Criminal Justice and Immigration Act 2008

• (b) at the end insert “ or the responsible officer, as the case may be. ”

• (8) In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

• (9) In subsection (4), after “(1A)” insert “ , (1D) ”.

18

In section 70(1) (interpretation)—

• (a) omit the definition of “supervision order”,

• (b) after the definition of “local authority accommodation” insert—

“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;

, and

• (c) after the definition of “youth offending team” insert—

“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);

.

19

In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Rehabilitation of Offenders Act 1974 (c. 53)

20

The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.

21

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

22

In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—

(d) in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;

.

Bail Act 1976 (c. 63)

23

In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—

• (a) omit the words “to be dealt with”, and

• (b) for paragraph (a), substitute—

(a) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or

.

Magistrates' Courts Act 1980 (c. 43)

24

In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Contempt of Court Act 1981 (c. 49)

25

In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982

26

Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

27

• (1) Paragraph 7 (transfer to England and Wales) is amended as follows.

• (2) In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

• (3) In sub-paragraph (2)(b)—

• (a) after “a community order” insert “ or a youth rehabilitation order ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (4) In sub-paragraph (3)—

• (a) for “A community service order” substitute “ An adult community service order ”, and

• (b) in paragraph (b)—

• (i) omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

• (ii) for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

• (5) After sub-paragraph (3) insert—

(4) A youth community service order made or amended in accordance with this paragraph shall— (a) specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and (b) require— (i) the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or (ii) a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force, to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008. (5) The person appointed under sub-paragraph (4)(b) must be— (a) where the appointment is made by a local probation board, an officer of that board; (b) where the appointment is made by a provider of probation services, an officer of that provider; (c) where the appointment is made by a youth offending team, a member of that team.

28

• (1) Paragraph 9 (general provision) is amended as follows.

• (2) In sub-paragraph (3)—

• (a) in paragraph (a)—

• (i) for “a community service order” substitute “ an adult community service order ”;

• (ii) omit “under section 177 of the Criminal Justice Act 2003”;

• (iii) for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

• (b) before “and” at the end of that paragraph insert—

(aa) a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;

.

• (3) In sub-paragraph (4)(a)—

• (a) after “community orders” insert “ or youth rehabilitation orders ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (4) In sub-paragraph (5)—

• (a) after “community order” insert “ or youth rehabilitation order ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (5) In sub-paragraph (6)—

• (a) after “community orders” insert “ or youth rehabilitation orders ”,

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

• (c) in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

29

After that paragraph insert—

(10) In paragraphs 7 and 9 above— - “adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made; - “community order” means an order made under section 177 of the Criminal Justice Act 2003; - “youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made; - “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Mental Health Act 1983 (c. 20)

30

In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

• (a) in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

• (b) in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Child Abduction Act 1984 (c. 37)

31

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

• (a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

• (b) in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Prosecution of Offences Act 1985 (c. 23)

32

• (1) Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.

• (2) In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

• (3) After subsection (3B) insert—

(3C) For the purposes of subsection (3B)(b)(i)— - “community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003; - “mental health treatment requirement” means— 1. in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and 2. in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008; - “youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.

Children Act 1989 (c. 41)

33

The Children Act 1989 has effect subject to the following amendments.

34

• (1) Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.

• (2) In subsection (2)(c)—

• (a) in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

• (b) for sub-paragraph (ii), substitute—

(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or (iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,

.

• (3) After subsection (2) insert—

(2A) In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)— - “local authority residence requirement”; - “youth rehabilitation order”; - “youth rehabilitation order with fostering”.

35

In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—

(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or

.

36

In section 105(6) (interpretation)—

• (a) in paragraph (b), omit from the words “or an” to the end of the paragraph, and

• (b) after that paragraph insert—

(ba) in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or

.

37

• (1) Part 3 of Schedule 3 (education supervision orders) is amended as follows.

• (2) In paragraph 13(2), for paragraph (c) substitute—

(c) a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);

.

• (3) In paragraph 14—

• (a) in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

• (b) in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

38

In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—

(a) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;

.

Criminal Justice Act 1991 (c. 53)

39

Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

40

• (1) Paragraph 10 is amended as follows.

• (2) In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute

— (i) the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or (ii) a youth offending team established by a local authority for the area in which he resides or will reside,

, and

• (3) In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute

— (i) an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or (ii) a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;

.

41

• (1) Paragraph 11 is amended as follows.

• (2) In sub-paragraph (2)—

• (a) for “a probation order” substitute “ an adult probation order ”,

• (b) in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

• (c) in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

• (3) After that sub-paragraph insert—

(2A) Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph— (a) the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and (b) the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.

• (4) In sub-paragraph (3)—

• (a) for paragraph (a) substitute—

(a) the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;

;

• (b) in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

• (5) In sub-paragraph (4)—

• (a) after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

• (b) omit “under section 177 of the Criminal Justice Act 2003”, and

• (c) for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

• (6) In sub-paragraph (5)—

• (a) after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

• (b) for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

• (c) in paragraph (b) for the words from “of the” to “board” substitute

of— (i) the offender, or (ii) the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),

.

• (7) In sub-paragraph (8)—

• (a) after “In this paragraph” insert—

“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made; “community order” means an order made under section 177 of the Criminal Justice Act 2003;

;

• (b) at the end insert—

“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made; “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

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

42

In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.

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

43

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

44

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

45

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

46

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

Education Act 1996 (c. 56)

47

In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

Crime and Disorder Act 1998 (c. 37)

48

The Crime and Disorder Act 1998 has effect subject to the following amendments.

49

In section 38(4) (local provision of youth justice services)—

• (a) in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,

• (b) after paragraph (f) insert—

(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); (fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);

,

• (c) omit paragraph (g), and

• (d) in paragraph (h), omit “or a supervision order”.

50

In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.

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

51

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

52

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

53

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

54

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

55

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

56

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

57

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

58

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

59

In section 159 (execution of process between England and Wales and Scotland)—

• (a) after “Schedule 1 to this Act,” insert “ or ”,

• (b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

• (c) omit “paragraph 1(1) of Schedule 5 to this Act”, and

• (d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.

60

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

61

In section 163 (general definitions)—

• (a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

• (b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

• (c) at the end add—

“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.

62

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

63

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

64

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

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

65

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

66

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

67

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

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

68

The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.

69

In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.

70

In section 70 (interpretation, etc.) omit subsection (5).

Criminal Justice Act 2003 (c. 44)

71

Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.

72

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

73

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

74

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

75

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

76

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

77

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

78

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

79

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

80

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

81

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

82

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

83

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

84

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

85

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

86

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

87

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

88

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

89

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

90

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

91

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

92

In section 221(2) (provision of attendance centres)—

• (a) omit “or” at the end of paragraph (a),

• (b) after that paragraph insert—

(aa) attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,

, and

• (c) omit paragraph (b).

93

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

94

Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).

95

In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).

96

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

97

Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).

Violent Crime Reduction Act 2006 (c. 38)

98

In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—

(b) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;

.

Offender Management Act 2007 (c. 21)

99

In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—

• (a) after paragraph (a) insert—

(aa) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);

, and

• (b) after paragraph (b) insert—

(c) a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)

.

Part 2 — Related amendments

Children and Young Persons Act 1933 (c. 12)

100

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

Children and Young Persons Act 1969 (c. 54)

101

• (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

• (2) In subsection (1A)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,

• (b) in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

• (3) In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

• (b) in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

Bail Act 1976 (c. 63)

102

In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—

(za) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court), (zb) Schedule 8 to that Act (breach of reparation order),

.

Magistrates' Courts Act 1980 (c. 43)

103

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

Child Abduction Act 1984 (c. 37)

104

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

• (b) in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Children Act 1989 (c. 41)

105

In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—

(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);

.

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

106

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

107

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

108

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

Criminal Justice Act 2003 (c. 44)

109

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

SCHEDULE 5

SCHEDULE 6

1

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

2

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

SCHEDULE 7

General

1

Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.

Unpaid work requirement

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—

(a) not less than 20, and (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £200	40
An amount exceeding £200 but not exceeding £500	60
An amount exceeding £500	100

.

• (3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

Attendance centre requirement

3

• (1) In its application to a youth default order, paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.

• (2) Sub-paragraph (3) has effect as if—

• (a) in paragraph (a), for the words following “conviction” there were substituted

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

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24

,

• (b) in paragraph (b), for the words following “conviction” there were substituted

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

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24

,

• (c) in paragraph (c), for “must not be more than 12” there were substituted

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

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	10
An amount exceeding £500	12

.

Curfew requirement

4

• (1) In its application to a youth default order, paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.

• (2) That paragraph has effect as if after sub-paragraph (4) there were inserted—

(4A) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

Amount	Number of days
An amount not exceeding £200	20
An amount exceeding £200 but not exceeding £500	30
An amount exceeding £500 but not exceeding £1,000	60
An amount exceeding £1,000 but not exceeding £2,000	90
An amount exceeding £2,000	180

.

Enforcement, revocation and amendment of youth default order

5

• (1) In its application to a youth default order, Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.

• (2) Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.

• (3) Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.

• (4) Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.

• (5) The following provisions are omitted—

• (a) in paragraph 6—

• (i) sub-paragraph (5)(a),

• (ii) the words “add or” in sub-paragraph (5)(b), and

• (iii) sub-paragraph (11);

• (b) paragraph 9;

• (c) paragraph 11;

• (d) paragraph 12(8);

• (e) paragraph 21(6);

• (f) paragraph 23(2)(b).

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

6

The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of youth default order to Northern Ireland

7

• (1) In its application to a youth default order, Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.

• (2) Paragraph 15 has effect as if, after sub-paragraph (2) there were inserted—

(3) Nothing in sub-paragraph (1) affects the application of section 39(7) of the Criminal Justice and Immigration Act 2008 to a youth default order made or amended in accordance with Part 1 of this Schedule.

• (3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

(5A) The home court may not impose a fine on the offender.

SCHEDULE 8

Part 1 — Amendments of Criminal Appeal Act 1968

1

The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

2

In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the conviction, ”.

3

In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—

• (a) after “if” insert “ , within 28 days from the date on which the sentence was passed, ”, and

• (b) for “the sentence” substitute “ it ”.

4

In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the verdict, ”.

5

In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the accused did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

6

• (1) Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.

• (2) For the heading substitute “ Power to re-sentence where appellant remains convicted of related offences ”.

• (3) For subsection (1) substitute—

(1) This section applies where— (a) two or more related sentences are passed, (b) the Court of Appeal allow an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but (c) the appellant remains convicted of one or more of those offences.

• (4) In subsection (2)—

• (a) for “in respect of any count on which the appellant remains convicted” substitute “ in respect of any related offence of which the appellant remains convicted ”, and

• (b) omit “for the offence of which he remains convicted on that count”.

• (5) In subsection (3)—

• (a) for “on the indictment as a whole” substitute “ (taken as a whole) for all the related offences of which he remains convicted ”, and

• (b) for “for all offences of which he was convicted on the indictment” substitute “ for all the related offences ”.

• (6) After subsection (3) insert—

(4) For the purposes of subsection (1)(a), two or more sentences are related if— (a) they are passed on the same day, (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, or (c) they are passed on different days but in respect of counts on the same indictment. (5) Where— (a) two or more sentences are related to each other by virtue of subsection (4)(a) or (b), and (b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (4)(c), all the sentences are to be treated as related for the purposes of subsection (1)(a).

Interim hospital orders

7

The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—

• (a) section 6(5) and the definition of interim hospital order in section 6(7),

• (b) section 11(6),

• (c) section 14(5) and the definition of interim hospital order in section 14(7), and

• (d) section 16B(3).

8

Before section 31 (but after the cross-heading preceding it) insert—

(30A) (1) This section applies where the Court of Appeal— (a) make an interim hospital order by virtue of any provision of this Part, or (b) renew an interim hospital order so made. (2) The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

9

In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—

(2ZA) The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.

Evidence

10

• (1) Section 23 (evidence) is amended as follows.

• (2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (3) In that subsection, for paragraph (b) substitute—

(b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and

.

• (4) After subsection (1) insert—

(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to— (a) the Court; (b) the appellant; (c) the respondent.

• (5) In subsection (4) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (6) After subsection (5) insert—

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

Powers of single judge

11

• (1) Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.

• (2) In the heading, omit “under Part 1”.

• (3) After subsection (2C) insert—

(2D) The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court. (2E) The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.

Appeals against procedural directions

12

In section 31C (appeals against procedural directions), omit subsections (1) and (2).

Detention of defendant pending appeal to Supreme Court

13

• (1) Section 37 (detention of defendant on appeal by Crown) is amended as follows.

• (2) In subsection (2) for the words from “may make” to the end substitute

shall make— (a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or (b) an order that he be released without bail.

• (3) After subsection (2) insert—

(2A) The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (3) for “this section” substitute “ subsection (2)(a) ”.

• (5) In subsection (4) for “this section” (in each place where it occurs) substitute “ subsection (2)(a) ”.

• (6) In subsection (4A) for “this section” (in the first place where it occurs) substitute “ subsection (2)(a) ”.

• (7) For subsection (5) substitute—

(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the Court of Appeal have made an order under subsection (2)(b), or (b) the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).

Part 2 — Amendments of Criminal Appeal (Northern Ireland) Act 1980

14

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

15

In section 1 (appeal against conviction), in paragraph (b) after “if” insert “ , within 28 days from the date of the conviction, ”.

16

In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the finding, ”.

17

In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the person did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

18

• (1) Section 4 (alteration of sentence on appeal against conviction) is amended as follows.

• (2) For subsection (1) substitute—

(1) Subsection (1A) applies where— (a) two or more related sentences are passed, (b) the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but (c) the appellant remains convicted of one or more of those offences. (1A) The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.

• (3) After subsection (2) insert—

(3) For the purposes of subsection (1)(a), two or more sentences are related if— (a) they are passed on the same day, (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, or (c) they are passed on different days but in respect of counts on the same indictment. (4) Where— (a) two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and (b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c), all the sentences are to be treated as related for the purposes of subsection (1)(a).

Interim hospital orders

19

Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.

20

• (1) For the cross-heading preceding section 30 substitute— “ Supplementary ”.

• (2) Before section 30 (but after the cross-heading preceding it) insert—

(29A) (1) This section applies where the Court of Appeal— (a) makes an interim hospital order by virtue of any provision of this Part, or (b) renews an interim hospital order so made. (2) The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.

21

In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—

(3ZA) The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court.

Evidence

22

• (1) Section 25 (evidence) is amended as follows.

• (2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (3) In that subsection, for paragraph (b) substitute—

(b) order any witness to attend and be examined before the Court (whether or not he was called at the trial); and

.

• (4) After subsection (1) insert—

(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to— (a) the Court; (b) the appellant; (c) the respondent.

• (5) After subsection (3) insert—

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

23

In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

Detention of defendant pending appeal to Supreme Court

24

• (1) Section 36 (detention of defendant on appeal by Crown) is amended as follows.

• (2) In subsection (1) for the words from “may make” to the end substitute

shall make— (a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or (b) an order that he be released without bail.

• (3) After subsection (1) insert—

(1A) The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (2) for “subsection (1)” substitute “ subsection (1)(a) ”.

• (5) In subsection (3) for “this section” (in each place where it occurs) substitute “ subsection (1)(a) ”.

• (6) In subsection (3A) for “this section” (in the first place where it occurs) substitute “ subsection (1)(a) ”.

• (7) For subsection (4) substitute—

(4) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the Court of Appeal has made an order under subsection (1)(b), or (b) the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).

Powers of single judge

25

• (1) Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.

• (2) After subsection (3C) insert—

(3D) The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.

Part 3 — Amendments of other Acts

Detention of defendant pending appeal from High Court to Supreme Court

26

• (1) Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows.

• (2) In subsection (1) for the words from “may make” to the end substitute

shall make— (a) an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or (b) an order that the defendant be released without bail.

• (3) After subsection (1) insert—

(1A) The court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (3) for “subsection (1)” substitute “ subsection (1)(a) ”.

• (5) In subsection (4) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

• (6) In subsection (4A) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

• (7) For subsection (5) substitute—

(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the court has made an order under subsection (1)(b), or (b) the court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).

Variation of sentences by Crown Court

27

• (1) Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows.

• (2) In subsection (2)—

• (a) for “28 days” substitute “ 56 days ”, and

• (b) omit the words from “or, where subsection (3) applies,” to the end.

• (3) After subsection (2) insert—

(2A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.

• (4) Subsection (3) is omitted.

28

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

SCHEDULE 9

1

The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.

2

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

3

After section 66 insert—

(66A) (1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if— (a) the offender has not previously been convicted of an offence, and (b) each of the five requirements in section 66B is satisfied. (2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply. (3) The conditions which may be attached to such a caution are those which have one or more of the following objects— (a) facilitating the rehabilitation of the offender; (b) ensuring that the offender makes reparation for the offence; (c) punishing the offender. (4) The conditions that may be attached to a youth conditional caution include— (a) (subject to section 66C) a condition that the offender pay a financial penalty; (b) a condition that the offender attend at a specified place at specified times. “Specified” means specified by a relevant prosecutor. (5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation. (6) The Secretary of State may by order amend subsection (5) by substituting a different figure. (7) In this section, “authorised person” means— (a) a constable, (b) an investigating officer, or (c) a person authorised by a relevant prosecutor for the purposes of this section. (66B) (1) The first requirement is that the authorised person has evidence that the offender has committed an offence. (2) The second requirement is that a relevant prosecutor decides— (a) that there is sufficient evidence to charge the offender with the offence, and (b) that a youth conditional caution should be given to the offender in respect of the offence. (3) The third requirement is that the offender admits to the authorised person that he committed the offence. (4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence. (5) If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult. (6) The fifth requirement is that the offender signs a document which contains— (a) details of the offence, (b) an admission by him that he committed the offence, (c) his consent to being given the youth conditional caution, and (d) the conditions attached to the caution. (66C) (1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State. (2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a). (3) The amount that may be prescribed in respect of any offence must not exceed £100. (4) The Secretary of State may by order amend subsection (3) by substituting a different figure. (5) Where a financial penalty condition is attached to a youth conditional caution, a relevant prosecutor must also specify— (a) the amount of the penalty, and (b) the person to whom the financial penalty is to be paid and how it may be paid. (6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b). (7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer. (66D) A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a youth conditional caution by— (a) modifying or omitting any of the conditions; (b) adding a condition. (66E) (1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question. (2) The document mentioned in section 66B(6) is to be admissible in such proceedings. (3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect. (4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act). (5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act). (66F) Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted— (a) may not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and (b) where it does make such an order, must state in open court that it is of that opinion and why it is. (66G) (1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions. (2) The code may, in particular, make provision as to— (a) the circumstances in which youth conditional cautions may be given, (b) the procedure to be followed in connection with the giving of such cautions, (c) the conditions which may be attached to such cautions and the time for which they may have effect, (d) the category of constable or investigating officer by whom such cautions may be given, (e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A, (f) the form which such cautions are to take and the manner in which they are to be given and recorded, (g) the places where such cautions may be given, (h) the provision which may be made by a relevant prosecutor under section 66C(5)(b), (i) the monitoring of compliance with conditions attached to such cautions, (j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4), (k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5). (3) After preparing a draft of the code the Secretary of State— (a) must publish the draft, (b) must consider any representations made to him about the draft, and (c) may amend the draft accordingly, but he may not publish or amend the draft without the consent of the Attorney General. (4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament. (5) When he has done so he may bring the code into force by order. (6) The Secretary of State may from time to time revise a code of practice brought into force under this section. (7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code. (66H) In this Chapter— (a) “appropriate adult” has the meaning given by section 65(7); (b) “authorised person” has the meaning given by section 66A(7); (c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30); (d) “the offender” has the meaning given by section 66A(1); (e) “relevant prosecutor” means— (i) the Attorney General, (ii) the Director of the Serious Fraud Office, (iii) the Director of Revenue and Customs Prosecutions, (iv) the Director of Public Prosecutions, (v) the Secretary of State, or (vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter; (f) “youth conditional caution” has the meaning given by section 66A(2).

4

• (1) Section 114 (orders and regulations) is amended as follows.

• (2) In subsection (2) (which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “ 10(6), 66C(1) or 66H(e)(vi) ”.

• (3) After subsection (2) insert—

(2A) Subsection (2) also applies to a statutory instrument containing— (a) an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or (b) an order under section 66G(5) other than the first such order.

• (4) In subsection (3) (which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “ , 66A(6) ”.

• (5) After subsection (3) insert—

(3A) Subsection (3) also applies to— (a) an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and (b) the first order under section 66G(5).

SCHEDULE 10

1

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

2

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

3

After section 8 (defamation actions) there is inserted—

(8A) (1) Schedule 2 to this Act (protection for spent cautions) shall have effect. (2) In this Act “caution” means— (a) a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons); (b) any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted; (c) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18); (d) anything corresponding to a caution, reprimand or warning falling within paragraphs (a) to (c) (however described) which is given to a person in respect of an offence under the law of a country outside England and Wales.

4

After section 9 (unauthorised disclosure of spent convictions) insert—

(9A) (1) In this section— (a) “official record” means a record which— (i) contains information about persons given a caution for any offence or offences; and (ii) is kept for the purposes of its functions by any court, police force, Government department or other public authority in England and Wales; (b) “caution information” means information imputing that a named or otherwise identifiable living person (“the named person”) has committed, been charged with or prosecuted or cautioned for any offence which is the subject of a spent caution; and (c) “relevant person” means any person who, in the course of his official duties (anywhere in the United Kingdom), has or at any time has had custody of or access to any official record or the information contained in it. (2) Subject to the terms of any order made under subsection (5), a relevant person shall be guilty of an offence if, knowing or having reasonable cause to suspect that any caution information he has obtained in the course of his official duties is caution information, he discloses it, otherwise than in the course of those duties, to another person. (3) In any proceedings for an offence under subsection (2) it shall be a defence for the defendant to show that the disclosure was made— (a) to the named person or to another person at the express request of the named person; (b) to a person whom he reasonably believed to be the named person or to another person at the express request of a person whom he reasonably believed to be the named person. (4) Any person who obtains any caution information from any official record by means of any fraud, dishonesty or bribe shall be guilty of an offence. (5) The Secretary of State may by order make such provision as appears to him to be appropriate for excepting the disclosure of caution information derived from an official record from the provisions of subsection (2) in such cases or classes of case as may be specified in the order. (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (7) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both. (8) Proceedings for an offence under subsection (2) shall not be instituted except by or on behalf of the Director of Public Prosecutions.

5

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6

After that Schedule insert—

SCHEDULE 2 (1) (1) For the purposes of this Schedule a caution shall be regarded as a spent caution— (a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution; (b) in any other case, at the time the caution is given. (2) In sub-paragraph (1)(a) “the relevant period for the caution” means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given. (3) If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given— (a) the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and (b) if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence. (2) (1) In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following— (a) the offence which was the subject of the caution or the conduct constituting that offence; (b) any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution); (c) any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end); (d) any judicial review proceedings relating to the caution; (e) in the case of a warning under section 65 of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section 66(2) of that Act; (f) in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions. (2) Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned. (3) In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4. (3) (1) A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary— (a) no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and (b) a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary circumstances. (2) Nothing in sub-paragraph (1) applies in relation to any proceedings for the offence which are not part of the ancillary circumstances relating to the caution. (3) Where a question seeking information with respect to a person's previous cautions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority— (a) the question shall be treated as not relating to spent cautions or to any ancillary circumstances, and the answer may be framed accordingly; and (b) the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent caution or any ancillary circumstances in his answer to the question. (4) Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent caution or any ancillary circumstances (whether the caution is his own or another's). (5) A caution which has become spent or any ancillary circumstances, or any failure to disclose such a caution or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment. (6) This paragraph has effect subject to paragraphs 4 to 6. (4) The Secretary of State may by order— (a) make provision for excluding or modifying the application of either or both of paragraphs (a) or (b) of paragraph 3(3) in relation to questions put in such circumstances as may be specified in the order; (b) provide for exceptions from the provisions of sub-paragraphs (4) and (5) of paragraph 3, in such cases or classes of case, and in relation to cautions of such a description, as may be specified in the order. (5) Nothing in paragraph 3 affects— (a) the operation of the caution in question; or (b) the operation of any enactment by virtue of which, in consequence of any caution, a person is subject to any disqualification, disability, prohibition or other restriction or effect, the period of which extends beyond the rehabilitation period applicable to the caution. (6) (1) Section 7(2), (3) and (4) apply for the purposes of this Schedule as follows. (2) Subsection (2) (apart from paragraphs (b) and (d)) applies to the determination of any issue, and the admission or requirement of any evidence, relating to a person's previous cautions or to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto. (3) Subsection (3) applies to evidence of a person's previous cautions and ancillary circumstances as it applies to evidence of a person's convictions and the circumstances ancillary thereto; and for this purpose subsection (3) shall have effect as if— (a) any reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph; and (b) the words “or proceedings to which section 8 below applies” were omitted. (4) Subsection (4) applies for the purpose of excluding the application of paragraph 3(1); and for that purpose subsection (4) shall have effect as if the words “(other than proceedings to which section 8 below applies)” were omitted. (5) References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3(1).

SCHEDULE 11

1

The Bail Act 1976 (c. 63) has effect subject to the following amendments.

2

In section 3 (general provisions) for subsection (6ZAA) substitute—

(6ZAA) The requirements which may be imposed under subsection (6) include electronic monitoring requirements. The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases). (6ZAB) In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.

3

• (1) Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.

• (2) In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “ Conditions for the imposition of electronic monitoring requirements: children and young persons ”.

• (3) For subsection (1) substitute—