Legalize / United Kingdom / Public General Act

Criminal Justice and Court Services Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) The Service must not appoint a person—

(a) as chief executive, or

(b) as a member of the staff of a description specified in a direction given by the Secretary of State,

without the approval of the Secretary of State.

6

(1) Staff of the Service are to be appointed on terms and conditions determined by the Service as to—

(a) any remuneration, fees or expenses,

(b) any pension, allowance or gratuity.

(2) It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service.

(3) But a determination under this paragraph requires the approval of the Secretary of State.

Delegation

7

The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.

Payments to the Service

8

(1) The Secretary of State may, at any time, pay to the Service any amount he considers appropriate.

(2) If he considers it appropriate, he may make any payment on conditions.

Supervision

9

(1) Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the Secretary of State.

(2) In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards.

(3) The Service must provide the Secretary of State with any information relating to the performance of its functions which he may from time to time require.

Ancillary powers

10

(1) Subject to any directions given by the Secretary of State, the Service may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2) That includes, in particular—

(a) holding land and other property,

(b) entering into contracts,

(d) accepting gifts.

(3) But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the Secretary of State.

Directions

11

(1) Different directions may be given under this Schedule for different purposes.

(2) Directions under this Schedule may be either general or special.

Reports and accounts

12

(1) The Service must make a report to the Secretary of State in respect of each financial year on the performance of its functions.

(2) The Secretary of State may give directions as to—

(a) the information to be given in the report and the form in which it is to be given, and

(b) the time by which the report is to be given.

(3) The Secretary of State must—

(a) lay a copy of the report before each House of Parliament,

(b) arrange for the report to be published in a manner he considers appropriate.

13

(1) The Service must—

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

(b) prepare in respect of each financial year of the Service a statement of accounts, and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts must comply with any directions given by the Secretary of State as to—

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented,

and must contain any additional information the Secretary of State may require to be provided for the information of Parliament.

(3) The Service must, in accordance with directions given by the Secretary of State—

(a) appoint an auditor who is not a member of the Service’s staff, and

(b) ensure that the auditor makes a report to the Secretary of State about the preparation of the accounts and about the statement of accounts.

(4) The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.

14

“Financial year”, in this Schedule, means—

(a) the period beginning with the date on which the Service is established and ending with the next following 31st March, and

(b) each successive period of twelve months.

Complaints

15

The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.

Status

16

The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.

General

17

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place there is inserted—

Children and Family Court Advisory and Support Service.

18

(1) Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

(2) The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

19

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place there is inserted—

The Children and Family Court Advisory and Support Service

SCHEDULE 3

1

A scheme may, in particular—

(a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,

(b) provide for any property, liabilities or conditions to be determined under the scheme.

2

(1) A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.

(3) In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.

3

(1) Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.

(3) A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.

4

Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.

5

A certificate issued by the Secretary of State that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.

SCHEDULE 4

1

The offences mentioned in paragraph (a) of subsection (1) of section 26 are—

(a) an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children),

(b) an offence under section 1 of the Infanticide Act 1938 (infanticide),

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children),

(k) an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent),

(l) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(m) an offence under any of sections 5 to 26 and 47 to 50 of the Sexual Offences Act 2003 (offences against children).

2

The offences mentioned in paragraph (b) of that subsection are—

(a) murder,

(b) manslaughter,

(d) false imprisonment,

(e) an offence under section 18 or 20 of the Offences against the Person Act 1861 (wounding and causing grievous bodily harm),

(f) an offence under section 47 of that Act (assault occasioning actual bodily harm),

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

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) an offence under any of sections 1 to 4, 30 to 41, 52, 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003.

(o) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (trafficking people for exploitation).

3

A person falls within this paragraph if—

(a) he commits an offence under section 16 of the Offences against the Person Act 1861 (threats to kill) by making a threat to kill a child,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 by—

(i) supplying or offering to supply a Class A drug to a child,

(ii) being concerned in the supplying of such a drug to a child, or

(iii) being concerned in the making to a child of an offer to supply such a drug,

(sa) he commits an offence under section 62 or 63 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.

(sb) he commits an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult a child or vulnerable adult to die or suffer serious physical harm) in respect of a child.

(t) he commits an offence of—

(i) aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or

(ii) conspiring or attempting to commit such an offence.

SCHEDULE 5

...

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

Period and place for giving notification

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

Additional requirements on giving notification

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

Notice of intention to leave or return to the UK

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

Penalties

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

Restraining orders

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

Information

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

Supplementary

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

Consequential

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

SCHEDULE 6

1

Offences under the following provisions of the Theft Act 1968 are trigger offences:

section 1 (theft)

section 8 (robbery)

section 9 (burglary)

section 10 (aggravated burglary)

section 12 (taking motor vehicle or other conveyance without authority)

section 12A (aggravated vehicle-taking)

section 22 (handling stolen goods)

section 25 (going equipped for stealing, etc.)

2

Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug:

SCHEDULE 7

Part I — New names

Community rehabilitation orders

1

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

Community punishment orders

2

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

Community punishment and rehabilitation orders

3

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

Officers of local probation boards

4

(1) In the following enactments—

(a) for “a probation officer” there is substituted “ an officer of a local probation board ”,

(b) for “the probation officer” there is substituted “ the officer of a local probation board ”.

(2) The enactments are—

In the Children and Young Persons Act 1969—

in section 34, subsections (2) and (3).

In the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991—

in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3).

In the Criminal Justice Act 1991—

section 37(4A)(a),

section 43(5),

in section 65, subsections (1)(a) and (1A) (in both places),

in Schedule 3, paragraph 11(5)(b).

In the Prisoners and Criminal Proceedings (Scotland) Act 1993—

sections 12(2)(a) and 15(4).

In the Criminal Procedure (Scotland) Act 1995—

sections 209(3)(a) and 234(1)(a) section 209(3)(a).

In the Crime (Sentences) Act 1997—

section 31(2A)(a).

In the Crime and Disorder Act 1998—

sections 8(8)(a), 18(3) (in both places) and 39(5)(a).

In the Powers of Criminal Courts (Sentencing) Act 2000—

in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b),

in section 46, subsections (5)(a) and (b) and (11)(a) and (b),

in section 54, subsections (2) and (3),

in section 57, subsections (1) to (4),

in section 122, subsections (2) and (5),

sections 157(1)(a) and 162(2)(a) and (b),

in Schedule 2—

paragraph 2(2)(a)(i) and (ii),

paragraph 3(2)(a) and (b).

Part II — General

Children and Young Persons Act 1933 (c. 12)

5

In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “ 18 ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

6

In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted—

6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000	The local probation board or, as the case may be, the local probation boards acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000	The Secretary of State.

Prison Act 1952 (c. 52)

7

The Prison Act 1952 is amended as follows.

8

In section 13(2) (legal custody of prisoner), for “section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000 ”.

9

In section 37(4) (closing of prisons), “remand centre” is omitted.

10

In section 43 (remand centres, detention centres and youth custody centres)—

(a) in subsection (2)—

(i) in paragraph (a), for “21” there is substituted “ 18 ” and “a remand centre or” is omitted,

(ii) paragraphs (b) and (c) are omitted,

(b) subsection (3) is omitted,

(d) subsection (7) is omitted.

11

In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)—

(a) in subsection (1) and the sidenote, “remand centres” is omitted,

(b) in subsection (5), “remand centre” is omitted.

Army Act 1955 (c. 18)

12

The Army Act 1955 is amended as follows.

13

In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.

14

In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—

(bc) order that the convicted person be disqualified from working with children

15

(1) In section 71A (juveniles)—

(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e) in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f) in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

16

In section 71AA (young service offenders: custodial orders)—

(a) in subsection (1)—

(i) for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii) for paragraph (a) there is substituted—

(a) shall be not less than the period of two months; and

(b) in subsection (1AA), “aged 17” is omitted,

(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d) in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

17

In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.

18

(1) Schedule 5A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

(i) for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii) for paragraph (a) there is substituted—

(a) shall not be less than the period of two months;

(b) in sub-paragraph (1A), “under 18 years of age” is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3) In paragraph 15—

(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b) in the table—

(i) in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii) for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii) in the second column, “Custody for life” is omitted,

(i) in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii) in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

Air Force Act 1955 (c. 19)

19

The Air Force Act 1955 is amended as follows.

20

In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.

21

In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—

(bc) order that the convicted person be disqualified from working with children

22

(1) In section 71A (juveniles)—

(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e) in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f) in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

23

In section 71AA (young service offenders: custodial orders)—

(a) in subsection (1)—

(i) for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii) for paragraph (a) there is substituted—

(a) shall be not less than the period of two months; and

(b) in subsection (1AA), “aged 17” is omitted,

(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d) in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

24

In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.

25

(1) Schedule 5A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

(i) for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii) for paragraph (a) there is substituted—

(a) shall not be less than the period of two months;

(b) in sub-paragraph (1A), “under 18 years of age” is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3) In paragraph 15—

(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b) in the table—

(i) in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii) for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii) in the second column, “Custody for life” is omitted,

(i) in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii) in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

Naval Discipline Act 1957 (c. 53)

26

The Naval Discipline Act 1957 is amended as follows.

27

In section 38(3A) (offences in relation to courts-martial), for “twenty-one” there is substituted “ eighteen ”.

28

In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted—

(bc) order that the convicted person be disqualified from working with children

29

(1) In section 43A (juveniles)—

(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “ 18 ”,

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,

(e) in subsection (3), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(f) in subsection (4), for “an adult” (in both places) there is substituted “ a person who has attained 18 years of age ”,

(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

30

In section 43AA (young service offenders: custodial orders)—

(a) in subsection (1)—

(i) for “twenty-one” (in both places) there is substituted “ eighteen ”,

(ii) for paragraph (a) there is substituted—

(a) shall be not less than the period of two months; and

(b) in subsection (1AA), “aged 17” is omitted,

(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(d) in subsection (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

31

In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.

32

(1) Schedule 4A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10—

(a) in sub-paragraph (1)—

(i) for “under 21” there is substituted “ under 18 ” and for “age of 21” there is substituted “ age of 18 ”,

(ii) for paragraph (a) there is substituted—

(a) shall not be less than the period of two months; and

(b) in sub-paragraph (1A), “under 18 years of age” is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “ such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose ”,

(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “ imprisonment ”.

(3) In paragraph 15—

(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “ 18 ”,

(b) in the table—

(i) in the heading to the first column, for “21” there is substituted “ 18 ”,

(ii) for the heading to the second column there is substituted “ Offender aged 17 but under 18 ”,

(iii) in the second column, “Custody for life” is omitted,

(i) in sub-paragraph (a), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”,

(ii) in sub-paragraph (i), for “custody for life” there is substituted “ a custodial order ”.

(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

Criminal Justice Act 1961 (c. 39)

33

In section 23(4) of the Criminal Justice Act 1961 (prison rules), for “secure training centres and remand centres” there is substituted “ and secure training centres ”.

Criminal Justice Act 1967 (c. 80)

34

The Criminal Justice Act 1967 is amended as follows.

35

In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for “twenty-one” there is substituted “ eighteen ”.

36

In section 67(6) (computation of sentences of imprisonment passed in England and Wales), “to a remand centre or” is omitted.

37

In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)—

(a) at the appropriate place there is inserted—

“community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54)

38

The Children and Young Persons Act 1969 is amended as follows.

39

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

40

In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “ local probation board ”.

41

In section 46(1) (discontinuance of approved schools etc.), “within the meaning of the Probation Service Act 1993” is omitted.

42

In section 70(1) (general interpretation), at the appropriate place there is inserted—

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

43

(1) Schedule 3 (approved schools and other institutions) is amended as follows.

(2) In paragraph 6(1), after “ Probation Service Act 1993” there is inserted “ or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”.

(3) In paragraph 9—

(a) in sub-paragraph (2)—

(i) for “either” there is substituted “ any ”,

(ii) in paragraph (a), “or” is omitted,

(iii) after paragraph (b) there is inserted—

(c) section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State); (d) section 5 of that Act (functions of local probation boards); or (e) section 9 of that Act (approved premises),

(b) for sub-paragraph (4)(b) there is substituted—

(b) the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by— (i) probation committees under rules made under the Probation Service Act 1993, (ii) the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and (iii) local probation boards under section 5 of that Act, which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution;

(4) In paragraph 10(4)(b), after “Probation Service Act 1993” there is inserted “ or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 ”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

44

(1) Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” includes a local probation board established under section 4 of this Act.

(2) An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local probation board specified in the order.

Pensions (Increase) Act 1971 (c. 56)

45

In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted—

(53A) A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

Local Government Act 1972 (c. 70)

46

In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)—

(a) in paragraph 2(a), “or” is omitted,

(b) at the end of paragraph 2(b) there is inserted

or (c) a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.

(2A) Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000.

Juries Act 1974 (c. 23)

47

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

Rehabilitation of Offenders Act 1974 (c. 53)

48

The Rehabilitation of Offenders Act 1974 is amended as follows.

49

In section 5 (rehabilitation periods for particular sentences)—

(a) in subsection (4A), for “a person was placed on probation” there is substituted “ a probation order was made ”,

(b) in subsection (4A)(b), for “probation order” there is inserted “ order in question ”.

50

In section 6(3) (the rehabilitation period applicable to a conviction)—

(a) for “placed on probation” there is substituted “ a probation order was made ”,

(b) for “or probation” there is substituted “ or a breach of the order ”.

Adoption Act 1976 (c. 36)

51

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

52

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

53

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

Criminal Law Act 1977 (c. 45)

54

The Criminal Law Act 1977 is amended as follows.

55

In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of “prison”, for paragraph (ia) there is substituted—

(ia) in the case of a person under that age arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person);

56

In section 38B(5) (further provision for execution of warrants of commitment), in the definition of “prison”, for paragraph (a) there is substituted—

(a) in the case of a person who is under the age of 21 years arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); and

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

57

In section 26(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (reconciliation)—

(a) for “a probation officer” there is substituted “ an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000) ”,

(b) for “the probation officer or that” there is substituted “ that officer or ”.

Magistrates’ Courts Act 1980 (c. 43)

58

The Magistrates’ Courts Act 1980 is amended as follows.

59

In section 11(3) (non-appearance of accused: general provisions), “or detention in a detention centre” is omitted.

60

In section 31 (general limit on power of magistrates’ court to impose imprisonment), in subsections (1) and (2), “or youth custody” is omitted.

61

Section 72 (report by probation officer on means of parties) is omitted.

62

In section 77(2) (postponement of issue of warrant), “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)” is omitted.

63

In section 82 (restriction on power to impose imprisonment for default)—

(a) in subsection (1)(c), “youth custody or detention in a detention centre” is omitted,

(b) in subsections (1)(c), (3)(a) and (5)(b), for “section 9 of the Criminal Justice Act 1982” there is substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”,

(c) in subsection (4A)(e), for “section 17 of the Criminal Justice Act 1982” there is substituted “ section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

64

In section 88 (supervision pending payment)—

(a) in subsection (4), for “detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ prison ” and for “such detention” there is substituted “ prison ”,

(b) in subsection (5), for “such detention” there is substituted “ prison ”.

65

Section 96A (application of Part III to persons aged 18 to 20) is omitted.

66

In section 133 (consecutive terms of imprisonment)—

(a) in subsection (1), the first, second and fourth mentions of “or youth custody” are omitted,

(b) subsection (2A) is omitted.

67

In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.

68

In section 136 (committal to custody overnight at police station), subsection (4) is omitted.

69

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

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

70

In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), “remand centre” is omitted.

Criminal Justice Act 1982 (c. 48)

71

In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “probation committee for that area to appoint or assign a probation officer” there is substituted “ local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board ”.

Mental Health Act 1983 (c. 20)

72

The Mental Health Act 1983 is amended as follows.

73

In section 48(2)(a) (removal to hospital of other prisoners), “or remand centre” is omitted.

74

In section 134(3)(e) (correspondence of patients), for “probation committee (within the meaning of the Probation Service Act 1993)” there is substituted “ local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.

75

In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the “and” preceding it are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

76

The Police and Criminal Evidence Act 1984 is amended as follows.

77

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

78

In section 62 (intimate samples), at the beginning of subsection (1) there is inserted “ Subject to section 63B below ”.

Child Abduction and Custody Act 1985 (c. 60)

79

The Child Abduction and Custody Act 1985 is amended as follows.

80

In sections 6(a) and 21(a) (reports), for “a probation officer” there is substituted “ an officer of the Service ”.

81

In section 27 (interpretation), after subsection (4) there is inserted—

(5) In this Act “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000.

Local Government Act 1988 (c. 9)

82

In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for “A probation committee (within the meaning of the Probation Service Act 1993)” there is substituted “ A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ”.

Education Reform Act 1988 (c. 40)

83

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

Local Government Finance Act 1988 (c. 41)

84

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

85

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

86

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

Children Act 1989 (c. 41)

87

The Children Act 1989 is amended as follows.

88

In section 7 (welfare reports)—

(a) in subsection (1), for “a probation officer” (in both places) there is substituted “ an officer of the Service ”,

(b) in subsection (5), for “probation officer” there is substituted “ officer of the Service ”.

89

In section 16 (family assistance orders)—

(a) in subsection (1)(a), for “a probation officer” there is substituted “ an officer of the Service ”,

(b) subsections (8) and (9) are omitted.

90

In section 31(1)(b) (care and supervision orders), “or of a probation officer” is omitted.

91

In section 41 (representation of child and of his interests in certain proceedings)—

(a) in subsections (1) and (11), for “a guardian ad litem” there is substituted “ an officer of the Service ”,

(b) in subsections (2), (4)(a) and (10)(a) and (b), for “guardian ad litem” there is substituted “ officer of the Service ”,

(d) subsections (7) to (9) and (12) are omitted,

(e) for the cross-heading preceding section 41 there is substituted “ Representation of child ”.

92

In section 42 (right of guardian ad litem to have access to local authority records)—

(a) in subsection (1)—

(i) for “a person” there is substituted “ an officer of the Service ”,

(ii) for “as a guardian ad litem under this Act” there is substituted “ under section 41 ”,

(b) in subsection (2), for “a guardian ad litem” there is substituted “ an officer of the Service ”,

93

In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)—

(a) in paragraph (a), “or” is omitted,

(b) in paragraph (b), after “hostels or homes” there is inserted

or (c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).

94

In section 68(2)(d), (persons disqualified from being private foster parents), for “has been placed on probation or” there is substituted “ a probation order has been made in respect of him or he has been ”.

95

In section 105(1) (interpretation), at the appropriate place there is inserted—

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;

96

In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.

97

In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.

Computer Misuse Act 1990 (c. 18)

98

In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for “of twenty-one years of age or over (not previously convicted)” there is substituted “ who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions ”.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

99

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

100

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

101

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

102

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

Criminal Justice Act 1991 (c. 53)

103

The Criminal Justice Act 1991 is amended as follows.

104

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

105

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

106

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

107

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

108

In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.

109

In section 92(1) (interpretation of Part IV), in the definition of “prison”, “or remand centre” is omitted.

110

In section 99(1) (general interpretation), at the appropriate place there is inserted—

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

111

In Schedule 3 (reciprocal enforcement of certain orders)—

(a) in paragraph 10—

(i) in sub-paragraphs (2)(b) and (3)(c), for “probation committee” there is substituted “ local probation board ”,

(ii) in sub-paragraph (3)(a), for “a probation officer assigned” there is substituted “ an officer of a local probation board assigned ”,

(iii) in sub-paragraph (3)(d), for “probation centre” there is substituted “ community rehabilitation centre ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraphs 2 and 6(3) are omitted.

113

In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), “remand centre or” is omitted.

Water Industry Act 1991 (c. 56)

114

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for “young offender institution or remand centre” there is substituted “ or young offender institution ”.

Prison Security Act 1992 (c. 25)

115

In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.

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

116

The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

117

In section 15(5) (variation of supervised release order), for “probation officer” there is substituted “ officer of a local probation board ”.

118

In section 27(1) (interpretation of Part I), at the appropriate place there is inserted—

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

Intelligence Services Act 1994 (c. 13)

119

In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.

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

120

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

121

In section 209(7) (supervised release orders), for “probation officer” there is substituted “ officer of a local probation board ”.

122

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

123

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

124

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

125

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

126

In section 307(1) (interpretation), at the appropriate place there is inserted—

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

Education Act 1996 (c. 56)

127

The Education Act 1996 is amended as follows.

128

In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted—

(2) Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)— (a) is employed in a registered or provisionally registered school, or (b) is the proprietor of such a school, he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.

129

After section 473 there is inserted—

(473A) (1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal. (2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children— (a) from being the proprietor of any independent school; or (b) from being a teacher or other employee in any school. (3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order. (4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application. (5) In this section and section 473B, “the Tribunal” means the tribunal established by section 9 of the Protection of Children Act 1999. (473B) (1) A person may only make an application under section 473A with the leave of the Tribunal. (2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person’s case. (3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if— (a) at least five years have elapsed since the order was made; and (b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application. (4) In the case of any other person, the appropriate conditions are satisfied if— (a) at least ten years have elapsed since the order was made; and (b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application. (5) The Tribunal shall not grant an application under this section unless it considers— (a) that the person’s circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and (b) that the change is such that leave should be granted.

130

In section 474 (removal of disqualification)—

(a) at the end of subsection (1) there is inserted—

But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies.

(b) for the sidenote there is substituted “Removal of disqualification: other cases.”

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

131

The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

132

In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for “probation committee” there is substituted “ local probation board ”.

133

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

Sexual Offences (Protected Material) Act 1997 (c. 39)

134

In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of “prison”, for “young offender institution or remand centre” there is substituted “ or young offender institution ”.

Crime (Sentences) Act 1997 (c. 43)

135

The Crime (Sentences) Act 1997 is amended as follows.

136

In section 28 (duty to release certain life prisoners)—

(a) for the words from the beginning to the end of subsection (5)(a) there is substituted—

(1A) In this Chapter— (a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order has been made under subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage; and (b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence, and in this section “appropriate stage”, in relation to such a direction, has the same meaning as in subsection (6) of that section. (1B) But if a life prisoner is serving two or more life sentences— (a) he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; and (b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them. (5) As soon as— (a) a life prisoner to whom this section applies has served the relevant part of his sentence

(b) subsection (9) is omitted.

137

In section 33 (life prisoners transferred to England and Wales)—

(a) for “section 28” (in subsections (1) and (2)) there is substituted “ the provisions of section 28(5) to (8) ”,

(b) in subsection (5), for “subsections (5) and (7) of section 28” there is substituted “ the provisions of section 28(5) to (8) ”.

138

In section 34(1) (interpretation), the words following the first mention of “sentences” are omitted.

139

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

140

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

141

In section 54(1) (general interpretation), at the appropriate place there is inserted—

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

142

In section 57(8) (extent), at the end there is inserted—

or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial ,

143

In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for “Probation officer” there is substituted “ Officer of a local probation board ”.

144

In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.

145

Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement.

146

Paragraph 147 below applies where a person serving any life sentence passed after commencement—

(a) is also serving a life sentence passed before commencement, or

(b) by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,

and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 147 below as pre-commencement life sentences.

147

Section 28(1B) is to have effect as if—

(a) any reference to a life sentence included a pre-commencement life sentence,

(b) any reference to an order or direction in relation to such a life sentence were to—

(i) an order under section 28(2)(b) or a direction under section 28(4) (as originally enacted), or

(ii) a certificate under section 33,

(c) any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.

148

In paragraphs 145 and 146 above, “commencement” means the coming into force of section 60 of this Act and “life sentence” has the same meaning as in Chapter II of Part II of that Act.

Police Act 1997 (c. 50)

149

In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.

Crime and Disorder Act 1998 (c. 37)

150

The Crime and Disorder Act 1998 is amended as follows.

151

In sections . . . 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for “probation committee” there is substituted “ local probation board ”.

152

In section 117(1) (interpretation), after the definition of “guardian” there is inserted—

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

153

In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.

Protection of Children Act 1999 (c. 14)

154

The Protection of Children Act 1999 is amended as follows.

155

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

156

Section 6 (appeals against prohibition or restriction of employment) is omitted.

157

In section 9(2) (the Tribunal)—

(a) in paragraph (a), after “4” there is inserted “ , 4A or 4B ”,

(b) for paragraph (b) there is substituted—

(b) on an appeal or determination under regulations made under section 218(6) of the 1988 Act;

(ca) on a determination under section 473A or 473B of the Education Act 1996;

(d) after paragraph (d) there is inserted

or (e) on a determination under section 32 or 33 of the Criminal Justice and Court Services Act 2000.

158

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

159

In section 14 (extent etc.)—

(a) in subsection (3), for “This Act, except section 8 and this section,” there is substituted “ Subject to subsections (4) and (5) below, this Act ”,

(b) after subsection (4) there is inserted—

(5) Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

160

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

161

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

162

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

163

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

164

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

165

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

166

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

167

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

168

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

169

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

170

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

171

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

172

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

173

In section 60(1)(b) (attendance centre orders), after “court” there is inserted “ has power or ”.

174

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

175

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

176

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

177

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

178

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

179

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

180

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

181

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

182

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

183

In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.

184

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

185

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

186

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

187

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

188

Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.

189

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

190

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

191

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

192

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

193

In section 139 (powers and duties of Crown Court in relation to fines and forfeited recognizances)—

(a) in subsection (2), “or of detention under section 108 above (detention of persons aged 18 to 20 for default)” is omitted,

(b) in subsection (3), “or detained” is omitted,

(d) in subsection (4), “or detention” is omitted,

(e) in subsection (5), the second “or detention” is omitted.

194

In section 140(3) (enforcement of fines imposed and recognizances forfeited by Crown Court), “or detention under section 108 above” is omitted.

195

For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted “ Other reports of officers of local probation boards and members of youth offending teams ”.

196

In section 160 (rules and orders)—

(a) in subsection (2)(a), for the words from “40(1)” to “Schedule 2” there is substituted “ 36B(6), 40(1), 40C(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, or 8 of Schedule 2 ”,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for subsection (5) there is substituted—

(5) The following may make different provision for different cases or classes of case— (a) any order under section 36B(5), 37(6), 40(2), 40A(6) or 40C(2) or paragraph 7 or 8 of Schedule 2; (b) any rules under section 36B, 40(1), 40C(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7 or 8 of Schedule 2.

197

In section 163 (general definitions)—

(a) in the definition of “attendance centre order”, for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”,

(b) the definitions of “combination order”, “probation order” and “probation period” are omitted,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) at the end of the definition of “custodial sentence” there is inserted “ and, in relation to sentences passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution ”,

(f) at the appropriate places there are inserted—

“community rehabilitation period” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order

“drug abstinence order” means an order under section 58A(1) above

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

(g) in the definition of “responsible officer”—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

198

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

199

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

200

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

201

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

202

(1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.

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

(3) In paragraph 6(7)—

(a) paragraph (a) is omitted,

(b) in paragraph (b), “if it has not been so notified” is omitted.

203

(1) Schedule 9 (consequential amendments) is amended as follows.

(2) Paragraphs 5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 34(a), 56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156 and 166(3) are omitted.

(3) Paragraphs 182 and 188 are omitted.

(4) Sub-paragraph (3) has effect in relation to sentences passed after the coming into force of section 60.

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

204

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

205

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

206

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

207

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

Learning and Skills Act 2000 (c. 21)

208

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

209

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

210

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

Regulation of Investigatory Powers Act 2000 (c. 23)

211

In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after “twenty-one” there is inserted “ (eighteen in relation to England and Wales) ”.

SCHEDULE 8

Aims of the Service.

Meaning of “regulated position”.

Indecent photographs of children: increase of maximum penalties.

Community service orders renamed community punishment orders.

Exclusion orders.

Release on licence etc: drug appointments

Remand centres.

Parenting orders: responsible officer.

Amendments.

In section 117(3)(a), “and a remand centre”.

The repeals—

have effect in relation to sentences passed after the coming into force of section 60 of this Act.

Editorial notes

[^c10577941]: 1993 c. 47.

[^c10578011]: 1984 c. 42.

[^c10578021]: 1989 c. 41.

[^c10578031]: S. 12(5)(b) repealed (28.11.2003) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 118, Sch. 5 (with Sch. 4 paras. 2, 6-8); S.I. 2003/3079, art. 2(1)(c)(d)

[^c10578081]: 1990 c. 41.

[^c10578101]: 1891 c. 39.

[^c22730641]: S. 19(5)-(7) inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 30

[^c10578111]: 1996 c. 18.

[^c10578171]: s.26 extends to UK.See s.81(1)(2)(a) for the extent

[^c10578181]: s.27 extends to UK. see s.81(1)(2)(a) for the extent

[^c10578201]: s.28 extends to UK.see s.81(1)(2)(a) for the extent

[^c10578211]: s.29 extends to UK. see s.81(1)(2)(a) for the extent

[^c10578431]: s.31 extends to UK.see s.81(1)(2)(a) for the extent

[^c10578441]: s.32 extends to UK.see s.81(1)(2)(a) for the extent

[^c10578451]: s.33 extends to UK.see s.81(1)(2)(a) for the extent

[^c10578461]: 1983 c. 20.

[^c10578511]: 1999 c. 14.

[^c10578521]: S. 35(4)(b) substituted (31.3.2003 for W., 1.6.2003 for E.) by 2002 c. 32, s. 206, Sch. 21 para. 128(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

[^c10578531]: 1996 c. 56.

[^c10578541]: S. 35(5) repealed (31.3.2003 for W., 1.6.2003 for E.) by 2002 c. 32, s. 206, 215(2), Sch. 21 para. 128(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3158, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

[^c10578561]: 1989 c. 41.

[^c10578581]: S.I. 1991/194 (N.I. 1).

[^c10578591]: S.I. 1986/594 (N.I. 3).

[^c22730621]: S. 36(8)(d) added (14.3.2003) by The Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439), art. 1(2)(b), Sch. 2 para. 16 (with art. 27)

[^c10578611]: 2000 c. 22.

[^c10578621]: 1970 c. 42.

[^c10578631]: 1974 c. 53.

[^c10578651]: 1978 c. 37.

[^c10578661]: S.I. 1978/1047 (N.I. 17).

[^c10578671]: 1988 c. 33.

[^c10578681]: S.I. 1988/1847 (N.I. 17).

[^c10578721]: 2000 c. 14.

[^c10578741]: S.I. 1995/755 (N.I. 2).

[^c10578751]: 1971 c. 38.

[^c10578781]: S.I. 1972/1265 (N.I. 14).

[^c10578791]: 1996 c. 56.

[^c10578801]: S.I. 1992/3204 (N.I. 20).

[^c10578811]: S.I. 1986/595 (N.I. 4).

[^c10578821]: S.I. 1992/3204 (N.I. 20).

[^c10578841]: S.I. 1995/755 (N.I. 2).

[^c10578891]: 2000 c. 6.

[^c10578911]: S. 47 wholly in force at 2.7.2001; s. 47 not in force at Royal Assent see s. 80; s. 47 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(a)

[^c10578931]: S. 48 wholly in force at 2.7.2001; s. 48 not in force at Royal Assent see s. 80; s. 48 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(b)

[^c10578951]: S. 49 wholly in force at 2.7.2001; s. 49 not in force at Royal Assent see s. 80; s. 49 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(c)

[^c10578961]: S. 50 wholly in force at 2.7.2001; s. 50 not in force at Royal Assent see s. 80; s. 50 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(d)

[^c10578991]: S. 52 partly in force; s. 52 not in force at Royal Assent see s. 80; s. 52 in force for specified purposes at 20.6.2001 and 2.7.2001 by S.I. 2001/2232, art. 2(e)

[^c10579001]: 2000 c. 6.

[^c10579041]: 1984 c. 60.

[^c10579051]: 1998 c. 37.

[^c10579061]: S. 57 partly in force; s. 57 not in force at Royal Assent, see s. 80; s. 57 in force for specified purposes at 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002 and 1.4.2003 by S.I. 2001/2232, art. 2(f), S.I. 2001/1149, art. 2, S.I. 2002/1862, art. 2 and S.I. 2003/709, art. 2

[^c10579071]: 1984 c. 60.

[^c10579081]: 1976 c. 63.

[^c10579091]: 1971 c. 38.

[^c10579101]: S. 58 wholly in force at 2.7.2001; s. 58 not in force at Royal Assent see s. 80; s. 58 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(g)

[^c10579111]: 1976 c. 63.

[^c10579121]: 1971 c. 38.

[^c10579131]: 1952 c. 52.

[^c10579231]: S. 61 extends to U.K., see s. 81(1)(2)(c)

[^c10579241]: 1955 c. 18.

[^c10579251]: 1955 c. 19.

[^c10579261]: 1957 c. 53.

[^c10579281]: 2000 c. 6.

[^c10579311]: S. 64 wholly in force at 2.7.2001; s. 64 not in force at Royal Assent see s. 80; s. 64 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(i)

[^c10579321]: 1991 c. 53.

[^c10579331]: 1997 c. 51.

[^c10579471]: S. 70 wholly in force at 2.7.2001; s. 70 not in force at Royal Assent see s. 80; s. 70 in force for specified purposes at 20.6.2001 and 2.7.2001 insofar as not already in force by S.I. 2001/2232, art. 2(j)

[^c10579481]: 1971 c. 38.

[^c10579491]: 2000 c. 6.

[^c10579501]: S. 71 partly in force; s. 71 not in force at Royal Assent see s. 80; s. 71(1)-(4) in force at 29.10.2001 by S.I. 2001/3385, art. 2

[^c10579511]: 1988 c. 52.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.