Anti-social Behaviour, Crime and Policing Act 2014

• (1) Section 210 of the Criminal Procedure (Scotland) Act 1995 (consideration of time spent in custody) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “United Kingdom” there is inserted “ otherwise than from a category 1 territory ”;

• (b) in paragraph (c)(ii), for “for the purposes of this section” there is substituted “ who was extradited to the United Kingdom otherwise than from a category 1 territory ”.

• (3) After subsection (1) there is inserted—

(1A) Subsection (1B) applies where— (a) a court is passing a sentence of imprisonment or detention on a person for an offence, and (b) the person is an extradited prisoner who was extradited to the United Kingdom from a category 1 territory. (1B) The court shall specify— (a) the period of time spent in custody awaiting extradition, and (b) the date of commencement of the sentence in accordance with subsection (1C). (1C) The date of commencement of the sentence is to be a date the relevant number of days earlier than the date the sentence would have commenced had the person not spent time in custody awaiting extradition. (1D) In subsection (1C), “the relevant number of days” means the number of days in the period specified under subsection (1B)(a).

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

(2A) In this section, “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

• (5) Subsection (3) is repealed.

Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

173

• (1) In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), for subsection (3) there is substituted—

(3) The provisions of subsection (2) shall not apply to any period during which any such person— (a) is detained in pursuance of any other sentence of any court in the United Kingdom in a prison or other institution, or (b) is kept in custody in a category 1 territory before, and only for the purpose of, being extradited to the United Kingdom to serve the term of imprisonment or detention referred to in that subsection, but shall apply in addition to any other provisions of this Act imposing any punishment for an escape. (3A) In subsection (3) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

• (2) In section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 (duration of sentence), at the end of subsection (2A) there is inserted

; or (c) any period during which he was in custody in a category 1 territory with a view to his being extradited to the United Kingdom to be tried or sentenced for that offence (and not for any other reason). In paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

Procedure rules

Criminal Procedure Rules to apply to extradition proceedings etc

174

• (1) In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of “criminal court”), at the end there is inserted—

(c) the High Court in relation to its jurisdiction under the Extradition Act 2003.

• (2) In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in subsection (1)(b), after “the High Court” there is inserted “ except in relation to its jurisdiction under the Extradition Act 2003 ”.

• (3) In section 157 of the Extradition Act 2003 (production orders), after subsection (8) there is inserted—

(9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

• (4) In section 160 of that Act (warrants: special procedure material and excluded material), after subsection (9) there is inserted—

(10) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

PART 13 — Criminal justice and court fees

Compensation for miscarriages of justice

175

• (1) In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice) after subsection (1) there is inserted—

(1ZA) For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).

• (2) Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in relation to—

• (a) any application for compensation made under subsection (2) of that section on or after the day on which this section comes into force, and

• (b) any application for compensation made before that day in relation to which the question whether there is a right to compensation has not been finally determined before that day by the Secretary of State under subsection (3) of that section.

Low-value shoplifting

176

• (1) The Magistrates' Courts Act 1980 is amended as follows.

• (2) In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is substituted “ 22A ”.

• (3) After section 22 there is inserted—

(22A) (1) Low-value shoplifting is triable only summarily. (2) But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown Court for the offence and, if the person elects to be so tried— (a) subsection (1) does not apply, and (b) the court must send the person to the Crown Court for trial for the offence. (3) “Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where— (a) the value of the stolen goods does not exceed £200, (b) the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and (c) at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale. (4) For the purposes of subsection (3)(a)— (a) the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and (b) where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the value involved has effect as if it were a reference to the aggregate of the values involved. (5) A person guilty of low-value shoplifting is liable on summary conviction to— (a) imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003), (b) a fine, or (c) both. (6) A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting. (7) For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.

• (4) In section 143 (power to alter sums specified in certain provisions)—

• (a) after subsection (2)(a) there is inserted—

(aza) section 22A(3)(a) above;

• (b) the word “or” after paragraph (a) of subsection (3) is omitted;

• (c) after subsection (3)(a) there is inserted—

(aa) in relation to section 22A(3)(a) above, the date of the coming into force of that section; or

• (5) The Criminal Attempts Act 1981 is amended as follows—

• (a) in section 1 (attempting to commit an offence) after subsection (4) there is inserted—

(5) This section also applies to low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980).

• (b) in section 4 (trial and penalties) in paragraph (c) of subsection (1), after “either way,” there is inserted “or is low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980),”.

• (6) Any reference in the Police and Criminal Evidence Act 1984 to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).

• (7) In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2) there is inserted—

(2A) In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).

• (8) The amendments made by this section have effect in relation to—

• (a) low-value shoplifting (which is defined in section 22A(3) of the 1980 Act) committed on or after the day on which this section comes into force, and

• (b) low-value shoplifting committed before that day in respect of which proceedings have not yet been instituted.

Abolition of defence of marital coercion

177

• (1) The defence of marital coercion is abolished.

• (2) Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of married woman by husband) is repealed.

• (3) This section does not have effect in respect of an offence alleged to have been committed before the date on which it comes into force.

Protection arrangements for persons at risk

178

• (1) The Serious Organised Crime and Police Act 2005 is amended as follows.

• (2) In section 82 (protection of persons involved in investigations or proceedings)—

• (a) in the heading, for “of persons involved in investigations or proceedings” there is substituted “ arrangements for persons at risk ”;

• (b) in subsection (1), for the words from “a person” to “United Kingdom” there is substituted “ any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal conduct of another person ”;

• (c) after subsection (5) there is inserted—

(5A) In subsection (1), “criminal conduct” means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there. (5B) Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a person where non-statutory arrangements have already been made in respect of that person.

• (d) subsection (6) is repealed.

• (3) Sections 91 and 92 are repealed.

• (4) In section 93, paragraph (b) of subsection (1) and the word “or” before it are repealed.

• (5) In section 172, paragraph (e) of subsection (5) is repealed.

• (6) Schedule 5 is repealed.

• (7) Nothing in this section affects arrangements made before the commencement of this section for the purpose of protecting a person under section 82(1) of the 2005 Act.

Surcharges: imprisonment in default and remission of fines

179

• (1) In section 82 of the Magistrates' Courts Act 1980 (restriction on power to impose imprisonment for default), after subsection (1) there is inserted—

(1A) Subsection (1)(c) above does not apply in relation to a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

• (2) In section 85 of that Act (power to remit fine), after subsection (3) there is inserted—

(3A) Where— (a) the court remits the whole or part of the fine, and (b) the offender was ordered under section 161A of the Criminal Justice Act 2003 to pay a surcharge the amount of which was set by reference to the amount of the fine, the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.

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

• (4) Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted on or after the day on which this section comes into force.

Court and tribunal fees

180

• (1) In prescribing a fee under an enactment specified in subsection (2), the Lord Chancellor may with the consent of the Treasury prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.

• (2) The enactments are—

• (a) section 92 of the Courts Act 2003 (Senior Courts, county courts and magistrates' courts fees);

• (b) section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

• (c) section 58(4)(b) of that Act (Public Guardian fees);

• (d) section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees).

• (3) Before prescribing a fee by virtue of subsection (1) under an enactment specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to—

• (a) the financial position of the courts and tribunals for which the Lord Chancellor is responsible, including in particular any costs incurred by those courts and tribunals that are not being met by current fee income, and

• (b) the competitiveness of the legal services market.

• (4) For the purposes of subsection (3)(a), the courts and tribunals for which the Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement Act 2007.

• (5) A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental Capacity Act 2005 must be used to finance the efficient and effective discharge of functions of the Public Guardian.

• (6) A fee prescribed by virtue of subsection (1) under any other enactment specified in subsection (2) must be used to finance an efficient and effective system of courts and tribunals.

• (7) A statutory instrument—

• (a) containing an order or regulations under an enactment specified in subsection (2), and

• (b) setting a fee in excess of the cost of anything in respect of which the fee is charged,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

• (8) But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.

PART 14 — General

Amendments

181

• (1) Schedule 11 (minor and consequential amendments) has effect.

• (2) The Secretary of State may by order make consequential amendments to provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential on any provision of this Act, other than the provisions listed in subsection (4) as they apply in Wales.

• (3) The Secretary of State may by order make amendments to sections 136 and 142 of the Sexual Offences Act 2003 that are consequential on the coming into force of any amendment of Part 2 of that Act made by the Criminal Justice Act (Northern Ireland) 2013.

• (4) The Welsh Ministers may by order make consequential amendments to provisions contained in or made under any Act or any Measure or Act of the National Assembly for Wales.

“Consequential amendments” here means amendments that are consequential on any of the following provisions as they apply in Wales—

• (a) sections 94 to 98 and Schedule 3;

• (b) section 100;

• (c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11.

Orders and regulations

182

• (1) A power under this Act to make an order or regulations is exercisable by statutory instrument, but this does not apply to a power of the Scottish Ministers to make an order under section 185.

• (2) A statutory instrument containing—

• (za) regulations under section B1(7),

• (a) an order under section 5(5),

• (b) an order under section 53(4),

• (ba) regulations under section 83A,

• (c) regulations under section 116(5)(b), or

• (d) an order under section 181(2) that amends an Act,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

• (3) A statutory instrument containing an order under section 181(4) that amends an Act or a Measure or Act of the National Assembly for Wales may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

• (4) A statutory instrument containing—

• (a) an order under this Act made by the Secretary of State, other than an order within subsection (2) or an order under section 181(3) or 185, or

• (b) regulations under this Act made by the Secretary of State, other than regulations within subsection (2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) A statutory instrument containing—

• (a) an order under this Act made by the Welsh Ministers, other than an order within subsection (3) or an order under section 185, or

• (b) regulations under this Act made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (6) An order or regulations under this Act (other than an order under section 185) may make saving, transitional, transitory, supplementary or consequential provision.

Financial provision

183

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

184

• (1) The following provisions extend to England and Wales only—

• (a) Parts 1 to 6;

• (b) section 106 except subsections (2)(a)(ii) and (6);

• (c) section 114;

• (d) sections 116 to 119;

• (e) sections 120 and 121;

• (f) sections 123 to 130;

• (g) section 133(1), (2) and (4);

• (h) sections 135 to 143;

• (i) sections 144, 145 and 146(1);

• (j) sections 149 and 151;

• (k) section 152 and Schedule 10;

• (l) sections 153 and 154;

• (m) sections 166, 171 and 174;

• (n) section 176 except subsection (7);

• (o) sections 177 and 179.

• (2) The following provisions extend to England and Wales and Scotland (but not Northern Ireland)—

• (a) sections 106(2)(a)(ii) and (6) and 107;

• (b) sections 108 to 110 and 112;

• (c) section 133(3);

• (d) section 178.

• (3) The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—

• (a) section 115 and Schedule 6;

• (b) section 132 and Schedule 7;

• (c) section 175.

• (4) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 111;

• (b) section 113 and Schedule 5;

• (c) section 131;

• (d) section 133(5);

• (e) section 146(2);

• (f) section 147 and Schedule 8;

• (g) section 148 and Schedule 9;

• (h) section 150;

• (i) Part 12, except sections 166 and 171 to 174;

• (j) section 180.

• (5) Sections 122 and 172 extend only to Scotland.

• (6) Sections 134 and 173 extend only to Northern Ireland.

• (7) Section 176(7) has the same extent as section 84 of the Armed Forces Act 2006, and the powers conferred by section 384 of that Act (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories and the Isle of Man) are exercisable in relation to the amendment of that Act made by section 176(7) of this Act.

• (8) An amendment, repeal or revocation made by Schedule 11 has the same extent as the relevant part of the Act or instrument amended, repealed or revoked.

• (9) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to make provisions of that Act apply in relation to British overseas territories, the Channel Islands and the Isle of Man) are exercisable in relation to any amendment of that Act made by this Act.

Commencement

185

• (1) This Act comes into force on whatever day or days the Secretary of State appoints by order.

• (2) Subsection (1) does not apply to—

• (a) sections 150, 175, 180, 181(2) and (4) and 182 to 186, which come into force on the day on which this Act is passed;

• (b) sections 151 and 177, which come into force at the end of the period of 2 months beginning with that day;

• (c) the provisions listed in subsection (3) as they apply in Wales;

• (d) section 149;

• (e) section 122.

• (3) The following provisions, as they apply in Wales, come into force on whatever day or days the Welsh Ministers appoint by order—

• (a) sections 94 to 98 and Schedule 3;

• (b) section 100;

• (c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11 (and section 181(1) so far as it relates to those paragraphs).

• (4) Different days may be appointed under subsection (1) or (3) for different purposes or different areas.

• (5) Section 149 comes into force on whatever day the Attorney General appoints by order.

• (6) Section 122 comes into force on whatever day the Scottish Ministers appoint by order.

• (7) The Secretary of State may by order make whatever saving, transitional or transitory provision (in addition to the provision in sections 21, 33, 42, 58 and 93) the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act, other than the provisions listed in subsection (3) as they apply in Wales.

• (8) The Welsh Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force in Wales of the provisions listed in subsection (3) as they apply in Wales.

• (9) The Scottish Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force of section 122.

• (10) An order under this section bringing into force on a particular day a provision which refers to the Police Negotiating Board for Scotland may, if it appears to the Secretary of State that no body of that name will be in existence on that day, bring the provision into force subject to whatever consequential amendment or transitional provision the Secretary of State thinks appropriate.

Short title

186

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act 2014.

SCHEDULE 1 — Remands under sections 9 and 10

Introductory

1

• (1) This Schedule applies where—

• (a) a judge has power to remand a person under section 9(5),

• (b) a justice of the peace is required to remand a person under section 9(6), or

• (c) a court has power to remand a person under section 10(8).

• (2) A reference in the following paragraphs of this Schedule to a judge is to be read as including a justice of the peace.

Remand in custody or on bail

2

• (1) The judge or the court may remand the person—

• (a) in custody, or

• (b) on bail.

But a person aged under 18 may not be remanded in custody unless paragraph 6 applies.

• (2) A reference in this Schedule to remanding a person in custody is a reference to committing the person to custody to be brought before the court at the end of the period of remand or at whatever earlier time the court may require.

• (3) The judge or the court may remand the person on bail—

• (a) by taking from the person a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

• (b) by fixing the amount of the recognizances with a view to their being taken subsequently and, in the meantime, committing the person to custody as mentioned in sub-paragraph (2).

• (4) Where a person is brought before the court after remand, the court may further remand the person.

3

• (1) Where a person is remanded on bail, the judge or the court may direct that the person's recognizance be conditioned for his or her appearance—

• (a) before the court at the end of the period of remand, or

• (b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

• (2) Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of a time for the person next to appear is to be treated as a remand.

• (3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.

4

• (1) The judge or the court may not remand a person for a period exceeding 8 clear days unless—

• (a) paragraph 5 or 6 applies, or

• (b) the person is remanded on bail and both that person and the person who applied for the injunction consent to a longer period.

• (2) Where the judge or the court has power to remand a person in custody, the person may be committed to the custody of a constable if the remand is for a period not exceeding 3 clear days.

Remand for medical examination and report

5

• (1) This paragraph applies where—

• (a) the judge or the court has reason to think that a medical report will be needed, and

• (b) the judge or the court remands the person in order to enable a medical examination to take place and a report to be made.

• (2) If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3 weeks at a time.

• (3) If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.

6

• (1) If the judge or the court—

• (a) is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the person is suffering from mental disorder, and

• (b) is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail,

the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court for such a report to be made.

• (2) In sub-paragraph (1)—

• “hospital” has the meaning given by section 145(1) of the Mental Health Act 1983;

• “mental disorder” has the meaning given by section 1 of that Act (reading subsection (2B) of that section as if it included a reference to sub-paragraph (1) above);

• “registered establishment” has the meaning given by 34(1) of that Act.

• (3) Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary modifications (in particular, with references to the accused person being read as references to the person mentioned in that sub-paragraph, and references to the court being read as references to the judge or the court).

Further remand

7

• (1) If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the end of the period of remand, the court may further remand the person in his or her absence.

• (2) The power in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties for the person to a later time.

• (3) Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may (in the person's absence) enlarge the person's recognizance and those of any sureties for the person to a later time.

• (4) The enlargement of the person's recognizance is to be treated as a further remand.

• (5) Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

Postponement of taking recognizance

8

Where under paragraph 2(3)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by a person prescribed by rules of court, with the same consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

9

The court may when remanding a person on bail under this Schedule require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

SCHEDULE 2 — Breach of youth injunctions: powers of court in respect of under-18s

PART 1 — Introductory

Power to make supervision order or detention order

1

• (1) A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of a youth injunction to which he or she is subject, may make in respect of the person—

• (a) a supervision order (see Part 2 of this Schedule), or

• (b) a detention order (see Part 3 of this Schedule).

• (2) An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction.

• (3) A person making an application for an order under sub-paragraph (1) must before doing so—

• (a) consult any youth offending team specified under section 3(1) or, if a youth offending team is not specified under that subsection, the local youth offending team within the meaning of section 14;

• (b) inform any other body or individual the applicant thinks appropriate.

• (4) In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made by the youth offending team referred to in sub-paragraph (3)(a).

• (5) A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14.

• (6) The court may not make a detention order under sub-paragraph (1) unless it is satisfied that, in view of the severity or extent of the breach, no other power available to the court is appropriate.

PART 2 — Supervision orders

Supervision orders

2

• (1) A supervision order is an order imposing on the person in respect of whom it is made (“the defaulter”) one or more of the following requirements—

• (a) a supervision requirement (see paragraph 3);

• (b) an activity requirement (see paragraph 4);

• (c) a curfew requirement (see paragraph 5).

• (2) Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of a supervision order on those circumstances.

• (3) Before making a supervision order imposing two or more requirements, the court must consider their compatibility with each other.

• (4) The court must ensure, as far as practicable, that requirements imposed by a supervision order are such as to avoid—

• (a) any interference with the times, if any, at which the defaulter normally works or attends school or any other educational establishment;

• (b) any conflict with the requirements of any other court order or injunction to which the defaulter may be subject.

• (5) A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order.

• (6) The period specified under sub-paragraph (5) may not exceed 6 months (not counting the day on which the order is made).

• (7) A supervision order must for the purposes of this Schedule specify—

• (a) the youth offending team in whose area it appears to the court that the respondent will live during the period specified under sub-paragraph (5), or

• (b) if it appears to the court that the defaulter will live in more than one such area, whichever of the relevant youth offending teams the court decides.

Supervision requirements

3

• (1) In this Schedule “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with—

• (a) the responsible officer (see paragraph 7), or

• (b) another person decided by the responsible officer,

at whatever times and places the responsible officer instructs.

• (2) The appointments must be within the period for the time being specified in the order under paragraph 2(5).

Activity requirements

4

• (1) In this Schedule “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)—

• (a) participate, on however many days are specified in the order, in activities at a place or places specified in it;

• (b) participate in an activity or activities specified in the order on however many days are specified in it;

• (c) participate in one or more residential exercises for a continuous period or periods comprising however many days are specified in the order;

• (d) in accordance with sub-paragraphs (8) to (10), engage in activities in accordance with instructions of the responsible officer on however many days are specified in the order.

• (2) The aggregate number of days specified in a supervision order in relation to an activity requirement must not be less than 12 or more than 24.

• (3) A requirement referred to in sub-paragraph (1)(a) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

• (a) to present himself or herself at a place specified in the order to a person of a description specified in it;

• (b) on each day, to comply with instructions given by, or under the authority of, the person in charge of the place.

• (4) A requirement referred to in sub-paragraph (1)(b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

• (a) to participate in an activity specified in the order;

• (b) on each day, to comply with instructions given by, or under the authority of, the person in charge of the activity.

• (5) Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify either—

• (a) a place, or

• (b) an activity,

in relation to the exercise.

• (6) A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which a place is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer—

• (a) to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place specified in it, to a person of a description specified in the instructions;

• (b) to live there for that period;

• (c) during that period to comply with instructions given by, or under the authority of, the person in charge of the place.

• (7) A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which an activity is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer—

• (a) to participate, for the period specified in the order in relation to the exercise, in the activity specified in it;

• (b) during that period to comply with instructions given by, or under the authority of, the person in charge of the activity.

• (8) Subject to sub-paragraph (9), instructions under sub-paragraph (1)(d) relating to any particular day must require the defaulter to do either of the following—

• (a) to present himself or herself to a person of a description specified in the instructions at a place specified in them;

• (b) to participate in an activity specified in the instructions.

The instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or activity.

• (9) If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and for that purpose—

• (a) to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place specified in them, and to live there for that period, or

• (b) to participate for that period in an activity specified in the instructions.

• (10) Instructions of the kind mentioned in sub-paragraph (9)—

• (a) may not be given except with the consent of a parent or guardian of the defaulter;

• (b) operate to require the defaulter, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under paragraph (a) or (b) of that sub-paragraph.

• (11) Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3)(b), (6)(c), (8) or (10)(b) may require the defaulter to engage in activities otherwise than at that place.

• (12) Where a supervision order contains an activity requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting for a number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)).

• (13) A court may include an activity requirement in a supervision order or vary an activity requirement under sub-paragraph (12) only if—

• (a) it has consulted the youth offending team that is to be, or is, specified in the order,

• (b) it is satisfied that it is feasible to secure compliance with the requirement, or the requirement as varied,

• (c) it is satisfied that provision for the defaulter to participate in the activities proposed can be made under the arrangements for persons to participate in those activities which exist in the area of the youth offending team that is to be, or is, specified in the order, and

• (d) in a case where the requirement, or the requirement as varied, would involve the co-operation of a person other than the defaulter and the responsible officer, that person consents to its inclusion or variation.

• (14) In sub-paragraph (10) “guardian” has the same meaning as in the Children and Young Persons Act 1933. But where a local authority has parental responsibility (within the meaning given by section 3 of the Children Act 1989) for a defaulter who—

• (a) is in the authority's care, or

• (b) is provided with accommodation by the authority in the exercise of social services functions (within the meaning given by section 1A of the Local Authority Social Services Act 1970 in relation to a local authority in England or for the purposes of the Social Services and Well-being (Wales) Act 2014 in relation to a local authority in Wales),

the reference to “guardian” in sub-paragraph (10) is to be read as a reference to that authority.

Curfew requirements

5

• (1) In this Schedule “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain at a place specified in the order for the periods specified in it.

• (2) A supervision order imposing a curfew requirement may specify different places or different periods for different days.

• (3) The periods specified under sub-paragraph (1)—

• (a) must be within the period for the time being specified in the order under paragraph 2(5);

• (b) may not amount to less than 2 or more than 8 hours in any day.

• (4) Before specifying a place under sub-paragraph (1), the court making the order must obtain and consider information about the place proposed to be specified (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter).

• (5) Where a supervision order contains a curfew requirement, the court may, on the application of the original applicant or the defaulter, amend the order by—

• (a) substituting new periods for the periods specified in the order under this paragraph (subject to sub-paragraph (3));

• (b) substituting a new place for the place specified in the order under this paragraph (subject to sub-paragraph (4)).

Electronic monitoring requirements

6

• (1) A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period—

• (a) specified in the order, or

• (b) determined by the responsible officer in accordance with the order.

• (2) In the case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify—

• (a) the defaulter,

• (b) the person responsible for the monitoring, and

• (c) any person within sub-paragraph (3)(b),

of the time when that period is to begin.

• (3) Where—

• (a) it is proposed to include an electronic monitoring requirement in a supervision order, but

• (b) there is a person (other than the defaulter) without whose co-operation it will not be practicable to secure that the monitoring takes place,

the requirement may not be included in the order without that person's consent.

• (4) A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

• (5) An electronic monitoring requirement may not be included in a supervision order unless the court making the order—

• (a) has been notified by the youth offending team for the time being specified in the order that arrangements for electronic monitoring are available in the area that includes the place the court proposes to specify in the order for the purposes of the curfew requirement, and

• (b) is satisfied that the necessary provision can be made under the arrangements currently available.

• (6) Where a supervision order contains an electronic monitoring requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph.

• (7) Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (6) as it applies in relation to the inclusion of a requirement.

“Responsible officer”

7

• (1) For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means—

• (a) in a case where the order imposes a curfew requirement and an electronic monitoring requirement, but does not impose an activity or supervision requirement, the person who under paragraph 6(4) is responsible for the electronic monitoring;

• (b) in any other case, the member of the youth offending team for the time being specified in the order who is for the time being responsible for discharging the functions conferred by this Schedule on the responsible officer.

• (2) Where a supervision order has been made, it is the duty of the responsible officer—

• (a) to make any arrangements that are necessary in connection with the requirements contained in the order;

• (b) to promote the defaulter's compliance with those requirements.

• (3) The responsible officer must ensure, so far as practicable, that any instructions given by the officer under a supervision order are such as to avoid the things referred to in paragraph 2(4).

• (4) A defaulter in respect of whom a supervision order is made must—

• (a) keep in touch with the responsible officer, in accordance with any instructions given by the responsible officer from time to time;

• (b) notify the responsible officer of any change of address.

These obligations have effect as requirements of the order.

Amendment of operative period

8

• (1) The court may, on the application of the original applicant, amend a supervision order by substituting a new period for the one specified in the order for the time being under paragraph 2(5) (subject to paragraph 2(6)).

• (2) A court amending a supervision order under sub-paragraph (1) may make whatever other amendments to the order the court considers appropriate in relation to a requirement imposed by the order.

Amendment on change of area of residence

9

• (1) This paragraph applies where, on an application made in relation to a supervision order by the original applicant or the defaulter, the court is satisfied that the defaulter proposes to live, or is living, in the area of a youth offending team other than the team for the time being specified in the order.

• (2) If the application is made by the defaulter, the court may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one youth offending team for that area, whichever of them the court decides).

• (3) If the application is made by the original applicant, the court must amend the order in the way mentioned in sub-paragraph (2) (subject to sub-paragraph (5)).

• (4) Where a court amends the supervision order under sub-paragraph (2) or (3) but the order contains a requirement that, in the opinion of the court, cannot reasonably be complied with if the defaulter lives in the area referred to in sub-paragraph (1), the court must also amend the order by—

• (a) removing that requirement, or

• (b) substituting for that requirement a new requirement that can reasonably be complied with if the defaulter lives in that area.

• (5) Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result.

• (6) The original applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).

Revocation of supervision order

10

• (1) The original applicant or the defaulter may apply to a youth court—

• (a) to revoke a supervision order;

• (b) to amend a supervision order by removing a requirement from it.

• (2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the supervision order was made, the court may grant an application under sub-paragraph (1) and revoke or amend the order accordingly.

• (3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

• (4) If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without—

• (a) the consent of the court, or

• (b) the agreement of the other party.

• (5) The original applicant must consult the youth offending team for the time being specified in the supervision order before making an application under sub-paragraph (1).

Compliance with supervision order

11

If the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the officer must inform the original applicant.

Non-compliance with supervision order

12

• (1) If the responsible officer considers that the defaulter has failed to comply with a requirement of the supervision order, the officer must inform the original applicant.

• (2) On being informed under sub-paragraph (1) the original applicant may apply to a youth court.

• (3) Before making an application under sub-paragraph (2) the original applicant must—

• (a) consult the youth offending team for the time being specified in the order;

• (b) inform any other body or individual the original applicant thinks appropriate.

• (4) If on an application under sub-paragraph (2) the court is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with a requirement of the supervision order, the court may—

• (a) revoke the supervision order and make a new one;

• (b) revoke the order and make a detention order (see Part 3 of this Schedule).

• (5) The powers in sub-paragraph (4)—

• (a) may not be exercised after the defaulter reaches the age of 18;

• (b) are in addition to any other power of the court in relation to the breach of the supervision order.

• (6) The court must consider any representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph.

Copies of supervision order etc

13

• (1) A court that makes a supervision order must straight away provide a copy of the order to—

• (a) the defaulter;

• (b) the youth offending team for the time being specified in the order.

• (2) Where a supervision order is made, the original applicant must straight away provide a copy of so much of the order as is relevant—

• (a) in a case where the order includes an activity requirement specifying a place under paragraph 4(1)(a), to the person in charge of that place;

• (b) in a case where the order includes an activity requirement specifying an activity under paragraph 4(1)(b), to the person in charge of that activity;

• (c) in a case where the order includes an activity requirement specifying a residential exercise under paragraph 4(1)(c), to the person in charge of the place or activity specified under paragraph 4(5) in relation to that residential exercise;

• (d) in a case where the order contains an electronic monitoring requirement, to—

• (i) any person who by virtue of paragraph 6(4) will be responsible for the electronic monitoring, and

• (ii) any person without whose consent that requirement could not have been included in the order.

• (3) A court that revokes or amends a supervision order must straight away provide a copy of the revoking order, or of the order as amended, to—

• (a) the defaulter;

• (b) the youth offending team for the time being specified in the order.

• (4) Where—

• (a) a copy of a supervision order (or part of a supervision order) has been given to a person under sub-paragraph (2) by virtue of a requirement contained in the order, and

• (b) the order is revoked, or amended in respect of that requirement,

the original applicant must straight away give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person.

PART 3 — Detention orders

Detention orders

14

• (1) A detention order is an order that the person in respect of whom it is made (“the defaulter”) be detained for a period specified in the order in whatever youth detention accommodation the Secretary of State decides.

• (2) The period specified under sub-paragraph (1) may not exceed the period of 3 months (not counting the day on which the order is made).

• (3) In sub-paragraph (1) “youth detention accommodation” means—

• (a) a secure training centre;

• (b) a young offender institution;

• (c) secure accommodation, as defined by section 23(12) of the Children and Young Persons Act 1969.

• (4) The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.

• (5) A person detained under a detention order is in legal custody.

Revocation of detention order

15

• (1) Where a detention order is made, the original applicant or the defaulter may apply to a youth court to revoke it.

• (2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the detention order was made, the court may grant an application under sub-paragraph (1) and revoke the order accordingly.

• (3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

• (4) If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without—

• (a) the consent of the court, or

• (b) the agreement of the other party.

• (5) A person making an application under this paragraph in relation to a detention order made under paragraph 1 must before doing so consult any youth offending team specified in the injunction under section 3(1) or, if none is specified, the local youth offending team within the meaning of section 14.

• (6) A person making an application under this paragraph in relation to a detention order made under paragraph 12(4)(b) must before doing so consult the youth offending team for the time being specified in the relevant supervision order.

SCHEDULE 3 — Schedule to be inserted as Schedule 2A to the Housing Act 1985

SCHEDULE 4 — ASB case reviews: supplementary provision

PART 1 — Making and revising review procedures etc

Consultation: local policing bodies

1

• (1) In making and revising the review procedures, the relevant bodies in a local government area must consult the local policing body for the relevant police area.

• (2) The “relevant police area” is the police area which consists of, or includes, the local government area.

Consultation: local providers of social housing

2

In making and revising the review procedures, the relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate.

Dissatisfaction with ASB case reviews

3

The review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the relevant bodies have—

• (a) dealt with an application for an ASB case review, or

• (b) carried out an ASB case review.

Assessment and revision of review procedures

4

The review procedures must include provision about—

• (a) the assessment of the effectiveness of those procedures, and

• (b) the revision of those procedures.

PART 2 — Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

5

• (1) The responsible authorities in a local government area must make arrangements (“co-option arrangements”) for the inclusion of local providers of social housing among the relevant bodies in that area.

• (2) In this paragraph “responsible authorities” means—

• (a) in relation to a local government area in England—

• (i) the relevant district council or the unitary authority,

• (ii) the chief officer of police for the police area which that local government area is within, and

• (iii) each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area;

• (b) in relation to a local government area in Wales—

• (i) the council for the area,

• (ii) the chief officer of police for the police area which that local government area is within, and

• (iii) each Local Health Board whose area is wholly or partly within that local government area.

PART 3 — ASB case reviews

Consultation and co-operation: local providers of social housing

6

• (1) The relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate in carrying out ASB case reviews.

• (2) The local providers of social housing must co-operate with the relevant bodies in the local government area in any matters specified by the relevant bodies that concern ASB case reviews.

Information

7

• (1) The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review.

• (2) If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request.

• (3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request.

• (4) This paragraph does not require or authorise—

• (a) a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions, or

• (b) a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (5) Subject to that, a disclosure under this paragraph does not breach—

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

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

• (6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

PART 4 — General

Joint review procedures or co-option arrangements

8

• (1) The relevant bodies in two or more local government areas—

• (a) may jointly make review procedures applicable to those areas;

• (b) must secure that such jointly-made review procedures are in place if co-option arrangements applicable to those areas have been jointly made under sub-paragraph (2).

• (2) The responsible authorities in two or more local government areas—

• (a) may jointly make co-option arrangements applicable to those areas;

• (b) must secure that such jointly-made co-option arrangements are in place if review procedures applicable to those areas have been jointly made under sub-paragraph (1).

• (3) In a case where review procedures or co-option arrangements are made jointly in accordance with this paragraph, a reference to any of the following in section 104, section 105 or this Schedule is to be read accordingly—

• (a) the relevant bodies (in the case of review procedures) or the responsible authorities (in the case of co-option arrangements);

• (b) the local government area or the relevant police area (in either case).

Different review procedures or co-option arrangements for different parts of an area etc

9

• (1) Review procedures may make different provision in relation to different parts of a local government area.

• (2) Review procedures or co-option arrangements made jointly in accordance with paragraph 8 may make different provision in relation to—

• (a) different local government areas to which the procedures or arrangements are applicable, or

• (b) different parts of such areas.

SCHEDULE 5 — Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

Introduction

1

Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as set out in paragraphs 2 to 6.

Sexual harm prevention orders

2

After section 103 there is inserted—