Legalize / United Kingdom / Public General Act

Criminal Justice and Courts Act 2015

Type Public General Act

Publication 2015-02-12

Last updated 2026-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Schedule that is made by or under this Act.

(2) The power conferred by section 9(3) of the Special Immigration Appeals Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(5) Her Majesty may by Order in Council provide for an armed forces provision to extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(6) “Armed forces provision” means—

(a) an amendment or repeal made by or under this Act of a provision of the Armed Forces Act 2006;

(b) an amendment or repeal made by or under this Act of any other provision, so far as the provision is applied by the Armed Forces Act 2006.

Short title

98

This Act may be cited as the Criminal Justice and Courts Act 2015.

SCHEDULE 1

PART 1 — Sentence and release

Introduction

1

The Criminal Justice Act 2003 is amended as follows.

Sentence

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Offences of particular concern

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Release on licence to be directed by Parole Board

5

In section 244(1) (duty to release prisoners), after “243A” insert “ , 244A ”.

6

After section 244 insert—

(244A) (1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A. (2) The Secretary of State must refer P's case to the Board— (a) as soon as P has served the requisite custodial period, and (b) where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference. (3) It is the duty of the Secretary of State to release P on licence under this section as soon as— (a) P has served the requisite custodial period, and (b) the Board has directed P's release under this section. (4) The Board must not give a direction under subsection (3) unless— (a) the Secretary of State has referred P's case to the Board, and (b) the Board is satisfied that it is not necessary for the protection of the public that P should be confined. (5) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C). (6) For the purposes of this section— - “the appropriate custodial term” means the term determined as such by the court under section 236A; - “the requisite custodial period” means— 1. in relation to a person serving one sentence, one-half of the appropriate custodial term, and 2. in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

7

(1) Section 246 (power to release prisoners on licence before required to do so) is amended as follows.

(2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “ , 228 or 236A ”.

(3) In subsection (6), in the definition of “term of imprisonment” for “or 228” substitute “ , 228 or 236A ”.

PART 2 — Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)

8

In the Armed Forces Act 2006, after section 224 insert—

(224A) (1) This section applies where— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force), (b) the corresponding offence under the law of England and Wales is an offence listed in Schedule 18A to the 2003 Act, (c) the person was aged 18 or over when the offence was committed, and (d) the court does not impose one of the following for the offence— (i) a sentence of imprisonment for life, or (ii) an extended sentence of imprisonment under section 226A of the 2003 Act (as applied by section 219A of this Act). (2) If the court imposes a sentence of imprisonment for the offence, section 236A(2) to (4) of the 2003 Act apply in relation to the term of the sentence. (3) The references in subsections (1)(d) and (2) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it. (4) In Schedule 18A to the 2003 Act, as applied by this section, the reference in paragraph 24 to section 30 of the Counter-Terrorism Act 2008 is to be read as a reference to section 32 of that Act.

PART 3 — Transitional and transitory provision

Application of new provisions about special custodial sentences

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(1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

(2) Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

Detention in a young offender institution

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PART 4 — Consequential provision

Road Traffic Offenders Act 1988 (c. 53)

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(1) Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows.

(2) In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”.

(3) After paragraph (f) insert—

(fa) in the case of a sentence under section 236A of that Act (special custodial sentence for certain offenders of particular concern), a period equal to half of the term imposed pursuant to section 236A(2)(a) of that Act;

Crime (Sentences) Act 1997 (c. 43)

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(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

(2) In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”.

(3) In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.

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

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Criminal Justice Act 2003 (c. 44)

14

The Criminal Justice Act 2003 is amended as follows.

15

(1) Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

(2) In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”.

(3) In subsection (1B)—

(a) omit “and” at the end of paragraph (c), and

(b) at the end insert

, and (e) references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.

(4) In subsection (3), for “or 227” substitute “ , 227 or 236A ”.

16

In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.

17

(1) Section 250 (licence conditions) is amended as follows.

(2) In subsection (4)—

(a) for “or 227” substitute “ , 227 or 236A ”, and

(b) for “or 228” substitute “ , 228 or 236A ”.

(3) In subsection (5A) (inserted by section 15 of this Act)—

(a) for “to a prisoner” substitute

to— (a) a prisoner

, and

(b) at the end insert

, or (b) a prisoner serving a sentence imposed under section 236A.

18

In section 256AA(1) (supervision after end of sentence of prisoners serving less than 2 years), after paragraph (b) (but before “or”) insert—

(ba) the sentence was imposed under section 236A,

19

In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.

20

(1) Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

(2) In subsection (2A), after “226B” insert “ or a sentence under section 236A ”.

(3) In subsection (5), after “244” insert “ , 244A ”.

21

In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.

22

In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.

23

(1) Section 264 (consecutive terms) is amended as follows.

(2) For subsection (6) substitute—

(6) In this section “custodial period” means— (a) in relation to an extended sentence imposed under section 226A or 226B, two-thirds of the appropriate custodial term determined by the court under that section, (b) in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section, (c) in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and (d) in relation to any other sentence, one-half of the sentence.

(3) In subsection (7), for “or 228” substitute “ , 228 or 236A ”.

24

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Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

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(1) Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows.

(2) In subsection (2), after paragraph (b) (but before “or”) insert—

(ba) a section 236A prisoner,

(3) In subsection (3), before paragraph (b) insert—

(ab) amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),

(4) In subsection (6), at the end insert—

“section 236A prisoner” means a prisoner who is serving a sentence under section 236A of the Criminal Justice Act 2003 (including one imposed as a result of section 224A of the Armed Forces Act 2006).

SCHEDULE 2

Crime (Sentences) Act 1997 (c. 43)

1

In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences), for subsection (3) substitute—

(3) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except— (a) in accordance with recommendations of the Parole Board, or (b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).

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

2

(1) Section 62 of the Criminal Justice and Court Services Act 2000 (release on licence etc: conditions as to monitoring) is amended as follows.

(2) Omit subsection (3).

(3) In the heading of that section, for “conditions as to monitoring” substitute “ electronic monitoring conditions ”.

Criminal Justice Act 2003 (c. 44)

3

The Criminal Justice Act 2003 is amended as follows.

4

(1) Section 250(4) (licence conditions) is amended as follows.

(2) After paragraph (a) (but before “and”) insert—

(aa) must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,

(3) In paragraph (b)(i), after “any” insert “ other ”.

5

(1) Section 253 (curfew condition for licence under section 246, 255B or 255C) is amended as follows.

(2) In subsection (1), for “requirements for securing the” substitute “ a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to ”.

(3) Omit subsection (5).

6

In section 256B(7) (supervision after release of certain young offenders serving less than 12 months: requirements that may be imposed), in paragraphs (a) and (b), for “for securing the” substitute “ to submit to ”.

SCHEDULE 3

Mental Health Act 1983 (c. 20)

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Criminal Justice Act 2003 (c. 44)

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Domestic Violence, Crime and Victims Act 2004 (c. 28)

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Offender Management Act 2007 (c. 21)

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Coroners and Justice Act 2009 (c. 25)

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Equality Act 2010 (c. 15)

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SCHEDULE 4

Excluded health care

1

(1) For the purposes of section 20, “excluded health care” means—

(a) health care provided on the premises of an educational institution listed in paragraph 3, subject to sub-paragraph (2);

(b) health care provided at accommodation provided by an educational institution listed in paragraph 3 for an individual being educated at the institution, other than accommodation provided in connection with a residential trip away from the institution;

(c) health care provided at a children's home or a residential family centre in respect of which a person is registered under Part 2 of the Care Standards Act 2000;

(ca) health care provided at a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—

(i) a care home service wholly or mainly to children, ...

(ii) a residential family centre service; or

(iii) a secure accommodation service;

(d) health care provided on a part of other premises at a time when the part is being used entirely or mainly for an education or childcare purpose;

subject to sub-paragraph (3).

(2) Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used—

(a) is not connected with the operation of the institution, and

(b) is not an education or childcare purpose.

(3) Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.

Use “for an education or childcare purpose”

2

A part of premises is used “for an education or childcare purpose” when it is used—

(a) for the purposes of education provided for an individual being educated at an educational institution listed in paragraph 3 in circumstances in which the institution requires the individual to attend at the premises for that purpose;

(b) for the purposes of education provided for a child of compulsory school age under section 19 or 19A of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (provision of education in cases of illness, exclusion etc);

(c) for the purposes of education provided for a child of compulsory school age as required by section 7 of the Education Act 1996, otherwise than by regular attendance at an educational institution listed in paragraph 3;

(d) for the purposes of early years provision or later years provision provided in England by a person who is registered, or required to be registered, to provide such provision under Part 3 of the Childcare Act 2006;

(e) for the purposes of later years provision provided in England for a child who is aged 8 or over in circumstances in which a requirement to register would arise under Part 3 of the Childcare Act 2006 if the child were aged under 8;

(f) for the purposes of childminding or day care provided in Wales by a person who is registered, or is required to be registered, to provide such care under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

(g) for the purposes of a holiday scheme for disabled children in England carried on or managed by a person who is registered to carry on or manage such schemes, or required to be so registered, under Part 2 of the Care Standards Act 2000.

Educational institutions

3

The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2) and 2(a) and (c) are—

(a) a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998);

(b) a maintained nursery school (as defined in section 22(9) of the Schools Standards and Framework Act 1998);

(c) an independent school (as defined in section 463 of the Education Act 1996) entered on a register of independent schools kept under section 158 of the Education Act 2002;

(d) an independent educational institution (as defined in section 92(1) of the Education and Skills Act 2008) entered on a register of independent educational institutions kept under section 95 of that Act;

(e) a school approved under section 342 of the Education Act 1996 (non-maintained special schools);

(f) a pupil referral unit (as defined in section 19 sections 19 and 19A of the Education Act 1996);

(g) an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010);

(h) a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010);

(i) a sixth form college (as defined in section 91(3A) of the Further and Higher Education Act 1992);

(j) a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014).

Definitions

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In this Schedule—

“care home service” has the meaning given in paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;

“childminding” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

“children's home” has the meaning given in section 1 of the Care Standards Act 2000;

“day care” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

“early years provision” has the meaning given in section 96 of the Childcare Act 2006;

“education”—does not include higher education;includes vocational, social, physical and recreational training;

“health care” has the same meaning as in section 20;

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

“hospital”—in relation to England, has the same meaning as in section 275 of the National Health Service Act 2006, andin relation to Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006;

“later years provision” has the meaning given in section 96 of the Childcare Act 2006;

“premises”, in relation to an educational institution, includes detached playing fields but does not include land occupied solely as a dwelling by a person employed at the institution;

“residential family centre” has the meaning given in section 4 of the Care Standards Act 2000.

“residential family centre service” has the meaning given in paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.

“secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.

SCHEDULE 5

Mental Health Act 1983 (c. 20)

1

In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a) in paragraph (za), after “section” insert “ 1(2B) or ”, and

(b) in paragraph (aa), after “section” insert “ 139(6B), 139A(5B) or ”.

Criminal Justice Act 1988 (c. 33)

2

In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—

(a) in sub-paragraph (zi), after “section” insert “ 1(2B) or ”, and

(b) in sub-paragraph (ia), after “section” insert “ 139(6B), 139A(5B) or ”.

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

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Criminal Justice Act 2003 (c. 44)

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The Criminal Justice Act 2003 is amended as follows.

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Coroners and Justice Act 2009 (c. 25)

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SCHEDULE 6

Road Traffic Act 1988 (c. 52)

1

(1) Section 3ZB of the Road Traffic Act 1988 (causing death by driving: unlicensed, disqualified or uninsured drivers) is amended as follows.

(2) Omit paragraph (b) (but not the “or” at the end).

(3) In the heading, omit “, disqualified”.

Road Traffic Offenders Act 1988 (c. 53)

2

The Road Traffic Offenders Act 1988 is amended as follows.

3

(1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In subsection (A2)—

(a) after paragraph (b) insert—

(ba) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), (bb) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers),

(3) In the table in subsection (1), at the appropriate place insert—

Section 3ZC (causing death by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)
Section 3ZD (causing serious injury by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)

4

In section 34(4)(a) (disqualification for certain offences), after sub-paragraph (iia) insert—

(iib) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or (iic) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers), or

5

(1) Section 36(2) (disqualification until test is passed) is amended as follows.

(2) At the end of paragraph (a) omit “or”.

(3) For paragraph (b) substitute—

(b) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), (c) an offence under section 1A of that Act (causing serious injury by dangerous driving), (d) an offence under section 2 of that Act (dangerous driving), (e) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or (f) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).

6

In section 45 (effect of endorsement of counterparts), for subsection (6) substitute—

(6) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction— (a) section 1 (causing death by dangerous driving), (b) section 1A (causing serious injury by dangerous driving), (c) section 2 (dangerous driving), (d) section 3ZC (causing death by driving: disqualified drivers), or (e) section 3ZD (causing serious injury by driving: disqualified drivers).

7

In section 45A (effect of endorsement of driving records), for subsection (4), as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), substitute—

(4) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction— (a) section 1 (causing death by dangerous driving), (b) section 1A (causing serious injury by dangerous driving), (c) section 2 (dangerous driving), (d) section 3ZC (causing death by driving: disqualified drivers), or (e) section 3ZD (causing serious injury by driving: disqualified drivers).

8

(1) The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

(2) In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second column omit “, disqualified”.

(3) After that entry insert—

RTA section 3ZC	Causing death by driving: disqualified drivers	Section 11 of this Act.
RTA section 3ZD	Causing serious injury by driving: disqualified drivers	Sections 11 and 12(1) of this Act.

9

In the table in Part 1 of Schedule 2 (prosecution and punishment of offences under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic Act 1988, in column 2 omit “, disqualified”.

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

10

(1) Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.

(2) In sub-paragraph (ca) omit “, disqualified”.

(3) After that sub-paragraph insert—

(cb) section 3ZC (causing death by driving: disqualified drivers), (cc) section 3ZD (causing serious injury by driving: disqualified drivers),

Criminal Justice Act 2003 (c. 44)

11

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for the purposes of sentencing dangerous offenders), after paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—

(48A) An offence under section 3ZC of that Act (causing death by driving: disqualified drivers).

Coroners and Justice Act 2009 (c. 25)

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(1) In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in the definition of “homicide offence”, paragraph (b) is amended as follows.

(2) In sub-paragraph (iii) omit “, disqualified”.

(3) After that sub-paragraph insert—

(iiia) section 3ZC (causing death by driving: disqualified drivers);

SCHEDULE 7

PART 1 — Further provision

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

1

Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.

2

(1) Section 54 (road traffic offences in UK: application of section 55) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “Schedule 3” insert “ or Part 1 of Schedule 3A ”, and

(b) in paragraph (b), for “that Schedule” substitute “ Schedule 3 or Part 2 of Schedule 3A ”.

(3) For subsection (3) substitute—

(3) The minimum period is— (a) for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period; (b) for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period; (c) for any other offence, a period of six months.

(4) After that subsection insert—

(3A) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded— (a) section 35A or 35C of the Road Traffic Offenders Act 1988; (b) section 248D of the Criminal Procedure (Scotland) Act 1995; (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000. (3B) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded— (a) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)); (b) Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)); (c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

(5) After subsection (5) insert—

(6) The Secretary of State may by regulations amend Schedule 3. (7) The Department may by regulations amend Schedule 3A.

3

(1) Section 55 (duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.

(2) For the heading substitute “ Duty to give notice to Republic of Ireland of UK driving disqualification ”.

(3) In subsection (1), for “the State in which the offender is normally resident” substitute “ the Republic of Ireland ”.

(4) In subsection (2)(f), for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.

(5) In subsection (9)—

(a) in paragraph (b), for “the State mentioned in subsection (1)” substitute “ the Republic of Ireland ”, and

(b) for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.

4

For the italic heading before section 56 substitute “ Road traffic offences in Republic of Ireland ”.

5

(1) Section 56 (road traffic offences in Republic of Ireland: application of section 57) is amended as follows.

(2) For subsection (2) substitute—

(2) The driving disqualification condition is met— (a) in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence; (b) in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.

(3) In subsection (3)—

(a) for “a State” substitute “ the Republic of Ireland ”,

(b) for “in that State” substitute “ there ”, and

(4) For subsection (4) substitute—

(4) The minimum period is— (a) for an offence in relation to which the Secretary of State has by regulations specified a period of less than six months, that period; (b) for any other offence, a period of six months.

(5) Omit subsection (5).

(6) In subsection (6), for “the part of the United Kingdom in which the offender is normally resident” substitute “ the relevant part of the United Kingdom ”.

(7) After that subsection insert—

(6A) In subsection (6), “the relevant part of the United Kingdom” means— (a) where the offender was normally resident in the United Kingdom when convicted, the part of the United Kingdom in which the offender was normally resident at that time; (b) where the offender was not normally resident in the United Kingdom when convicted but held a Great Britain licence or a Northern Ireland licence, the part of the United Kingdom in which the offender was last normally resident before conviction.

(8) Omit subsection (7).

(9) In subsection (8)—

(a) for “treating” substitute “ about when ”,

(b) after the first “United Kingdom” insert “ are to be treated for the purposes of this section ”, and

(10) After subsection (9) insert—

(10) The Secretary of State may by regulations amend Schedule 3B.

6

(1) Section 57 (recognition in United Kingdom of foreign driving disqualification) is amended as follows.

(2) In the heading, for “foreign” substitute “ Republic of Ireland ”.

(3) In the following provisions, for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ”

(a) subsection (1)(a);

(b) subsection (2) (in both places);

(d) subsection (5)(b);

(e) subsection (6);

(f) subsection (8) (in both places).

(4) In subsection (1)(a) and (b), for “one month” substitute “ three months ”.

(5) In subsection (2)(b), for “the State in which the offender was convicted” substitute “ the Republic of Ireland ”.

(6) In subsection (3)—

(a) for “a State” substitute “ the Republic of Ireland ”, and

(b) for “in that State” substitute “ there ”.

7

In section 58(1)(a) and (b) (notice under section 57), for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ”.

8

(1) Section 63 (production of licence: Great Britain) is amended as follows.

(2) In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Department ”.

(3) Omit subsection (5).

9

(1) Section 64 (production of licence: Northern Ireland) is amended as follows.

(2) In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Secretary of State ”.

(3) Omit subsection (5).

10

In section 65(3) (production of licence: Community licence holders), for the words from “the same” to the end substitute “ the Republic of Ireland ”.

11

In section 68 (endorsement of licence: Great Britain), for subsection (1) substitute—

(1) This section applies where a person who— (a) is normally resident in Great Britain, or (b) is not normally resident in Great Britain but holds a Great Britain licence, is disqualified by virtue of section 57.

12

In section 69 (endorsement of licence: Northern Ireland), for subsection (1) substitute—

(1) This section applies where a person who— (a) is normally resident in Northern Ireland, or (b) is not normally resident in Northern Ireland but holds a Northern Ireland licence, is disqualified by virtue of section 57.

13

In section 70(1) (duty of appropriate Minister to inform competent authority)—

(a) for “any State” substitute “ the Republic of Ireland ”, and

(b) for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.

14

(1) Section 72 (regulations: Great Britain) is amended as follows.

(2) In subsection (2), at the end insert “ , subject to subsection (2A) ”.

(3) After subsection (2) insert—

(2A) A statutory instrument containing regulations under section 54(6), 56(10) or 71A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

15

(1) Section 73 (regulations: Northern Ireland) is amended as follows.

(2) In subsection (2), at the end insert “ , subject to subsection (2A) ”.

(3) After subsection (2) insert—

(2A) Regulations made under section 54(7) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

16

(1) Section 74(1) (interpretation) is amended as follows.

(2) For the definition of “central authority” substitute—

“central authority” means an authority designated by the Republic of Ireland as a central authority for the purposes of the specified agreement on driving disqualifications;

(3) For the definition of “competent authority” substitute—

“competent authority” means an authority which is a competent authority in relation to the Republic of Ireland for the purposes of the specified agreement on driving disqualifications;

(4) Omit the definition of “the convention on driving disqualifications”.

(5) In the definition of “disqualified”, after “and” insert “ , except in section 71A, ”.

(6) Omit the definition of “foreign disqualification”.

(7) At the end insert—

“Republic of Ireland disqualification” means the disqualification mentioned in section 56; “Republic of Ireland licence” means a licence to drive a motor vehicle granted under the law of the Republic of Ireland, including a learner permit.

17

In section 74(2) (interpretation of references to disqualification for life), for “foreign disqualification” substitute “ Republic of Ireland disqualification ”.

18

In section 74, at the end insert—

(3) For the purposes of this Chapter, an individual is normally resident in, or in a part of, the United Kingdom, in Great Britain, in Northern Ireland or in the Republic of Ireland if his or her normal residence, as defined in Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20th December 2006 on driving licences, is there.

19

(1) Schedule 3 (offences for the purposes of section 54) is amended as follows.

(2) In the heading, at the end insert “ : Great Britain ”.

(3) In paragraph 1, for sub-paragraph (2) substitute—

(2) Driver” has the same meaning as in the Road Traffic Act 1988.

(4) In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))”.

(5) In paragraph 3—

(a) omit “or Articles of the Road Traffic (Northern Ireland) Order 1995”,

(b) in sub-paragraph (a), omit “or Article 9”,

(d) in sub-paragraph (c), omit “or Article 12”,

(e) in sub-paragraph (d), omit “or Article 14”,

(f) in sub-paragraph (e), omit “or Article 15”,

(g) in sub-paragraph (f), omit “or Article 16”,

(h) in sub-paragraph (g), omit “or Article 17”, and

(i) in sub-paragraph (h), omit “or Article 18”.

(6) In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”.

(7) In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern Ireland) Order 1981”.

(8) In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))”.

20

After Schedule 3 insert—

SCHEDULE 3A (1) (1) Manslaughter by the driver of a motor vehicle. (2) “Driver” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)). (2) An offence under Article 168A(1)(c) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving while disqualified). (3) An offence under Article 175(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after accident and give particulars or report of accident). (4) An offence under any of the following Articles of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))— (a) Article 9 (causing death or grievous bodily injury by dangerous driving), (b) Article 10 (dangerous driving), (c) Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving), (d) Article 12 (careless, and inconsiderate, driving), (e) Article 12B (causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers), (f) Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), (g) Article 15 (driving, or being in charge, when under the influence of drink or drugs), (h) Article 16 (driving, or being in charge, of a motor vehicle with alcohol concentration above prescribed limit), (i) Article 17 (failing to provide a specimen of breath for a breath test), or (j) Article 18 (failing to provide a specimen for analysis or laboratory test). (5) An offence under Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)) (exceeding speed limit). (6) An offence which— (a) is mentioned in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)), but (b) is not an offence mentioned in Part 1 of this Schedule.

21

After Schedule 3A insert—

SCHEDULE 3B (1) An offence arising from— (a) reckless or dangerous driving, whether or not resulting in death, injury or serious risk, (b) wilful failure to carry out the obligations placed on drivers after being involved in road accidents, (c) driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver, (d) refusal to submit to alcohol and drug tests, (e) driving a vehicle faster than the permitted speed, or (f) driving a vehicle while disqualified. (2) An offence arising from conduct which is a road traffic offence that is not mentioned in Part 1 of this Schedule.

Coroners and Justice Act 2009 (c. 25)

22

In Schedule 21 to the Coroners and Justice Act 2009 (consequential amendments), omit paragraph 93 (uncommenced amendment of section 54 of the Crime (International Co-operation) Act 2003).

PART 2 — Transition from EU Convention to new agreement

Transitional period

23

In this Part of this Schedule, “the transitional period” means the period—

(a) beginning with 1 December 2014, and

(b) ending with the day before the first day on which—

(i) section 31(2) to (5) are in force,

(ii) the Secretary of State has specified an agreement under section 71A of the Crime (International Co-operation) Act 2003 (“the 2003 Act”), and

(iii) that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24

During the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—

(a) are not required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),

(b) are not required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and

(c) are not required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57).

25

Paragraphs 23 and 24 are to be treated as having come into force on 1 December 2014.

Application of duties and powers to give notices after the transitional period

26

After the end of the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—

(a) are required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),

(b) are required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and

(c) are required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57),

only in a case in which the offence referred to in section 54(1) or 56(1) of the 2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

27

The amendments made by section 31 and Part 1 of this Schedule do not have effect in relation to a case in which a notice was given to an offender under section 57 of the 2003 Act before 1 December 2014.

SCHEDULE 8

England and Wales service providers: extension of liability

1

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

Non-UK service providers: restriction on institution of proceedings

2

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

Exceptions for mere conduits

3

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

Exception for caching

4

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

Exception for hosting

5

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

Interpretation

6

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

SCHEDULE 9

Prison Act 1952 (c. 52)

1

The Prison Act 1952 is amended as follows.

2

In section 37(4) (closing of prisons etc), for “or secure training centre” substitute “ , secure training centre or secure college ”.

3

(1) Section 47 (rules for the management of prisons etc) is amended as follows.

(2) In subsection (1), for “or secure training centres respectively” substitute “ , secure training centres or secure colleges ”.

(3) In subsection (1A)(a), after “secure training centres” insert “ , secure colleges ”.

(4) In subsection (4A)—

(a) for “the inspection of secure training centres and” substitute

— (a) the inspection of secure training centres and secure colleges, and (b)

(b) for “visit secure training centres” substitute “ visit them ”, and

(5) In subsection (5), for “or secure training centre” substitute “ , secure training centre or secure college ”.

(6) For the heading of that section substitute “ Rules for the management of prisons and places for the detention of young offenders ”.

4

In section 49(5) (persons unlawfully at large: definition of “youth detention accommodation”), after paragraph (b) (but before “or”) insert—

(ba) a secure college;

Criminal Justice Act 1961 (c. 39)

5

The Criminal Justice Act 1961 is amended as follows.

6

In section 23(4) (prison rules), after “a young offender institution” insert “ , a secure college, ”.

7

In section 38(3)(a) (construction of references to sentence of imprisonment etc)—

(a) for “young offenders” substitute “ young offender ”, and

(b) after “secure training centre” insert “ or secure college ”.

Criminal Justice Act 1982 (c. 48)

8

(1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows.

(2) In subsection (1)(a)—

(a) omit “under section 225 of the Criminal Justice Act 2003”, and

(b) omit “under section 226A or 227 of that Act”.

(3) For subsection (1A) substitute—

(1A) In this section— (a) references to a sentence of imprisonment include a sentence of detention (other than a sentence of service detention within the meaning of the Armed Forces Act 2006), including a detention and training order and an order under section 211 of the Armed Forces Act 2006; (b) references to a sentence of imprisonment for life include custody for life and detention at Her Majesty's pleasure; (c) references to a sentence of imprisonment for public protection are to a sentence under section 225 or 226 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219 or 221 of the Armed Forces Act 2006; (d) references to an extended sentence are to a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006; (e) references to prison include youth detention accommodation (within the meaning of section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000).

(4) In subsection (6), omit “not within subsection (5) above”.

(5) After subsection (6) insert—

(6A) Subsection (6) does not apply— (a) where the person is within subsection (5), or (b) where the sentence is a detention and training order or a sentence under section 211 of the Armed Forces Act 2006.

(6) Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)

9

In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), for the words from “remand centre” to “secure training centre” substitute “ young offender institution, secure training centre or secure college ”.

Water Industry Act 1991 (c. 56)

10

In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment of a charge)—

(a) in paragraph (b), omit the words from “within” to “, or”, and

(b) after that paragraph insert—

(ba) a secure college, or

Prisoners (Return to Custody) Act 1995 (c. 16)

11

In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release), after “secure training centre” insert “ or secure college ”.

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

12

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

Children Act 2004 (c. 31)

13

The Children Act 2004 is amended as follows.

14

In section 11(1) (arrangements to safeguard and promote welfare), after paragraph (l) insert—

(la) the principal of a secure college in England;

15

In section 13(3) (establishment of Local Safeguarding Children Boards), after paragraph (i) insert—

(ia) the principal of a secure college in the area of the authority;

16

In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or prison” insert “ or the principal of a secure college ”.

17

In section 25(4A) (co-operation to improve well-being: Wales)—

(a) for “Crown or” substitute “ Crown, ” and

(b) after “director)” insert “ or the principal of a secure college ”.

18

In section 28(1) (arrangements to safeguard and promote welfare: Wales), after paragraph (h) insert—

(ha) the principal of a secure college in Wales;

19

In section 31(3) (establishment of Local Safeguarding Children Boards in Wales), after paragraph (f) insert—

(fa) the principal of a secure college in the area of the authority;

20

In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales), after “or prison” insert “ or the principal of a secure college ”.

Childcare Act 2006 (c. 21)

21

In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—

(a) in paragraph (a), omit “or”,

(b) at the end of paragraph (b), insert “ , or ”, and

(c) a secure college.

Education and Inspections Act 2006 (c. 40)

22

(1) Section 146 of the Education and Inspections Act 2006 (inspection of secure training centres) is amended as follows.

(2) In the heading, after “secure training centres” insert “ and secure colleges ”.

(3) In subsection (1), after “secure training centres” insert “ and secure colleges ”.

(4) Omit subsection (3).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

23

In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (relevant duty of care), in the definition of “custodial institution”, after “secure training centre,” insert “ a secure college, ”.

Offender Management Act 2007 (c. 21)

24

The Offender Management Act 2007 is amended as follows.

25

In section 1(4) (meaning of “the probation purposes”), in the definition of “prison”, for “and a secure training centre” substitute “ , a secure training centre and a secure college ”.

26

In section 14(5)(a) (disclosure)—

(a) in sub-paragraph (i), omit “and”,

(b) in sub-paragraph (ii), at the end insert “ and ”, and

(iii) secure colleges or persons detained in them;

Policing and Crime Act 2009 (c. 26)

27

In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention orders), after paragraph (a) insert—

(aa) a secure college;

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

28

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

29

In section 102(2) (definition of “youth detention accommodation” for the purposes of remand), after paragraph (a) insert—

(aa) a secure college,

30

In section 103(1) (arrangements for remand), for “the accommodation in secure children's homes, or accommodation within section 102(2)(d), of” substitute “ the provision of accommodation of a kind listed in section 102(2) for ”.

Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)

31

(1) Section 4 of the Prisons (Interference with Wireless Telegraphy) Act 2012 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of “relevant institution”, after paragraph (d) insert—

(e) a secure college in England or Wales;

(3) In subsection (2), after paragraph (b) insert—

(ba) in the case of a secure college in England or Wales, its principal;

32

(1) The Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2) In the English language text of section 134(8) (Safeguarding Children Boards and Safeguarding Adults Boards)—

(a) for “Crown or” substitute “ Crown, ”, and

(b) after “director)” insert “ or the principal of a secure college ”.

(3) In the Welsh language text of that provision—

(a) for “Goron na” substitute “ Goron, ”, and

(b) after “cyfarwyddwr)” insert “ na phennaeth coleg diogel ”.

(4) In the English language text of section 188(1) (interpretation of sections 185 to 187), in the definition of “youth detention accommodation”, after paragraph (b) insert—

(ba) a secure college;

(5) In the Welsh language text of that provision, in the definition of “llety cadw ieuenctid”, after paragraph (b) insert—

(ba) coleg diogel;

SCHEDULE 10

PART 1 — Contracting out provision and running of secure colleges

Power to contract out

1

(1) The Secretary of State may enter into a contract with another person for the other person to do either or both of the following—

(a) provide a secure college or part of such a college;

(b) run a secure college or part of such a college.

(2) The contract may provide for the running of the secure college, or the part of the college, to be sub-contracted.

(3) In this Schedule—

“contracted-out secure college” means a secure college or part of a secure college in respect of which a contract under this Part of this Schedule is for the time being in force;

“the contractor”, in relation to a contracted-out secure college, means the person who has contracted with the Secretary of State for the provision or running (or both) of the college;

“sub-contractor”, in relation to a contracted-out secure college, means a person who has contracted with the contractor for the running of the college or any part of it.

Running a contracted-out secure college

2

A contracted-out secure college must be run in accordance with—

(a) this Schedule,

(b) the Prison Act 1952 as it applies to contracted-out secure colleges by virtue of section 43 of that Act and this Schedule, and

Leases and tenancies of land

3

(1) Where the Secretary of State grants a lease or tenancy of land for the purposes of a contract under this Part of this Schedule, none of the following enactments apply to the lease or tenancy—

(a) Part 2 of the Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);

(d) the Landlord and Tenant Act 1988 (consent to assigning etc);

(e) the Agricultural Holdings Act 1986.

(2) In this paragraph—

“lease” includes an underlease;

“tenancy” includes a sub-tenancy.

Principal

4

(1) The principal of a contracted-out secure college must be a secure college custody officer who is—

(a) appointed by the contractor, and

(b) specially approved for the purposes of this paragraph by the Secretary of State.

(2) The principal has the functions conferred on the principal by—

(a) the Prison Act 1952 as it applies to contracted-out secure colleges, and

(b) secure college rules.

Monitor

5

(1) Every contracted-out secure college must have a monitor.

(2) The monitor must be a Crown servant appointed by the Secretary of State.

(3) The monitor must—

(a) keep the running of the secure college by or on behalf of the principal under review,

(b) investigate any allegations made against secure college custody officers performing custodial duties at the secure college or officers of directly managed secure colleges who are temporarily attached to the secure college, and

(4) The monitor also has the other functions conferred on the monitor by secure college rules.

(5) The contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the monitor of the functions described in this paragraph.

(6) They may do so by giving directions to officers of the secure college or otherwise.

Officers

6

(1) Section 8 of the Prison Act 1952 (powers of prison officers) does not apply in relation to officers of a contracted-out secure college.

(2) Sub-paragraph (1) does not affect the powers of an officer of a directly managed secure college who is temporarily attached to a contracted-out secure college.

Officers who perform custodial duties

7

Every officer of a contracted-out secure college who performs custodial duties at the college must be—

(a) a secure college custody officer, or

(b) an officer of a directly managed secure college who is temporarily attached to the contracted-out secure college.

8

A secure college custody officer performing custodial duties at a contracted-out secure college has the following duties in relation to persons detained there—

(a) to prevent their escape from lawful custody,

(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts,

(d) to attend to their well-being.

9

(1) A secure college custody officer performing custodial duties at a contracted-out secure college may search the following in accordance with secure college rules—

(a) a person who is detained in the secure college,

(b) any other person who is in the secure college or who is seeking to enter the secure college, and

(2) The power under sub-paragraph (1)(b) does not include power to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).

10

If authorised to do so by secure college rules, a secure college custody officer may use reasonable force where necessary in carrying out functions under paragraph 8 or 9.

11

(1) This paragraph applies where a secure college custody officer performing custodial duties at a contracted-out secure college has reason to believe that a person who is in the college or seeking to enter the college, other than a person detained there, is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952.

(2) The officer may require the person to wait with the officer for the arrival of a constable for such period as is necessary, except that the person may not be required to wait for longer than 2 hours.

(3) The officer may use reasonable force to prevent the person from making off during that period.

(4) A person who makes off during that period is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) In sub-paragraph (1), the reference to an offence under any of sections 39 to 40D of the Prison Act 1952 (a “1952 Act offence”) includes—

(a) an offence of attempting to commit a 1952 Act offence,

(b) an offence of conspiracy to commit a 1952 Act offence, and

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a 1952 Act offence is the offence which the person intended or believed would be committed.

Intervention by Secretary of State

12

(1) This paragraph applies where it appears to the Secretary of State that—

(a) the principal of a contracted-out secure college has lost effective control of the secure college or a part of it or is likely to do so, and

(b) it is necessary for the Secretary of State to exercise the power under sub-paragraph (2) in the interests of preserving a person's safety or preventing serious damage to property.

(2) The Secretary of State may appoint a Crown servant (the “appointed person”) to act as principal of the secure college for the period—

(a) beginning at the time specified in the appointment, and

(b) ending at the time specified in the notice of termination under sub-paragraph (4).

(3) During that period—

(a) all of the functions of the principal or monitor are to be carried out by the appointed person,

(b) the contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the appointed person of those functions, and

(c) the officers of the secure college must comply with any directions given by the appointed person in carrying out those functions.

(4) The Secretary of State must, by notice to the appointed person, terminate the person's appointment if satisfied that—

(a) the person has secured effective control of the secure college or, as the case may be, the relevant part of it, and

(b) the person's appointment is no longer necessary as mentioned in sub-paragraph (1)(b).

(5) The Secretary of State must—

(a) give notice of an appointment under this paragraph to the persons listed in sub-paragraph (6) as soon as practicable after making the appointment, and

(b) give a copy of a notice of termination of such an appointment to those persons as soon as practicable after terminating it.

(6) Those persons are—

(a) the contractor,

(b) any sub-contractor,

(d) the monitor.

Obstruction etc of secure college custody officers

13

(1) A person who resists or wilfully obstructs a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

14

(1) A person who assaults a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

15

(1) A person who is or has been employed at a contracted-out secure college (whether as a secure college custody officer or otherwise) commits an offence if the person discloses information—

(a) which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention accommodation.

(2) It is not an offence under this paragraph for a person to disclose information—

(a) in the course of the person's duty, or

(b) when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(4) In relation to an offence committed before 2 May 2022, the reference in sub-paragraph (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

PART 2 — Certification of secure college custody officers

Meaning of “secure college custody officer”

16

In this Schedule, “secure college custody officer” means a person in respect of whom a certificate under this Part of this Schedule is for the time being in force certifying that the person has been approved by the Secretary of State for the purposes of performing custodial duties at secure colleges.

Issue of certificate

17

(1) The Secretary of State may, on an application by a person, issue a certificate in respect of the person if satisfied that the person—

(a) is a fit and proper person to perform custodial duties at secure colleges, and

(b) has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.

(2) The certificate must state that it is to cease to be in force on a date or on the occurrence of an event.

(3) Once issued, the certificate continues in force until that date or event, subject to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18

(1) This paragraph applies where—

(a) in the case of a secure college custody officer performing custodial duties at a contracted-out secure college, it appears to the monitor of the college that the officer is not a fit and proper person to perform such duties at secure colleges, or

(b) in the case of a secure college custody officer performing contracted-out functions at a directly managed secure college, it appears to the principal of the college that the officer is not a fit and proper person to perform custodial duties at secure colleges.

(2) The monitor or principal may—

(a) refer the matter to the Secretary of State for a decision under paragraph 19, and

(b) in circumstances prescribed by regulations made by the Secretary of State, suspend the officer's certificate pending that decision.

(3) Regulations under this paragraph may—

(a) prescribe different circumstances for different cases;

(b) include transitional, transitory or saving provision.

(4) Regulations under this paragraph are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

19

Where it appears to the Secretary of State that a secure college custody officer is not a fit and proper person to perform custodial duties at secure colleges, the Secretary of State may revoke the officer's certificate.

PART 3 — Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20

(1) The Secretary of State may enter into a contract with another person for functions to be carried out at a directly managed secure college by secure college custody officers provided by that person.

(2) In this Schedule, “contracted-out functions” means any functions which, by virtue of a contract under this paragraph, fall to be performed by secure college custody officers.

Powers of officers carrying out contracted-out functions

21

Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody officer carrying out contracted-out functions at a directly managed secure college as they apply in relation to a secure college custody officer carrying out functions at a contracted-out secure college.

22

In relation to a directly managed secure college, the reference to an officer of the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners), as it applies to secure colleges, includes a reference to a secure college custody officer performing custodial duties at the secure college in accordance with a contract under paragraph 20.

Obstruction etc of secure college custody officers

23

(1) A person who resists or wilfully obstructs a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

24

(1) A person who assaults a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

25

(1) A person who is or has been employed to perform contracted-out functions at a directly managed secure college commits an offence if the person discloses any information—

(a) which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention accommodation.

(2) It is not an offence under this paragraph for a person to disclose information—

(a) in the course of the person's duty, or

(b) when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(4) In relation to an offence committed before 2 May 2022, the reference in sub-paragraph (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Supplementary

26

The references in paragraphs 20, 21 and 22 to the carrying out of functions or the performance of custodial duties at a secure college include references to the carrying out of functions or the performance of such duties for the purposes of, or for purposes connected with, a secure college.

PART 4 — Definitions

27

In this Schedule—

“contracted-out functions” has the meaning given in paragraph 20;

“contracted-out secure college” has the meaning given in paragraph 1;

“the contractor”, in relation to a contracted-out secure college, has the meaning given in paragraph 1;

“directly managed secure college” means a secure college which is not a contracted-out secure college;

“secure college custody officer” has the meaning given in paragraph 16;

“secure college rules” means rules made under section 47 of the Prison Act 1952 for the regulation and management of secure colleges;

“sub-contractor”, in relation to a contracted-out secure college, has the meaning given in paragraph 1.

PART 5 — Further amendments

Prison Act 1952 (c. 52)

28

In section 52 of the Prison Act 1952 (exercise of power to make rules etc), after subsection (3) insert—

(4) A statutory instrument containing rules under section 47 or 47A is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5). (5) A statutory instrument containing rules under section 47 that (whether alone or with other provision)— (a) authorise a secure college custody officer performing custodial duties at a secure college to use reasonable force, or (b) otherwise make a substantive change to the circumstances in which such an officer is authorised to do so, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) In subsection (5), “secure college custody officer” has the same meaning as in Schedule 10 to the Criminal Justice and Courts Act 2015.

Criminal Justice Act 1967 (c. 80)

29

Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to make rules under sections 47 and 47A of the Prison Act 1952).

Firearms Act 1968 (c. 27)

30

(1) Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies) is amended as follows.

(2) After paragraph 6 insert—

(6A) An offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer).

(3) In paragraph 8, for “6” substitute “ 6A ”.

Criminal Justice Act 1988 (c. 33)

31

In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment count for certain offences), after paragraph (ab) insert—

(ac) an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);

Private Security Industry Act 2001 (c. 12)

32

In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001 (manned guarding activities not liable to control), after paragraph (c) insert—

(cza) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 (contracting out of secure colleges) or paragraph 20 of that Schedule (contracted-out functions at directly managed secure colleges);

Children Act 2004 (c. 31)

33

The Children Act 2004 is amended as follows.

34

In section 15(3) (funding of Local Safeguarding Children Boards)—

(a) in paragraph (c), after “principal of a” insert “ directly managed ”, and

(b) in paragraph (d), after “or prison” insert “ or the principal of a contracted-out secure college ”.

35

In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a) in paragraph (c), after “principal of a” insert “ directly managed ”, and

(b) in paragraph (d), after “or prison” insert “ or the principal of a contracted-out secure college ”.

36

(1) Section 65 (interpretation) is amended as follows.

(2) In subsection (3), at the end insert—

(d) references to a directly managed secure college and to a contracted-out secure college, and to the contractor in relation to a contracted-out secure college, have the meanings given by paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.

(3) In subsection (4)—

(a) in paragraph (a), omit “or”,

(b) at the end of paragraph (b), insert “ or ”,

(c) a contract under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 is for the time being in force in relation to part of a secure college”, and

(d) for “or prison” substitute “ , prison or secure college ”.

Offender Management Act 2007 (c. 21)

37

In section 14(9) of the Offender Management Act 2007 (disclosure)—

(a) in paragraph (a), after sub-paragraph (ii) insert—

(iii) a secure college under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015;

;

(b) in paragraph (a), for “section in question” substitute “ provision in question ”;

SCHEDULE 11

Criminal Law Act 1977 (c. 45)

1

(1) Section 39 of the Criminal Law Act 1977 (service of summons etc) is amended as follows.

(2) In subsection (1), after paragraph (c) (but before “and”) insert—

(ca) a single justice procedure notice (within the meaning of that section) requiring a person charged with an offence to serve a written notification stating— (i) whether or not the person desires to plead guilty, and (ii) if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980,

(3) In subsection (1)(d), for “or (c)” substitute “ , (c) or (ca) ”.

(4) After subsection (1) insert—

(1A) The documents falling within subsection (1)(a) include a summons directed to a person that is issued after the person's trial has begun.

Magistrates’ Courts Act 1980 (c. 43)

2

The Magistrates' Courts Act 1980 is amended as follows.

3

(1) Section 1 (issue of summons to accused etc) is amended as follows.

(2) In subsection (4A), for “public prosecutor” substitute “ relevant prosecutor authorised to issue requisitions ”.

(3) Omit subsection (4B).

(4) In subsection (6A), for “public prosecutor” substitute “ relevant prosecutor ”.

4

In section 11 (non-appearance of accused: general provisions), after subsection (5) insert—

(5A) Subsection (4) does not apply in relation to proceedings adjourned under section 16C(3)(a) because of section 16C(2) (adjournment of a section 16A trial because the accused indicates a wish to make representations).

5

In section 123 (defect in process), after subsection (2) insert—

(3) In the application of this section to proceedings conducted in accordance with section 16A— (a) a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and (b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.

6

In section 150(1) (interpretation of other terms)—

(a) omit the entry for “public prosecutor”, “requisition” and “written charge”, and

(b) at the appropriate places insert—

“relevant prosecutor” has the meaning given by section 29 of the Criminal Justice Act 2003;

“requisition” has the meaning given by section 29 of the Criminal Justice Act 2003;

“single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003;

, and

“written charge” has the meaning given by section 29 of the Criminal Justice Act 2003;

Prosecution of Offences Act 1985 (c. 23)

7

(1) Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1) is amended as follows.

(2) In subsection (1)—

(a) for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and

(b) after “ “requisition”” insert “ , “single justice procedure notice” ”.

(3) In subsection (2)—

(a) in paragraph (ba), for “public prosecutor” substitute “ relevant prosecutor ”, and

(b) after paragraph (ba) insert—

(bb) where a relevant prosecutor issues a written charge and single justice procedure notice, when the written charge and single justice procedure notice are issued;

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