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

(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;

Road Traffic Offenders Act 1988 (c. 53)

8

The Road Traffic Offenders Act 1988 is amended as follows.

9

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

10

In section 8 (duty to include date of birth and sex in written plea of guilty), after paragraph (a) (but before “or”) insert—

(aa) serves a written notification on the designated officer for a magistrates' court stating a desire to plead guilty and to be tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),

11

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

Pension Schemes Act 1993 (c. 48)

12

(1) Section 68 of the Pension Schemes Act 1993 (unpaid premiums: supplementary) is amended as follows.

(2) In subsection (1), after “1980” insert “ or in proceedings conducted in accordance with section 16A of that Act ”.

(3) After subsection (1) insert—

(1A) Where subsection (1) applies in relation to a person being tried in accordance with section 16A of the Magistrates' Courts Act 1980, the reference in subsection (1)(b) to the designated officer for the court is to be treated as including a reference to the designated officer for a magistrates' court specified in the single justice procedure notice in question.

Vehicle Excise and Registration Act 1994 (c. 22)

13

(1) Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by absent accused and amount payable under section 30 or 36) is amended as follows.

(2) After subsection (2) insert—

(2A) This section also applies if— (a) a person is convicted of an offence under section 29 or 35A while being tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers), and (b) it is proved to the satisfaction of the court, in the manner prescribed by Criminal Procedure Rules, that a relevant notice was served on the accused with the written charge.

(3) In subsection (3)—

(a) in paragraph (a), for “in a case within subsection (1)(a)” substitute “ if the offence is an offence under section 29 ”, and

(b) in paragraph (b), for “in a case within subsection (1)(b)” substitute “ if the offence is an offence under section 35A ”.

(4) In subsection (5), for “The court shall not so proceed” substitute “ Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4) ”.

(5) After subsection (5) insert—

(6) Where this section applies by virtue of subsection (2A), the court shall not proceed as described in subsection (4) if the written notification served by the accused or the legal representative of the accused in accordance with the single justice procedure notice includes a statement that the amount specified in the relevant notice is inappropriate. (7) In subsection (6) “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003.

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

14

(1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others) is amended as follows.

(2) In subsection (9)—

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

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

(3) In subsection (10)(a)(ia)—

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

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

Drug Trafficking Act 1994 (c. 37)

15

(1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions) is amended as follows.

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

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

Merchant Shipping Act 1995 (c. 21)

16

(1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

(2) In subsection (2)(a)(ia), for “public prosecutor” substitute “ relevant prosecutor ”.

(3) In subsection (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Terrorism Act 2000 (c. 11)

17

(1) In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is amended as follows.

(2) In sub-paragraph (1)(aa), for “public prosecutor” substitute “ relevant prosecutor ”.

(3) In sub-paragraph (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Proceeds of Crime Act 2002 (c. 29)

18

(1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

(2) In subsection (1)(aa)—

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

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

(3) In subsection (9)—

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

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

Education Act 2002 (c. 32)

19

(1) Section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers) is amended as follows.

(2) In subsection (15)(b)—

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

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

(3) After subsection (15) insert—

(16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

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

20

The Crime (International Co-operation) Act 2003 is amended as follows.

21

(1) Section 4A (general requirements for service of written charge or requisition) is amended as follows.

(2) In the heading, for “or requisition” substitute “ etc ”.

(3) In subsection (1), after paragraph (b) insert

and (c) a single justice procedure notice (within the meaning of that section).

(4) In subsection (2), for “The written charge or requisition” substitute “ Each of the documents ”.

(5) In subsection (3), for “the written charge or requisition”, in both places, substitute “ the document ”.

(6) In subsection (4), for “A written charge or requisition” substitute “ Such a document ”.

(7) In subsection (5)—

(a) after “a requisition” insert “ or single justice procedure notice ”, and

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

22

(1) Section 4B (service of written charge or requisition otherwise than by post) is amended as follows.

(2) In the heading, for “or requisition” substitute “ etc ”.

(3) In subsection (1), for “or requisition” substitute “ , requisition or single justice procedure notice ”.

(4) In subsection (2), for “the written charge or requisition” substitute “ the document ”.

(5) In subsection (3)(b), for “the written charge or requisition” substitute “ the document ”.

Criminal Justice Act 2003 (c. 44)

23

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

SCHEDULE 12

Rehabilitation of Offenders Act 1974 (c. 53)

1

In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—

(c) an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

Magistrates’ Courts Act 1980 (c. 43)

2

The Magistrates' Courts Act 1980 is amended as follows.

3

In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—

(1A) A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying— (a) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or (b) a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

4

In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

(5) Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

Prosecution of Offences Act 1985 (c. 23)

5

In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “ Defence, prosecution and third party ”.

Insolvency Act 1986 (c. 45)

6

In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—

(a) after “fine” insert “ imposed for an offence ”, and

(b) after “a reference to” insert

— (a) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), whether on conviction or otherwise; (b)

Criminal Justice Act 1991 (c. 53)

7

In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—

(ba) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);

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

8

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

9

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

10

In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—

(ba) the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),

Proceeds of Crime Act 2002 (c. 29)

11

In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court's other powers), after “other than” insert “ an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or ”.

Criminal Justice Act 2003 (c. 44)

12

The Criminal Justice Act 2003 is amended as follows.

13

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

14

In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—

(a) after “against” insert

— (a)

, and

(b) at the end insert

under this section, and (b) an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when dealing with the person under this section.

15

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

16

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

SCHEDULE 13

Jurors and electronic communications devices

1

After section 9 of the Coroners and Justice Act 2009 insert—

(9A) (1) A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period. (2) An order may be made only if the senior coroner considers that— (a) the order is necessary or expedient in the interests of justice, and (b) the terms of the order are a proportionate means of safeguarding those interests. (3) An order may only specify a period during which the members of the jury are— (a) in the building in which the inquest is being heard, (b) in other accommodation provided at the senior coroner's request, (c) visiting a place in accordance with arrangements made for the purposes of the inquest, or (d) travelling to or from a place mentioned in paragraph (b) or (c). (4) An order may be made subject to exceptions. (5) It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section. (6) Proceedings for a contempt of court under this section may only be instituted on the motion of a senior coroner having jurisdiction to deal with it. (7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003). (9B) (1) This section applies where an order has been made under section 9A in respect of the members of a jury. (2) A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order. (3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear. (4) If the search reveals a device which is required by the order to be surrendered— (a) the officer must ask the juror to surrender the device, and (b) if the juror refuses to do so, the officer may seize it. (5) Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order. (6) If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of— (a) the end of the period specified in the order, and (b) the end of such period as will enable the officer to draw it to the attention of a constable. (7) A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized. (8) The Lord Chancellor may by regulations make provision as to— (a) the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section, (b) the keeping of records about devices which have been surrendered or seized under this section, (c) the period for which unclaimed devices have to be kept, and (d) the disposal of unclaimed devices at the end of that period. (9) In this section— - “electronic communications device” has the same meaning as in section 9A; - “unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.

2

(1) Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) In section 54A (powers in relation to jurors' electronic communications devices) (inserted by section 70 of this Act)—

(a) in subsection (1), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”,

(b) in subsection (2), after “judge” insert “ or a senior coroner ”, and

(5) In this section— - “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003); - “senior coroner” has the same meaning as in the Coroners and Justice Act 2009.

(3) In section 55(1A) (powers to retain articles surrendered or seized) (inserted by section 70 of this Act), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”.

Offences relating to research by jurors etc

3

Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to jurors at inquests) is amended as follows.

4

Before paragraph 1 insert— “ Serving while disqualified, failure to attend etc ”.

5

After paragraph 5 insert—

(5A) (1) It is an offence for a member of a jury at an inquest to research the case during the inquest period, subject to the exceptions in sub-paragraphs (6) and (7). (2) A person researches a case if (and only if) the person— (a) intentionally seeks information, and (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest. (3) The ways in which a person may seek information include— (a) asking a question, (b) searching an electronic database, including by means of the internet, (c) visiting or inspecting a place or object, (d) conducting an experiment, and (e) asking another person to seek the information. (4) Information relevant to the inquest includes information about— (a) a person involved in events relevant to the inquest, (b) the senior coroner dealing with the inquest, (c) any other person who is involved in the inquest, whether as a lawyer, a witness or otherwise, (d) the law relating to the case, (e) the law of evidence, and (f) procedure at inquests. (5) “The inquest period”, in relation to a member of a jury at an inquest, is the period— (a) beginning when the person is sworn to inquire into the case, and (b) ending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person. (6) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case. (7) It is not an offence under this paragraph for a person— (a) to attend proceedings at the inquest; (b) to seek information from the senior coroner dealing with the case; (c) to do anything which the senior coroner dealing with the case directs or authorises the person to do; (d) to seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this paragraph in the process of obtaining the information; (e) to do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case. (8) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (9) Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General. (5B) (1) It is an offence for a member of a jury at an inquest intentionally to disclose information to another member of the jury during the inquest period if— (a) the member contravened paragraph 5A in the process of obtaining the information, and (b) the information has not been provided at the inquest. (2) Information has been provided at the inquest if (and only if) it has been provided as part of— (a) evidence presented at the inquest, or (b) other information provided to the jury or a juror during the inquest period by, or with the permission of, the senior coroner dealing with the case. (3) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (4) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (5) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A. (5C) (1) It is an offence for a member of a jury at an inquest intentionally to engage in prohibited conduct during the inquest period, subject to the exceptions in sub-paragraphs (4) and (5). (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a determination or finding otherwise than on the basis of the evidence presented at the inquest. (3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. (4) It is not an offence under this paragraph for a member of the jury to research the case (as defined in paragraph 5A(2) to (4)). (5) It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury. (6) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (7) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (8) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.

Offence relating to jury’s deliberations

6

In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests), after Part 1 insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.