the caution.

66C

• (1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

• (2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

• (3) The amount that may be prescribed in respect of any offence must not exceed £100.

• (4) The Secretary of State may by order amend subsection (3) by substituting a different figure.

• (5) Where a financial penalty condition is attached to a youth conditional caution, the condition must specify—

• (a) the amount of the penalty, and

• (b) the person to whom the financial penalty is to be paid and how it may be paid.

• (6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).

• (7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

66D

A relevant prosecutor or an authorised person may, with the consent of the offender, vary the conditions attached to a youth conditional caution by—

• (a) modifying or omitting any of the conditions;

• (b) adding a condition.

66E

• (1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question.

• (2) The document mentioned in section 66B(6) is to be admissible in such proceedings.

• (3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect.

• (4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

• (5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act).

66F

Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted—

• (a) may not make an order under section 80 of the Sentencing Code (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and

• (b) where it does make such an order, must state in open court that it is of that opinion and why it is.

66G

• (1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions.

• (2) The code may, in particular, make provision as to—

• (a) the circumstances in which youth conditional cautions may be given,

• (b) the procedure to be followed in connection with the giving of such cautions,

• (c) the conditions which may be attached to such cautions and the time for which they may have effect,

• (d) the category of constable or investigating officer by whom such cautions may be given,

• (e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A,

• (f) the form which such cautions are to take and the manner in which they are to be given and recorded,

• (g) the places where such cautions may be given,

• (h) the provision which may be made in a condition under section 66C(5)(b),

• (i) the monitoring of compliance with conditions attached to such cautions,

• (j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),

• (k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).

• (3) After preparing a draft of the code the Secretary of State—

• (a) must publish the draft,

• (b) must consider any representations made to him about the draft, and

• (c) may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

• (4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

• (5) When he has done so he may bring the code into force by order.

• (6) The Secretary of State may from time to time revise a code of practice brought into force under this section.

• (7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Interpretation of Chapter 1

66H

In this Chapter—

• (a) “appropriate adult” has the meaning given by section 66ZA(7);

• (b) “authorised person” has the meaning given by section 66A(7);

• (c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002 (c. 30);

• (d) “the offender” has the meaning given by section 66A(1);

• (e) “relevant prosecutor” means—

• (i) the Attorney General,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) the Director of Revenue and Customs Prosecutions,

• (iv) the Director of Public Prosecutions,

• (v) the Secretary of State, or

• (vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter;

• (ea) “youth caution” has the meaning given by section 66ZA(1);

• (f) “youth conditional caution” has the meaning given by section 66A(2).

Re-release of prisoners serving extended sentences.

Restriction on consecutive sentences for released prisoners: Scotland.

Restriction on consecutive sentences for released prisoners: Scotland.

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Early release in Scotland: two or more sentences.

Deputy authorising officer under Part III of Police Act 1997.

General interpretation.

General interpretation.

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Children and Young Persons Act 1933 (c.12)

Criminal Justice Act 1967 (c.80)

Children and Young Persons Act 1969 (c.54)

Criminal Justice Act 1972 (c.71)

Powers of Criminal Courts Act 1973 (c.62)

Magistrates’ Courts Act 1980 (c.43)

Criminal Justice Act 1982 (c.48)

Criminal Justice Act 1988 (c.33)

Criminal Justice Act 1991 (c.53)

Crime (Sentences) Act 1997 (c.43)

Children and Young Persons Act 1933 (c.12)

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

Prison Act 1952 (c.52)

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

Criminal Justice Act 1967 (c.80)

Criminal Appeal Act 1968 (c.19)

Firearms Act 1968 (c.27)

Children and Young Persons Act 1969 (c.54)

Superannuation Act 1972 (c.11)

Powers of Criminal Courts Act 1973 (c.62)

Rehabilitation of Offenders Act 1974 (c.53)

Bail Act 1976 (c.63)

Magistrates’ Courts Act 1980 (c.43)

Supreme Court Act 1981 (c.54)

Criminal Justice Act 1982 (c.48)

Mental Health Act 1983 (c.20)

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

Repatriation of Prisoners Act 1984 (c.47)

Police and Criminal Evidence Act 1984 (c.60)

Prosecution of Offences Act 1985 (c.23)

Criminal Justice Act 1987 (c.38)

Criminal Justice Act 1988 (c.33)

Legal Aid Act 1988 (c.34)

Children Act 1989 (c.41)

Prisons (Scotland) Act 1989 (c.45)

Criminal Justice Act 1991 (c.53)

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

Probation Service Act 1993 (c.47)

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

Drug Trafficking Act 1994 (c.37)

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

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

Criminal Procedure and Investigations Act 1996 (c.25)

Crime (Sentences) Act 1997 (c.43)

Crime and Punishment (Scotland) Act 1997 (c.48)

Sex Offenders Act 1997 (c.51)

Editorial notes

[^c22715951]: Act modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 29

[^c21390191]: S. 1 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73(1), 120(1), Sch. 5 para. 4(1)(a)(2)(j); S.I. 2004/1572, art. 3(jjj)

[^c21262381]: S. 2 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[^c21262391]: S. 2A repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[^c21262401]: S. 2B repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[^c21262411]: S. 3 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[^c16602891]: S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1); S.I. 2002/2750, art. 2(a)(vii)

[^c21308911]: Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

[^c21259771]: S. 1B inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 63, 108(2); S.I. 2003/808, art. 2(f)

[^c16603861]: S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)

[^c21394161]: S. 1CA inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(4), 178(8); S.I. 2005/1521, art. 3(1)(s)

[^c16638301]: S. 1D inserted (2.12.2002 in relation to s. 1D(1)(a)(2)-(5), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), ss. 65(1), 108(2); S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

[^c16638321]: S. 1E inserted (2.12.2002 in relation to s. 1E(1)(a)(2)-(4), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), s. 66; S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

[^c21394261]: S. 1F inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s)

[^c21394801]: Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

[^c21394281]: S. 1I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s)

[^c21397811]: Ss. 1J, 1K inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(1), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

[^c16648361]: S. 2A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(1); S.I. 2002/2750, art. 2(a)(viii)

[^c16648371]: S. 2B inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 69; S.I. 2002/2750, art. 2(a)(viii)

[^c9522621]: S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

[^c9522631]: S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

[^c21259791]: S. 5(1) modified (1.4.2003 for W. and 30.4.2004 for E.) by Police Reform Act 2002 (c. 30), ss. {s. 97(15)}, 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/913, art. 3(a)

[^c21398681]: S. 5 modified (30.4.2009 for E. and 1.10.2009 for W.) by Police and Justice Act 2006 (c. 48), ss. 19(10), 53(1)(a), Sch. 8 para. 11(2); S.I. 2009/936, art. 2(d); S.I. 2009/2540, art. 2(c)

[^c21395441]: Words in s. 5(1) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

[^c21262361]: Word at the end of s. 5(1) repealed (30.4.2004 for E. and otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2004/913, art. 3

[^c21401041]: S. 5(1)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(2), 116(1); S.I. 2010/507, art. 5(p)

[^c21259801]: S. 5(1)(c)-(f) inserted (1.4.2003 for W., 1.4.2003 for E. in relation to s. 5(1)(c)(d), and 30.4.2004 for E. otherwise) by Police Reform Act 2002 (c. 30), ss. 97(2), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j); S.I. 2004/913, art. 3(a)

[^c21390491]: Words in s. 5(1)(d) substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(a); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

[^c21395071]: Words in s. 5(1)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(a)

[^c21414431]: S. 5(1A)-(1BB) substituted for s. 5(1A)(1B) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(3); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[^c21398691]: S. 5(1C)(1D) inserted (30.4.2009 for E., otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 21, 53(1)(a); S.I. 2009/936, art. 2(c)

[^c21414451]: Words in s. 5(1C) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(4); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[^c21414471]: Words in s. 5(1D) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(5); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[^c21414491]: S. 5(1E)(1F) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(6); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[^c21414531]: Words in s. 5(2) substituted (16.1.2012) of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(7); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

[^c16660081]: S. 5(2)(b) substituted for s. 5(2)(a)(b) (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

[^c21396721]: S. 5(2)(ba) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(2)

[^c16660111]: S. 5(2)(d) and preceding word inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

[^c21259821]: Words in s. 5(3) inserted (1.4.2003 for W. and 23.2.2004 for E.) by Police Reform Act 2002 (c. 30), ss. 97(5), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/119, art. 2

[^c21259861]: S. 5(5) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 97(6), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j)

[^c21390511]: S. 5(5): definition of "fire authority" substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(b); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

[^c21414561]: S. 5(5): definition of "police authority" and preceding word omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(8)(b); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d)) (with Sch. 2 para. 6(a))

[^c21395501]: S. 5(6)-(8) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(5); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

[^c21395551]: S. 6 substituted for ss. 6, 6A (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 3; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

[^c21400961]: S. 6(1)(c) and preceding word inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(4), 116(1); S.I. 2010/507, arts. 3, 5(p)

[^c21400981]: Words in s. 6(9)(c) inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(5), 116(1); S.I. 2010/507, arts. 3, 5(p)

[^c9522691]: S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

[^c21416011]: Words in s. 7(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 5(2)(a); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))