Legalize / United Kingdom / Public General Act

Criminal Justice Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3) Where an order has been made under subsection (2) for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b) on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(4) In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.

(5) The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.

(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—

(a) any such licence held by him ...; or

(b) in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence ....

(7) In this section—

“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

Chapter 9 — Supplementary

Execution of process between England and Wales and Scotland

302

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—

section 256AC(1) or (3),

section 256C(1) or (3),

paragraph 8(1) or 10(5) of Schedule 19A,

Sentencing: repeals

303

The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—

(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

(b) in the Crime (Sentences) Act 1997 (c. 43)—

(i) section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),

(ii) section 33 (transferred prisoners), and

(iii) sections 35 and 40 (fine defaulters),

(d) in the Sentencing Act—

(i) Chapter 3 of Part 4 (community orders available only where offender 16 or over),

(ii) section 85 (sexual or violent offences: extension of custodial term for licence purposes),

(iii) sections 87 and 88 (remand in custody),

(iv) section 109 (life sentence for second serious offence), and

(v) Chapter 5 of Part 5 (suspended sentences).

Amendments relating to sentencing

304

Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.

Interpretation of Part 12

305

(1) In this Part, except where the contrary intention appears—

“associated”, in relation to offences, is to be read in accordance with section 400 of the Sentencing Code;

“attendance centre” has the meaning given by section 221(2);

“community order” has the meaning given by section 200 of the Sentencing Code;

“court” (without more), except in Chapter 7, does not include a service court, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;

“curfew requirement”, in relation to a community order, ... or suspended sentence order, has the meaning given by paragraph 9(1) of Schedule 9 to the Sentencing Code;

“custodial sentence” has the meaning given by section 222 of the Sentencing Code;

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“default order” has the meaning given by section 300(3);

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“licence” means a licence under Chapter 6;

“the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;

“sentence of imprisonment” does not include a committal—in default of payment of any sum of money,for want of sufficient distress to satisfy any sum of money, orfor failure to do or abstain from doing anything required to be done or left undone ,and references to sentencing an offender to imprisonment are to be read accordingly;

“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

“service court” means—the Court Martial;the Summary Appeal Court;the Service Civilian Court;the Court Martial Appeal Court; orthe Supreme Court on an appeal brought from the Court Martial Appeal Court;

“suspended sentence” and “suspended sentence order” have the meaning given by section 286 of the Sentencing Code;

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

(2) For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

(3) Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

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

Part 13 — Miscellaneous

Detention of suspected terrorists

Limit on period of detention without charge of suspected terrorists

306

(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.

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

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

(4) After that sub-paragraph there is inserted—

(3A) Where the period specified in a warrant of further detention— (a) ends at the end of the period of seven days beginning with the relevant time, or (b) by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period, the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time. (3B) In this paragraph “the relevant time”, in relation to a person, means— (a) the time of his arrest under section 41, or (b) if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.

Enforcement of legislation on endangered species

Enforcement of regulations implementing Community legislation on endangered species

307

(1) In this section—

“the 1972 Act” means the European Communities Act 1972 (c. 68);

“relevant EU instrument” means—Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, andCommission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).

(2) Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.

(3) In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

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

(5) Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—

(a) with the omission of the words “in relation to Scotland and Northern Ireland”, and

(b) as if, in relation to England and Wales, the definition of “relevant EU instrument” also included Council Directive 92/43/ EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/ EC.

(6) Any reference in this section to an EU instrument is to be read—

(a) as a reference to that instrument as amended from time to time, and

(b) where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).

Miscellaneous provisions about criminal proceedings

Non-appearance of defendant: plea of guilty

308

In section 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused: plea of guilty) subsection (1)(a)(i) (which excludes offences punishable with imprisonment for term exceeding 3 months) is omitted.

Preparatory hearings for serious offences not involving fraud

309

In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearings) in subsection (1) (preparatory hearing may be held in complex or lengthy trial) after “complexity” there is inserted “ a case of such seriousness ”.

Preparatory hearings to deal with severance and joinder of charges

310

(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the purposes of preparatory hearings in fraud cases) after paragraph (d) there is inserted

or (e) considering questions as to the severance or joinder of charges.

(2) In section 9(3) of that Act (determinations as to the admissibility of evidence etc) after paragraph (c) there is inserted

and (d) any question as to the severance or joinder of charges.

(3) In section 9(11) of that Act (appeals against orders or rulings under section 9(3)(b) or (c)) for “or (c)” there is substituted “ (c) or (d) ”.

(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (purposes of preparatory hearings in non-fraud cases) after paragraph (d) there is inserted—

(e) considering questions as to the severance or joinder of charges,

(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after paragraph (b) there is inserted—

(c) any question as to the severance or joinder of charges.

Reporting restrictions for preparatory hearings

311

(1) The Criminal Justice Act 1987 is amended as follows.

(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(3) In section 11A (offences in connection with reporting) after subsection (3) there is inserted—

(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “ sections 11 and 11A; ”.

(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as follows.

(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(7) In section 38 (offences in connection with reporting) after subsection (3) there is inserted—

(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(9) In section 79(3) (extent) after “Parts III” there is inserted “ (other than sections 37 and 38) ”.

(10) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.

Awards of costs

312

(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is inserted “ or section 35(1) of the Criminal Procedure and Investigations Act 1996 ”.

(3) In section 18(2) (award of costs against accused in case of dismissal of appeal under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) there is inserted

or (d) an appeal or application for leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996.

Extension of investigations by Criminal Cases Review Commission in England and Wales

313

(1) Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.

(2) In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.

(3) In paragraph (a) of that subsection—

(a) at the beginning there is inserted “ in the case of an appeal, ”, and

(b) for “case”, in both places where it occurs, there is substituted “ appeal ”.

(4) After paragraph (a) of that subsection there is inserted—

(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(5) After that subsection there is inserted—

(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.

(6) After subsection (4) there is inserted—

(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Extension of investigations by Criminal Cases Review Commission in Northern Ireland

314

(1) Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.

(2) In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.

(3) In paragraph (a) of that subsection—

(a) at the beginning there is inserted “ in the case of an appeal, ”, and

(b) for “case”, in both places where it occurs, there is substituted “ appeal ”.

(4) After paragraph (a) of that subsection there is inserted—

(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(5) After that subsection there is inserted—

(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.

(6) After subsection (4) there is inserted—

(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Appeals following reference by Criminal Cases Review Commission

315

(1) Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.

(2) After subsection (4) there is inserted—

(4A) Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference. (4B) The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.

(3) In subsection (5) for “any of sections 9 to” there is substituted “ section 11 or ”.

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

316

(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3) After section 3 there is inserted—

(3A) (1) This section applies on an appeal against conviction where— (a) an appellant has been convicted of an offence to which he pleaded guilty, (b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and (c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence. (2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.

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

317

(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3) After section 3 there is inserted—

(3A) (1) This section applies where— (a) an appellant has been convicted of an offence to which he pleaded guilty, (b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and (c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence. (2) The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.

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

318

(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

(2) In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3) After section 14 there is inserted—

(14A) (1) This section applies where— (a) an appellant has been convicted of an offence to which he pleaded guilty, (b) if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and (c) it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence. (2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.

Appeals against sentences in England and Wales

319

(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2) In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—

(3) An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.

(3) In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—

(7) For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if— (a) they are passed on the same day; or (b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.

Outraging public decency

Offence of outraging public decency triable either way

320

(1) After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 1980 (c. 43) (offences triable either way by virtue of section 17) there is inserted—

(1A) An offence at common law of outraging public decency.

(2) This section does not apply in relation to any offence committed before the commencement of this section.

Jury service

321

Schedule 33 (jury service) shall have effect.

Individual support orders

322

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Individual support orders: consequential amendments

323

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Parenting orders and referral orders

324

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Assessing etc. risks posed by sexual or violent offenders

Arrangements for assessing etc risks posed by certain offenders

325

(1) In this section—

“relevant sexual or violent offender” and “relevant terrorist offender” have the meanings given by section 327;

“responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area or (if there is no local probation board for that area) a relevant provider of probation services and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—

(a) relevant sexual and violent offenders,

(aa) relevant terrorist offenders,

(b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public , and

(c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.

(3) In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their relevant functions.

(4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies.

(4A) This subsection applies to—

(a) the responsible authority,

(b) a person specified in subsection (6), and

(c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2).

(4B) A disclosure under subsection (4) does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(4C) But subsection (4) does not authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or

(b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection.

(4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4).

(4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act).

(4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).

(5) The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.

(6) The persons referred to in subsections (3) , (4A)(b) and (5) are—

(a) every youth offending team established for an area any part of which falls within the relevant area,

(b) the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training,

(ba) NHS England,

(c) every local authority acting in the exercise of its relevant functions any part of whose area falls within the relevant area,

(d) every local housing authority ... any part of whose area falls within the relevant area,

(da) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,

(e) every private registered provider of social housing or registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside,

(f) every Health Authority ... any part of whose area falls within the relevant area,

(g) every integrated care board or ... Local Health Board any part of whose area falls within the relevant area,

(h) every NHS trust any part of whose area falls within the relevant area, ...

(i) every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services , and

(j) the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency).

(7) The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person.

(8) The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and sections 326 and 327A.

(8A) Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.

(9) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“education functions” has the meaning given by section 579(1) of the Education Act 1996;

“involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);

“local authority” has the same meaning as in the Education Act 1996 (c. 56);

“local housing authority” has the same meaning as in the Housing Act 1985 (c. 68);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“NHS trust” has the same meaning as in the National Health Service Act 2006;

“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);

“prison” has the same meaning as in the Prison Act 1952 (c. 52);

“processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);

“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52);

“relevant functions means—in the case of a local authority, the education functions and the social services functions of that authority;in the case of any other person specified in subsection (6), the functions of that person under any other enactment;

“a relevant provider of probation services ” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.

“ social services functions ” has the meaning given — in relation to England, by section 1A of the Local Authority Social Services Act 1970. in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014.

Review of arrangements

326

(1) The responsible authority for each area must keep the arrangements established by it under section 325 under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.

(2) The responsible authority for any area must exercise their functions under subsection (1) in consultation with persons appointed by the Secretary of State as lay advisers in relation to that authority.

(3) The Secretary of State must appoint two lay advisers under subsection (2) in relation to each responsible authority.

(4) The responsible authority must pay to or in respect of the persons so appointed such allowances as the Secretary of State may determine.

(5) As soon as practicable after the end of each period of 12 months beginning with 1st April, the responsible authority for each area must—

(a) prepare a report on the discharge by it during that period of the functions conferred by section 325 , this section and section 327A , and

(b) publish the report in that area.

(6) The report must include—

(a) details of the arrangements established by the responsible authority, and

(b) information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.

Section 325: interpretation

327

(1) For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (4).

(2) A person falls within this subsection if he is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).

(3) A person falls within this subsection if—

(a) he has been convicted by a court in England or Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below, and

(b) one of the following sentences was imposed on him in respect of the conviction—

(i) a sentence of imprisonment for that is not for a term of less than 12 months,

(ii) a sentence of detention in a young offender institution for a term of 12 months or more,

(iii) a sentence of detention during Her Majesty’s pleasure,

(iv) a sentence of detention for public protection under section 226,

(v) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences),

(va) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code,

(vi) a sentence of detention under section 226B or 228 or under section 254 of the Sentencing Code,

(vii) a detention and training order for a term of 12 months or more, or

(viii) a hospital or guardianship order within the meaning of the Mental Health Act 1983 (c. 20).

(4) A person falls within this subsection if—

(a) he is found not guilty by a court in England and Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and

(b) one of the following orders is made in respect of the act charged against him as the offence—

(i) an order that he be admitted to hospital, or

(ii) a guardianship order within the meaning of the Mental Health Act 1983.

(4A) The offences specified in this subsection are—

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

(b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child;

(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;

(ca) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship);

(d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection;

(e) an offence of conspiring to commit an offence so specified;

(f) an offence of attempting to commit an offence so specified.

(4B) For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D).

(4C) A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008.

(4D) A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in—

(a) paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008,

(b) paragraph (a) or (b) of section 45(2) of that Act,

(d) paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.

(4E) For the purposes of subsection (4D)—

(a) any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and

(b) any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

(4F) In subsections (4D) and (4E) “relevant terrorist offence” means—

(a) an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),

(b) a service offence as respects which the corresponding civil offence is so specified, or

and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(4G) For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or

(iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales).

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

(6) In this section—

"child" means a person under 18;

“court” does not include a service court, as defined by section 305(1).

Criminal record certificates

Criminal record certificates: amendments of Part 5 of Police Act 1997

328

Schedule 35 (which contains amendments of Part 5 of the Police Act 1997 (c. 50)) shall have effect.

Civil proceedings brought by offenders

Civil proceedings for trespass to the person brought by offender

329

(1) This section applies where—

(a) a person (“the claimant”) claims that another person (“the defendant”) did an act amounting to trespass to the claimant’s person, and

(b) the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done.

(2) Civil proceedings relating to the claim may be brought only with the permission of the court.

(3) The court may give permission for the proceedings to be brought only if there is evidence that either—

(a) the condition in subsection (5) is not met, or

(b) in all the circumstances, the defendant’s act was grossly disproportionate.

(4) If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both—

(a) that the condition in subsection (5) is met, and

(b) that, in all the circumstances, his act was not grossly disproportionate.

(5) The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because—

(a) he believed that the claimant—

(i) was about to commit an offence,

(ii) was in the course of committing an offence, or

(iii) had committed an offence immediately beforehand; and

(b) he believed that the act was necessary to—

(i) defend himself or another person,

(ii) protect or recover property,

(iii) prevent the commission or continuation of an offence, or

(iv) apprehend, or secure the conviction, of the claimant after he had committed an offence;

or was necessary to assist in achieving any of those things.

(6) Subsection (4) is without prejudice to any other defence.

(7) Where—

(a) a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and

(b) the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence,

he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction.

(8) In this section—

(a) the reference to trespass to the person is a reference to—

(i) assault,

(ii) battery, or

(iii) false imprisonment;

(b) references to a defendant’s belief are to his honest belief, whether or not the belief was also reasonable;

(d) “imprisonable offence” means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment.

Part 14 — General

Orders and rules

330

(1) This section applies to—

(a) any power conferred by this Act on the Secretary of State to make an order or rules;

(b) the power conferred by section 168 . . . or the Lord Chief Justice to make an order.

(2) The power is exercisable by statutory instrument.

(2A) Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown.

(3) The power—

(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.

(4) The power includes power to make—

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

(b) any transitory, transitional or saving provision,

which the Minister making the instrument considers necessary or expedient.

(5) A statutory instrument containing—

(a) an order under any of the following provisions—

section 22(3C),

section 25(5),

section 103,

. . .

section ...

section ...

section 237A(13),

section 246(5),

section 254(6A),

section 255A(10),

section 255BA(10),

section 256AZB,

section 256AB(4),

section 258(2C),

section 260,

section 267,

section 281(2),

section 283(1),

section 291,

section 301(5),

section 325(7), and

paragraph 6 of Schedule 19A,

paragraph 5 of Schedule 31,

(aa) an order under section 23A(4) which makes provision—

(i) increasing the fraction in section 23A(3)(a), or

(ii) increasing the figure in section 23A(3)(b) by more than is necessary to reflect changes in the value of money,

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

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

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

may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions—

section 253(5),

section 325(6)(i), and

section 336.

Further minor and consequential amendments

331

Schedule 36 (further minor and consequential amendments) shall have effect.

Repeals

332

Schedule 37 (repeals) shall have effect.

Supplementary and consequential provision, etc.

333

(1) The Secretary of State may by order make—

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

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(1A) In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

(2) An order under subsection (1) may, in particular—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b) amend or repeal—

(i) any Act passed before, or in the same Session as, this Act, and

(ii) subordinate legislation made before the passing of this Act.

(3) Nothing in this section limits the power by virtue of section 330(4)(b) or 330A(6)(b) to include transitional or saving provision in an order under section 336.

(4) The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act.

(5) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(6) Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect.

Provision for Northern Ireland

334

(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to those of any provisions of this Act specified in subsection (2)—

(a) shall not be subject to subsections (3) to (9) of that section (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The provisions are—

(a) in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and

(b) Parts 8, 9 and 11.

(3) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland)—

(a) the reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 shall be read as a reference to paragraph 1 of the Schedule to the Northern Ireland Act 2000 (legislation by Order in Council during suspension), and

(b) the reference in subsection (1)(a) above to subsections (3) to (9) of that section shall be read as a reference to paragraph 2 of that Schedule.

(4) The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) (transfer of certain functions to Director of Public Prosecutions for Northern Ireland) to any function of the Attorney General for Northern Ireland of consenting to the institution of criminal proceedings includes any such function which is conferred by an amendment made by this Act.

(5) Any reference to any provision of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is to be read as a reference to that provision as amended by this Act.

Expenses

335

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Commencement

336

(1) The following provisions of this Act come into force on the passing of this Act—

section 168(1) and (2),

section 183(8),

section 307(1) to (3), (5) and (6),

section 330,

section 333(1) to (5),

sections 334 and 335,

this section and sections 337, 338 and 339, and

the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and

paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs).

(2) The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed—

Chapter 7 of Part 12 (and Schedules 21 and 22);

section 303(b)(i) and (ii);

paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions);

Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule).

(3) The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

(4) Different provision may be made for different purposes and different areas.

(5) For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

Extent

337

(1) Subject to the following provisions of this section and to section 338, this Act extends to England and Wales only.

(2) The following provisions extend also to Scotland and Northern Ireland—

sections 71 and 72;

sections 82 and 83;

section 188 and Schedule 11;

section 293;

section 306

section 307;

section 311;

this Part, except sections 331, 332 and 334(5);

paragraphs 19, 70 and 71 of Schedule 3;

paragraphs 3, 6, 7 and 8 of Schedule 27;

paragraphs 6 to 8 of Schedule 31.

(3) The following provisions extend also to Scotland—

section 50(14);

section 286;

sections 287, 288, and 291;

section 302;

paragraph 2 of Schedule 23;

paragraphs 1, 2 and 5 of Schedule 27;

paragraph 7 of Schedule 38.

(4) Section 290 extends to Scotland only.

(5) The following provisions extend also to Northern Ireland—

Part 5;

Part 7;

sections 75 to 81;

sections 84 to 93;

sections 95 to 97;

section 315;

section 328;

Schedule 5.

Schedule 35.

(6) The following provisions extend to Northern Ireland only—

. . .

sections 296 and 297;

section 314;

section 317;

section 334(5).

(7) The amendment or repeal of any enactment by any provision of—

(a) Part 1,

(b) section 285,

(d) Schedule 27,

(e) Schedule 28,

(f) Part 1 of Schedule 32,

(g) Parts 1 to 4 and 6 of Schedule 36, and

(h) Parts 1 to 4, 6 to 8, 10 and 12 of Schedule 37 (except as mentioned in subsection (9)),

extends to the part or parts of the United Kingdom to which the enactment extends.

(8) Paragraphs 29, 30, 31, 39, 41, 50, 53 and 63 of Schedule 3 do not extend to Northern Ireland.

(9) The repeals in Part 4 of Schedule 37 relating to—

(a) the Bankers' Books Evidence Act 1879 (c. 11),

(b) the Explosive Substances Act 1883 (c. 3),

(d) the Customs and Excise Management Act 1979 (c. 2), and

(e) the Contempt of Court Act 1981 (c. 49),

do not extend to Northern Ireland.

(10) The provisions mentioned in subsection (11), so far as relating to proceedings before a particular service court, have the same extent as the Act under which the court is constituted.

(11) Those provisions are—

section 113 and Schedule 6;

section 135 and Schedule 7.

(12) Nothing in subsection (1) affects —

(a) the extent of Chapter 7 of Part 12 so far as relating to sentences passed in respect of service offences within the meaning of the Armed Forces Act 2006, or

(b) the extent of section 299 and Schedule 30 so far as relating to the making of orders by, or orders made by, the Court Martial or the Court Martial Appeal Court.

(12A) Nothing in subsection (1) affects the extent of section 94; and section 384 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act.

(13) Any provision of this Act which—

(a) relates to any enactment contained in—

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

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

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

(iv) the Court Martial Appeals Act 1968(c. 20), or

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) section 113 of the Police and Criminal Evidence Act 1984 (c. 60),

(vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

has the same extent as the enactment to which it relates.

Channel Islands and Isle of Man

338

(1) Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council.

(3) Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337.

(4) Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council.

Short title

339

This Act may be cited as the Criminal Justice Act 2003.

SCHEDULE 1

The 1984 Act

1

The 1984 Act is amended as follows.

2

In section 18 (entry and search after arrest), for subsection (5) there is substituted—

(5) A constable may conduct a search under subsection (1)— (a) before the person is taken to a police station or released on bail under section 30A, and (b) without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied. (5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

3

In section 21 (access and copying), at the end there is inserted—

(9) The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.

4

In section 22 (retention), at the end there is inserted—

(7) The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.

5

In section 34 (limitation on police detention), for subsection (7) there is substituted—

(7) For the purposes of this Part a person who— (a) attends a police station to answer to bail granted under section 30A, (b) returns to a police station to answer to bail granted under this Part, or (c) is arrested under section 30D or 46A, is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.

6

In section 35(1) (designated police stations), for “section 30(3) and (5) above” there is substituted “ sections 30(3) and (5), 30A(5) and 30D(2) ”.

7

In section 36 (custody officers at police stations), after subsection (7) there is inserted—

(7A) Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station. (7B) Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.

8

In section 41(2) (calculation of periods of time), after paragraph (c) there is inserted—

(ca) in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;

9

In section 45A(2)(a) (functions which may be performed by video-conferencing), after “taken to” there is inserted “ , or answering to bail at, ”.

10

In section 47 (bail after arrest)—

(a) in subsection (6), after “granted bail” there is inserted “ under this Part ”, and

(b) in subsection (7), after “released on bail” there is inserted “ under this Part ”.

Criminal Justice Act 1987 (c. 38)

11

In section 2 of the Criminal Justice Act 1987 (director’s investigation powers), after subsection (6) there is inserted—

(6A) Where an appropriate person accompanies a constable, he may exercise the powers conferred by subsection (5) but only in the company, and under the supervision, of the constable.

12

In subsection (7) of that section (meaning of appropriate person), for “subsection (6) above” there is substituted “ this section ”.

13

In subsection (8D) of that section (references to evidence obtained by Director), after “by a constable” there is inserted “ or by an appropriate person ”.

Criminal Justice and Police Act 2001 (c. 16)

14

In section 56 of the Criminal Justice and Police Act 2001 (property seized by constables etc.), after subsection (4) there is inserted—

(4A) Subsection (1)(a) includes property seized on any premises— (a) by a person authorised under section 16(2) of the 1984 Act to accompany a constable executing a warrant, or (b) by a person accompanying a constable under section 2(6) of the Criminal Justice Act 1987 in the execution of a warrant under section 2(4) of that Act.

Armed Forces Act 2001 (c. 19)

15

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

Police Reform Act 2002 (c. 30)

16

Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) is amended as follows.

17

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

18

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

19

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

20

In paragraph 34 (powers of escort officer to take arrested person to prison), in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted “ subsection (1A) of section 30 ”.

SCHEDULE 2

1

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

2

(1) Section 37 (duties of custody officers before charge) is amended as follows.

(2) In subsection (7) for paragraphs (a) and (b) there is substituted—

(a) shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below, (b) shall be released without charge and on bail but not for that purpose, (c) shall be released without charge and without bail, or (d) shall be charged.

(3) After that subsection there is inserted—

(7A) The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer. (7B) Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below.

(4) In subsection (8)(a) after “(7)(b)” there is inserted “ or (c) ”.

3

After that section there is inserted—

(37A) (1) The Director of Public Prosecutions may issue guidance— (a) for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and (b) as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below. (2) The Director of Public Prosecutions may from time to time revise guidance issued under this section. (3) Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) below. (4) A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates. (5) The Director of Public Prosecutions must publish in such manner as he thinks fit— (a) any guidance issued under this section, and (b) any revisions made to such guidance. (6) Guidance under this section may make different provision for different cases, circumstances or areas. (37B) (1) Where a person is released on bail under section 37(7)(a) above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above. (2) The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence. (3) If he decides that there is sufficient evidence to charge the person with an offence, he shall decide— (a) whether or not the person should be charged and, if so, the offence with which he should be charged, and (b) whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution. (4) The Director of Public Prosecutions shall give written notice of his decision to an officer involved in the investigation of the offence. (5) If his decision is— (a) that there is not sufficient evidence to charge the person with an offence, or (b) that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence, a custody officer shall give the person notice in writing that he is not to be prosecuted. (6) If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly. (7) But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution, he shall instead be charged with the offence. (8) For the purposes of this section, a person is to be charged with an offence either— (a) when he is in police detention after returning to a police station to answer bail or is otherwise in police detention at a police station, or (b) in accordance with section 29 of the Criminal Justice Act 2003. (9) In this section “caution” includes— (a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003, and (b) a warning or reprimand under section 65 of the Crime and Disorder Act 1998. (37C) (1) This section applies where— (a) a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and (b) at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given. (2) The person arrested— (a) shall be charged, or (b) shall be released without charge, either on bail or without bail. (3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer. (4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest. (37D) (1) Where a person is released on bail under section 37(7)(a) or section 37C(2)(b) above, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail. (2) The custody officer shall give the person notice in writing of the exercise of the power under subsection (1). (3) The exercise of the power under subsection (1) shall not affect the conditions (if any) to which bail is subject. (4) Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under subsection (1) above to be exercised. (5) 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) Where a person is kept in police detention by virtue of subsection (4) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section 37(7)(a) or 37C(2)(b) above.

4

In section 40 (review of police detention) in subsection (9) after “37(9)” there is inserted “ or 37D(5) ”.

5

In section 46A (power of arrest for failure to answer police bail) after subsection (1) insert—

(1A) A person who has been released on bail under section 37(7)(a) or 37C(2)(b) above may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

6

(1) Section 47 (bail after arrest) is amended as follows.

(2) In subsection (1) (release on bail under Part 4 shall be release on bail granted in accordance with certain provisions of the Bail Act 1976) for “Subject to subsection (2) below” there is substituted “ Subject to the following provisions of this section ”.

(3) In subsection (1A) (bail conditions may be imposed when a person is released under section 38(1)) after “section”, in the first place where it occurs, there is inserted “ 37(7)(a) above or section ”.

(4) After that subsection there is inserted—

(1B) No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section 37(7)(a) or 37C(2)(b) above. (1C) Subsections (1D) to (1F) below apply where a person released on bail under section 37(7)(a) or 37C(2)(b) above is on bail subject to conditions. (1D) The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980. (1E) A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976. (1F) Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.

SCHEDULE 3

Part 1 — Principal amendments

Magistrates' Courts Act 1980 (c. 43)

1

The Magistrates' Courts Act 1980 is amended as follows.

2

(1) Section 17A (initial indication as to plea) is amended as follows.

(2) For paragraph (b) of subsection (4) there is substituted—

(b) he may (unless section 17D(2) below were to apply) be committed for sentence to the Crown Court under section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.

(3) After subsection (9) there is inserted—

(10) If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act.

3

After section 17C there is inserted—

(17D) (1) If— (a) the offence is a scheduled offence (as defined in section 22(1) below); (b) the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and (c) the court convicts the accused of the offence, the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below). (2) If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum— (a) subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and (b) sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence. (3) Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section). (4) Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking). (17E) (1) The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice. (2) Subsection (1) above shall not be taken as authorising— (a) the summary trial of an information (otherwise than in accordance with section 17A(6) or 17B(2)(c) above); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices.

4

In section 18 (initial procedure on information against adult for offence triable either way), for subsection (5) there is substituted—

(5) The functions of a magistrates' court under sections 19 to 23 below may be discharged by a single justice, but this subsection shall not be taken as authorising— (a) the summary trial of an information (otherwise than in accordance with section 20(7) below); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices.

5

For section 19 (court to begin by considering which mode of trial appears more suitable) there is substituted—

(19) (1) The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment. (2) Before making a decision under this section, the court— (a) shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and (b) shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable. (3) In making a decision under this section, the court shall consider— (a) whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and (b) any representations made by the prosecution or the accused under subsection (2)(b) above, and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003. (4) Where— (a) the accused is charged with two or more offences; and (b) it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances, subsection (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (5) In this section any reference to a previous conviction is a reference to— (a) a previous conviction by a court in the United Kingdom; or (b) a previous finding of guilt in— (i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or (ii) any proceedings before a Standing Civilian Court. (6) If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act.

6

For section 20 (procedure where summary trial appears more suitable) there is substituted—

(20) (1) If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below). (2) The court shall explain to the accused in ordinary language— (a) that it appears to the court more suitable for him to be tried summarily for the offence; (b) that he can either consent to be so tried or, if he wishes, be tried on indictment; and (c) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section. (3) The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty. (4) If the accused requests an indication of sentence, the court may, but need not, give such an indication. (5) If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above. (6) If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty. (7) If the accused indicates that he would plead guilty the court shall proceed as if— (a) the proceedings constituted from that time the summary trial of the information; and (b) section 9(1) above were complied with and he pleaded guilty under it. (8) Subsection (9) below applies where— (a) the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one); (b) the accused either— (i) does not indicate, in accordance with subsection (5) above, that he wishes; or (ii) indicates, in accordance with subsection (5) above, that he does not wish, to reconsider the indication of plea under section 17A or 17B above; or (c) the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty. (9) The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and— (a) if he consents to be tried summarily, shall proceed to the summary trial of the information; and (b) if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. (20A) (1) Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above. (2) Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000. (3) Except as provided in subsection (1) above— (a) an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and (b) no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence. (4) Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or (b) an indication by the accused under that section of how he would plead. (5) Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register. (6) In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly.

7

For section 21 (procedure where trial on indictment appears more suitable) there is substituted—

(21) If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried on indictment, and shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

8

(1) Section 23 (power of court, with consent of legally represented accused, to proceed in his absence) is amended as follows.

(2) In subsection (4)—

(a) for the words preceding paragraph (a) there is substituted “ If the court decides under section 19 above that the offence appears to it more suitable for summary trial then— ”, and

(b) in paragraph (b), for the words from “to inquire” to the end there is substituted “ in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. ”.

(3) For subsection (5) there is substituted—

(5) If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

9

(1) Section 24 (summary trial of information against child or young persons for indictable offence), as amended by section 42 of this Act, is amended as follows.

(2) For subsection (1) there is substituted—

(1) Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily.

(3) Subsections (1A) , (1B) and (2) are omitted.

(4) In subsection (3) for “the said Act of 2000” substitute the Powers of Criminal Courts (Sentencing) Act 2000.

10

After section 24 there is inserted—

(24A) (1) This section applies where— (a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998 (“the 1998 Act”); and (b) but for the application of the following provisions of this section, the court would be required at that stage, by virtue of section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act to determine, in relation to the offence, whether to send the person to the Crown Court for trial (or to determine any matter, the effect of which would be to determine whether he is sent to the Crown Court for trial). (2) Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section. (3) Everything that the court is required to do under the following provisions of this section must be done with the accused person in court. (4) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused. (5) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty— (a) the court must proceed as mentioned in subsection (7) below; and (b) (in cases where the offence is one mentioned in section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000) he may be sent to the Crown Court for sentencing under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section. (6) The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty. (7) If the accused indicates that he would plead guilty, the court shall proceed as if— (a) the proceedings constituted from the beginning the summary trial of the information; and (b) section 9(1) above was complied with and he pleaded guilty under it, and, accordingly, the court shall not (and shall not be required to) proceed to make the relevant determination or to proceed further under section 51 or (as the case may be) section 51A of the 1998 Act in relation to the offence. (8) If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply. (9) If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty. (10) Subject to subsection (7) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty; (b) an indication by the accused under this section of how he would plead. (24B) (1) This section shall have effect where— (a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998; (b) but for the application of the following provisions of this section, the court would be required at that stage to make one of the determinations referred to in paragraph (b) of section 24A(1) above (“the relevant determination”); (c) the accused is represented by a legal representative; (d) the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 24A above to be conducted in his presence; and (e) the court considers that it should proceed in the absence of the accused. (2) In such a case— (a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative; (b) the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (c) if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it; (d) if the representative indicates that the accused would plead not guilty the court shall proceed to make the relevant determination and this section shall cease to apply. (3) If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty. (4) Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (b) an indication by the representative under this section of how the accused would plead. (24C) (1) A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused. (2) Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below. (24D) (1) The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice. (2) Subsection (1) above shall not be taken as authorising— (a) the summary trial of an information (other than a summary trial by virtue of section 24A(7) or 24B(2)(c) above); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices.

11

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