Criminal Justice Act 2003

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

• (6A) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23B

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

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

• (b) adding a condition.

24A

• (1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

• (2) A person arrested under this section must be—

• (a) charged with the offence in question,

• (b) released without charge and on bail if—

• (i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and

• (ii) the pre-conditions for bail are satisfied, or

• (c) released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.

• (3) Subsection (2) also applies in the case of—

• (a) a person who, having been released on bail under subsection (2)(b), returns to a police station to answer bail or is otherwise in police detention at a police station;

• (b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;

• (c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.

• (4) Where a person is released under subsection (2)(b), the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.

• (5) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—

• (a) to enable him to be dealt with in accordance with that subsection, or

• (b) where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.

If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.

• (6) The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.

• (7) Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

• (8) Subsection (2) does not require a person who—

• (a) falls within subsection (3)(a) or (b), and

• (b) is in police detention in relation to a matter other than the conditional caution,

to be released if he is liable to be kept in detention in relation to that other matter.

• (8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

• (9) In this Part—

• “the 1984 Act” means the Police and Criminal Evidence Act 1984;

• “police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act).

24B

• (1) In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

• (2) The provisions are—

• (a) section 30 (arrest elsewhere than at police station);

• (b) sections 30A to 30D (bail elsewhere than at police station);

• (c) section 31 (arrest for further offence);

• (d) section 34(1) to (5E) (limitations on police detention);

• (e) section 36 (custody officers at police stations);

• (f) section 37(4) to (6C) (record of grounds for detention);

• (g) section 38 (duties of custody officer after charge);

• (h) section 39 (responsibilities in relation to persons detained);

• (i) section 55A (x-rays and ultrasound scans).

• (3) The modifications are—

• (za) in section 30CA, omit subsections (4A) to (4D);

• (a) in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved—

• (i) in the investigation of the offence in respect of which the person was given the conditional caution, or

• (ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

• (b) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—

• (i) in the investigation of the offence in respect of which the person was given the conditional caution, or

• (ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

• (c) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;

• (d) in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution.

• (4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

• (a) omit subsections (8) and (8A);

• (b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above.

• (5) The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act—

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

• (b) section 46A (power of arrest for failure to answer to police bail);

• (c) section 47 (bail after arrest) except subsections (4D) and (4E) .

• (6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

• (7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—

• (a) in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”;

• (b) in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”.

Notification of intention to call defence witnesses

Allocation of offences triable either way, and sending cases to Crown Court

Code of practice for police interviews of witnesses notified by accused

Initial duty of disclosure by prosecutor

Initial duty of disclosure by prosecutor

Appeals

Appeals

Discharge of jury because of jury tampering

Mode of trial for certain firearms offences: transitory arrangements

Application by prosecution for trial to be conducted without a jury where danger of jury tampering

Appeals

Further provision about trials without a jury

Application of Part 7 to Northern Ireland

Authorisation of investigations

Costs

Condition that evidentiary ruling significantly weakens prosecution case

Rules of court

Application to Court of Appeal

Bail and custody before application

Bail and custody before application

Armed Forces: Part 10

Restrictions on publication in the interests of justice

Offences in connection with publication restrictions

Retrial

Urgent investigative steps

86A

• (1) Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications.

• (2) References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman.

• (3) Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted the Ombudsman.

• (4) Section 85(5) has effect as if for “An officer” there were substituted The Ombudsman.

• (4) Section 85(7) does not apply.

• (6) Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted A senior officer of the Ombudsman.

• (7) Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted a senior officer of the Ombudsman.

• (8) References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above.

Interpretation of Part 10

Bail and custody during and after hearing

Armed Forces: Part 10

Interpretation of Part 10

Application of Part 10 to Northern Ireland

Licence conditions on re-release of prisoner serving sentence of less than 12 months

Determination of minimum term in relation to mandatory life sentence

Life prisoners transferred to England and Wales

Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

Consecutive terms

Determination of minimum term in relation to mandatory life sentence

Further provisions about references relating to transferred life prisoners

Community orders

Further provisions about references relating to transferred life prisoners

Power to provide for court review of community orders

142A

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

Breach, revocation or amendment of community order

Duty to release certain life prisoners

Interpretation of Chapter 7

150A

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

Increase in maximum term that may be imposed on summary conviction of offence triable either way

Increase in penalties for drug-related offences

Increase in penalties for drug-related offences

Surcharges

Drug rehabilitation requirement

161A

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

161B

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

Drug rehabilitation requirement

Duty of offender to keep in touch with responsible officer

Life sentence for second listed offence

Appeals where previous convictions set aside

Power of court to recommend licence conditions for certain prisoners

Time remanded in custody to count as time served: terms of imprisonment and detention

Licence conditions on re-release of prisoner serving sentence of less than 12 months

Minimum sentence for certain firearms offences

Duty to give reasons

Life prisoners transferred to England and Wales

Duration of directions under Mental Health Act 1983 in relation to offenders

Interpretation of Chapter 7

Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

Increase in maximum term that may be imposed on summary conviction of offence triable either way

Term of detention and training order

Interpretation of Part 12

Limit on period of detention without charge of suspected terrorists

Enforcement of regulations implementing EU legislation on endangered species

Enforcement of regulations implementing EU legislation on endangered species

240A

• (1) Subsection (2) applies where—

• (a) a court sentences an offender to imprisonment for a term in respect of an offence of which the offender was convicted before 1 December 2020 ... ,

• (b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

• (c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

• (2) Subject to subsections (3A) and (3B), the court must direct that the credit period is to count as time served by the offender as part of the sentence.

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

• (3ZA) Subsection (3ZB) applies where—

• (a) an offender is serving a term of imprisonment in respect of an offence, and

• (b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

• (3ZAA) Subsection (3ZB) also applies where—

• (a) a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

• (b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.

• (3ZAB) In this section any reference to a “sentence”, in relation to an offender, is to—

• (a) a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or

• (b) a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).

• (3ZB) Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.

• (3A) A day of the credit period counts as time served—

• (a) in relation to only one sentence, and

• (b) only once in relation to that sentence.

• (3B) A day of the credit period is not to count as time served as part of any automatic release period served by the offender (see section 255B(1)).

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Subsections (7) to (9) and (11) of section 240ZA apply for the purposes of this section as they apply for the purposes of that section but as if—

• (a) in subsection (7)—

• (i) the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the PCC(S)A 2000 relates;

• (ii) in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the PCC(S)A 2000; and

• (b) in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsections (2) and (3ZB) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

• (12) In this section—

• “curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;

• “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

• “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments relating to sentencing

Enabling powers: power to alter maximum penalties

Increase in maximum term that may be imposed on summary conviction of offence triable either way

Increase in penalties for drug-related offences

255A

• (1) This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.

• (2) The Secretary of State must, on recalling a person other than an extended sentence prisoner , a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB, consider whether the person is suitable for automatic release.

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

• (4) A person is suitable for automatic release only if—

• (a) the person meets the conditions in subsection (4ZA),

• (b) where paragraph (a) does not apply, the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of the automatic release period.

• (4ZA) The conditions referred to in subsection (4)(a) are—

• (a) that the person is aged 18 or over;

• (b) that the person is serving a sentence of less than four years;

• (c) that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release);

• (d) that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners);

• (e) that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc);

• (f) that the person has not been recalled on account of being charged with an offence;

• (g) that the person is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders).

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

• (5) The person must be dealt with—

• (a) in accordance with section 255B if suitable for automatic release;

• (b) in accordance with section 255C otherwise.

but that is subject, where applicable, to section 243A(2) (unconditional release).

• (6) For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

• (7) An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

• (a) section 226A, 226B, 227 or 228 of this Act, ...

• (aa) section 254, 266 or 279 of the Sentencing Code, or

• (b) section 85 of the PCC(S)A 2000;

and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000) a reference to section 58 of the Crime and Disorder Act 1998.

• (7A) A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code.

• (8) Automatic release” means release at the end of the automatic release period.

• (9) In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—

• (a) where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;

• (b) where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

• (10) In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—

• (a) the period described in subsection (9)(a) or (b) (as appropriate);

• (b) the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.

Enabling powers: power to alter maximum penalties

255B

• (1) A prisoner who is suitable for automatic release (“P”) must—

• (a) on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and

• (b) at the end of the automatic release period (as defined in section 255A(9) and (10)), be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

• (2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

• (3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

• (4) If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.

• (4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

• (5) Where on a reference under subsection (4) the Board directs P's ... release on licence under this Chapter, the Secretary of State must give effect to the direction.

• (6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

• (7) Where this subsection applies—

• (a) if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

• (b) P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

• (8) Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

• (9) If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—

• (a) the Secretary of State must inform P that he or she will not be released under this section, and

• (b) section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.

• (10) Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State—

• (a) receives information that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)),

• (b) receives information that, after being recalled, P has been charged with an offence, or

• (c) receives information that results in a determination that, if released at the end of the automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders).

Release on licence of prisoner serving extended sentence under section 227 or 228

255C

• (1) This section applies to a prisoner (“P”) —

• (a) whose suitability for automatic release does not have to be considered under section 255A(2), or

• (b) who is not considered suitable for automatic release.

• (2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

• (3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.

• (4) The Secretary of State must refer P's case to the Board—

• (a) if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or

• (b) if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.

• (4A) The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison.

• (5) Where on a reference under subsection (4) the Board directs P's ... release on licence under this Chapter, the Secretary of State must give effect to the direction.

• (6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

• (7) Where this subsection applies—

• (a) if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

• (b) P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

• (8) For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

255D

• (1) The Secretary of State must refer to the Board the case of any extended sentence prisoner.

• (2) Where on a reference under subsection (1) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.

256A

• (1) This section applies to a person if—

• (a) there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and

• (b) the person has not been released.

• (1A) The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).

• (1B) Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.

• (2) The Secretary of State may, at any time before the review date, refer the person's case to the Board.

• (3) The Board may at any time recommend to the Secretary of State that the person’s case be referred under subsection (2).

• (4) The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.

• (5) Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.

259A

• (1) For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.

• (2) The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.

• (3) The person must not be one who is liable to removal from the United Kingdom.

Duty to comply with licence conditions

Duty to comply with licence conditions

264A

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

Non-appearance of defendant: plea of guilty

Non-appearance of defendant: plea of guilty

Power to sentence young offender to detention in respect of certain firearms offences: Scotland

Power by order to exclude application of minimum sentence to those under 18

Reporting restrictions for preparatory hearings

Duration of directions under Mental Health Act 1983 in relation to offenders

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Limit on period of detention without charge of suspected terrorists

Power to substitute conviction of alternative offence on appeal in England and Wales

Substitution of conviction on different charge on appeal from court-martial

Reporting restrictions for preparatory hearings

Preparatory hearings to deal with severance and joinder of charges

Orders: Northern Ireland

Extent

Sentencing for firearms offences in Northern Ireland

Civil proceedings for trespass to the person brought by offender

Awards of costs

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Power to substitute conviction of alternative offence on appeal in England and Wales

Individual support orders

Preparatory hearings to deal with severance and joinder of charges

Extent

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

Appeals following reference by Criminal Cases Review Commission

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Awards of costs

Power to substitute conviction of alternative offence on appeal in Northern Ireland

Section 325: interpretation

Appeals following reference by Criminal Cases Review Commission

327A

• (1) The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.

• (2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

• (3) The case is where the responsible authority for the area has reasonable cause to believe that—

• (a) a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and

• (b) the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.

• (4) The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.

• (5) Where the responsible authority makes a disclosure under this section—

• (a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

• (b) it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person.

• (6) Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances.

• (7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

• (8) The record must include the following information—

• (a) the reasons for making a decision to disclose information under this section,

• (b) the reasons for making a decision not to disclose information under this section, and

• (c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

• (9) Nothing in this section requires or authorises the making of a disclosure which contravenes the data protection legislation.

• (10) This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.

327B

• (1) This section applies for the purposes of section 327A.

• (2) “Child” means a person under 18.

• (3) “Child sex offence” means an offence listed in Schedule 34A, whenever committed.

• (4) “Child sex offender” means any person who—

• (a) has been convicted of such an offence,

• (b) has been found not guilty of such an offence by reason of insanity,

• (c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

• (d) has been cautioned in respect of such an offence.

• (4A) “The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

• (5) In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about—

• (a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

• (b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described).

• (6) References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).

• (7) A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325.

• (8) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

• (9) In this section “cautioned”, in relation to any person and any offence, means—

• (a) cautioned after the person has admitted the offence, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.

Civil proceedings for trespass to the person brought by offender

Power to substitute conviction of alternative offence on appeal in England and Wales

330A

• (1) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .

• (2) The Department of Justice shall not make any order—

• (a) making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or

• (b) under section 336(3) bringing section 43 into force,

unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (4) Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ).

• (5) Any power of the Department of Justice to make an order under this Act—

• (a) may be exercised so as to make different provision for different purposes or different areas, and

• (b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

• (6) The power includes power to make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

which the Department of Justice considers necessary or expedient.

Arrangements for assessing etc risks posed by certain offenders

The 1984 Act

Criminal Justice Act 1987 (c. 38)

Criminal Justice and Police Act 2001 (c. 16)

Armed Forces Act 2001 (c. 19)

Police Reform Act 2002 (c. 30)

Magistrates' Courts Act 1980 (c. 43)

Crime and Disorder Act 1998 (c. 37)

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

22A

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

Territorial Waters Jurisdiction Act 1878 (c. 73)

Bankers' Books Evidence Act 1879 (c. 11)

Explosive Substances Act 1883 (c. 3)

Criminal Justice Act 1925 (c. 86)

Children and Young Persons Act 1933 (c. 12)

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

Criminal Justice Act 1948 (c. 58)

Prison Act 1952 (c. 52)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Geneva Conventions Act 1957 (c. 52)

Naval Discipline Act 1957 (c. 53)

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

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

Criminal Justice Act 1967 (c. 80)

Criminal Appeal Act 1968 (c. 19)

Firearms Act 1968 (c. 27)

Theft Act 1968 (c. 60)

Criminal Justice Act 1972 (c. 71)

Bail Act 1976 (c. 63)

Interpretation Act 1978 (c. 30)

Customs and Excise Management Act 1979 (c. 2)

Magistrates' Courts Act 1980 (c. 43)

Criminal Attempts Act 1981 (c. 47)

Contempt of Court Act 1981 (c. 49)

Supreme Court Act 1981 (c. 54)

Mental Health Act 1983 (c. 20)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Criminal Justice Act 1987 (c. 38)

Coroners Act 1988 (c. 13)

Criminal Justice Act 1988 (c. 33)

Road Traffic Offenders Act 1988 (c. 53)

Criminal Justice Act 1991 (c. 53)

Sexual Offences (Amendment) Act 1992 (c. 34)

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

Reserve Forces Act 1996 (c. 14)

Criminal Procedure and Investigations Act 1996 (c. 25)

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

Crime and Disorder Act 1998 (c. 37)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

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

Proceeds of Crime Act 2002 (c. 29)

4A

An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

33A

An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

33B

An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.

Modification of dates for referral to the Board

Attempted murder

Application to proceedings before service courts

Amendments

Interpretation

Interpretation

Orders made on appeal

Duty to give warning

Breach of order after warning

Issue of summons or warrant by justice of the peace

Issue of summons or warrant by Crown Court

Powers of magistrates' court

Powers of Crown Court

Restriction of powers in paragraphs 9 and 10 where treatment required

Supplementary

Revocation of order with or without re-sentencing: powers of magistrates' court

Revocation of order with or without re-sentencing: powers of Crown Court

Supplementary

Amendment by reason of change of residence

Amendment of requirements of community order

Amendment of treatment requirements of community order on report of practitioner

Amendment in relation to review of drug rehabilitation requirement

Extension of unpaid work requirement

Powers of magistrates' court following subsequent conviction

Powers of Crown Court following subsequent conviction

25A

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

...

Orders made on appeal

Revocation of custody plus order or removal from intermittent custody order of requirements as to licence conditions

Amendment by reason of change of residence

Amendment of requirements of custody plus order or intermittent custody order

Alteration of pattern of temporary release

Supplementary

Interpretation

Orders made on appeal

Duty to give warning in relation to community requirement

Breach of order after warning

Issue of summons or warrant by justice of the peace

Issue of summons or warrant by Crown Court

Powers of court on breach of community requirement or conviction of further offence

Further provisions as to order that suspended sentence is to take effect

Restriction of powers in paragraph 8 where treatment required

Court by which suspended sentence may be dealt with under paragraph 8(1)(b)

Procedure where court convicting of further offence does not deal with suspended sentence

Cancellation of community requirements of suspended sentence order

Amendment by reason of change of residence

Amendment of community requirements of suspended sentence order

Amendment of treatment requirements on report of practitioner

Amendment in relation to review of drug rehabilitation requirement

Extension of unpaid work requirement

Supplementary

59A

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

59B

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

59C

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

59D

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

60A

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

60B

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

60C

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

63A

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

63B

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

63C

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

63D

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

63E

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

63F

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

SCHEDULE 15A

Part 1 — Offences under the law of England and Wales

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

Part 2 — Offences under the law of Scotland

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

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

Part 3 — Offences under the law of Northern Ireland

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

49A

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

49B

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

49C

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

49D

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

49E

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

49F

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

49G

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

49H

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

49I

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

49J

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

49K

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

49L

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

50

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

Part 4 — Offences under service law

51

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

52

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

Part 5 — Interpretation

53

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

60A

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).

Release on licence

Determination of tariffs

Status and Capacity

Membership

Payments to members

Proceedings

Staff

Financial provisions

Authentication of Board’s seal

Presumption of authenticity of documents issued by Board

Accounts and audit

Reports

Interpretation

Starting points

5A

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

Aggravating and mitigating factors

Interpretation

Existing prisoners notified by Secretary of State

Existing prisoners not notified by Secretary of State

Sentences passed on or after commencement date in respect of offences committed before that date

Proceedings in High Court

Giving of reasons

Right of appeal

Review of minimum term on reference by Attorney General

Modification of early release provisions

Transferred life prisoners

Vagrancy Act 1824 (c. 83)

Railway Regulation Act 1842 (c. 55)

London Hackney Carriages Act 1843 (c. 86)

Town Police Clauses Act 1847 (c. 89)

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

Town Gardens Protection Act 1863 (c. 13)

Public Stores Act 1875 (c. 25)

North Sea Fisheries Act 1893 (c. 17)

Seamen’s and Soldiers' False Characters Act 1906 (c. 5)

Aliens Restriction (Amendment) Act 1919 (c. 92)

Children and Young Persons Act 1933 (c. 12)

Protection of Animals Act 1934 (c. 21)

Public Health Act 1936 (c. 49)

Essential Commodities Reserves Act 1938 (c. 51)

London Building Acts (Amendment) Act 1939 (c. xcvii)

Cancer Act 1939 (c. 13)

Civil Defence Act 1939 (c. 31)

Hill Farming Act 1946 (c. 73)

Polish Resettlement Act 1947 (c. 19)

Agriculture Act 1947 (c. 48)

Civil Defence Act 1948 (c. 5)

Agricultural Wages Act 1948 (c. 47)

Wireless Telegraphy Act 1949 (c. 54)

Prevention of Damage by Pests Act 1949 (c. 55)

Coast Protection Act 1949 (c. 74)

Pet Animals Act 1951 (c. 35)

Cockfighting Act 1952 (c. 59)

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

Accommodation Agencies Act 1953 (c. 23)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957 (c. 53)

Agricultural Marketing Act 1958 (c. 47)

Rivers (Prevention of Pollution) Act 1961 (c. 50)

Betting, Gaming and Lotteries Act 1963 (c. 2)

Children and Young Persons Act 1963 (c. 37)

Animal Boarding Establishments Act 1963 (c. 43)

Agriculture and Horticulture Act 1964 (c. 28)

Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60)

Riding Establishments Act 1964 (c. 70)

Industrial and Provident Societies Act 1965 (c. 12)

Cereals Marketing Act 1965 (c. 14)

Gas Act 1965 (c. 36)

Armed Forces Act 1966 (c. 45)

Agriculture Act 1967 (c. 22)

Sea Fisheries (Shellfish) Act 1967 (c. 83)

Theatres Act 1968 (c. 54)

Theft Act 1968 (c. 60)

Agriculture Act 1970 (c. 40)

Breeding of Dogs Act 1973 (c. 60)

Slaughterhouses Act 1974 (c. 3)

National Health Service Act 1977 (c. 49)

Magistrates' Courts Act 1980 (c. 43)

Animal Health Act 1981 (c. 22)

Fisheries Act 1981 (c. 29)

Civil Aviation Act 1982 (c. 16)

Mental Health Act 1983 (c. 20)

Building Act 1984 (c. 55)

Surrogacy Arrangements Act 1985 (c. 49)

Animals (Scientific Procedures) Act 1986 (c. 14)

Motor Cycle Noise Act 1987 (c. 34)

Human Organ Transplants Act 1989 (c. 31)

Town and Country Planning Act 1990 (c. 8)

Environmental Protection Act 1990 (c. 43)

Criminal Justice Act 1991 (c. 53)

Deer Act 1991 (c. 54)

Water Industry Act 1991 (c. 56)

Social Security Administration Act 1992 (c. 5)

Local Government Finance Act 1992 (c. 14)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Merchant Shipping Act 1995 (c. 21)

Reserve Forces Act 1996 (c. 14)

Housing Act 1996 (c. 52)

Broadcasting Act 1996 (c. 55)

Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

Transport Act 2000 (c. 38)

Railway Regulation Act 1840 (c. 97)

Licensing Act 1872 (c. 94)

Regulation of Railways Act 1889 (c. 57)

Witnesses (Public Inquiries) Protection Act 1892 (c. 64)

Licensing Act 1902 (c. 28)

Emergency Powers Act 1920 (c. 55)

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

Cinematograph Films (Animals) Act 1937 (c. 59)

House to House Collections Act 1939 (c. 44)

Fire Services Act 1947 (c. 41)

National Assistance Act 1948 (c. 29)

Docking and Nicking of Horses Act 1949 (c. 70)

Protection of Animals (Amendment) Act 1954 (c. 40)

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)

Agriculture Act 1957 (c. 57)

Animals (Cruel Poisons) Act 1962 (c. 26)

Plant Varieties and Seeds Act 1964 (c. 14)

Agriculture Act 1967 (c. 22)

Firearms Act 1968 (c. 27)

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

Agriculture Act 1970 (c. 40)

Slaughterhouses Act 1974 (c. 3)

Criminal Law Act 1977 (c. 45)

Refuse Disposal (Amenity) Act 1978 (c. 3)

Customs and Excise Management Act 1979 (c. 2)

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

Criminal Attempts Act 1981 (c. 47)

British Nationality Act 1981 (c. 61)

Civil Aviation Act 1982 (c. 16)

Anatomy Act 1984 (c. 14)

Public Health (Control of Disease) Act 1984 (c. 22)

County Courts Act 1984 (c. 28)

Animal Health and Welfare Act 1984 (c. 40)

Police and Criminal Evidence Act 1984 (c. 60)

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

Public Order Act 1986 (c. 64)

Road Traffic Offenders Act 1988 (c. 53)

Official Secrets Act 1989 (c. 6)

Human Organ Transplants Act 1989 (c. 31)

Football Spectators Act 1989 (c. 37)

Food Safety Act 1990 (c. 16)

Deer Act 1991 (c. 54)

Social Security Administration Act 1992 (c. 5)

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

London Local Authorities Act 1995 (c. x)

Police Act 1996 (c. 16)

Treasure Act 1996 (c. 24)

Education Act 1996 (c. 56)

Government of Wales Act 1998 (c. 38)

Access to Justice Act 1999 (c. 22)

Greater London Authority Act 1999 (c. 29)

Immigration and Asylum Act 1999 (c. 33)

Financial Services and Markets Act 2000 (c. 8)

Terrorism Act 2000 (c. 11)

Criminal Justice and Police Act 2001 (c. 16)

Police Reform Act 2002 (c. 30)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Anti-social Behaviour Act 2003 (c. 38)

Plant Health Act 1967 (c. 8)

Agriculture Act 1967 (c. 22)

...

Slaughterhouses Act 1974 (c. 3)

Anatomy Act 1984 (c. 14)

Environmental Protection Act 1990 (c. 43)

Scotland Act 1998 (c. 46)

Regulatory Reform Act 2001 (c. 6)

Misuse of Drugs Act 1971 (c. 38)

Customs and Excise Management Act 1979 (c. 2)

Criminal Justice (International Co-operation) Act 1990 (c. 5)

General

Unpaid work requirement

Curfew requirement

Attendance centre requirement

3A

In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—

• (a) not less than 12, and

• (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £200	18 hours
An amount exceeding £200 but not exceeding £500	21 hours
An amount exceeding £500 but not exceeding £1,000	24 hours
An amount exceeding £1,000 but not exceeding £2,500	30 hours
An amount exceeding £2,500	36 hours

.

Change of residence

3B

• (1) In its application to a default order, section 215 of the Sentencing Code (duty of offender to keep in touch with responsible officer) is modified as follows.

• (2) At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.”

3C

Section 216 of the Sentencing Code (duty to obtain permission before changing residence) does not apply in relation to a default order.

Enforcement, revocation and amendment of default order

Power to alter amount of money or number of hours or days

Transfer of default orders to Scotland or Northern Ireland

Piracy Act 1837 (c. 88)

Children and Young Persons Act 1933 (c. 12)

Prison Act 1952 (c. 52)

Criminal Justice Act 1967 (c. 80)

Criminal Appeal Act 1968 (c. 19)

Firearms Act 1968 (c. 27)

Social Work (Scotland) Act 1968 (c. 49)

Children and Young Persons Act 1969 (c. 54)

Immigration Act 1971 (c. 77)

Thames Barrier and Flood Prevention Act 1972 (c. xiv)

Rehabilitation of Offenders Act 1974 (c. 53)

Armed Forces Act 1976 (c. 52)

Bail Act 1976 (c. 63)

Criminal Law Act 1977 (c. 45)

Magistrates' Courts Act 1980 (c. 43)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

Public Passenger Vehicles Act 1981 (c. 14)

Criminal Attempts Act 1981 (c. 47)

Criminal Justice Act 1982 (c. 48)

Mental Health Act 1983 (c. 20)

Repatriation of Prisoners Act 1984 (c. 47)

Police and Criminal Evidence Act 1984 (c. 60)

Criminal Justice Act 1988 (c. 33)

Firearms (Amendment) Act 1988 (c. 45)

Road Traffic Act 1988 (c. 52)

Road Traffic Offenders Act 1988 (c. 53)

Football Spectators Act 1989 (c. 37)

Children Act 1989 (c. 41)

Criminal Justice Act 1991 (c. 53)

Aggravated Vehicle-Taking Act 1992 (c. 11)

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

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

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

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

Education Act 1996 (c. 56)

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

Crime (Sentences) Act 1997 (c. 43)

Crime and Disorder Act 1998 (c. 37)

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

Child Support, Pensions and Social Security Act 2000 (c. 19)

Criminal Justice and Court Services Act 2000 (c. 43)

International Criminal Court Act 2001 (c. 17)

Armed Forces Act 2001 (c. 19)

Proceeds of Crime Act 2002 (c. 29)

Sexual Offences Act 2003 (c. 42)

Vagrancy Act 1824 (c. 83)

London Hackney Carriages Act 1843 (c. 86)

Town Police Clauses Act 1847 (c. 89)

Seamen’s and Soldiers' False Characters Act 1906 (c. 5)

Aliens Restriction (Amendment) Act 1919 (c. 92)

Polish Resettlement Act 1947 (c. 19)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957 (c. 53)

Slaughterhouses Act 1974 (c. 3)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Transport Act 2000 (c. 38)

Reserve Forces Act 1996 (c. 14)

Crime and Disorder Act 1998 (c. 37)

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

SCHEDULE 34A

Offences under provisions repealed by Sexual Offences Act 2003

1

An offence under—

• (a) section 5 or 6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or 16), or

• (b) section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).

2

An offence under any of—

• (a) section 1 of that Act (rape),

• (b) section 10 of that Act (incest by a man), and

• (c) sections 12 to 16 of that Act (buggery, indecency between men, indecent assault and assault with intent to commit buggery),

where the victim or (as the case may be) the other party was under 18 at the time of the offence.

3

An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).

4

An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape where the intended offence was an offence against a person under 18.

5

An offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).

6

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Other offences

7

An offence under any of—

• (a) sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

• (b) sections 9 to 15A of that Act (child sex offences),

• (c) sections 16 to 19 of that Act (abuse of position of trust),

• (d) sections 25 and 26 of that Act (familial child sex offences), and

• (e) sections 47 to 50 of that Act ( sexual exploitation of children ).

8

An offence under any of—

• (a) sections 1 to 4 of that Act (rape, assault and causing sexual activity without consent),

• (b) sections 30 to 41 of that Act (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder), and

• (c) section 61 of that Act (administering a substance with intent),

where the victim of the offence was under 18 at the time of the offence.

9

An offence under section 62 or 63 of that Act (committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence) where the intended offence was an offence against a person under 18.

10

An offence under section 66 , 66A, 66B(2) or (3) , 67 or 67A of that Act (exposure , sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification and voyeurism) where the victim or intended victim of the offence was under 18 at the time of the offence.

11

An offence under—

• (a) section 1 of the Protection of Children Act 1978 (indecent photographs of children), or

• (b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).

12

An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) where the prohibited goods included any indecent photograph showing a person under 18.

13

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) in relation to an image showing a person under 18.

13A

An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).

General

14

A reference in this Schedule to an offence (“offence A”) includes—

• (a) a reference to an attempt to commit offence A,

• (b) a reference to a conspiracy to commit offence A,

• (c) a reference to incitement to commit offence A,

• (d) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

• (e) a reference to aiding and abetting, counselling or procuring the commission of offence A.

15

A reference in this Schedule to an offence (“offence A”) includes—

• (a) a reference to an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence A, and

• (b) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A;

and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.

Bail Act 1976 (c. 63)

Supreme Court Act 1981 (c. 54)

Police and Criminal Evidence Act 1984 (c. 60)

Criminal Law Act 1977 (c. 45)

Magistrates' Courts Act 1980 (c. 43)

Prosecution of Offences Act 1985 (c. 23)

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

Drug Trafficking Act 1994 (c. 37)

Merchant Shipping Act 1995 (c. 21)

Terrorism Act 2000 (c. 11)

Proceeds of Crime Act 2002 (c. 29)

Crime (International Co-operation) Act 2003 (c. 32)

Prosecution of Offences Act 1985 (c. 23)

Criminal Justice Act 1987 (c. 38)

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

Criminal Procedure and Investigations Act 1996 (c. 25)

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

Indictments Act 1915 (c. 90)

Criminal Law Act 1967 (c. 58)

Criminal Justice Act 1967 (c. 80)

Criminal Law Act (Northern Ireland) 1967 (c. 18)

Criminal Appeal Act 1968 (c. 19)

Judicature (Northern Ireland) Act 1978 (c. 23)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Supreme Court Act 1981 (c. 54)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Criminal Justice Act 1987 (c. 38)

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

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

Criminal Procedure and Investigations Act 1996 (c. 25)

Crime and Disorder Act 1998 (c. 37)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Anti-terrorism, Crime and Security Act 2001 (c. 24)

Proceeds of Crime Act 2002 (c. 29)

Criminal Procedure Act 1865 (c. 18)

Criminal Evidence Act 1898 (c. 36)

Army Act 1955 (c. 18)

Air Force Act 1955 (c. 19)

Naval Discipline Act 1957 (c. 53)

Armed Forces Act 1976 (c. 52)

Police and Criminal Evidence Act 1984 (c. 60)

Criminal Appeal Act 1968 (c. 19)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Criminal Justice Act 1988 (c. 33)

Criminal Appeal Act 1995 (c. 35)

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

Sentencing of offenders aged 18 but under 21

. . .

Drug treatment and testing orders

Drug testing as part of supervision of young offenders after release

Intermittent custody

Transfer to Scotland of community orders and suspended sentence orders

Editorial notes