Criminal Justice and Immigration Act 2008

• (1) Section 50 (regulations for police forces) is amended as follows.

• (2) For subsection (3) substitute—

(3) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.

• (3) In subsection (4) omit “, subject to subsection (3)(b),”.

Regulations for special constables

4

• (1) Section 51 (regulations for special constables) is amended as follows.

• (2) In subsection (2)(ba) (conduct of special constables) after “conduct” insert “ , efficiency and effectiveness ”.

• (3) After subsection (2) insert—

(2A) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.

Police Federations

5

In section 59(3) (representation only by another member of a police force except in certain circumstances) for “provided by” substitute “ provided in regulations made in accordance with ”.

Police Advisory Board

6

• (1) Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows.

• (2) In paragraph (a), for “regulations under section 50 or 52” substitute “ regulations or rules under section 50, 52, 84 or 85 ”.

• (3) After “a draft of the regulations” insert “ or rules ”.

Representation at disciplinary and other proceedings

7

For section 84 substitute—

(84) (1) The Secretary of State shall by regulations make provision for or in connection with— (a) enabling the officer concerned or a relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A); (b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons. (2) Regulations under this section may in particular make provision— (a) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be legally represented (by a relevant lawyer); (b) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons; (c) for securing that— (i) a relevant authority may be legally represented, and (ii) the panel conducting the proceedings may receive advice from a relevant lawyer, whether or not the officer concerned is legally represented. (3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision— (a) for securing that the officer is notified of his right to such representation; (b) specifying when the officer is to be so notified; (c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation. (4) In this section— - “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable to whom the proceedings relate; - “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings; - “prescribed” means prescribed by regulations under this section; - “relevant authority” means— 1. where the officer concerned is a member of a police force (other than a senior officer), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable; 2. where the officer concerned is a senior officer, the police authority for the police force of which the officer is a member; - “relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act); - “senior officer” means a member of a police force holding a rank above that of chief superintendent. (5) But in prescribed circumstances “relevant authority” also includes the Independent Police Complaints Commission. (6) Regulations under this section may make different provision for different cases and circumstances. (7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008. (9) A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Appeals against dismissal etc.

8

• (1) Section 85 (appeals against dismissal etc.) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable may appeal to a police appeals tribunal. (2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.

• (3) For subsection (4) substitute—

(4) Rules made under this section may, in particular, make provision— (a) for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing; (b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented— (i) by a relevant lawyer within the meaning of section 84, or (ii) by a person who falls within any description of persons prescribed by the rules; (c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents, and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules. (4A) Rules under this section may make different provision for different cases and circumstances.

• (4) For subsection (5) substitute—

(5) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5A) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Guidance concerning disciplinary proceedings etc.

9

• (1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State may issue relevant guidance to— (a) police authorities, (b) chief officers of police, (c) other members of police forces, (d) special constables, and (e) persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority. (1ZA) “Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).

• (3) In subsection (1A), after “section 50” insert “ or 51 ”.

• (4) In subsection (5), after “section 50” insert “ or 51 ”.

Police officers engaged on service outside their force

10

• (1) Section 97 (police officers engaged on service outside their force) is amended as follows.

• (2) In subsection (6)—

• (a) in paragraph (b), omit “or is required to resign as an alternative to dismissal”;

• (b) in paragraph (c), omit “or is required to resign as an alternative to dismissal”.

• (3) In subsection (7), omit “, or required to resign as an alternative to dismissal,”.

Police Appeals Tribunals

11

• (1) Schedule 6 (appeals to police appeals tribunals) is amended as follows.

• (2) In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—

(b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and (c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.

• (3) In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—

(1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom— (a) one shall be a person chosen from the list referred to in paragraph 1(1)(a), (b) one shall be a senior officer, (c) one shall be a member of the relevant police authority, and (d) one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.

• (4) Omit paragraph 6 (hearings).

• (5) In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

(1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— (a) by way of substitution for the decision appealed against, and (b) as from the date of that decision.

• (6) In paragraph 10 (interpretation)—

• (a) for sub-paragraph (b) substitute—

(b) “the relevant police authority” means the police authority which maintains— (i) the police force of which the appellant is a member, or (ii) the police force for the area for which the appellant is appointed as a special constable, as the case may be.

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

Part 2 — Amendments of Ministry of Defence Police Act 1987

12

The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.

Defence Police Federation

13

In section 3(4) (representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “ as provided in regulations made under ”.

Regulations relating to disciplinary matters

14

• (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State may make regulations with respect to— (a) the conduct of members of the Ministry of Defence Police and the maintenance of discipline; (b) the suspension from duty of members of the Ministry of Defence Police. (1A) Without prejudice to the powers conferred by subsection (1), regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.

• (3) For subsection (2) substitute—

(2) The regulations may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by— (a) a person appointed in accordance with the regulations; or (b) the Ministry of Defence Police Committee.

Representation etc. at disciplinary proceedings

15

For section 4 substitute—

(4) (1) The Secretary of State shall by regulations make provision for or in connection with— (a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A; (b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons. (2) Regulations under this section may in particular make provision— (a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer; (b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons; (c) for securing that— (i) the relevant authority may be legally represented, and (ii) the panel conducting the proceedings may receive advice from a relevant lawyer, whether or not the officer concerned is legally represented. (3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision— (a) for securing that the officer is notified of his right to such representation; (b) specifying when the officer is to be so notified; (c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation. (4) In this section— - “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of the Ministry of Defence Police to whom the proceedings relate; - “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings; - “prescribed” means prescribed by regulations under this section; - “relevant authority” means— 1. where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police; 2. where the officer concerned is a senior officer, the Ministry of Defence Police Committee; - “relevant lawyer” means— 1. in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and 2. in relation to Scotland or Northern Ireland, counsel or a solicitor; - “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent. (5) But in prescribed circumstances “relevant authority” also includes— (a) in relation to England and Wales, the Independent Police Complaints Commission; (b) in relation to Scotland, the Police Complaints Commissioner for Scotland; (c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland. (6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008. (8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Appeals against dismissal etc.

16

For section 4A substitute—

(4A) (1) The Secretary of State shall by regulations— (a) make provision specifying the cases in which a member of the Ministry of Defence Police may appeal to a police appeals tribunal; (b) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police (Scotland) Act 1967 (c. 77). (2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against. (3) The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section. (4) Regulations under this section may, in particular, make provision— (a) for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing; (b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented— (i) by a relevant lawyer, or (ii) by a person who falls within any description of persons prescribed by the regulations; (c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents, and regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations. (5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (7) In this section— - “police appeals tribunal” means a tribunal constituted in accordance with regulations under this section; - “relevant lawyer” has the same meaning as in section 4.

Part 3 — Amendments of Railways and Transport Safety Act 2003

17

The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.

Police regulations: general

18

• (1) Section 36 (police regulations: general) is amended as follows.

• (2) In subsection (1) (power to make regulations about constables) after “conditions” insert “ of service ”.

• (3) For subsection (2) substitute—

(2) The Authority shall also make regulations similar to the provision made by and under— (a) sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and (b) Schedule 6 to that Act (appeals to police appeals tribunals).

Police regulations: special constables

19

After section 37(1) (power to make regulations about special constables) insert—

(1A) The Authority shall also make regulations similar to the provision made by and under— (a) sections 84 and 85 of the Police Act 1996 (representation etc. at disciplinary and other proceedings, and appeal), and (b) Schedule 6 to that Act (appeals to police appeals tribunals).

Police regulations by Secretary of State

20

For section 42(3) substitute—

(3) If regulations under this section make provision for a matter specified in section 50(3) or section 51(2A) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under— (a) sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and (b) Schedule 6 to that Act (appeals to police appeals tribunals).

Regulations: further appeal

21

Omit section 43 (regulations: further appeal).

SCHEDULE 23

1

The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.

2

In section 23(2) (regulations) after paragraph (q) insert—

(r) for enabling representations on behalf of a person to whose conduct an investigation relates to be made to the Commission by a person who is not that person's legal representative but is of a description specified in the regulations.

3

Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.

4

In paragraph 6(4) (handling of complaints by appropriate authority: use of local resolution procedures) in each of paragraphs (a)(ii) and (b)(ii), for the words from “, a requirement to resign” to the end substitute “ or the giving of a final written warning. ”

5

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7

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8

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10

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11

• (1) Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows.

• (2) In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit the words from “(and the other provisions” to the end.

• (3) After sub-paragraph (5) insert—

(6) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)— (a) the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) continue the investigation as if appointed or designated to investigate the conduct matter, and (b) the other provisions of this Schedule shall apply in relation to that matter accordingly.

12

• (1) Paragraph 22 (final reports on investigations) is amended as follows.

• (2) In sub-paragraph (1) (cases where paragraph 22 applies)—

• (a) after paragraph (a) insert “ or ”;

• (b) omit paragraph (c).

• (3) In sub-paragraph (4) (meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “ a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5) ”.

• (4) At the end insert—

(7) The Secretary of State may by regulations make provision requiring a report on an investigation within paragraph 19C(1)(a) or (b)— (a) to include such matters as are specified in the regulations; (b) to be accompanied by such documents or other items as are so specified. (8) A person who has submitted a report under this paragraph on an investigation within paragraph 19C(1)(a) or (b) must supply the appropriate authority with such copies of further documents or other items in that person's possession as the authority may request. (9) The appropriate authority may only make a request under sub-paragraph (8) in respect of a copy of a document or other item if the authority— (a) considers that the document or item is of relevance to the investigation, and (b) requires a copy of the document or the item for either or both of the purposes mentioned in sub-paragraph (10). (10) Those purposes are— (a) complying with any obligation under regulations under section 50(3) or 51(2A) of the 1996 Act which the authority has in relation to any person to whose conduct the investigation related; (b) ensuring that any such person receives a fair hearing at any disciplinary proceedings in respect of any such conduct of his.

13

• (1) Paragraph 23 (action by Commission in response to investigation report) is amended as follows.

• (2) In sub-paragraph (2) (action to be taken on receipt of report)—

• (a) for paragraph (b) substitute—

(b) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

;

• (b) in paragraph (c), for “the report does so indicate” substitute “ those conditions are so satisfied ”;

• (c) in paragraph (d), after “appropriate authority” insert “ and the persons mentioned in sub-paragraph (5) ”.

• (3) After sub-paragraph (2) insert—

(2A) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. (2B) The second condition is that— (a) the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or (b) any matters dealt with in the report fall within any prescribed category of matters.

• (4) In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

• (1) Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows.

• (2) In sub-paragraph (2) (action to be taken on receipt of report)—

• (a) for paragraph (a) substitute—

(a) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;

;

• (b) in paragraph (b), for “the report does so indicate” substitute “ those conditions are so satisfied ”;

• (c) after paragraph (b) insert

and (c) shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).

• (3) After sub-paragraph (2) insert—

(2A) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related. (2B) The second condition is that— (a) the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or (b) any matters dealt with in the report fall within any prescribed category of matters.

• (4) In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.

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

• (6) For sub-paragraph (6) substitute—

(6) On receipt of the report or (as the case may be) copy, the appropriate authority shall also— (a) in accordance with regulations under section 50 or 51 of the 1996 Act, determine— (i) whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and (ii) what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and (b) determine what other action (if any) the authority will in its discretion take in respect of those matters.

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

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

15

In paragraph 24A(2) (final reports on investigations into other DSI matters: obligation to submit report) for the words from “A person appointed” to “paragraph 19” substitute “ The person investigating ”.

16

• (1) Paragraph 24B (action in response to a report on a DSI matter) is amended as follows.

• (2) In sub-paragraph (2) (circumstances in which appropriate authority must record matter as a conduct matter) omit the words from “(and the other provisions” to the end.

• (3) After sub-paragraph (2) insert—

(3) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)— (a) the person investigating the DSI matter shall (subject to any determination made by the Commission under paragraph 15(5)) investigate the conduct matter as if appointed or designated to do so, and (b) the other provisions of this Schedule shall apply in relation to that matter accordingly.

17

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18

• (1) Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows.

• (2) In sub-paragraph (1) (application of paragraph) in each of paragraphs (a) and (b), for “proposing to” substitute “ required to or will, in its discretion, ”.

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

19

After paragraph 28 insert—

(29) In this Part of this Schedule— - “gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal; - “misconduct” means a breach of the Standards of Professional Behaviour; - “the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter; - “prescribed” means prescribed by regulations made by the Secretary of State; - “the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.

SCHEDULE 24

The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—

SCHEDULE 25

Part 1 — Courts-Martial (Appeals) Act 1968

1

The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.

Power to dismiss certain appeals following references by the CCRC

2

After section 25B insert—

(25C) (1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995. (2) Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court may dismiss the appeal if— (a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction or finding that is the subject of the appeal, and (b) the condition in subsection (3) is met. (3) The condition in this subsection is that if— (a) the reference had not been made, but (b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law, the Court would not think it appropriate to grant the application by exercising the power conferred by section 9(3).

Interim hospital orders

3

Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.

4

Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.

5

Before section 36 (but after the cross-heading preceding it) insert—

(35A) (1) This section applies where the Appeal Court— (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 Martial 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.

6

In section 36 (powers of Court under Part 2 which are exercisable by single judge), in subsection (1) after paragraph (h) insert—

(ha) to renew an interim hospital order made by them by virtue of any provision of this Part;

.

Evidence

7

• (1) Section 28 (evidence) is amended as follows.

• (2) In subsection (1), at the beginning insert “ For the purposes of an appeal 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 Appeal Court; (b) the appellant; (c) the respondent.

• (5) In subsection (4), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.

• (6) After subsection (4) insert—

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

Appeals against procedural directions

8

In section 36C (appeals against procedural directions), subsections (1) and (2) are omitted.

Detention of accused pending appeal to Supreme Court

9

• (1) Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows.

• (2) In subsection (1) for “may make an order under this section” substitute “ shall make one of the orders specified in subsection (1A) ”.

• (3) In subsection (1A)—

• (a) for “An order under this section is” substitute “ The orders specified in this subsection are ”,

• (b) the word “or” at the end of paragraph (a) is omitted, and

• (c) after paragraph (b) insert—

(c) an order that the accused be released without bail.

• (4) After subsection (1B) insert—

(1C) The Appeal Court may make an order within subsection (1A)(c) only if they think that it is in the interests of justice that the accused should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (5) In subsection (2) for “under this section” substitute “ within subsection (1A)(a) or (b) ”.

• (6) For subsection (5) substitute—

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

Part 2 — Armed Forces Act 2006

10

The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.

Consecutive custodial sentences

11

In section 188(4) (consecutive custodial sentences), after “Part 12 of the 2003 Act” insert “ or under Part 2 of the Criminal Justice Act 1991 ”.

Dangerous offenders

12

In section 209 (offenders under 18 convicted of certain serious offences), in subsection (7) for “sections 221, 222 and 227” substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) and section 227 of this Act ”.

13

• (1) Section 219 (dangerous offenders aged 18 or over) is amended as follows.

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

— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is a serious offence, and (c) the court is of the required opinion (defined by section 223).

• (3) For subsections (2) and (3) substitute—

(2) Section 225(2) to (4) of the 2003 Act apply in relation to the offender. (3) In section 225(2) and (3A) of the 2003 Act (as applied by subsection (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act.

• (4) For the italic cross-heading before section 219 substitute “ Required or discretionary sentences for particular offences ”.

14

• (1) Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows.

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

— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is a specified offence, (c) the court is of the required opinion (defined by section 223), and (d) where the corresponding offence under the law of England and Wales is a serious offence, the case is not one in which the court is required by section 225(2) of the 2003 Act (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life.

• (3) For subsection (2) substitute—

(2) Section 227(2) to (5) of the 2003 Act apply in relation to the offender.

• (4) In subsection (3)—

• (a) for “section 227” substitute “ section 227(2) to (5) ”,

• (b) before paragraph (a) insert—

(za) the reference in section 227(2A) to “the offence” is to be read as a reference to the offence under section 42 of this Act;

, and

• (c) in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2C)(b) ”.

• (5) After subsection (3) insert—

(3A) The power conferred by section 227(6) of the 2003 Act includes power to amend section 227(2B) as applied by this section.

15

• (1) Section 221 (dangerous offenders aged under 18) is amended as follows.

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

— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is a serious offence, and (c) the court is of the required opinion (defined by section 223).

• (3) For subsection (2) substitute—

(2) Section 226(2) to (4) of the 2003 Act apply in relation to the offender.

• (4) In subsection (3)—

• (a) for the words from the beginning to “is” substitute “ In section 226(2) of the 2003 Act (as applied subsection (2)) ”, and

• (b) in paragraphs (a) and (b) the words “in section 226(2)” are omitted.

• (5) Subsection (4) is omitted.

16

• (1) Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows.

• (2) In subsection (1), in paragraph (d) for the words from “section 221” to the end substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) to impose a sentence of detention for life. ”

• (3) For subsection (2) substitute—

(2) Section 228(2) to (5) of the 2003 Act apply in relation to the offender.

• (4) In subsection (3)—

• (a) for “section 228” substitute “ section 228(2) to (5) ”, and

• (b) in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2B)(b) ”.

• (5) After subsection (3) insert—

(3A) The power conferred by section 228(7) of the 2003 Act includes power to amend section 228(2A) as applied by this section.

17

• (1) Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows.

• (2) In subsection (1) for “219(2), 220(2), 221(2)” substitute “ 219(1), 220(1), 221(1) ”.

• (3) In subsection (2) for “section 229(2) to (4)” substitute “ section 229(2) and (2A) ”.

• (4) In subsection (3) the words “to (4)” are omitted.

18

• (1) Section 228 (appeals where previous convictions set aside) is amended as follows.

• (2) For subsection (1) substitute—

(1) Subsection (3) applies where— (a) a sentence has been imposed on any person under section 225(3) or 227(2) of the 2003 Act (as applied by section 219(2) or 220(2) of this Act), (b) the condition in section 225(3A) or (as the case may be) 227(2A) of the 2003 Act was met but the condition in section 225(3B) or (as the case may be) 227(2B) of that Act was not, and (c) any previous conviction of his without which the condition in section 225(3A) or (as the case may be) 227(2A) would not have been met has been subsequently set aside on appeal.

19

In section 237 (purposes of sentencing), in subsection (3)(b)—

• (a) for “to 222” substitute “ , 221 ”, and

• (b) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

20

In section 256 (pre-sentence reports), in subsection (1)(c) for the words from “section” to the end substitute “ section 219(1), 220(1), 221(1) or 222(1) (sentences for dangerous offenders). ”

21

In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)(b) for the words from “as a result” to the end substitute “ under section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or as a result of any of sections 225 to 227 of this Act. ”

22

In section 261 (length of discretionary custodial sentences: general provision)—

• (a) in subsection (1) for “falling to be imposed as a result of section 219(2) or 221(2)” substitute “ imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) ”, and

• (b) in subsection (3) for “required minimum sentences” substitute “ sentences that may or must be imposed ”.

23

In section 273 (review of unduly lenient sentences by Court Martial Appeal Court), in subsection (6)(b) for “section 219, 220, 221, 222, 225, 226 or 227” substitute “ section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act ”.

Restrictions on imposing community punishment

24

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

25

In section 254(1) (savings for powers to mitigate sentence etc.) for “and 270” substitute “ , 270 and 270B ”.

26

• (1) Section 270 (community punishments: general restrictions etc.) is amended as follows.

• (2) After subsection (6) insert—

(6A) The fact that by virtue of any provision of this section— (a) a community punishment may be awarded in respect of an offence, or (b) particular restrictions on liberty may be imposed by a community punishment, does not require a court to award such a punishment or to impose those restrictions.

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

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

27

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

Review of sentence on reference by Attorney General

28

In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—

(7) Where a reference under subsection (1) relates to a case in which the Court Martial made an order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time. (7A) The orders specified in this subsection are— (a) an order under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence); (b) an order under section 82A(2) of the Sentencing Act (determination of minimum term in relation to discretionary life sentences and certain other sentences).

Compensation for miscarriages of justice

29

• (1) Section 276 (compensation for miscarriages of justice) is amended as follows.

• (2) In subsection (1) for “subsections (2) and (3)” substitute “ subsections (2) to (3A) ”.

• (3) At the end of subsection (3) insert

before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned. (3A) But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

• (4) For subsection (6) substitute—

(6) Section 276A applies in relation to the assessment of the amount of the compensation.

• (5) After subsection (7) insert—

(7A) But in a case where— (a) a person's conviction for an offence is quashed on an appeal out of time, and (b) the person is to be subject to a retrial, the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

30

After section 276 insert—

(276A) (1) This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 276 for a miscarriage of justice. (2) In assessing so much of any compensation payable under section 276 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to— (a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction, and (b) the conduct of the investigation and prosecution of the offence. (3) The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 276 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following— (a) any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and (b) any other convictions of the person and any punishment resulting from them. (4) If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 276 is to be a nominal amount only. (5) The total amount of compensation payable to or in respect of a person under section 276 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is— (a) £1 million in a case to which section 276B applies, and (b) £500,000 in any other case. (6) The total amount of compensation payable under section 276 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit. That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment. (7) The Secretary of State may by order amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit. (276B) (1) For the purposes of section 276A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when— (a) the conviction is reversed, or (b) the pardon is given, as mentioned in section 276(1). (2) P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained— (a) by virtue of a sentence passed in respect of the relevant offence, (b) under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or (c) as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence. (3) In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both— (a) in qualifying detention, and (b) in excluded concurrent detention. (4) P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained— (a) during the term of a sentence passed in respect of an offence other than the relevant offence, (b) under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or (c) as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with an offence for which P was subsequently convicted other than— (i) the relevant offence, or (ii) any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence. (5) But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it. (6) In this section— - “kept in service custody” means— 1. kept in service custody under section 105(2) of the Armed Forces Act 2006, or 2. kept in military, air-force or naval custody under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be); - “mental health legislation” means— 1. Part 3 of the Mental Health Act 1983, or 2. the provisions of any earlier enactment corresponding to Part 3 of that Act; - “the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7)); - “remanded for mental health purposes” means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment; - “reversed” has the same meaning as in section 276 of this Act. (7) If, as a result of the miscarriage of justice— (a) two or more convictions are reversed, or (b) a pardon is given in respect of two or more offences, “the relevant offence” means any of the offences concerned.

31

In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “ 276A(7), ”.

Imposition of unpaid work requirement for breach of service community order or overseas service community order

32

In paragraph 14(b) of Schedule 5 (modifications of Schedule 8 to the Criminal Justice Act 2003 as it applies to overseas community orders), for “(3)” substitute “ (3A) ”.

Suspended prison sentences: further conviction or breach of requirement

33

In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—

• (a) in the substituted text of sub-paragraph (2), after “Part 12” insert “ of this Act or under Part 2 of the Criminal Justice Act 1991 ”; and

• (b) in the substituted text of sub-paragraph (3), after “287” insert “ of the Armed Forces Act 2006 ”.

Part 3 — Transitional provisions

Transitional provisions: compensation for miscarriage of justice

34

• (1) Paragraph 29(3) has effect in relation to any application for compensation made in relation to—

• (a) a conviction which is reversed, and

• (b) a pardon which is given,

on or after the commencement date.

• (2) Paragraphs 29(4) and 30 have effect in relation to—

• (a) any application for compensation made on or after the commencement date, and

• (b) any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 276(4) of the 2006 Act.

• (3) Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.

• (4) Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date.

• (5) In the case of—

• (a) a conviction which is reversed, or

• (b) a pardon which is given,

before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.

• (6) But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

• (7) In this paragraph—

• “the 2006 Act” means the Armed Forces Act 2006 (c. 52);

• “application for compensation” means an application for compensation made under section 276(3) of the 2006 Act;

• “the commencement date” means the date on which paragraphs 29 and 30 come into force;

• “reversed” has the same meaning as in section 276(1) of the 2006 Act (as amended by paragraph 29(5)).

SCHEDULE 26

Part 1 — Fine defaulters

Magistrates' Courts Act 1980 (c. 43)

1

In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—

(a) a youth default order under section 39 of the Criminal Justice and Immigration Act 2008; or

.

Criminal Justice Act 2003 (c. 44)

2

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In section 221(2) (provision of attendance centres) after paragraph (b) insert—

(c) default orders under section 300 of this Act, or (d) youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.

• (3) In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)—

• (a) in subsection (1)—

• (i) for “16” substitute “ 18 ”, and

• (ii) omit paragraph (b), and

• (b) in subsection (2), omit from “or, as the case may be” to “young offender)”.

• (4) In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert—

(3A) In its application to a default order, section 214(2) (attendance centre requirement) is modified by the substitution for “not be less than 12 or more than 36” of be— (a) not less than 12, and (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

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

• (5) In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”.

• (6) In paragraph 5 of that Schedule, for “or 3” substitute “ , 3 or 3A ”.

Part 2 — Other amendments

Prison Act 1952 (c. 52)

3

In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “ or other persons who may be lawfully detained there ”.

Criminal Justice Act 1961 (c. 39)

4

In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “ a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with ”.

Children and Young Persons Act 1969 (c. 54)

5

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

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

6

In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “ a finding ”.

Wildlife and Countryside Act 1981 (c. 69)

7

In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “ by section 19 ”.

Mental Health Act 1983 (c. 20)

8

In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Repatriation of Prisoners Act 1984 (c. 47)

9

The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.

10

Before section 1 insert— “ Transfer of prisoners to or from the United Kingdom ”.

11

• (1) Section 1 (issue of warrant for transfer) is amended as follows.

• (2) In subsections (2) and (3) for “warrant under this Act” substitute “ warrant under this section ”.

• (3) In subsection (4)—

• (a) for “warrant under this Act” (in both places) substitute “ warrant under this section ”;

• (b) in paragraph (b) omit the words “under this Act”.

• (4) In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “ warrant under this section ”.

• (5) In subsection (6) after “warrant” (in the first place it appears) insert “ under this section ”.

• (6) In subsection (7)(b) after “under” insert “ any of ”.

• (7) In subsection (8)—

• (a) after “similar to” insert “ any of ”;

• (b) after “respect to” insert

— (a)

; and

• (c) at the end insert

; or (b) the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).

12

• (1) Section 2 (transfer out of the United Kingdom) is amended as follows.

• (2) In subsection (1) after “warrant” insert “ under section 1 ”.

• (3) In subsection (4)—

• (a) in paragraph (a) for “warrant under this Act” substitute “ warrant under section 1 ”; and

• (b) in paragraph (b)(i) (as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “ , (1A) ”.

• (4) In subsection (7) for “warrant under this Act” substitute “ warrant under section 1 ”.

13

• (1) Section 3 (transfer into the United Kingdom) is amended as follows.

• (2) In subsection (1), after “a warrant” insert “ under section 1 ”.

• (3) In subsections (2), (4) and (6), for “warrant under this Act” substitute “ warrant under section 1 ”.

• (4) In subsection (7)—

• (a) at the beginning insert “ Part 1 of ”; and

• (b) for “warrant under this Act” substitute “ warrant under section 1 ”.

• (5) Subsection (10) is omitted.

14

• (1) Section 4 (temporary return) is amended as follows

• (2) In subsection (1)—

• (a) for “warrant under this Act” substitute “ warrant under section 1 ”;

• (b) in paragraph (a), after “Kingdom” (in the second place it appears) insert “ , or from which responsibility for his detention and release has previously been transferred to the United Kingdom, ”;

• (c) in paragraph (b), after “transferred” insert “ , or to which responsibility for his detention and release has previously been transferred, ”.

• (3) In subsection (2)—

• (a) for “a warrant under this Act” substitute “ a warrant under section 1 ”;

• (b) for “earlier warrant under this Act” substitute “ earlier warrant under section 1 or section 4A ”.

• (4) In subsection (3)—

• (a) for “issued under this Act” substitute “ issued under section 1 ”;

• (b) after “an earlier warrant” insert “ under section 1 or section 4A ”.

• (5) In subsection (4) for “warrant under this Act” substitute “ warrant under section 1 ”.

• (6) After subsection (5) insert—

(6) Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).

.

15

Before section 5 (operation of warrant and retaking prisoners) insert— “ Supplementary and general provisions ”.

16

• (1) Section 5 (operation of warrant and retaking prisoners) is amended as follows.

• (2) In subsection (1)—

• (a) for “under this Act” substitute “ under section 1 ”; and

• (b) after “this section” insert “ (apart from subsection (9)) ”.

• (3) After subsection (8) insert—

(9) Where— (a) a warrant under section 4A has been issued, and (b) the relevant person is a person to whom subsection (3) of that section applies, subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b). (10) In their application for the purposes of a warrant under section 4A those subsections shall have effect as if— (a) any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A; (b) any reference to the prisoner were a reference to the relevant person; (c) in subsection (4)— (i) in paragraph (a) for “that person” there were substituted “ the authorised person ”; and (ii) paragraph (b) were omitted; and (d) in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “ transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers ”.

17

• (1) Section 6 (revocation etc. of warrants) is amended as follows.

• (2) In subsection (1)—

• (a) for “warrant under this Act” (in the first place they appear) substitute “ warrant under section 1 ”;

• (b) in paragraph (b) for “this Act” substitute “ that section ”.

• (3) After subsection (1) insert—

(1A) Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require— (a) revoke that warrant; or (b) revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.

• (4) In subsections (2) and (3) after “subsection (1)(b)” insert “ or (1A)(b) ”.

• (5) In subsection (5)(a), for the words from “where” to the end substitute

in a case where— (i) the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or (ii) the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;

.

18

• (1) Section 8 is amended as follows.

• (2) In subsection (1) after the definition of “the prisoner” insert

; and “the relevant person” has the meaning given by section 4A(5)(b).

• (3) In subsection (3)—

• (a) in paragraph (a) after “section 1(1)(a)” insert “ or 4A(5)(a) ”;

• (b) in paragraph (b) for “such a party” substitute “ a party to such international arrangements as are mentioned in section 1(1)(a) ”;

• (c) after paragraph (b) (but before the “or” after that paragraph) insert—

(ba) that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,

.

19

• (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.

• (2) For the cross-heading before paragraph 1 substitute— “ Part 1 Warrants under section 1 Application of Part 1 ”.

• (3) In paragraph 1—

• (a) at the beginning insert “ This Part of ”;

• (b) after “under” insert “ section 1 of ”; and

• (c) after “; and in” insert “ this Part of ”.

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

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

• (6) After paragraph 8 insert—

(9) This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section). (10) Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications. (11) Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b). (12) (1) Any reference to the prisoner is to be read as a reference to the relevant person. (2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993). (13) In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person— (a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and (b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993. (14) The reference in paragraph 7 to the time of the prisoner's transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.

Police and Criminal Evidence Act 1984 (c. 60)

20

• (1) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)—

• (a) after paragraph (a) (and before the word “and” immediately following it) insert—

(aa) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998

; and

• (b) in paragraph (b), for “of the Crime and Disorder Act 1998” substitute “ of that Act ”.

• (2) In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “ or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 ”.

Criminal Justice Act 1987 (c. 38)

21

In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Criminal Justice Act 1988 (c. 33)

22

The Criminal Justice Act 1988 has effect subject to the following amendments.

23

In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

24

In section 160(1) (offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “ Subject to section 160A, ”.

Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

25

In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “ , (2A) ”.

Football Spectators Act 1989 (c. 37)

26

In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—

• (a) for “Part III” substitute “ Part 3 or 3A ”; and

• (b) for “(racial hatred)” substitute “ (hatred by reference to race etc) ”.

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

27

In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute

— (b) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984; (c) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,

.

Broadcasting Act 1990 (c. 42)

28

• (1) Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows.

• (2) In subsection (4)(b), after “section 24” insert “ or 29H ”.

• (3) In subsection (5)(b), after “section 22” insert “ or 29F ”.

Criminal Justice Act 1991 (c. 53)

29

• (1) The Criminal Justice Act 1991 is amended as follows.

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

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

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

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

• (6) In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)—

• (a) for “references in paragraph 3 to a day centre were references to” substitute “ in paragraph 3 “day centre” meant ”, and

• (b) at the end insert “ or an attendance centre provided under section 221 of that Act ”.

• (7) Sub-paragraph (6) extends to England and Wales and Northern Ireland only.

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

30

In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—

(4A) The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender). (4B) Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.

Crime (Sentences) Act 1997 (c. 43)

31

The Crime (Sentences) Act 1997 has effect subject to the following amendments.

32

• (1) Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.

• (2) In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

• (3) In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

• (4) Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.

• (5) In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

• (6) In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.

• (7) Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.

33

• (1) Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.

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

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

• (4) In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—

(c) prisoners detained in Scotland in pursuance of warrants which— (i) are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and (ii) relate to sentences that were imposed before 1 October 1993.

Crime and Disorder Act 1998 (c. 37)

34

• (1) Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows.

• (2) After paragraph (a) insert—

(aa) the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;

.

• (3) After paragraph (b) insert—

(ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions; (bb) the supervision and rehabilitation of persons to whom such cautions are given;

.

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

35

The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.

36

• (1) Section 35 (child complainants and other child witnesses) is amended as follows.

• (2) In subsection (3) (offences to which section applies), in paragraph (a)—

• (a) before sub-paragraph (v) insert—

(iva) any of sections 33 to 36 of the Sexual Offences Act 1956,

; and

• (b) in sub-paragraph (vi), at end insert “ or any relevant superseded enactment ”.

• (3) After that subsection insert—

(3A) In subsection (3)(a)(vi) “relevant superseded enactment” means— (a) any of sections 1 to 32 of the Sexual Offences Act 1956; (b) the Indecency with Children Act 1960; (c) the Sexual Offences Act 1967; (d) section 54 of the Criminal Law Act 1977.

37

• (1) Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows.

• (2) In subsection (1) at end insert “ or any relevant superseded offence ”.

• (3) After that subsection insert—

(1A) In subsection (1) “relevant superseded offence” means— (a) rape or burglary with intent to rape; (b) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.); (c) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.); (d) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14); (e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).

38

The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.

39

Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

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

50

In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—

• (a) in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and

• (b) in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

51

In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—

(6) The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

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

52

In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute

— (a) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984; (b) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.

Sexual Offences Act 2003 (c. 42)

53

The Sexual Offences Act 2003 has effect subject to the following amendments.

54

• (1) In section 83(6)(a) (notification requirements: initial notification) after “court” insert “ or kept in service custody ”.

• (2) This paragraph extends to England and Wales and Northern Ireland only.

55

• (1) In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “ or kept in service custody ”.

• (2) This paragraph extends to England and Wales and Northern Ireland only.

56

• (1) Section 133 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “ (or, in Northern Ireland, cautioned by a police officer) ”;

• (b) at the appropriate place insert—

“kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));

.

• (3) After subsection (2) insert—

(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).

• (4) This paragraph extends to England and Wales and Northern Ireland only.

57

• (1) In section 138 (orders and regulations), at the end insert—

(4) Orders or regulations made by the Secretary of State under this Act may— (a) make different provision for different purposes; (b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.

• (2) The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.

58

• (1) Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.

• (2) After paragraph 35 insert—

(35A) An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender— (a) was 18 or over, and (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

• (3) After paragraph 92 insert—

(92A) An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender— (a) was 18 or over, and (b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.

• (4) In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “ 35A ”.

• (5) This paragraph extends to England and Wales and Northern Ireland only.

Criminal Justice Act 2003 (c. 44)

59

The Criminal Justice Act 2003 has effect subject to the following amendments.

60

• (1) Section 23A (financial penalties) is amended as follows.

• (2) In subsection (5), for paragraphs (b) and (c) substitute—

(b) the person to whom the financial penalty is to be paid and how it may be paid.

• (3) In subsection (6), for “to the specified officer” substitute “ in accordance with the provision specified under subsection (5)(b). ”

• (4) After subsection (6) insert—

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

• (5) Omit subsections (7) to (9).

61

After section 23A insert—

(23B) A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a conditional caution by— (a) modifying or omitting any of the conditions; (b) adding a condition.

62

In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—

(ga) the provision which may be made by a relevant prosecutor under section 23A(5)(b),

.

63

In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—

(za) Saturday,

.

64

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

65

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

66

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

67

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

68

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

69

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

70

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

71

In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “ one-half of ”.

72

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

73

In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—

(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).

74

• (1) Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows.

• (2) In subsection (8), for “section 326” substitute “ sections 326 and 327A ”.

• (3) After that subsection insert—

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

75

In section 326(5)(a) (review of arrangements), for “and this section” substitute “ , this section and section 327A ”.

76