Crime and Disorder Act 1998

(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

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5

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6

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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

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15

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16

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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

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19

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20

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21

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22

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23

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24

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25

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26

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27

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Magistrates' Courts Act 1980 (c. 43)

28

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29

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30

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31

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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

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34

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35

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36

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37

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38

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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

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42

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43

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44

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45

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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

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3

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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

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17

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18

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19

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20

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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

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26

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27

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28

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29

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30

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31

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32

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33

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34

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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

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52

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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)

65

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

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

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

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

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

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)

72

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73

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74

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75

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76

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77

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78

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79

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80

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81

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82

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83

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84

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85

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86

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87

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88

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89

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90

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91

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92

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93

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94

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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.

96

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

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)

109

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110

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

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

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

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)

114

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

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

115

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116

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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

• (d) in sub-paragraph (6), the words “or Part III of the 1997 Act” shall cease to have effect and, in the Table, for the entry relating to the expression “young offenders institution” there shall be substituted the following entry—

Probation officer appointed for or assigned to such petty sessions area	Probation Officer appointed by the Probation Board for Northern Ireland

.

• (7) In sub-paragraph (5) of paragraph 12, in the Table, the entry relating to the expression “Prison rules” shall cease to have effect.

• (8) In sub-paragraph (5) of paragraph 13, in the Table, the entry relating to the expression “Prison rules” shall cease to have effect.

• (9) In sub-paragraph (1)(a) of paragraph 17 (prisoners unlawfully at large), after the words “section 49(1)” there shall be inserted the words “ and (5) ”.

• (10) In sub-paragraph (1) of paragraph 20, in the definition of “supervision”, after the word “purpose” there shall be inserted the words “ or a detention and training order ”.

136

In Schedule 2 to the 1997 Act (repatriation of prisoners to the British Islands), paragraphs 4 and 8 are hereby repealed.

137

In Schedule 4 to the 1997 Act (minor and consequential amendments), the following provisions are hereby repealed, namely—

• (a) in paragraph 6, sub-paragraph (1)(b);

• (b) paragraphs 9 and 11; and

• (c) in paragraph 12, sub-paragraph (4).

138

• (1) In Schedule 5 to the 1997 Act (transitional provisions and savings), paragraphs 1 to 4 and 6 are hereby repealed and the following provisions shall cease to have effect, namely—

• (a) paragraph 5(2);

• (b) paragraphs 8, 9(1) and 10(1);

• (c) in paragraph 11, sub-paragraph (1), in sub-paragraph (2)(c), the words “or Part III of the 1997 Act” and, in sub-paragraph (3), the words from the beginning to “1995; and”; and

• (d) in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words “or Part III of the 1997 Act”.

• (2) In paragraph 11(2) of that Schedule—

• (a) in paragraph (a)—

• (i) for the words from “sections 15” 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) for the words “the 1989 Act” there shall be substituted the words “ the Prisons (Scotland) Act 1989 (“the 1989 Act”) ”; and

• (b) in paragraph (b), for the words from “sections 15” to “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 ”.

• (3) In paragraph 12(2) of that Schedule—

• (a) in paragraph (a)—

• (i) for the words from “sections 15” 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 (“the 1993 Act”) ”; and

• (ii) for the words “the 1989 Act” there shall be substituted the words “ the Prisons (Scotland) Act 1989 (“the 1989 Act”) ”; and

• (b) in paragraph (b), for the words from “sections 15” to “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 ”.

139

In Schedule 6 to the 1997 Act (repeals), the entries relating to sections 33 to 51 and 65 of the 1991 Act are hereby repealed.

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

140

Section 4 of the Crime and Punishment (Scotland) Act 1997 (supervised release orders) is hereby repealed.

141

• (1) In Schedule 1 to that Act (minor and consequential amendments), the following provisions are hereby repealed, namely—

• (a) paragraphs 1, 9(7), 10(2)(a), 13(3) and 21(3); and

• (b) in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17).

• (2) In paragraph 14 of that Schedule, for sub-paragraph (16) there shall be substituted the following sub-paragraph—

(16) In section 27(1) (interpretation), in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)” shall cease to have effect.

142

Schedule 2 to that Act (transitional provisions) is hereby repealed.

143

• (1) Schedule 3 to that Act (repeals) shall be amended in accordance with this paragraph.

• (2) In the entry relating to the Prisons (Scotland) Act 1989, in the third column, the words “In section 39, subsection (7)” are hereby repealed.

• (3) In the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993—

• (a) the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, and Schedule 1;

• (b) in the words relating to section 14, the words “and in subsection (4), the words “short-term””;

• (c) in the words relating to 27(1)—

• (i) the words “the definitions of “short term prisoner” and “long-term prisoner” and”;

• (ii) in the words relating to the definition of “supervised release order” the words “and the words from “but” to the end”; and

• (d) the words relating to section 27(2), (3), (5) and (6),

are hereby repealed.

• (4) In the entry relating to the Criminal Procedure (Scotland) Act 1995, in the third column, the words relating to section 44 are hereby repealed.

Sex Offenders Act 1997 (c. 51)

144

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

SCHEDULE 9

Presumption of incapacity

1

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.