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

147

An offence under section 64 of that Act (sex with an adult relative: penetration).

148

An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).

149

An offence under section 66 of that Act (exposure).

150

An offence under section 67 of that Act (voyeurism).

151

An offence under section 69 of that Act (intercourse with an animal).

152

An offence under section 70 of that Act (sexual penetration of a corpse).

153

(1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

SCHEDULE 16

1

Rape.

2

Clandestine injury to women.

3

Abduction of woman or girl with intent to rape or ravish.

4

Assault with intent to rape or ravish.

5

Indecent assault.

6

Lewd, indecent or libidinous behaviour or practices.

7

Shameless indecency.

8

Sodomy.

9

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36), but only where the prohibited goods include indecent photographs of persons.

10

An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children).

11

An offence under section 52A of that Act (possession of indecent images of children).

12

An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest).

13

An offence under section 2 of that Act (intercourse with a stepchild).

14

An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).

15

An offence under section 5 of that Act (unlawful intercourse with girl under 16).

16

An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).

17

An offence under section 8 of that Act (detention of woman in brothel or other premises).

18

An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

19

An offence under subsection (5) of section 13 of that Act (homosexual offences).

20

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust).

21

An offence of—

(a) attempting, conspiring or inciting another to commit any offence specified in the preceding paragraphs, or

(b) aiding, abetting, counselling or procuring the commission of any offence specified in paragraphs 9 to 20.

22

Any offence (other than an offence specified in any of the preceding paragraphs) inferring personal violence.

SCHEDULE 17

Part 1 — Violent offences

1

Manslaughter.

2

Kidnapping.

3

Riot.

4

Affray.

5

False imprisonment.

6

An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).

7

An offence under section 16 of that Act (threats to kill).

8

An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

9

An offence under section 20 of that Act (malicious wounding).

10

An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence).

11

An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence).

12

An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm).

13

An offence under section 27 of that Act (abandoning children).

14

An offence under section 28 of that Act (causing bodily injury by explosives).

15

An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm).

16

An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

17

An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm).

18

An offence under section 32 of that Act (endangering the safety of railway passengers).

19

An offence under section 35 of that Act (injuring persons by furious driving).

20

An offence under section 37 of that Act (assaulting officer preserving wreck).

21

An offence under section 47 of that Act of assault occasioning actual bodily harm.

22

An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property).

23

An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

24

An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction).

25

An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide).

26

An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest).

27

An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children).

28

An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) (robbery or assault with intent to rob).

29

An offence under section 9 of that Act of burglary with intent to—

(a) inflict grievous bodily harm on a person, or

(b) do unlawful damage to a building or anything in it.

30

An offence under section 10 of that Act (aggravated burglary).

31

An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).

32

An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson.

33

An offence under Article 58(1) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)) (possession of firearm with intent to endanger life).

34

An offence under Article 58(2) of that Order (possession of firearm with intent to cause fear of violence).

35

An offence under Article 59(1) of that Order (use of firearm to resist arrest).

36

An offence under Article 59(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 4 to that Order).

37

An offence under Article 60 of that Order (carrying a firearm with criminal intent).

38

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

39

An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).

40

An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

41

An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

42

An offence under section 4 of that Act (offences in relation to certain dangerous articles).

43

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).

44

An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) (ill-treatment of patients).

45

An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).

46

An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).

47

An offence under section 9 of that Act (hijacking of ships).

48

An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

49

An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

50

An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

51

An offence under section 13 of that Act (offences involving threats).

52

An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

53

An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving).

54

An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

55

An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).

56

An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.).

57

An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

58

An offence under section 1 of the Female Genital Mutilation Act 2003 (c. 31) (female genital mutilation).

59

An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).

60

An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia).

61

An offence of—

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or

62

An attempt to commit murder or a conspiracy to commit murder.

Part 2 — Sexual offences

63

Rape.

64

Indecent assault upon a female.

65

An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female).

66

An offence under section 53 of that Act (abduction of woman etc.).

67

An offence under section 54 of that Act (abduction of woman by force).

68

An offence under section 55 of that Act (abduction of unmarried girl under 16 from parent or guardian).

69

An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).

70

An offence under section 3 of that Act (procurement of woman or girl by threats etc. or administering drugs).

71

An offence under section 4 of that Act (intercourse or attempted intercourse with girl under 14).

72

An offence under section 5 of that Act (intercourse or attempted intercourse with girl under 17).

73

An offence under section 6 of that Act (permitting girl under 17 to use premises for intercourse).

74

An offence under section 7 of that Act (abduction of girl under 18 from parent or guardian).

75

An offence under section 8 of that Act (unlawful detention of woman or girl in brothel etc.).

76

An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on earnings of prostitution or soliciting or importuning in a public place).

77

An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by a man).

78

An offence under section 2 of that Act (incest by a woman).

79

An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of girl under 17).

80

An offence under section 22 of that Act (indecent conduct towards child).

81

An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of burglary with intent to commit rape.

82

An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

83

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).

84

An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse).

85

An offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts).

86

An offence under Article 8 of that Order (living on earnings of male prostitution).

87

An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe mental handicap).

88

An offence under Article 123 of that Order (protection of patients).

89

An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photograph of a child).

90

An offence under section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.).

91

An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).

92

An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).

93

An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child).

94

An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act).

95

An offence under section 47 of that Act (paying for sexual services of a child).

96

An offence under section 48 of that Act (causing or inciting child prostitution or pornography).

97

An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography).

98

An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography).

99

An offence under section 52 of that Act (causing or inciting prostitution for gain).

100

An offence under section 53 of that Act (controlling prostitution for gain).

101

An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).

102

An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).

103

An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).

104

An offence under section 66 of that Act (exposure).

105

An offence under section 67 of that Act (voyeurism).

106

An offence under section 69 of that Act (intercourse with an animal).

107

An offence under section 70 of that Act (sexual penetration of a corpse).

108

An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).

109

An offence under Article 21 of that Order (indecent assault on a male).

110

An offence of—

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or

SCHEDULE 18

Release on licence

1

(1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions of licences for life prisoners), is amended as follows.

(2) In subsection (1) (licence to remain in force until death), after “life prisoner” there is inserted “ , other than a prisoner to whom section 31A below applies,/text ”.

(3) After that subsection there is inserted—

2

After that section there is inserted—

3

In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c) there is inserted—

Determination of tariffs

4

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SCHEDULE 19

Status and Capacity

1

(1) The Board is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property is not to be regarded as property of, or held on behalf of, the Crown.

(2) It is within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of—

(a) its functions under Chapter 6 of Part 12 in respect of fixed-term prisoners, and

(b) its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) in relation to life prisoners within the meaning of that Chapter.

Membership

2

(1) The Board is to consist of a chairman and not less than five other members appointed by the Secretary of State.

(2) The Board must include among its members—

(a) a person who holds or has held judicial office;

(b) a registered medical practitioner who is a psychiatrist;

(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; ...

(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders; and

(e) a person appearing to the Secretary of State to have experience of law enforcement in a part of the United Kingdom.

(2A) “Law enforcement” means the prevention, detection or investigation of offences.

(3) A member of the Board—

(a) holds and vacates office in accordance with the terms of his appointment;

(b) may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board is eligible for re-appointment.

Payments to members

3

(1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Proceedings

4

(1) Subject to the provisions of section 239(5), the arrangements relating to meetings of the Board are to be such as the Board may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.

(3) The validity of the proceedings of the Board are not to be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

5

(1) The Board may appoint such number of employees as it may determine.

(2) The remuneration and other conditions of service of the persons appointed under this paragraph are to be determined by the Board.

(3) Any determination under sub-paragraph (1) or (2) requires the approval of the Secretary of State given with the consent of the Treasury.

(4) The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Board.

6

(1) Employment with the Board shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall continue to be inserted— “ Parole Board. ”.

(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

7

(1) The Secretary of State shall pay to the Board—

(a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

(b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) are to be paid out of money provided by Parliament.

Authentication of Board’s seal

8

The application of the seal of the Board is to be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

9

Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

10

(1) It is the duty of the Board—

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

(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

(3) In this paragraph and paragraph 11 “financial year” means a period of 12 months ending with 31st March.

Reports

11

The Board must as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State must lay a copy of the report before each House of Parliament.

SCHEDULE 20

1

In this Schedule “the 1991 Act” means the Criminal Justice Act 1991 (c. 53).

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3

(1) In section 46 of the 1991 Act (persons liable to removal from the United Kingdom) in subsection (3) after paragraph (d) there is inserted

(2) Sub-paragraph (1) does not apply to any prisoner whose sentence relates to an offence committed before the commencement of this Schedule.

4

After section 46 of the 1991 Act there is inserted—

SCHEDULE 21

Interpretation

1

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2

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3

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Starting points

4

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5

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6

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7

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Aggravating and mitigating factors

8

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9

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10

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11

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12

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SCHEDULE 22

Interpretation

1

In this Schedule—

“the commencement date” means the day on which section 269 comes into force;

“the early release provisions” means the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c. 43);

“existing prisoner” means a person serving one or more mandatory life sentences passed before the commencement date (whether or not he is also serving any other sentence);

“life sentence” means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;

“mandatory life sentence” means a life sentence passed in circumstances where the sentence was fixed by law.

Existing prisoners notified by Secretary of State

2

Paragraph 3 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has before the commencement date been notified in writing by the Secretary of State (otherwise than in a notice that is expressed to be provisional) either—

(a) of a minimum period which in the view of the Secretary of State should be served before the prisoner’s release on licence, or

(b) that the Secretary of State does not intend that the prisoner should ever be released on licence.

3

(1) On the application of the existing prisoner, the High Court must, in relation to the mandatory life sentence, either—

(a) order that the early release provisions are to apply to him as soon as he has served the part of the sentence which is specified in the order, which in a case falling within paragraph 2(a) must not be greater than the notified minimum term, or

(b) in a case falling within paragraph 2(b), order that the early release provisions are not to apply to the offender.

(2) In a case falling within paragraph 2(a), no application may be made under this paragraph after the end of the notified minimum term.

(3) Where no application under this paragraph is made in a case falling within paragraph 2(a), the early release provisions apply to the prisoner in respect of the sentence as soon as he has served the notified minimum term (or, if he has served that term before the commencement date but has not been released, from the commencement date).

(4) In this paragraph “the notified minimum term” means the minimum period notified as mentioned in paragraph 2(a), or where the prisoner has been so notified on more than one occasion, the period most recently so notified.

4

(1) In dealing with an application under paragraph 3, the High Court must have regard to—

(a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it,

(b) where the court is satisfied that, if the prisoner had been sentenced to a term of imprisonment, the length of his sentence would have been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as being reduced by a particular period, the effect which that section would have had if he had been sentenced to a term of imprisonment, and

(c) the length of the notified minimum term or, where a notification falling within paragraph 2(b) has been given to the prisoner, to the fact that such a notification has been given.

(2) In considering under sub-paragraph (1) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, the High Court must have regard to—

(a) the general principles set out in Schedule 21, and

(b) any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence.

(3) In this paragraph “the notified minimum term” has the same meaning as in paragraph 3.

Existing prisoners not notified by Secretary of State

5

Paragraph 6 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has not before the commencement date been notified as mentioned in paragraph 2(a) or (b) by the Secretary of State.

6

The Secretary of State must refer the prisoner’s case to the High Court for the making by the High Court of an order under subsection (2) or (4) of section 269 in relation to the mandatory life sentence.

7

In considering under subsection (3) or (4) of section 269 the seriousness of an offence (or the combination of an offence and one or more offences associated with it) in a case referred to the High Court under paragraph 6, the High Court must have regard not only to the matters mentioned in subsection (5) of that section but also to any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence.

8

In dealing with a reference under paragraph 6, the High Court—

(a) may not make an order under subsection (2) of section 269 specifying a part of the sentence which in the opinion of the court is greater than that which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify as mentioned in paragraph 2(a), and

(b) may not make an order under subsection (4) of section 269 unless the court is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to give the prisoner a notification falling within paragraph 2(b).

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

9

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10

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Proceedings in High Court

11

(1) An application under paragraph 3 or a reference under paragraph 6 is to be determined by a single judge of the High Court without an oral hearing.

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Giving of reasons

12

(1) Where the High Court makes an order under paragraph 3(1)(a) or (b), it must state in open court, in ordinary language, its reasons for deciding on the order made.

(2) Where the order is an order under paragraph 3(1)(a) specifying a part of the sentence shorter than the notified minimum term the High Court must, in particular, state its reasons for departing from the notified minimum term.

13

Where the High Court makes an order under subsection (2) or (4) of section 269 on a reference under paragraph 6, subsection (2) of section 270 does not apply.

Right of appeal

14

(1) A person who has made an application under paragraph 3 or in respect of whom a reference has been made under paragraph 6 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the application or reference.

(2) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which sub-paragraph (1) applies.

(3) The jurisdiction conferred on the Court of Appeal by this paragraph is to be exercised by the criminal division of that court.

(4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this paragraph.

(5) In relation to appeals to the Court of Appeal or the Supreme Court under this paragraph, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Review of minimum term on reference by Attorney General

15

Section 36 of the Criminal Justice Act 1988 (c. 33) applies in relation to an order made by the High Court under paragraph 3(1)(a) as it applies in relation to an order made by the Crown Court under section 269(2).

Modification of early release provisions

16

(1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.

(2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—

(a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

(b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

(3) Any reference to the relevant part of the sentence is to be read—

(a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

(b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

(4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—

(a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

(b) in respect of which paragraph 3(3) applies.

17

In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a transferred prisoner as defined by section 273 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act.

Transferred life prisoners

18

In relation to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of the Crime (Sentences) Act 1997, this Schedule is to be read as if—

(a) any certificate under subsection (2) of that section were a notification falling within paragraph 2(a) of this Schedule, and

(b) references to any recommendation of the trial judge or the Lord Chief Justice were omitted.

SCHEDULE 23

1

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

2

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

SCHEDULE 24

1

(1) Section 70 of the Sentencing Act (requirements which may be included in action plan orders and directions) is amended as follows.

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

2

(1) Schedule 6 to the Sentencing Act (requirements which may be included in supervision orders) is amended as follows.

(2) In paragraph 1, after “6” there is inserted “ ,6A ”.

(3) After paragraph 6 there is inserted—

3

In Schedule 7 to the Sentencing Act (breach, revocation and amendment of supervision orders), in paragraph 2(1), before “or 7” there is inserted “ ,6A ”.

SCHEDULE 25

Vagrancy Act 1824 (c. 83)

1

The offence under section 3 of the Vagrancy Act 1824 (idle and disorderly persons) of causing or procuring or encouraging any child or children to wander abroad, or place himself or herself in any public place, street, highway, court, or passage, to beg or gather alms.

2

The following offences under section 4 of that Act (rogues and vagabonds)—

(a) the offence of going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence,

(b) the offence of being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose, and

(c) the offence of being apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended.

Railway Regulation Act 1842 (c. 55)

3

An offence under section 17 of the Railway Regulation Act 1842 (punishment of railway employees guilty of misconduct).

London Hackney Carriages Act 1843 (c. 86)

4

An offence under section 28 of the London Hackney Carriages Act 1843 (punishment for furious driving etc.).

Town Police Clauses Act 1847 (c. 89)

5

An offence under section 26 of the Town Police Clauses Act 1847 (unlawful release of impounded stray cattle).

6

An offence under section 28 of that Act (offences relating to obstructions and nuisances).

7

An offence under section 29 of that Act (drunken persons, etc. guilty of violent or indecent behaviour).

8

An offence under section 36 of that Act (keeping places for bear-baiting, cock-fighting etc.).

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

9

An offence under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 (making a disturbance in churches, chapels, churchyards, etc.).

Town Gardens Protection Act 1863 (c. 13)

10

An offence under section 5 of the Town Gardens Protection Act 1863 (injuring gardens).

Public Stores Act 1875 (c. 25)

11

An offence under section 8 of the Public Stores Act 1875 (sweeping, etc., near dockyards, artillery ranges, etc.).

North Sea Fisheries Act 1893 (c. 17)

12

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

13

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

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

14

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

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

15

An offence under section 3(2) of the Aliens Restriction (Amendment) Act 1919 (promoting industrial unrest).

Children and Young Persons Act 1933 (c. 12)

16

An offence under section 4 of the Children and Young Persons Act 1933 (causing or allowing persons under sixteen to be used for begging).

Protection of Animals Act 1934 (c. 21)

17

An offence under section 2 of the Protection of Animals Act 1934 (offences relating to the prohibition of certain public contests, performances, and exhibitions with animals).

Public Health Act 1936 (c. 49)

18

An offence under section 287 of the Public Health Act 1936 (power to enter premises).

Essential Commodities Reserves Act 1938 (c. 51)

19

An offence under section 4(2) of the Essential Commodities Reserves Act 1938 (enforcement).

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

20

An offence under section 142 of the London Building Acts (Amendment) Act 1939 (power of Council and others to enter buildings etc).

Cancer Act 1939 (c. 13)

21

An offence under section 4 of the Cancer Act 1939 (prohibition of certain advertisements).

Civil Defence Act 1939 (c. 31)

22

An offence under section 77 of the Civil Defence Act 1939 (penalty for false statements).

Hill Farming Act 1946 (c. 73)

23

An offence under section 19(2) or (3) of the Hill Farming Act 1946 (offences in relation to the control of rams).

Polish Resettlement Act 1947 (c. 19)

24

An offence under paragraph 7 of the Schedule to the Polish Resettlement Act 1947 (false representation or making a false statement).

Agriculture Act 1947 (c. 48)

25

An offence under section 14(7) of the Agriculture Act 1947, as remaining in force for the purposes of section 95 of that Act, (directions to secure good estate management and good husbandry).

26

An offence under section 95 of that Act (failure to comply with a direction to secure production).

Civil Defence Act 1948 (c. 5)

27

An offence under section 4 of the Civil Defence Act 1948 (powers as to land).

Agricultural Wages Act 1948 (c. 47)

28

An offence under section 12 of the Agricultural Wages Act 1948 (hindering investigation of complaints etc.).

Wireless Telegraphy Act 1949 (c. 54)

29

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

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

30

An offence under section 22(5) of the Prevention of Damage by Pests Act 1949 (wrongful disclosure of information).

Coast Protection Act 1949 (c. 74)

31

An offence under section 25(9) of the Coast Protection Act 1949 (powers of entry and inspection).

Pet Animals Act 1951 (c. 35)

32

An offence under the Pet Animals Act 1951 (offences relating to licensing of pet shops and the sale of pets), other than one under section 4 of that Act.

Cockfighting Act 1952 (c. 59)

33

An offence under section 1 of the Cockfighting Act 1952 (possession of appliances for use in fighting of domestic fowl).

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

34

An offence under the Agricultural Land (Removal of Surface Soil) Act 1953 (removal of surface soil without planning permission).

Accommodation Agencies Act 1953 (c. 23)

35

An offence under section 1 of the Accommodation Agencies Act 1953 (illegal commissions and advertisements).

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

36

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

37

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

38

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

39

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

40

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

41

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

42

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

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

Naval Discipline Act 1957 (c. 53)

50

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

51

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

Agricultural Marketing Act 1958 (c. 47)

52

An offence under section 45 of the Agricultural Marketing Act 1958 (failure to comply with demand for information or knowingly making any false statement in reply thereto).

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

53

An offence under section 12(1) of the Rivers (Prevention of Pollution) Act 1961 (restriction of disclosure of information).

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

54

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

Children and Young Persons Act 1963 (c. 37)

55

An offence under section 40 of the Children and Young Persons Act 1963 (offences relating to persons under 16 taking part in public performances etc.).

Animal Boarding Establishments Act 1963 (c. 43)

56

An offence under the Animal Boarding Establishments Act 1963 (offences in connection with the licensing and inspection of boarding establishments for animals), other than an offence under section 2 of that Act.

Agriculture and Horticulture Act 1964 (c. 28)

57

An offence under Part 3 of the Agriculture and Horticulture Act 1964 (offences relating to the grading and transport of fresh horticultural produce), other than an offence under section 15(1) of that Act.

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

58

An offence under paragraph 1(3) or 2(4) of Schedule 1 to the Emergency Laws (Re-enactments and Repeals) Act 1964 (offences relating to the production of documents).

Riding Establishments Act 1964 (c. 70)

59

An offence under the Riding Establishments Act 1964 (offences relating to the keeping of riding establishments), other than an offence under section 2(4) of that Act.

Industrial and Provident Societies Act 1965 (c. 12)

60

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

61

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

Cereals Marketing Act 1965 (c. 14)

62

An offence under section 17(1) of the Cereals Marketing Act 1965 (failure to comply with a requirement of a scheme).

Gas Act 1965 (c. 36)

63

An offence under paragraph 9 of Schedule 6 to the Gas Act 1965 (wrongful disclosure of information).

Armed Forces Act 1966 (c. 45)

64

An offence under section 8 of the Armed Forces Act 1966 (false statements on entry into Royal Navy).

Agriculture Act 1967 (c. 22)

65

An offence under section 6(9) of the Agriculture Act 1967 (compulsory use of systems of classification of carcases).

66

An offence under section 14(2) of that Act (levy schemes: requirements in relation to registration, returns and records).

67

An offence under section 69 of that Act (false statements to obtain grants etc).

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

68

An offence under section 14(2) of the Sea Fisheries (Shellfish) Act 1967 (offences relating to the deposit and importation of shellfish).

Theatres Act 1968 (c. 54)

69

An offence under section 13(1) or (2) of the Theatres Act 1968 (offences relating to licensing of premises for public performances of plays).

Theft Act 1968 (c. 60)

70

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

Agriculture Act 1970 (c. 40)

71

An offence under section 106(8) of the Agriculture Act 1970 (eradication of brucellosis: obstructing or impeding an officer in the exercise of powers to obtain information).

Breeding of Dogs Act 1973 (c. 60)

72

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

Slaughterhouses Act 1974 (c. 3)

73

An offence under section 4(5) of the Slaughterhouses Act 1974 (knacker’s yard licences and applications for such licences).

National Health Service Act 1977 (c. 49)

74

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

Magistrates' Courts Act 1980 (c. 43)

75

An offence under section 84(3) of the Magistrates' Courts Act 1980 (making of false statement as to means).

Animal Health Act 1981 (c. 22)

76

An offence under paragraph 6 of Schedule 1 to the Animal Health Act 1981 (offences relating to the manufacture of veterinary therapeutic substances).

Fisheries Act 1981 (c. 29)

77

An offence under section 5(4) of the Fisheries Act 1981 (alteration of records or furnishing false information).

Civil Aviation Act 1982 (c. 16)

78

An offence under section 82 of the Civil Aviation Act 1982 (using an aircraft for advertising, etc.).

Mental Health Act 1983 (c. 20)

79

An offence under section 103 of the Mental Health Act 1983 (wrongful disclosure of a report made by a Visitor).

80

An offence under section 129 of that Act (obstruction).

Building Act 1984 (c. 55)

81

An offence under section 96(3) of the Building Act 1984 (wrongful disclosure of information).

Surrogacy Arrangements Act 1985 (c. 49)

82

An offence under section 2 of the Surrogacy Arrangements Act 1985 (negotiating surrogacy arrangements on a commercial basis, etc.).

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

83

An offence under section 22(3), 23 or 25(3) of the Animals (Scientific Procedures) Act 1986 (false statements and offences in relation to powers of entry).

Motor Cycle Noise Act 1987 (c. 34)

84

An offence under paragraph 1 of Schedule 1 to the Motor Cycle Noise Act 1987 (supply of exhaust systems etc. not complying with prescribed requirements).

Human Organ Transplants Act 1989 (c. 31)

85

An offence under section 2 of the Human Organ Transplants Act 1989 (restrictions on organ transplants).

Town and Country Planning Act 1990 (c. 8)

86

An offence under paragraph 14(4) of Schedule 15 to the Town and Country Planning Act 1990 (wrongful disclosure of information).

Environmental Protection Act 1990 (c. 43)

87

An offence under section 118(1)(g), (h) or (i) of the Environmental Protection Act 1990 (offences relating to inspection of genetically modified organisms).

Criminal Justice Act 1991 (c. 53)

88

An offence under section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances).

Deer Act 1991 (c. 54)

89

An offence under section 10(3) of the Deer Act 1991 (offences relating to sale and purchase etc. of venison).

Water Industry Act 1991 (c. 56)

90

An offence under section 206(2) of the Water Industry Act 1991 (wrongful disclosure of information).

91

An offence that falls within paragraph 5(5) of Schedule 6 to that Act (wrongful disclosure of information).

92

An offence under section 105 of the Social Security Administration Act 1992 (failure of person to maintain himself or another).

93

An offence under section 182 of that Act (illegal possession of documents).

Local Government Finance Act 1992 (c. 14)

94

An offence under section 27(5) of the Local Government Finance Act 1992 (false statements in relation to properties).

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

95

An offence under section 240 of the Trade Union and Labour Relations (Consolidation) Act 1992 (breach of contract involving injury to persons or property).

Merchant Shipping Act 1995 (c. 21)

96

An offence under section 57 of the Merchant Shipping Act 1995 (offences relating to merchant navy uniforms).

Reserve Forces Act 1996 (c. 14)

97

An offence under section 75(5) of the Reserve Forces Act 1996 (making false statements).

98

An offence under section 82(1) of that Act (offences in connection with regulations under sections 78 and 79 of that Act).

99

An offence under section 87(1) of that Act (offences in connection with claims for payment).

100

An offence under section 99 of that Act (false pretence of illegal absence).

101

An offence under paragraph 5(1) of Schedule 1 to that Act (false answers in attestation papers).

Housing Act 1996 (c. 52)

102

An offence under paragraph 23 or 24 of Schedule 1 to the Housing Act 1996 (contravening order not to part with money etc. held on behalf of a social landlord).

Broadcasting Act 1996 (c. 55)

103

An offence under section 144 of the Broadcasting Act 1996 (providing false information in connection with licences).

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

104

An offence under section 8 or 9(6) of the Breeding and Sale of Dogs (Welfare) Act 1999 (offences relating to the sale of dogs and connected matters).

Transport Act 2000 (c. 38)

105

An offence under section 82(2) of the Transport Act 2000 (wrongful disclosure of information).

SCHEDULE 26

Railway Regulation Act 1840 (c. 97)

1

In section 16 of the Railway Regulation Act 1840 (obstructing officers or trespassing upon railway), for “one month”, there is substituted

Licensing Act 1872 (c. 94)

2

In section 12 of the Licensing Act 1872 (penalty for being found drunk), for “one month” there is substituted

Regulation of Railways Act 1889 (c. 57)

3

In section 5 of the Regulation of Railways Act 1889 (avoiding payment of fares, etc.), in subsection (3), for “three months” there is substituted

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

4

In section 2 of the Witnesses (Public Inquiries) Protection Act 1892 (persons obstructing or intimidating witnesses), for “three months” there is substituted

Licensing Act 1902 (c. 28)

5

In section 2 of the Licensing Act 1902 (penalty for being drunk while in charge of a child), in subsection (1), for “one month” there is substituted

Emergency Powers Act 1920 (c. 55)

6

In section 2 of the Emergency Powers Act 1920 (emergency regulations), in subsection (3), for “three months” there is substituted

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

7

In section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 (restriction on publication of reports of judicial proceedings), in subsection (2), for “four months” there is substituted

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

8

In section 7 of the Public Order Act 1936 (enforcement), in subsection (2), for “three months” there is substituted

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

9

In section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of films involving cruelty to animals), in subsection (3), for “three months” there is substituted

House to House Collections Act 1939 (c. 44)

10

In section 8 of the House to House Collections Act 1939, in subsection (2), for “three months” there is substituted

Fire Services Act 1947 (c. 41)

11

In section 31 of the Fire Services Act 1947 (false alarms of fire), in subsection (1), for “three months” there is substituted

National Assistance Act 1948 (c. 29)

12

(1) The National Assistance Act 1948 is amended as follows.

(2) In section 51 (failure to maintain), in subsection (3)(a) . . . , for “three months” there is substituted

(3) In section 52 (false statements), in subsection (1), for “three months” there is substituted

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

13

(1) The Docking and Nicking of Horses Act 1949 is amended as follows.

(2) In section 1 (prohibition of docking and nicking except in certain cases), in subsection (3), for “three months” there is substituted

(3) In section 2 (restriction on landing docked horses)—

(a) in subsection (3), and

(b) in subsection (4),

for “3 months” there is substituted

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

14

In section 2 of the Protection of Animals (Amendment) Act 1954 (breach of disqualification order), for “three months” there is substituted

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

15

In section 2 of the Children and Young Persons (Harmful Publications) Act 1955 (penalty for publishing certain works etc.), in subsection (1), for “four months” there is substituted

Agriculture Act 1957 (c. 57)

16

In section 7 of the Agriculture Act 1957 (penalties)—

(a) in subsection (1), for “three months” there is substituted

(b) in subsection (2), for “one month” there is substituted

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

17

In section 1 of the Animals (Cruel Poisons) Act 1962 (offences and penalties under regulations), in paragraph (b), for “three months” there is substituted

Plant Varieties and Seeds Act 1964 (c. 14)

18

In section 27 of the Plant Varieties and Seeds Act 1964 (tampering with samples), in subsection (1), for “three months” there is substituted

Agriculture Act 1967 (c. 22)

19

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

Firearms Act 1968 (c. 27)

20

(1) Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) is amended as follows.

(2) In the entry relating to section 3(6) of that Act (business and other transactions with firearms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(3) In the entry relating to section 6(3) of that Act (power to prohibit movement of arms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

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