Criminal Justice Act 1991

1991 c. 53

An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.

Enacted[25th July 1991] ^E1

^C1^C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

^C4 Part I Powers of Courts to deal with Offenders¶

Custodial sentences¶

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Community sentences¶

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^F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Probation and community service orders¶

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^F1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Curfew orders¶

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Orders: supplemental¶

^F1414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1515 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I116 Reciprocal enforcement of certain orders.¶

Schedule 3 to this Act shall have effect for making provision for and in connection with—

^F16a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales.

Financial penalties¶

^E2^I217 Increase of certain maxima.¶

^C3^C551 In section 37 (standard scale of fines) of the ^M1Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the ^M2Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—

^C32 Part I of the ^M3Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—

a in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) ^F18. . ., for “£400” there shall be substituted “£1,000”;

b in section 24(4) (maximum fine on summary conviction of child for indictable offence) ^F18. . ., for “£100” there shall be substituted “£250”; and

c in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;

and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.

3 Schedule 4 to this Act shall have effect as follows—

a in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;

b in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;

c in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;

d the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and

e ^F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

20A False statements as to financial circumstances.¶

1 A person who is charged with an offence who, in furnishing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) in response to an official request—

a makes a statement which he knows to be false in a material particular;

b recklessly furnishes a statement which is false in a material particular; or

c knowingly fails to disclose any material fact,

shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

1A A person who is charged with an offence who fails to furnish a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

2 For the purposes of this section an official request is a request which—

a is made by the designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and

b is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose and how it should be paid.

3 Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.

Financial penalties: supplemental¶

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^F2822 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^E3^I323 Default in other cases.¶

1 In the Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

2 For the Table in section 407(1A) of the ^M4Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

Amount of fine or caution	Maximum period of imprisonment
An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months
An amount exceeding £5,000 but not exceeding £10,000	6 months
An amount exceeding £10,000 but not exceeding £20,000	12 months
An amount exceeding £20,000 but not exceeding £50,000	18 months
An amount exceeding £50,000 but not exceeding £100,000	2 years
An amount exceeding £100,000 but not exceeding £250,000	3 years
An amount exceeding £250,000 but not exceeding £1 million	5 years
An amount exceeding £1 million	10 years.

3 In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the ^M5Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

^I424 Recovery of fines etc. by deductions from universal credit and income support.¶

1 The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance , state pension credit or an ^F438... employment and support allowance

a the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit, in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit; and

b the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

2 The regulations may include—

a provision that, before making an application, the court shall make an enquiry as to the offender’s means;

aa provision that the court may require the offender to provide prescribed information in connection with an application;

b provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;

c provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;

d provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance , state pension credit or an ^F439... employment and support allowance do not fall below prescribed figures);

e provision as to the circumstances in which the Secretary of State is to cease making deductions;

f provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

g provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

2A An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

2B An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

a makes a statement which he knows to be false in a material particular,

b recklessly provides a statement which is false in a material particular, or

c knowingly fails to disclose any material fact.

2C A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

3 In subsection (1) above—

a the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and

b the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the ^M6Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

c the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).

3A This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.

3B This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.

4 In this section—

“fine” includes—
- (a) a penalty imposed under section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the ^M7Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);
- (b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
- (ba) a charge ordered to be paid under section 46 of the Sentencing Code (criminal courts charge);
- (c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the ^M8Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;
^F440...
“income support” means income support within the meaning of the ^M9Social Security Act 1986, either alone or together with any ^F42... incapacity benefit, or retirement pension which is paid by means of the same instrument of payment;
“prescribed” means prescribed by regulations made by the Secretary of State.
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

5 In the application of this section to Scotland—

a references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

b in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

Miscellaneous¶

^F4725 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^E4^I526 Alteration of certain penalties.¶

1 In section 7 of the ^M10Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

2 For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

^F483 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 In section 51(4) of the ^M11Criminal Law Act 1977 (penalties for bomb hoaxes)—

a in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and

b in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.

5 The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.

^I627 Treatment of offenders under 1983 Act.¶

1 After section 39 of the 1983 Act there shall be inserted the following section—

2 After section 54 of that Act there shall be inserted the following section—

3 In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.

Supplemental¶

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^I730 Rules, regulations and orders.¶

1 Any power of the Secretary of State ^F51. . . to make rules, regulations or orders under this Part—

a shall be exercisable by statutory instrument; and

b shall include power to make different provision for different cases or classes of case.

2 A statutory instrument containing any rules, regulations or order under this Part ^F52. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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^F54^F442Part II Early Release of Prisoners¶

Preliminary¶

^I103^C1932 The Parole Board.¶

1 The Parole Board shall be, by that name, a body corporate and as such shall .

a be constituted in accordance with this Part; and

b have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.

2 It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.

3 The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of—

a any documents given to it by the Secretary of State; and

b any other oral or written information obtained by it,

and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.

4 The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it.

5 Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.

6 The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II; and in giving any such directions the Secretary of State shall in particular have regard to—

a the need to protect the public from serious harm from offenders; and

b the desirability of preventing the commission by them of further offences and of securing their rehabilitation.

7 Schedule 5 to this Act shall have effect with respect to the Board.

New arrangements for early release¶

^I104^C2033 Duty to release short-term and long-term prisoners.¶

1 As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—

a to release him unconditionally if that sentence is for a term of less than twelve months; and

^C21b to release him on licence if that sentence is for a term of twelve months or more.

^C222 As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.

^C233 As soon as a short-term or long-term prisoner who—

a has been released on licence under this Part; and

b has been recalled to prison under section 39(1) or (2) below,

would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence.

3A In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).

^F2724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 In this Part—

“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.

^F288^C3233A Duty to release prisoners: special cases.¶

1 As soon as a prisoner—

a whose sentence is for a term of less than twelve months; and

b who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,

would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.

2 As soon as a prisoner—

a whose sentence is for a term of twelve months or more; and

b who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,

would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.

3 In the case of a prisoner who—

a has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and

b has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,

section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.

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^F291^C3334A Power to release short-term prisoners on licence.¶

1 Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner ^F294. . . is serving a sentence of imprisonment for a term of three months or more.

2 Subsection (3) below does not apply where—

a the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;

b the sentence is for an offence under section 1 of the ^M70Prisoners (Return to Custody) Act 1995;

c the sentence was imposed under paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order;

d the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the ^M71Mental Health Act 1983;

da the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 ;

e the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;

f the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;

^C34g the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;

h the prisoner has been returned to prison under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000at any time; or

j the interval between—

i the date on which the prisoner will have served the requisite period for the term of the sentence; and

ii the date on which he will have served one-half of the sentence,

is less than 14 days.

3 After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.

4 In this section “the requisite period” means—

a for a term of three months or more but less than four months, a period of 30 days;

b for a term of four months or more but less than eighteen months , a period equal to one-quarter of the term;

c for a term of eighteen months or more, a period that is 135 days less than one-half of the term.

5 The Secretary of State may by order made by statutory instrument—

a repeal the words “aged 18 or over” in subsection (1) above;

b amend the definition of “the requisite period” in subsection (4) above; and

c make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.

6 No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

^I105^C24^F27435 Power to release long-term and life prisoners.¶

^C251 After a long-term prisoner has served one-half of his sentence, the Secretary of State may, if recommended to do so by the Board, release him on licence.

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^F2743 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I106^C26^F27536 Power to release prisoners on compassionate grounds.¶

1 The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

2 Before releasing a long-term ^F275. . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.

^I107^C2737 Duration and conditions of licences.¶

^C28^C29^C301 Subject to subsections (1A), (1B) and (2) below, where a short-term or long-term prisoner is released on licence, the licence shall, subject to ^F279. . . any revocation under section 39(1) or (2) below, remain in force until the date on which he would (but for his release) have served three-quarters of his sentence.

1A Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.

1B Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—

a that proportion of his sentence; and

b the duration of the curfew condition to which he is or was subject.

^C282 Where a prisoner whose sentence is for a term of less than twelve months is released on licence under section 34A(3) or 36(1) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to one-half of that sentence.

^F2773 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 A person subject to a licence under this Part shall comply with such conditions ^F284. . . as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

4A The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—

a an officer of a local probation board appointed for or assigned to the petty sessions area within which the person resides for the time being; or

b where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.

^C315 The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.

6 For the purposes of subsection (5) above, the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

7 The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^F28937A Curfew condition to be included in licence under section 34A.¶

1 A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—

a requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and

b includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.

2 The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

3 The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.

4 The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

5 The power conferred by subsection (4) above—

a shall be exercisable by statutory instrument; and

b shall include power to make different provision for different cases or classes of case or for different areas.

6 Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons’ whereabouts in any particular part of England and Wales;

7 In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.

Misbehaviour after release¶

^F29938 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F30638A Breach of curfew condition.¶

1 If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—

a that he has failed to comply with the curfew condition;

b that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or

c that it is necessary to do so in order to protect the public from serious harm from him,

the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.

2 A person whose licence under section 34A(3) above is revoked under this section—

a may make representations in writing with respect to the revocation;

b on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.

3 The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.

4 Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.

5 On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

6 In this section “the curfew condition” has the same meaning as in section 37A above.

^I108^C35^F30039 Recall of long-term and life prisoners while on licence.¶

1 If recommended to do so by the Board in the case of a short-term or long-term ^F300. . . prisoner who has been released on licence under this Part, the Secretary of State may revoke his licence and recall him to prison.

2 The Secretary of State may revoke the licence of any such person and recall him to prison without a recommendation by the Board, where it appears to him that it is expedient in the public interest to recall that person before such a recommendation is practicable.

3 A person recalled to prison under subsection (1) or (2) above—

a may make representations in writing with respect to his recall; and

b on his return to prison, shall be informed of the reasons for his recall and of his right to make representations.

4 The Secretary of State shall refer to the Board—

a the case of a person recalled under subsection (1) above who makes representations under subsection (3) above; and

b the case of a person recalled under subsection (2) above.

5 Where on a reference under subsection (4) above the Board—

^F300a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b recommends in the case of any ^F300. . . person,

his immediate release on licence under this section, the Secretary of State shall give effect to the ^F300. . . recommendation.

5A In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.

6 On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.

^F30340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F304^C3640A ^F304 Release on licence following return to prison.¶

1 This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—

a includes, or consists of, an order under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000; and

b is for a term of twelve months or less.

2 As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.

3 Where the person is so released, the licence shall remain in force for a period of three months.

4 If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—

a to a fine not exceeding level 3 on the standard scale; or

b to a sentence of imprisonment for a term not exceeding the relevant period,

but not liable to be dealt with in any other way.

5 In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.

6 As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.

Remand time and additional days¶

^I109^C3741 Remand time to count towards time served.¶

1 This section applies to any person whose sentence falls to be reduced under section 67 of the ^M72Criminal Justice Act 1967 (“the 1967 Act”) by any relevant period within the meaning of that section (“the relevant period”).

2 For the purpose of determining for the purposes of this Part—

a whether a person to whom this section applies has served one-half or two-thirds of his sentence; or

b whether such a person would (but for his release) have served three-quarters of that sentence,

the relevant period shall, subject to subsection (3) below, be treated as having been served by him as part of that sentence.

3 Nothing in subsection (2) above shall have the effect of reducing the period for which a licence granted under this Part to a short-term or long-term prisoner remains in force to a period which is less than—

a one-quarter of his sentence in the case of a short-term prisoner; or

b one-twelfth of his sentence in the case of a long-term prisoner.

^I110^C3842 Additional days for disciplinary offences.¶

1 Prison rules, that is to say, rules made under section 47 of the 1952 Act, may include provision for the award of additional days—

a to short-term or long-term prisoners; or

b conditionally on their subsequently becoming such prisoners, to persons on remand,

who (in either case) are guilty of disciplinary offences.

2 Where additional days are awarded to a short-term or long-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—

a any period which he must serve before becoming entitled to or eligible for release under this Part;

aa any period which he must serve before he can be removed under section 46A below;and

b any period for which a licence granted to him under this Part remains in force,

shall be extended by the aggregate of those additional days.

Special cases¶

^I111^C3943 Young offenders.¶

1 Subject to subsections (4) and (5) below, this Part applies to persons serving sentences of detention in a young offender institution, or determinate sentences of detention under section 91 of of the Powers of Criminal Courts (Sentencing) Act 2000, as it applies to persons serving equivalent sentences of imprisonment.

^F3092 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 References in this Part to prisoners ^F309. . ., or to prison or imprisonment, shall be construed in accordance with subsection (1). . . above.

4 In relation to a short-term prisoner under the age of 18 years to whom subsection (1) of section 33 above applies, that subsection shall have effect as if it required the Secretary of State—

a to release him unconditionally if his sentence is for a term of twelve months or less; and

b to release him on licence if that sentence is for a term of more than twelve months.

5 In relation to a person under the age of 22 years who is released on licence under this Part, section 37(4A) above shall have effect as if the reference to supervision by an officer of a local probation board included a reference to supervision by a social worker of a local authority ^F312. . . .

^C4044 Extended sentences for sexual or violent offenders.¶

1 This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of Criminal (Sentencing) Act 2000.

2 Subject to the provisions of this section and section 51(2D) below, this Part, except section 40A, shall have effect as if the term of the extended sentence did not include the extension period.

^C413 Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

^C424 Where, apart from this subsection, the prisoner would be released unconditionally—

a he shall be released on licence; and

b the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.

5 The extension period shall be taken to begin as follows—

a for the purposes of subsection (3) above, on the date given by section 37(1) above;

b for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.

6 Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.

7 For the purposes of sections 37(5) and 39(1) and (2) above the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.

8 In this section “extension period” has the same meaning as in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000.

^F32644A Re-release of prisoners serving extended sentences.¶

1 This section applies to a prisoner serving an extended sentence within the meaning of section 85 of the Powers of the Criminal Courts (Sentencing) Act 2000 who is recalled to prison under section 39(1) or (2) above.

2 Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.

3 Where there has been a previous reference of the prisoner’s case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.

4 On a reference—

a under this section; or

b under section 39(4) above,

the Board shall direct the prisoner’s release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).

5 If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence.

^I112^F316^C4345 Fine defaulters and contemnors.¶

^C441 Subject to subsection (2) below, this Part (except sections 33A, 34A and 35 above) applies to persons committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—

a in default of payment of a sum adjudged to be paid by a conviction; or

b for contempt of court or any kindred offence,

as it applies to persons serving equivalent sentences of imprisonment; and references in this Part to short-term or long-term prisoners, or to prison or imprisonment, shall be construed accordingly.

2 In relation to persons committed as mentioned in subsection (1) above, the provisions specified in subsections (3) and (4) below shall have effect subject to the modifications so specified.

3 In section 33 above, for subsections (1) to (3) there shall be substituted the following subsections—

4 In section 37 above, for subsections (1) to (3) there shall be substituted the following subsection—

^I113^C4546 Persons liable to removal from the United Kingdom.¶

1 In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 35 above shall have effect as if the words “if recommended to do so by the Board” were omitted.

2 In relation to a person who is liable to removal from the United Kingdom, section 37 above shall have effect as if subsection (4A) were omitted .

3 A person is liable to removal from the United Kingdom for the purposes of this section if—

^C46a he is liable to deportation under section 3(5) of the ^M73Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

b he is liable to deportation under section 3(6) of that Act;

c he has been notified of a decision to refuse him leave to enter the United Kingdom; or

d he is an illegal entrant within the meaning of section 33(1) of that Act. or

e he is liable to removal under section 10 of the Immigration and Asylum Act 1999

46A Early removal of persons liable to removal from United Kingdom¶

1 Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period.

2 Subsection (1) above does not apply where—

a the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000,

b the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995,

c the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983,

d the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or

e the interval between—

i the date on which the prisoner will have served the requisite period for the term of the sentence, and

ii the date on which he will have served one-half of the sentence,

is less than 14 days.

3 A prisoner removed from prison under this section—

a is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

i Schedule 2 or 3 to the Immigration Act 1971, or

ii section 10 of the Immigration and Asylum Act 1999, and

b so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above.

4 So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison.

5 In this section “the requisite period” means—

a for a term of three months or more but less than four months, a period of 30 days;

b for a term of four months or more but less than 18 months, a period equal to one-quarter of the term;

c for a term of 18 months or more, a period that is 135 days less than one-half of the term.

6 The Secretary of State may by order made by statutory instrument—

a amend the definition of “the requisite period” in subsection (5) above,

b make such transitional provision as appears to him necessary or expedient in connection with the amendment.

7 No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

8 In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997.

46B Re-entry into United Kingdom of offender removed early from prison¶

1 This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence.

2 If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—

a the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

b his sentence expiry date.

3 A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large.

4 Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection.

5 Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period.

6 If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence.

7 If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State—

a if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and

b if he is recalled after that date, to release him on the sentence expiry date.

8 A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date.

9 In this section—

“further custodial period” has the meaning given by subsection (2)(a) above;
“outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence;
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence.

^I114^C4747 Persons extradited to the United Kingdom.¶

1 A short-term or long-term prisoner is an extradited prisoner for the purposes of this section if—

a he was tried for the offence in respect of which his sentence was imposed—

i after having been extradited to the United Kingdom; and

ii without having first been restored or had an opportunity of leaving the United Kingdom; and

b he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a) above.

2 If, in the case of an extradited prisoner, the court by which he was sentenced so ordered, section 67 of the 1967 Act (computation of sentences of imprisonment) shall have effect in relation to him as if a period specified in the order were a relevant period for the purposes of that section.

3 The period that may be so specified is such period as in the opinion of the court is just in all the circumstances and does not exceed the period of custody mentioned in subsection (1)(b) above.

4 ^F324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I115^F32548 Life prisoners transferred to England and Wales.¶

1 This section applies where, in the case of a transferred life prisoner, the Secretary of State, after consultation with the Lord Chief Justice, certifies his opinion that, if—

a he had been sentenced for his offence in England and Wales after the commencement of section 34 above; and

b the reference in subsection (1)(a) of that section to a violent or sexual offence the sentence for which is not fixed by law were a reference to any offence the sentence for which is not so fixed,

the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

2 In a case to which this section applies, this Part except section 35(2) above shall apply as if—

a the transferred life prisoner were a discretionary life prisoner for the purposes of this Part; and

b the relevant part of his sentence within the meaning of section 34 of this Act were the part specified in the certificate.

3 In this section “transferred life prisoner” means a person—

a on whom a court in a country or territory outside England and Wales has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

b who has been transferred to England and Wales, in pursuance of—

i an order made by the Secretary of State under section 26 of the ^M74Criminal Justice Act 1961 or section 2 of the ^M75Colonial Prisoners Removal Act 1884; or

ii a warrant issued by the Secretary of State under the ^M76Repatriation of Prisoners Act 1984,

there to serve his sentence or sentences or the remainder of his sentence or sentences.

4 A person who is required so to serve the whole or part of two or more such sentences shall not be treated as a discretionary life prisoner for the purposes of this Part unless the requirements of subsection (1) above are satisfied as respects each of those sentences; and subsections (3) and (5) of section 34 above shall not apply in relation to such a person until after he has served the relevant part of each of those sentences.

Supplemental¶

^I11649 Alteration by order of relevant proportions of sentences.¶

1 The Secretary of State may by order made by statutory instrument provide—

a that the references in section 33(5) above to four years shall be construed as references to such other period as may be specified in the order;

b that any reference in this Part to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.

2 An order under this section may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

3 No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

^I11750 Transfer by order of certain functions to Board.¶

1 The Secretary of State, after consultation with the Board, may by order made by statutory instrument provide that, in relation to such class of case as may be specified in the order, the provisions of this Part specified in subsections (2) or (3) below shall have effect subject to the modifications so specified.

2 In section 35 above, in subsection (1) for the word “may” there shall be substituted the word “shall”; but nothing in this subsection shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 46 above).

3 In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.

^F3304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 No order shall be made under this section unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

^I11851 Interpretation of Part II.¶

1 In this Part—

“the Board” means the Parole Board;
^F331. . .
^F331. . .
“long-term prisoner” and “short-term prisoner” have the meanings given by section 33(5) above (as extended by sections 43(1) and 45(1) above);
“sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
“sexual offence” and “violent offence” have the same meanings as in the Powers of Criminal Courts (Sentencing) Act 2000.

2 For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

a the sentences were passed on the same occasion; or

b where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.

2A Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.

2B Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—

a nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;

b nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;

c on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; ^F334. . .

^F334d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2C Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the ^M77Crime (Sentences) Act 1997), nothing in this Part shall—

a require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or

b require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.

2D Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000) included the extension period (within the meaning of that section).

^F3363 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of “protecting the public from serious harm”) shall apply for the purposes of this Part as it applies for the purposes of that Act.

Part III Children and Young Persons¶

Children’s evidence¶

52 Competence of children as witnesses.¶

^F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I853 Notices of transfer in certain cases involving children.¶

1 If a person has been charged with an offence to which section 32(2) of the 1988 Act applies (sexual offences and offences involving violence or cruelty) and the Director of Public Prosecutions is of the opinion—

a that the evidence of the offence would be sufficient for the person charged to be committed for trial;

b that a child who is alleged—

i to be a person against whom the offence was committed; or

ii to have witnessed the commission of the offence,

will be called as a witness at the trial; and

c that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court,

a notice (“notice of transfer”) certifying that opinion may be given by or to behalf of the Director on the magistrates’ court in whose jurisdiction the offence has been charged.

2 A notice of transfer shall be given before the magistrates’ court begins to inquire into the case as examining justices.

3 On the giving of a notice of transfer the functions of the magistrates’ court shall cease in relation to the case except as provided by paragraphs 2 and 3 of Schedule 6 to this Act or by regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

4 The decision to give a notice of transfer shall not be subject to appeal or liable to be questioned in any court.

5 Schedule 6 to this Act (which makes further provision in relation to notices of transfer) shall have effect.

6 In this section “child” means a person who—

a in the case of an offence falling within section 32(2)(a) or (b) of the 1988 Act, is under fourteen years of age or, if he was under that age when any such video recording as is mentioned in section 32A(2) of that Act was made in respect of him, is under fifteen years of age; or

b in the case of an offence falling within section 32(2)(c) of that Act, is under seventeen years of age or, if he was under that age when any such video recording was made in respect of him, is under eighteen years of age.

^C57 Any reference in subsection (6) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) of that Act includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

8 This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.

^I954 Video recordings of testimony from child witnesses.¶

After section 32 of the 1988 Act (evidence through television links) there shall be inserted the following section—

32A Video recordings of testimony from child witnesses.

1 This section applies in relation to the following proceedings, namely—

a trials on indictment for any offence to which section 32(2) above applies;

b appeals to the criminal division of the Court of Appeal and hearings of references under section 17 of the Criminal Appeal Act 1968 in respect of any such offence; and

c proceedings in youth courts for any such offence and appeals to the Crown Court arising out of such proceedings.

2 In any such proceedings a video recording of an interview which—

a is conducted between an adult and a child who is not the accused or one of the accused (“the child witness”); and

b relates to any matter in issue in the proceedings,

may, with the leave of the court, be given in evidence in so far as it is not excluded by the court under subsection (3) below.

3 Where a video recording is tendered in evidence under this section, the court shall (subject to the exercise of any power of the court to exclude evidence which is otherwise admissible) give leave under subsection (2) above unless—

a it appears that the child witness will not be available for cross-examination;

b any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court; or

c the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording ought not to be admitted;

and where the court gives such leave it may, if it is of the opinion that in the interests of justice any part of the recording ought not to be admitted, direct that that part shall be excluded.

4 In considering whether any part of a recording ought to be excluded under subsection (3) above, the court shall consider whether any prejudice to the accused, or one of the accused, which might result from the admission of that part is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.

5 Where a video recording is admitted under this section—

a the child witness shall be called by the party who tendered it in evidence;

b that witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony.

6 Where a video recording is given in evidence under this section, any statement made by the child witness which is disclosed by the recording shall be treated as if given by that witness in direct oral testimony; and accordingly—

a any such statement shall be admissible evidence of any fact of which such testimony from him would be admissible;

b no such statement shall be capable of corroborating any other evidence given by him;

and in estimating the weight, if any, to be attached to such a statement, regard shall be had to all the circumstances from which any inference can reasonably be drawn (as to its accuracy or otherwise).

7 In this section “child” means a person who—

a in the case of an offence falling within section 32(2)(a) or (b) above, is under fourteen years of age or, if he was under that age when the video recording was made, is under fifteen years of age; or

b in the case of an offence falling within section 32(2)(c) above, is under seventeen years of age or, if he was under that age when the video recording was made, is under eighteen years of age.

8 Any reference in subsection (7) above to an offence falling within paragraph (a), (b) or (c) of section 32(2) above includes a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within that paragraph.

9 In this section—

“statement” includes any representation of fact, whether made in words or otherwise;
“video recording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying sound-track.

10 A magistrates’ court inquiring into an offence as examining justices under section 6 of the Magistrates’ Courts Act 1980 may consider any video recording as respects which leave under subsection (2) above is to be sought at the trial, notwithstanding that the child witness is not called at the committal proceedings.

11 Without prejudice to the generality of any enactment conferring power to make rules of court, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

12 Nothing in this section shall prejudice the admissibility of any video recording which would be admissible apart from this section.

^I1055 Further amendments of enactments relating to children’s evidence.¶

1 In section 103 of the 1980 Act (evidence of children in committal proceedings) subsection (3)(a) shall cease to have effect and for subsection (5) there shall be substituted the following subsection—

2 In subsection (1) of section 32 of the 1988 Act (evidence through television links)—

a for the words from “on a trial” to “1968” there shall be substituted the words “in proceedings to which subsection (1A) below applies”; and

b for paragraph (b) there shall be substituted the following paragraph—

3 After that subsection there shall be inserted the following subsection—

4 After subsection (3) of that section there shall be inserted the following subsections—

3A Where, in the case of any proceedings before a youth court—

a leave is given by virtue of subsection (1)(b) above for evidence to be given through a television link; and

b suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from this subsection) lawfully sit,

the court may sit for the purposes of the whole or any part of those proceedings at any place at which such facilities are available and which has been appointed for the purposes of this subsection by the justices acting for the petty sessions area for which the court acts.

3B A place appointed under subsection (3) above may be outside the petty sessions area for which it is appointed; but it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.

^F645 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 After subsection (5) of that section there shall be inserted the following subsection—

7 After section 34 of the 1988 Act there shall be inserted the following section—

Responsibilities of parent or guardian¶

^I1156 Attendance at court of parent or guardian.¶

Subsection (1) of section 34 (attendance at court of parent or guardian) of the 1933 Act shall cease to have effect and after that section there shall be inserted the following section—

34A Attendance at court of parent or guardian.

1 Where a child or young person is charged with an offence or is for any other reason brought before a court, the court—

a may in any case; and

b shall in the case of a child or a young person who is under the age of sixteen years,

require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case.

2 In relation to a child or young person for whom a local authority have parental responsibility and who—

a is in their care; or

b is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,

the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference.In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

^F6657 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F6758 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Detention etc. pending trial¶

^I1259 Detention at a police station.¶

In section 38 of the ^M12Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for subsections (6) and (6A) there shall be substituted the following subsections—

6 Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

a that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

b in the case of an arrested juvenile who has attained the age of 15 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.

6A In this section—

“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);
“secure accommodation” means accommodation provided for the purpose of restricting liberty;
“sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;

and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

^I1360 Remands and committals to local authority accommodation.¶

^F4431 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In section 37 of the 1980 Act (committal of young person to Crown Court for sentence)—

a in subsection (1), for the words “17 years old” there shall be substituted the words “18 years old”;

b in subsection (2), for the words “A person committed in custody under subsection (1) above” there shall be substituted the words “Where a person committed in custody under subsection (1) above is not less than 17 years old, he”; and

c after that subsection there shall be inserted the following subsection—

3 In the case of a child or young person who has been remanded ^F444... to local authority accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by a youth court or a magistrates’ court other than a youth court, any application under section 25 of the ^M13Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) shall, notwithstanding anything in section 92(7) of the Children Act 1989, be made to that court.

^F44661 Provision by local authorities of secure accommodation.¶

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

^F44761A Cost of secure accommodation.¶

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

62 ^F68 Transitory provisions pending provision of secure accommodation.¶

1 In relation to any time before such day as the Secretary of State may by order made by statutory instrument appoint, section 23 of the 1969 Act as substituted by section 60(1) above shall have effect with the following modifications.

2 In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is declared by the court, after consultation with a probation officer or a social worker of a local authority social services department, to be a person to whom subsection (5) below applies”.

3 For subsections (4) and (5) there shall be substituted the following subsections—

4 Where a court declares a person to be one to whom subsection (5) below applies, it shall remand him—

a to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and

b to a prison, if it has not been so notified.

4A A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—

a he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

b having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

5 This subsection applies to a young person who is male and has attained the age of fifteen, but only if—

a he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

b he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,

and (in either case) the court is of opinion that only remanding him to a remand centre or prison would be adequate to protect the public from serious harm from him.

4 In subsection (6)—

a for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and

b for the words “subsection (5) above” there shall be substituted the words “that subsection”.

5 In subsections (7) and (9), the words “without imposing a security requirement” shall be omitted.

6 After subsection (9) there shall be inserted the following subsection—

7 In subsection (12), the definition of “secure accommodation” shall be omitted.

Young offenders¶

^F6963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7064 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F45465 Supervision of young offenders after release.¶

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

^F7166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Miscellaneous¶

^I1468 Persons aged 17 to be treated as young persons for certain purposes.¶

The following enactments, namely—

a the Children and Young Persons Acts 1933 to 1969;

b section 43(3) of the 1952 Act (remand centres, young offender institutions etc.);

^F462c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

d the 1980 Act,

shall have effect subject to the amendments specified in Schedule 8 to this Act, being amendments which, for certain purposes of those enactments, have the effect of substituting the age of 18 years for the age of 17 years.

69 Non-appearance of persons aged 16 or 17: plea of guilty.¶

^F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I1570 Renaming of juvenile courts etc.¶

1 Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

2 Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

71 Amendments to service law.¶

^F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72 Repeal of certain provisions not brought in force.¶

^F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C12Part IV Provision of Services¶

Probation services¶

^F7673 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7774 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7875 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Court security¶

76 Provision of court security officers.¶

^F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77 Powers and duties of court security officers.¶

^F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78 Protection of court security officers.¶

^F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F82^I1679 Duties of responsible authorities.¶

1 In section 55(2) (duties of local authorities outside Greater London) of the Justices of the ^M14Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—

b the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

i secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Act 1975, and

ii state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;

bb the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;

2 In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—

Prisoner escorts¶

^I17^C680 Arrangements for the provision of prisoner escorts.¶

1 The Secretary of State may make arrangements for any of the following functions, namely—

a the delivery of prisoners from one set of relevant premises to another;

b the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

ba the custody of prisoners at a police station for any purpose connected with their participation in a preliminary, sentencing or enforcement hearing through a live audio link or live video link;

c the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and

e the custody of prisoners while they are outside a prison for temporary purposes,

to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

1A In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.

1B Subsection (1)(ba) applies in relation to prisoners whether the hearing is yet to take place, is taking place or has taken place.

2 Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

3 Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

4 In this section—

“enforcement hearing”, “live audio link”, “live video link”, “preliminary hearing” and “sentencing hearing” each has the meaning given in section 56(1) of the Criminal Justice Act 2003;
“hospital” has the same meaning as in the ^M15Mental Health Act 1983;
“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the ^M16Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the ^M17Criminal Appeal Act 1968;
“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;
“warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

^I1881 Monitoring etc. of prisoner escort arrangements.¶

1 Prisoner escort arrangements shall include the appointment of—

^C7a a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

b a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

^C72 It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

a any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and

b any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

3 Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

^I1982 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.¶

1 A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

a to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and

b to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held, and any article in the possession of such a person.

2 The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.

3 A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

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;

c to ensure good order and discipline on their part;

d to attend to their wellbeing; and

e to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

4 Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

a in the case of the Crown Court, under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 (power of Court to order search of persons before it); or

b in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

4A Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.

4B It is the prisoner custody officer’s duty to give effect to—

a any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or

b any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.

4C The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.

5 The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) , (4) and (4B) above, shall include power to use reasonable force where necessary.

6 The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

83 ^F91Breaches of discipline by prisoners under escort.¶

1 This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

2 For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been—

a in the custody of the governor of the prison; or

b in the case of a contracted out prison, in the custody of its director,

at all times during the period for which the prisoner custody officer was so responsible.

3 In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

4 Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

5 In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.

Contracted out prisons¶

84 ^F92Contracting out prisons etc.¶

1 The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

2 While a contract under this section for the running of a prison or part of a prison is in force—

a the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

b in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

3 Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

a Part II of the ^M18Landlord and Tenant Act 1954 (security of tenure);

b section 146 of the ^M19Law of Property Act 1925 (restrictions on and relief against forfeiture);

c section 19(1), (2) and (3) of the ^M20Landlord and Tenant Act 1927 and the ^M21Landlord and Tenant Act 1988 (covenants not to assign etc.); and

d the ^M22Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

4 In this Part—

“contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;
“the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and
“sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

^I2085 Officers of contracted out prisons.¶

1 Instead of a governor, every contracted out prison shall have—

a a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

b a controller, who shall be a Crown servant appointed by the Secretary of State;

and every officer of such a prison who performs custodial duties shall (subject to section 86B) be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.

2 ^F95. . . , the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.

3 ^F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

a to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

b to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.

5 The contractor and any sub-contractor of his shall eachbe under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

^I2186 Powers and duties of prisoner custody officers employed at contracted out prisons.¶

1 A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—

a to search in accordance with prison rules any prisoner who is confined in the prison; and

b to search in accordance with prison rules any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.

2 The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer 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). .

3 A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—

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;

c to ensure good order and discipline on their part; and

d to attend to their wellbeing.

4 The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.

86A Power of prisoner custody officers to detain suspected offenders¶

1 A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).

^C82 Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—

a require the person to wait with him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and

b use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).

3 A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

^C94 In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.

86B Powers of authorised persons to perform custodial duties¶

1 In this section—

“restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—
1. a prisoner custody officer authorised to perform custodial duties; or
2. a prison officer temporarily attached to the prison; and
“worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.

2 The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.

3 A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.

4 The director may give such authorisation—

a in general or specific terms, subject to any limitations or conditions he considers appropriate; and

b to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.

5 Nothing in an order or authorisation under this section is to be taken as authorising the use of force.

6 An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

^I2287 Consequential modifications of 1952 Act.¶

1 In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.

2 In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.

3 Section 8 (powers of prison officers) shall not apply (but this does not affect the powers of a prison officer who is temporarily attached to the prison).

4 In sections 8A(3), (4) and (5) 10(5), 12(3), 13(1) 16A16Band 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.

^F1054A Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.

^C105 In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.

6 In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

7 In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer who is temporarily attached to the prison.

8 Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.

^I2388 Intervention by the Secretary of State.¶

1 This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

a that the director has lost, or is likely to lose, effective control of the prison or any part of it; and

b that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

2 The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

a beginning with the time specified in the appointment; and

b ending with the time specified in the notice of termination under subsection (4) below.

3 During that period—

a all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

b the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

c the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

4 Where the Secretary of State is satisfied—

a that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

b that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

5 As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his,the director and the controller.

^F114Contracted out functions¶

^F11188A Contracted out functions at directly managed prisons.¶

1 The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

2 Sections 86 and 86A above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as they apply in relation to such an officer performing custodial duties at a contracted out prison.

3 In relation to a directly managed prison—

a the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and

b the reference in section 14(2) of that Act (cells) to a prison officer,

shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

4 Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

5 In this Part—

“contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;
“directly managed prison” means a prison which is not a contracted out prison.

Supplemental¶

^I24^C1189 Certification of prisoner custody officers¶

1 In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

a that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

b that he is accordingly authorised to perform them.

2 The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.

3 In this section and Schedule 10 to this Act—

“custodial duties” means custodial duties at a contracted out or directly managed prison;
“escort functions” means the functions specified in section 80(1) above.

^I2590 Protection of prisoner custody officers.¶

1 Any person who assaults a prisoner custody officer

^F116a acting in pursuance of prisoner escort arrangements;

b performing custodial duties at a contracted out prison; or

c performing contracted out functions at a directly managed prison,

shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

2 Section 17(2) of the ^M23Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

3 Any person who resists or wilfully obstructs a prisoner custody officer

^F116a acting in pursuance of prisoner escort arrangements;

b performing custodial duties at a contracted out prison; or

c performing contracted out functions at a directly managed prison,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4 For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

^I2691 Wrongful disclosure of information.¶

1 A person who

^F117a is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or

b is or has been employed to perform contracted out functions at a directly managed prison,

shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

2 A person guilty of an offence under subsection (1) above shall be liable—

a on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

b on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

^I2792 Interpretation of Part IV.¶

1 In this Part unless the context otherwise requires—

“contracted out prison” and “the contractor” have the meanings given by section 84(4) above;
“contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) above;
^F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prison” includes a young offender institution or remand centre;
“prison officer” means an officer of a directly managed prison;
“prison rules” means rules made under section 47 of the 1952 Act;
“prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;
“prisoner custody officer” has the meaning given by section 89(1) above;
“prisoner escort arrangements” has the meaning given by section 80(2) above.
“sub-contractor” has the meaning given by section 84(4) above.

1A Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

^F1252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—

a any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and

b any reference in section 80(1)(c) or (e) or (1A) above to a prison included a reference to accommodation in which a person is or is to be accommodated pursuant to such a remand.

4 In sections 80, 82 and 83 above, “prison”—

a so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the ^M24Prisons (Scotland) Act 1989; and

b so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.

Part V Financial and Other Provisions¶

Cash limits¶

^I2893 Cash limits for magistrates’ courts.¶

^F1281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the following subsection—

2A Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which would—

a cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (3)(b) of that section; or

b cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.

^F1293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1294 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F13094 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Miscellaneous¶

^I2995 Information for financial and other purposes.¶

1 The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—

a enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions;

aa enabling such persons to become aware of the relative effectiveness of different sentences—

i in preventing re-offending, and

ii in promoting public confidence in the criminal justice system; or

b facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.

2 Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.

^F13296 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F13397 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Part VI Supplemental¶

^I3098 Expenses etc. under Act.¶

There shall be paid out of money provided by Parliament—

a any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above ^F134. . .;

b any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;

c any administrative expenses incurred by the Secretary of State under this Act; and

d any increase attributable to this Act in the sums payable out of money so provided under any other Act.

^I3199 General interpretation.¶

1 In this Act—

“the 1933 Act” means the ^M25Children and Young Persons Act 1933;
“the 1952 Act” means the ^M26Prison Act 1952;
“the 1967 Act” means the ^M27Criminal Justice Act 1967;
“the 1969 Act” means the ^M28Children and Young Persons Act 1969;
“the 1973 Act” means the ^M29Powers of Criminal Courts Act 1973;
^F135. . .
“the 1980 Act” means the ^M30Magistrates’ Courts Act 1980;
“the 1982 Act” means the ^M31Criminal Justice Act 1982;
“the 1983 Act” means the ^M32Mental Health Act 1983;
“the 1988 Act” means the ^M33Criminal Justice Act 1988;
“child”, unless the contrary intention appears, means a person under the age of fourteen years;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
“prison rules” means rules made under section 47 of the 1952 Act;
“young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

2 For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.

^I32100 Minor and consequential amendments.¶

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

^I33101 Transitional provisions, savings and repeals.¶

1 The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the ^M34Interpretation Act 1978 (which relate to the effect of repeals).

2 The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

^I34102 Short title, commencement and extent.¶

1 This Act may be cited as the Criminal Justice Act 1991.

^P1^P2^P32 This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.

^P1^P23 Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

4 Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

5 The following provisions of this Act, namely—

a this section;

b sections 16, 17(1) and (2), 24 and 26(3) and (4); and

c Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, ^F138. . . and, so far as relating to the ^M35Social Work (Scotland) Act 1968, Schedule 13,

also extend to Scotland; and section 23(2) above and, in so far as relating to the ^M36Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

6 This section, section 16 above, Schedule 3 to this Act, ^F139. . . and, so far as relating to the ^M37Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.

7 An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—

a section 37 of that Act as amended by section 17(1) above; and

b section 32 of the 1980 Act as amended by section 17(2) above,

shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.

^F1407A Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

8 Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the ^M38Army Act 1955, the ^M39Air Force Act 1955, the ^M40Naval Discipline Act 1957 or the ^M41Armed Forces Act 1991.

SCHEDULES

^F141^I35SCHEDULE 1 ¶

Amendments of 1973 Act

Sections 8(3) and 9(2).

^I119Part I Provisions Inserted as Sections 1A to 1C¶

Discharge

1A Absolute and conditional discharge.

1 Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—

a discharging him absolutely; or

b if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding three years from the date of the order, as may be specified in the order.

2 An order discharging a person subject to such a condition is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.

3 Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

4 Where, under the following provisions of this Part of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

5 The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

1B Commission of further offence by person conditionally discharged.

1 If it appears to the Crown Court, where that court has jurisdiction in accordance with subsection (2) below, or to a justice of the peace having jurisdiction in accordance with that subsection, that a person in whose case an order for conditional discharge has been made—

a has been convicted by a court in any part of Great Britain of an offence committed during the period of conditional discharge; and

b has been dealt with in respect of that offence,

that court or justice may, subject to subsection (3) below, issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest.

2 Jurisdiction for the purposes of subsection (1) above may be exercised—

a if the order for conditional discharge was made by the Crown Court, by that court;

b if the order was made by a magistrates’ court, by a justice acting for the petty sessions area for which that court acts.

3 A justice of the peace shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.

4 A summons or warrant issued under this section shall direct the person to whom it relates to appear or to be brought before the court by which the order for conditional discharge was made.

5 If a person in whose case an order for conditional discharge has been made by the Crown Court is convicted by a magistrates’ court of an offence committed during the period of conditional discharge, the magistrates’ court—

a may commit him to custody or release him on bail until he can be brought or appear before the Crown Court; and

b if it does so, shall send to the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the clerk of the court by whom the register is kept.

6 Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with him, for the offence for which the order was made, in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.

7 If a person in whose case an order for conditional discharge has been made by a magistrates’ court—

a is convicted before the Crown Court of an offence committed during the period of conditional discharge; or

b is dealt with by the Crown Court for any such offence in respect of which he was committed for sentence to the Crown Court,

the Crown Court may deal with him, for the offence for which the order was made, in any manner in which the magistrates’ court could deal with him if it had just convicted him of that offence.

8 If a person in whose case an order for conditional discharge has been made by a magistrates’ court is convicted by another magistrates’ court of any offence committed during the period of conditional discharge, that other court may, with the consent of the court which made the order, deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if it had just convicted him of that offence.

9 Where an order for conditional discharge has been made by a magistrates’ court in the case of an offender under eighteen years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (6), (7) or (8) above by that or any other court in respect of the offender after he has attained the age of eighteen years shall be those which would be exercisable if that offence were an offence triable either way and had been tried summarily.

10 For the purposes of this section the age of an offender at a particular time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.

1C Effect of discharge.

1 Subject to subsection (2) below and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980, a conviction of an offence for which an order is made under this Part of this Act discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than—

a the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the following provisions of this Act; and

b the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969.

2 Where the offender was of or over eighteen years of age at the time of his conviction of the offence in question and is subsequently sentenced under this Part of this Act for that offence, subsection (1) above shall cease to apply to the conviction.

3 Without prejudice to the preceding provisions of this section, the conviction of an offender who is discharged absolutely or conditionally under this Part of this Act shall in any event be disregarded for the purposes of any enactment or instrument which—

a imposes any disqualification or disability upon convicted persons; or

b authorises or requires the imposition of any such disqualification or disability.

4 The preceding provisions of this section shall not affect—

a any right of any offender discharged absolutely or conditionally under this Part of this Act to rely on his conviction in bar of any subsequent proceedings for the same offence; or

b the restoration of any property in consequence of the conviction of any such offender; or

c the operation, in relation to any such offender, of any enactment or instrument in force at the commencement of this Act which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.

5 In this section “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

^I120Part II Provisions Inserted as Schedule 1A¶

Schedule 1A

Additional Requirements in Probation Orders

Requirements as to residence

1 Subject to sub-paragraphs (2) and (3) below, a probation order may include requirements as to the residence of the offender.

2 Before making a probation order containing any such requirement, the court shall consider the home surroundings of the offender.

3 Where a probation order requires the offender to reside in an approved hostel or any other institution, the period for which he is so required to reside shall be specified in the order.

Requirements as to activities etc.

1 Subject to the provisions of this paragraph, a probation order may require the offender—

a to present himself to a person or persons specified in the order at a place or places so specified;

b to participate or refrain from participating in activities specified in the order—

i on a day or days so specified; or

ii during the probation period or such portion of it as may be so specified.

2 A court shall not include in a probation order a requirement such as is mentioned in sub-paragraph (1) above unless—

a it has consulted a probation officer; and

b it is satisfied that it is feasible to secure compliance with the requirement.

3 A court shall not include a requirement such as is mentioned in sub-paragraph (1)(a) above or a requirement to participate in activities if it would involve the co-operation of a person other than the offender and the probation officer responsible for his supervision, unless that other person consents to its inclusion.

4 A requirement such as is mentioned in sub-paragraph (1)(a) above shall operate to require the offender—

a in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place or places for not more than 60 days in the aggregate; and

b while at any place, to comply with instructions given by, or under the authority of, the person in charge of that place.

5 A place specified in an order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.

6 A requirement to participate in activities shall operate to require the offender—

a in accordance with instructions given by the probation officer responsible for his supervision, to participate in activities for not more than 60 days in the aggregate; and

b while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.

7 Instructions given by a probation officer under sub-paragraph (4) or (6) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends a school or other educational establishment.

Requirements as to attendance at probation centre

1 Subject to the provisions of this paragraph, a probation order may require the offender during the probation period to attend at a probation centre specified in the order.

2 A court shall not include such a requirement in a probation order unless—

a it has consulted a probation officer; and

b it is satisfied—

i that arrangements can be made for the offender’s attendance at a centre; and

ii that the person in charge of the centre consents to the inclusion of the requirement.

3 A requirement under sub-paragraph (1) above shall operate to require the offender—

a in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and

b while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.

4 Instructions given by a probation officer under sub-paragraph (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends a school or other educational establishment.

5 References in this paragraph to attendance at a probation centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.

6 The Secretary of State may make rules for regulating the provision and carrying on of probation centres and the attendance at such centres of persons subject to probation orders; and such rules may in particular include provision with respect to hours of attendance, the reckoning of days of attendance and the keeping of attendance records.

7 In this paragraph “probation centre” means premises—

a at which non-residential facilities are provided for use in connection with the rehabilitation of offenders; and

b which are for the time being approved by the Secretary of State as providing facilities suitable for persons subject to probation orders.

Extension of requirements for sexual offenders

1 If the court so directs in the case of an offender who has been convicted of a sexual offence—

a sub-paragraphs (4) and (6) of paragraph 2 above; and

b sub-paragraph (3) of paragraph 3 above,

shall each have effect as if for the reference to 60 days there were substituted a reference to such greater number of days as may be specified in the direction.

2 In this paragraph “sexual offence” has the same meaning as in Part I of the Criminal Justice Act 1991.

Requirements as to treatment for mental condition etc.

1 This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a duly qualified medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the offender—

a is such as requires and may be susceptible to treatment; but

b is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.

2 The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a duly qualified medical practitioner with a view to the improvement of the offender’s mental condition.

3 The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

a treatment as a resident patient in a mental hospital;

b treatment as a non-resident patient at such institution or place as may be specified in the order; and

c treatment by or under the direction of such duly qualified medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

4 A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient).

5 While the offender is under treatment as a resident patient in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

6 Where the medical practitioner by whom or under whose direction an offender is being treated for his mental condition in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

a is not specified in the order; and

b is one in or at which the treatment of the offender will be given by or under the direction of a duly qualified medical practitioner,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

7 Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.

8 Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

a the medical practitioner by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

b the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

9 Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

10 In this paragraph “mental hospital” means a hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Registered Homes Act 1984, not being a special hospital within the meaning of the National Health Service Act 1977.

Requirements as to treatment for drug or alcohol dependency

1 This paragraph applies where a court proposing to make a probation order is satisfied—

a that the offender is dependent on drugs or alcohol;

b that his dependency caused or contributed to the offence in respect of which the order is proposed to be made; and

c that his dependency is such as requires and may be susceptible to treatment.

2 The probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part of that period as may be specified in the order, to treatment by or under the direction of a person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on drugs or alcohol.

3 The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

a treatment as a resident in such institution or place as may be specified in the order;

b treatment as a non-resident in or at such institution or place as may be so specified; and

c treatment by or under the direction of such person having the necessary qualifications or experience as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

4 A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).

5 While the offender is under treatment as a resident in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

6 Where the person by whom or under whose direction an offender is being treated for dependency on drugs or alcohol in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

a is not specified in the order; and

b is one in or at which the treatment of the offender will be given by or under the direction of a person having the necessary qualifications or experience,

he may, with the consent of the offender, make arrangements for him to be treated accordingly.

7 Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.

8 Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—

a the person by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institution or place in or at which the treatment is to be carried out; and

b the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

9 In this paragraph the reference to the offender being dependent on drugs or alcohol includes a reference to his having a propensity towards the misuse of drugs or alcohol, and references to his dependency on drugs or alcohol shall be construed accordingly.

^I36^F142^C13SCHEDULE 2 ¶

Enforcement etc. of Community Orders

Section 14(1).

^I121Part I Preliminary¶

^I1221 ¶

1 In this Schedule “relevant order” means any of the following orders, namely, a probation order, a drug treatment and testing order, a community service order and a curfew order; and “the petty sessions area concerned” means—

a in relation to a probation, community service or drug treatment and testing order, the petty sessions area for the time being specified in the order; and

b in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated.

2 Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders—

a in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

b in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

3 In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act.

4 In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.

5 Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed—

a if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;

b if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

6 Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.

^I123Part II Breach of Requirement of Order¶

Issue of summons or warrant¶

^I1242 ¶

1 If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—

a in the case of a drug treatment and testing order, before the court responsible for the order;

b in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

c in the case of any other relevant order, before a magistrates’ court acting for the petty sessions area concerned.

2 Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought

a except where the relevant order is a drug treatment and testing order, before a magistrates’ court acting for the petty sessions area concerned;

b in the excepted case, before the court responsible for the order.

Powers of magistrates’ court¶

^I125^C483 ¶

^C491 If it is proved to the satisfaction of a magistrates’ courtbefore which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—

a it may impose on him a fine not exceeding £1,000;

b subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

c where—

i the relevant order is a probation order and the offender is under the age of twenty-one years, or

ii the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or

^C50d where the relevant order was made by a magistrates’ court, it may ^F347. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

2 In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—

^C51a shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

^F348b in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

2A Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

3 Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

4 A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court—

a a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

b such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

5 A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.

Powers of Crown Court¶

^I126^C524 ¶

^C531 Where under paragraph 2 or by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—

a it may impose on him a fine not exceeding £1,000;

b subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

c where—

i the relevant order is a probation order and the offender is under the age of twenty-one years, or

ii the relevant order is a curfew order and the offender is under the age of sixteen years,

d it may ^F353. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted before the Crown Court of the offence.

2 In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

a shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

^F355b in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

2A Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

3 In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

Exclusions¶

^I1275 ¶

1 Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.

2 An offender who

a is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or

b is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,

shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Supplemental¶

^I1286 ¶

1 Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) , (b) or (c) above shall be without prejudice to the continuance of the relevant order.

2 A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

3 The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

a shall be specified in the order and shall not exceed 60 in the aggregate; and

b where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

3A A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years.

4 Section 14(2) of the 1973 Act and, so far as applicable—

a the following provisions of that Act relating to community service orders; and

b the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

5 Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above—

a the power conferred on the court by each of paragraphs 3(1)(d) and 4(1)(d) above and paragraph 7(2)(b)below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court could deal with him if that failure to comply had just been proved to the satisfaction of the court;

b the references in paragraphs 7(1)(b) and 8(1)(a) below to the offence in respect of which the order was made shall be construed as references to the failure to comply in respect of which the order was made; and

c the power conferred on the court by paragraph 8(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court which made the original order could deal with him if that failure had just been proved to the satisfaction of that court;

and in this sub-paragraph “the original order” means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b).

6 The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted—

a subsection (13) of section 17;

b from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”.

6A ¶

1 Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following—

a to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

b to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

2 In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.

^I129Part III Revocation of Order¶

Revocation of order with or without re-sentencing¶

^I1307 ¶

1 This paragraph applies where a relevant order made by a magistrates’ courtis in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned or, where the relevant order is a drug treatment and testing order , to the magistrates’ court responsible for the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

a that the order should be revoked; or

b that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

2 The court may—

a revoke the order; or

b revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

3 The circumstances in which a probation order or drug treatment and testing ordermay be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

4 In dealing with an offender under sub-paragraph (2)(b)above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

5 An offender sentenced under sub-paragraph (2)(b)above for an offence may appeal to the Crown Court against the sentence.

^F3746 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

8 No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

^I1318 ¶

1 This paragraph applies where—

a a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

b an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.

2 If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

a revoke the order; or

b revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order.

3 The circumstances in which a probation order or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

4 In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

8A ¶

1 This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the courtthat, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

a for the probation order to be revoked; and

b for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.

2 No application may be made under paragraph 7 or 8above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.

3 Where this paragraph applies ^F382. . .—

a the court dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

b the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.

^F3844 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3845 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 For the purposes of sub-paragraph (3) above, subsection (1) of section 1A of the 1973 Act shall apply as if—

a for the words from the beginning to “may make an order either” there were substituted the words “Where paragraph 8A of Schedule 2 to the ^M78Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) ^F386. . . of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender”; and

b paragraph (a) of that subsection were omitted.

7 An application under this paragraph may be heard in the offender’s absence if—

a the application is made by the responsible officer; and

b that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

and where the application is so heard section 1A(3) of the 1973 Act shall not apply.

8 No application may be made under this paragraph while an appeal against the probation order is pending.

9 Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

10 Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.

Revocation of order following custodial sentence¶

^I1329 ¶

1 This paragraph applies where—

a an offender in respect of whom a relevant order is in force is convicted of an offence—

i by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or

ii where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and

b the court imposes a custodial sentence on the offender.

2 If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—

a if the order was made by a magistrates’ court, revoke it; and

b if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

3 Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

^I13310 ¶

Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.

Supplemental¶

^I13411 ¶

1 On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.

2 A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

11A ¶

Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words “powers exercisable under paragraph 3(1)(d) above” there were substituted the words “powers to deal with the offender which are exercisable under paragraph 7(2)(b) or 8(2)(b) below”.

11B ¶

Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and—

a the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates’ court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but

b the relevant order was made in those circumstances,

section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances.

^I142Part IV Amendment of Order¶

Amendment by reason of change of residence¶

^I13512 ¶

1 This paragraph applies where, at any time while a relevant order (other than a drug treatment and testing order)is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

2 Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

3 The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either—

a cancels those requirements; or

b substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

4 The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

5 Where—

a the court amends a probation order or community service order under this paragraph;

b a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and

c the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,

the court shall further amend the order by substituting the other authority for the authority specified in the order.

6 In sub-paragraph (5) above “local authority” has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.

Amendment of requirements of probation or curfew order¶

^I136^C5413 ¶

1 Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—

a by cancelling any of the requirements of the order; or

b by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

2 The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely—

a the court shall not amend a probation order—

i by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or

ii by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the offender has expressed his willingness to comply with such a requirement and the amending order is made within three months after the date of the original order; and

b the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

3 In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

Amendment of certain requirements of probation order¶

^I137^F39414 ¶

1 Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—

a is of the opinion mentioned in sub-paragraph (2) below; or

b is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.

2 The opinion referred to in sub-paragraph (1) above is—

a that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

b that the offender needs different treatment ^F395. . .;

c that the offender is not susceptible to treatment; or

d that the offender does not require further treatment.

Amendment of drug treatment and testing order¶

^F40214A ¶

1 Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order—

a vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or

b amend the order on an application by that officer under sub-paragraph (3)(c) below.

2 Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

a he shall make a report in writing to that effect to the responsible officer; and

b that officer shall apply to the court for the variation or cancellation of the requirement.

3 Where the responsible officer is of the opinion—

a that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

b that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

c that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

4 The court—

a shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

b shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified.

5 If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

a revoke the order; and

b deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

6 In dealing with the offender under sub-paragraph (5)(b) above, the court—

a shall take into account the extent to which the offender has complied with the requirements of the order; and

b may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

7 Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”.

8 In this paragraph—

“review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998;
“the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.

Extension of community service order¶

^I13815 ¶

Where—

a a community service order is in force in respect of any offender; and

b on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.

Supplemental¶

^I13916 ¶

No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above or, except with the consent of the offender, under paragraph 14A above, while an appeal against the relevant order is pending.

^I14017 ¶

1 Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—

a shall summon him to appear before the court; and

b if he does not appear in answer to the summons, may issue a warrant for his arrest;

^F397. . .

2 This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

^I14118 ¶

1 On the making under this Part of this Schedule of an order amending a relevant order (other than a drug treatment and testing order), the clerk to the court shall forthwith—

a if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

b if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

i copies of the amending order; and

ii such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.

1A On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.

2 A responsible officer to whom in accordance with sub-paragraph (1) or (1A)above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.

^I44SCHEDULE 3 ¶

Reciprocal Enforcement of Certain Orders

Section 16.

^F143^I37Part I Transfer of Community Orders to Scotland or Northern Ireland¶

Probation orders: Scotland¶

^I1431 ¶

1 Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

2 Where a probation order has been made and—

a a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and

b it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

3 Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—

a any reference to a probation officer were a reference to an officer of the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

b the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;

c paragraph 3 (requirements as to attendance at probation centre) were omitted; and

d the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the ^M79Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.

4 A probation order made or amended in accordance with this paragraph shall—

a specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

b specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the ^M80Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Probation orders: Northern Ireland¶

^I1442 ¶

1 Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection—

2 Where a probation order has been made and—

a a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

b it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

3 Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—

a any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

b the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

c references in paragraph 3 to a probation centre were references to a day centre within the meaning of paragraph 3 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996; and

d the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 .

4 A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Community service orders: Scotland¶

^I1453 ¶

1 Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—

2 Where a community service order has been made and—

a a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;

b the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

c it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

3 A community service order made or amended in accordance with this paragraph shall—

a specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

b require the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.

Community service orders: Northern Ireland¶

^I1464 ¶

1 Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—

^F407a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b ^F408. . . as if for subsection (2A) there were substituted the following subsection—

2 Where a community service order has been made and—

a a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

b it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed ^F409. . ..

3 A community service order made or amended in accordance with this paragraph shall—

a specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

b require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the Part II of the Criminal Justice (Northern Ireland) Order 1996.

Combination orders: Scotland¶

^I1475 ¶

Paragraphs 1 and 3 above shall apply in relation to combination orders—

a in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

b in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

General¶

^I1486 ¶

1 Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

2 Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—

a the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

b the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

3 Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—

a the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

b the powers of the home court under that legislation, as modified by this paragraph; and

c its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.

4 The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—

a in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the ^M81Criminal Procedure (Scotland) Act 1975;

b in the case of a probation order, a power conferred by paragraphs 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996

c in the case of a community service order—

i a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the ^M82Community Service by Offenders (Scotland) Act 1978;

^F412ii a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996;or

iii a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

5 If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—

a it appears to the home court—

i if that court is in Scotland, on information from the local authority officer concerned; and

ii if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or

b it appears to the home court on the application of the offender or—

i if that court is in Scotland, of the local authority officer concerned; and

ii if it is in Northern Ireland, of the probation officer concerned,

that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act to be exercised,

the home court may require the offender to appear before the court which made the order.

6 Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—

a may issue a warrant for his arrest; and

b may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.

7 Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—

a the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

b a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

8 In this paragraph—

“corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the ^M83Criminal Procedure (Scotland) Act 1975;
“home court” means—

a if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and

b if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

“the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the ^M84Community Service by Offenders (Scotland) Act 1978;
“the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part II of the Criminal Justice (Northern Ireland) Order 1996;
“the relevant time” means the time when the order or the amendment to it comes into force.

^I40Part II Transfer of Corresponding Orders from Scotland¶

Probation orders¶

^I387

1 The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

2 In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—

3 In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

a in subsection (1)—

i for the words “that the offender shall perform unpaid work” there shall be substituted the words “which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the ^M42Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule”;

ii for the word “17” there shall be substituted the word “16”’

iii the word “and”, where it secondly occurs, shall cease to have effect; and

iv at the end there shall be added the words “; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.”;

b in subsection (2)—

i for the words “that the probationer has attained the age of 17 years and proposes to reside in or is residing in England” there shall be substituted the following paragraphs—

; and

ii after the word “section”, where it secondly occurs, there shall be inserted the words “or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred”;

c in subsection (3)—

i in paragraph (a), for the words “section 3(2) of” and “section 3 of” there shall be substituted, respectively, the words “paragraph 5(3) of Schedule 1A to” and “paragraph 5 of Schedule 1A to”; and

ii in paragraph (b), for the words “subsections (4) to (6) of section 3 of” there shall be substituted the words “sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to”;

d in subsection (4), for the words from “the Powers” to the end of the proviso there shall be substituted the words

Schedule 2 to the Criminal Justice Act 1991 shall apply to the order—

a except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and

b in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 11 of the said Act of 1991:

Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland.

; and

e in subsection (5), for the words from “for which” to “this section” there shall be substituted the words “named in a probation order made or amended under this section that the person to whom the order relates”.

4 Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Community service orders¶

^F1448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision requirements¶

^I399Section 72 of the ^M43Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—

a in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—

;

b in subsection (1A)—

i for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;

ii after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and

iii paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;

^F145c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and

e subsection (4) shall cease to have effect.

^I43Part III Transfer of Probation Orders from Northern Ireland¶

^I4110

1 Where ^F146... a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

2 Where a probation order has been made by a court in Northern Ireland and—

a a court of summary jurisdiction ^F472... is satisfied that the offender ^F149... proposes to reside or is residing in England and Wales; and

b it appears to the court that suitable arrangements for his supervision can be made by

i the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

ii a youth offending team established by a local authority for the area in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside .

3 Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if—

a any reference to a probation officer were a reference to

i an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

ii a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;

b the reference in paragraph 4(3) to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the ^M44Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided;

c the reference in paragraph 2(5) to the Probation Board for Northern Ireland were a reference to the local probation board for the area in which the premises are situated or to the provider of probation services operating in the local justice area in which the premises are situated; and

d in paragraph 3 “day centre” meant a community rehabilitation centre within the meaning of section 201 of the Criminal Justice Act 2003or an attendance centre provided under section 221 of that Act.

4 A probation order made or amended in accordance with this paragraph shall specify the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

^I4211

1 Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

2 Where an adult probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—

a the order shall be treated as if it were a community order made in England and Wales ^F167. . . ; and

b the provisions of Chapter 2 of Part 9 of the Sentencing Code shall apply accordingly.

2A Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

a the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

b the provisions of Chapter 1 of Part 9 of the Sentencing Code shall apply accordingly.

3 Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—

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

b the powers of the home court under that legislation, as modified by this paragraph; and

c its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996.

4 The home court may exercise in relation to the probation order any power which it could exercise in relation to a community order or, as the case may be, a youth rehabilitation order made by a court in England and Wales ^F176. . . , except a power conferred by paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code or by paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code.

5 If at any time while Chapter 2 of Part 9 of the Sentencing Code or, as the case may be, Chapter 1 of that Part applies by virtue of sub-paragraph (2) or (2A) (as the case may be) to a probation order made in Northern Ireland it appears to the home court—

a on information to a justice of the peace acting in the local justice area for the time being specified in the order, that the offender has failed to comply with any of the requirements of that Part applicable to the order; or

b on the application of—

i the offender, or the

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

, that it would be in the interests of justice for the power conferred by paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 to be exercised,

the home court may require the offender to appear before the court which made the order.

6 Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—

a may issue a warrant for his arrest; and

b may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

and Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly.

7 Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

b a certificate purporting to be signed by the designated officer for the home court shall be admissible as evidence of the failure before the court which made the order.

8 In this paragraph

“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
“community order” has the meaning given by section 200 of the Sentencing Code;
“home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction acting in the local justice area in which he resides or proposes to reside.
“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
“youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.

^I50SCHEDULE 4 ¶

Increase of Certain Maxima

Section 17(3).

^I45Part I Substitution of Other Amounts¶

(1) Provision	(2) General description	(3) Present amount	(4) New amount
^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 23(3) of the Attachment of Earnings Act 1971.	Maximum judge’s fine in High Court or county court.	£100	£250
^F189. . ..	^F189. . ..	^F189. . .	^F189. . .
^F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	^F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
^F189. . ..	^F189. . ..	^F189. . .	^F189. . .
Section 63(3)(a) of the 1980 Act.	Maximum fine for disobedience of order other than for payment of money.	£2,000	£5,000
Section 97(4) of that Act.	Maximum fine for refusal to give evidence.	£1,000	£2,500
Section 12(2) of the Contempt of Court Act 1981.	Maximum fine for contempt in face of magistrates’ court.	£1,000	£2,500
Section 14(2) of that Act.	Maximum fine for contempt in an inferior court.	£1,000	£2,500
Section 55(2) of the County Courts Act 1984.	Maximum fine for neglecting witness summons.	£400	£1,000
Section 118 (1) of that Act.	Maximum fine for contempt of court.	£1,000	£2,500
Section 10(1) and (2) and 21(5) of the Coroners Act 1988.	Maximum coroner’s fine for refusal to give evidence etc.	£400	£1,000

^I46Part II Substitution of Levels on Standard Scale¶

Section 33(1)(a) of the 1980 Act.	Maximum fine on summary conviction of offence tried in pursuance of section 22 of that Act (certain offences triable either way to be tried summarily if value involved is small).	£1,000	Level 4
Section 34(3)(b) of that Act.	Maximum fine on summary conviction where statute provides no express power to fine.	£400	Level 3

^I47Part III Substitution of Statutory Maximum¶

(1) Provision	(2) General description	(3) Present amount
Section 6(8) of the Whaling Industry (Regulation) Act 1934.	Maximum fine on summary conviction for failure to keep or falsify records.	£1,000
Section 9(1) of that Act.	Maximum fine on summary conviction for forgery of certain documents.	£1,000
Section 11(1)(c) of the Sea Fisheries (Conservation) Act 1967.	Maximum fine on summary conviction for an offence under section 1, 2, 4(7) or (7A), 4A(7) or (8), 6(5) or (5A)(b) or 7(3) of that Act.	£1,000
Section 16(1A) of that Act.	Maximum fine on summary conviction for assaulting or obstructing officer exercising enforcement powers.	£1,000
Section 5(4) of the Sea Fisheries Act 1968.	Maximum fine on summary conviction for contravening order regulating fishing operations.	£1,000

^I48Part IV Provisions Substituted for Schedule 6A to 1980 Act¶

Schedule 6A

Fines that may be Altered under Section 143

Enactment	Maximum fine
CHILDREN AND YOUNG PERSONS ACT 1969 (c.54)Section 15(3)(a) (failure to comply with supervision order)	£1,000
Section 15(5)(b) and (c) (failure to comply with supervision order)	£5,000
ATTACHMENT OF EARNINGS ACT 1971 (c.32)Section 23(3) (judge’s fine)	£250
POWERS OF CRIMINAL COURTS ACT 1973 (c.62)Section 27(3) (failure to comply with suspended sentence supervision order)	£1,000
MAGISTRATES’ COURTS ACT 1980 (c.43)Section 63(3)(a) (disobedience of orders other than payment of money)	£5,000
Section 97(4) (refusal to give evidence etc.)	£2,500
CONTEMPT OF COURT ACT 1981 (c.49)Section 12(2) (contempt in face of magistrates’ court)	£2,500
Section 14(2) (contempt in an inferior court)	£2,500

Enactment	Maximum fine
CRIMINAL JUSTICE ACT 1982 (c.48)Section 19(3) (failure to comply with attendance centre order or attendance centre rules)	£1,000
COUNTY COURTS ACT 1984 (c.28)Section 55(2) (neglect or refusal to give evidence)	£1,000
Section 118(1) (contempt in face of court) £2,500
CORONERS ACT 1988 (c.13)Sections 10(1) and (2) and 21(5) (refusal to give evidence etc.)	£1,000
CRIMINAL JUSTICE ACT 1991 (c.53)In Schedule 2, paragraphs 3(1) and 4(1) (failure to comply with probation, community service, curfew or combination order)	£1,000

^I49^F192Part V Other Amendments¶

^I1491 ¶

In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection—

^I1502 ¶

In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection—

^I1513 ¶

In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), after subsection (2) there shall be inserted the following subsection—

^I1524 ¶

In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection—

^F193^F193 SCHEDULE 5 ¶

^F418Status and capacity¶

^F4161 ¶

1 The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

2 It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of

a its functions under this Part in respect of long-term and short-term prisoners; and

b its functions under Chapter II of Part II of the ^M85Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter

^F419 Membership¶

^F4202 ¶

1 The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

2 The Board shall include among its members—

a a person who holds or has held judicial office;

b a registered medical practitioner who is a psychiatrist;

c a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

d a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

3 A member of the Board—

a shall hold and vacate office in accordance with the terms of his appointment;

b may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.

^F421Payments to members¶

^F4223 ¶

1 The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

2 The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

3 If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

4 A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

^F424Proceedings¶

^F4234 ¶

1 Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

2 The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.

3 The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

^F425Staff¶

^F4265 ¶

1 The Board may appoint such number of employees as it may determine.

2 The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

3 Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

4 The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

Reports¶

^F4276 ¶

1 Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”.

2 The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

^F428Financial provisions¶

^F4297 ¶

1 The Secretary of State shall pay to the Board—

a any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

b with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

2 Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

^F430Authentication of Board’s seal¶

^F4318 ¶

The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

^F432Presumption of authenticity of documents issued by Board¶

^F4339 ¶

Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

^F434Accounts and audit¶

^F43510 ¶

1 It shall be the duty of the Board—

a to keep proper accounts and proper records in relation to the accounts;

b to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

c to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

2 The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

3 In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

^F436Reports¶

^F43711 ¶

The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.

^E5^I59 SCHEDULE 6 ¶

Notices of Transfer: Procedure in lieu of Committal

Section 53(5).

Contents of notice of transfer¶

^I511

1 A notice of transfer shall specify the proposed place of trial; and in selecting that place the Director of Public Prosecutions shall have regard to the considerations to which a magistrates’ court committing a person for trial is required by section 7 of the 1980 Act to have regard when selecting the place at which he is to be tried.

2 A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 4 below may require.

Remand¶

^I522

1 If a magistrates’ court has remanded in custody a person to whom a notice of transfer relates, it shall have power, subject to section 4 of the ^M45Bail Act 1976 , section 25 of the Criminal Justice and Public Order Act 1994 and regulations under section 22 of the ^M46Prosecution of Offences Act 1985—

a to order that he shall be safely kept in custody until delivered in due course of law; or

b to release him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

2 Where—

a a person’s release on bail under paragraph (b) of sub-paragraph (1) above is conditional on his providing one or more sureties; and

b in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in paragraph (a) of that sub-paragraph.

3 If the conditions specified in sub-paragraph (4) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 Act it would have the power further to remand him on an adjournment such as is mentioned in that subsection.

4 The conditions referred to in sub-paragraph (3) above are—

a that the person in question has given his written consent to the powers conferred by sub-paragraph (1) above being exercised without his being brought before the court; and

b that the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.

5 Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue.

6 Where that requirement ceases by virtue of sub-paragraph (5) above, it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the ^M47Senior Courts Act 1981.

7 If, in a case where the notice states that the requirement mentioned in sub-paragraph (5) above is to continue, a person to whom the notice relates appears before the magistrates’ court, the court shall have—

a the powers and duties conferred on a magistrates’ court by sub-paragraph (1) above but subject as there provided; and

b power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with section 128(4)(a) of the 1980 Act so that the surety is bound to secure that the person charged appears also before the Crown Court.

Witnesses¶

^I533For the purposes of the ^M48Criminal Procedure (Attendance of Witnesses) Act 1965—

a any magistrates’ court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and

b a person indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.

Regulations¶

^I544

1 The Attorney General—

a shall by regulations make provision requiring a copy of a notice of transfer, together with copies of the documents containing the evidence (including oral evidence) on which any charge to which it relates is based, to be given—

i to any person to whom the notice of transfer relates; and

ii to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial; and

b may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of the Director of Public Prosecutions in relation to such notices, as appears to him to be appropriate.

^F1971A Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.

2 The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Applications for dismissal¶

^I55^C145

1 Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed.

2 The judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.

3 No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.

4 Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

5 No leave or order under sub-paragraph (4) above shall be given or made in relation to oral evidence from a child (within the meaning of section 53 of this Act) who is alleged—

a to be a person against whom an offence to which the notice of transfer relates was committed; or

b to have witnessed the commission of such an offence.

6 If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.

7 Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.

8 Criminal Procedure Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—

a as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);

b as to the contents and form of notices or other documents;

c as to the manner in which evidence is to be submitted; and

d as to persons to be served with notices or other material.

Reporting restrictions¶

^I566

1 Except as provided by this paragraph, it shall not be lawful—

a to publish in Great Britain a written report of an application under paragraph 5(1) above; or

b to include in a relevant programme for reception in Great Britain a report of such an application,

if (in either case) the report contains any matter other than that permitted by this paragraph.

2 An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 5(1) above may be made by the judge dealing with the application.

3 Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

4 An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

5 It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 5(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

6 Where—

a two or more persons were jointly charged; and

b applications under paragraph 5(1) above are made by more than one of them,

sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.

7 It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

8 The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (7) above, that is to say—

a the identity of the court and the name of the judge;

b the names, ages, home addresses and occupations of the accused and witnesses;

c the offence or offences, or a summary of them, with which the accused is or are charged;

d the names of counsel and solicitors engaged in the proceedings;

e where the proceedings are adjourned, the date and place to which they are adjourned;

f the arrangements as to bail;

g whether legal aid was granted to the accused or any of the accused.

9 The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—

a at any relevant time; and

b at the time of their publication or inclusion in a relevant programme.

10 If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—

a in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

b in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

c in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

11 Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

12 Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

13 In this paragraph—

“publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
“relevant programme” means a programme included in a programme service (within the meaning of the ^M49Broadcasting Act 1990);
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

Avoidance of delay¶

^I577

1 Where a notice of transfer has been given in relation to any case—

a the Crown Court before which the case is to be tried; and

b any magistrates’ court which exercises any functions under paragraph 2 or 3 above or section 20(4) of the ^M50Legal Aid Act 1988 in relation to the case,

shall, in exercising any of its powers in relation to the case, have regard to the desirability of avoiding prejudice to the welfare of any relevant child witness that may be occasioned by unnecessary delay in bringing the case to trial.

2 In this paragraph “child” has the same meaning as in section 53 of this Act and “relevant child witness” means a child who will be called as a witness at the trial and who is alleged—

a to be a person against whom an offence to which the notice of transfer relates was committed; or

b to have witnessed the commission of such an offence.

Procedures for indictment of offenders¶

^I588

1 In subsection (2) of section 2 of the ^M51Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph—

2 In paragraph (iA) of the proviso to that subsection—

a after the words “paragraph (aa)” there shall be inserted the words “or (ab)”; and

b for the words “regulations under section 5(9) of the ^M52Criminal Justice Act 1987” there shall be substituted the the words “regulations under the relevant provision”.

3 At the end of that proviso there shall be inserted the words “and in paragraph (iA) above “the relevant provision” means section 5(9) of the ^M53Criminal Justice Act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991 in a case to which paragraph (ab) above applies”.

Legal aid¶

^F2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F201SCHEDULE 7 ¶

^E6^I65SCHEDULE 8 ¶

Amendments for Treating Persons Aged 17 as Young Persons

Section 68.

Children and Young Persons Act 1933 (c.12)¶

^I601

1 Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

2 In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

3 In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

Prison Act 1952 (c.52)¶

^I612In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.

Children and Young Persons Act 1963 (c.37)¶

^I623In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Children and Young Persons Act 1969 (c.54)¶

^I634

1 Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

2 In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

Rehabilitation of Offenders Act 1974 (c.53)¶

^F4635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts Act 1980 (c.43)¶

^I646

1 Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—

a for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;

b in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;

^F202c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F202d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.

3 In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.

^I71SCHEDULE 9 ¶

Amendments to Service Law

Section 71.

Army Act 1955 (c.18) and Air Force Act 1955 (c.19)¶

1^F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2^F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3^F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I664^F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Naval Discipline Act 1957 (c.53)¶

^I675^F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I686^F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I697^F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I708^F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I77SCHEDULE 10 ¶

Certification of Prisoner Custody Officers

Section 89.

Preliminary¶

^I721In this Schedule—

“certificate” means a certificate under section 89 of this Act;
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates¶

^C15^I732

1 Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

2 The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

a is a fit and proper person to perform the relevant functions; and

b has received training to such standard as he may consider appropriate for the performance of those functions.

3 Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

4 A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate¶

^I743

^F2111 This paragraph applies where at any time—

a in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

b in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

c in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

2 The prisoner escort monitor controller or governor may—

^F213a refer the matter to the Secretary of State for a decision under paragraph 4 below; and

b in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

3 The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate¶

^C16^I754Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statements¶

^I765If any person, for the purpose of obtaining a certificate for himself or for any other person—

a makes a statement which he knows to be false in a material particular; or

b recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

^E7^I92 SCHEDULE 11 ¶

Minor and Consequential Amendments

Section 100.

Children and Young Persons Act 1933 (c.12)¶

^I781In section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.

Criminal Justice Act 1967 (c.80)¶

^I792

1 Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.

2 In subsection (1A)(c)—

a after the word “remanded” there shall be inserted the words “or committed”; and

b after the words “section 23 of the ^M54Children and Young Persons Act 1969” there shall be inserted the words “or section 37 of the ^M55Magistrates’ Courts Act 1980”.

3 For subsection (5) there shall be substituted the following subsection—

4 In subsection (6)—

a after the word “being”, in the second place where it occurs, there shall be inserted the words “remanded or”;

b for the words “committed to the care of a local authority” there shall be substituted the words “remanded or committed to local authority accommodation”; and

c after the words “the said section 23” there shall be inserted the words “or 37”.

Criminal Appeal Act 1968 (c.19)¶

3^F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Evidence Act 1968 (c.64)¶

^F2165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54)¶

^F2176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicles (Excise) Act 1971 (c.10)¶

^F2209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts Act 1973 (c.62)¶

^F22110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Juries Act 1974 (c.23)¶

18^F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Solicitors Act 1974 (c.47)¶

^F23019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c.53)¶

^I8020In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—

^F231a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b the words “put on probation or” shall cease to have effect; and

c for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.

Bail Act 1976 (c.63)¶

^F23221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I8122

1 Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.

2 In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))”^F233. . . .

3 After sub-paragraph (1) there shall be inserted the following sub-paragraph—

4 In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”.

5 In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)¶

^I8223In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—

Magistrates’ Courts Act 1980 (c.43)¶

^F23424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I8325In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.

^F23526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I8427

^F480^C561 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 For subsection (3) of that section there shall be inserted the following subsection—

^I8528In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.

Contempt of Court Act 1981 (c.49)¶

^I8629

1 Section 12(2) of the ^M56Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.

2 In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.

Criminal Justice Act 1982 (c.48)¶

^F23630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F23731. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F23832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F23933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F24034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of Prisoners Act 1984 (c.47)¶

^I8735

1 In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

^F2412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)—

^F241a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^C17b in sub-paragraph (2), for the words “one third” there shall be substituted the words “any particular proportion or part”.

^F2414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c.23)¶

^I8836In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of “appropriate court” there shall be inserted the following definition—

Criminal Justice Act 1988 (c.33)¶

^I8937In section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the ^M57Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.

Road Traffic Offenders Act 1988 (c.53)¶

^F24238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extradition Act 1989 (c.33)¶

^F24339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to juvenile courts¶

^I9040

1 Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”.

2 The enactments referred to in sub-paragraph (1) above are as follows—

a in the 1933 Act, sections 45 to 49 ^F244. . . and 108(4) ^F245. . . ;

b in the ^M58Education Act 1944, section 40;

c in the ^M59Children Act 1948, section 4B;

d in the ^M60Adoption Act 1958, sections 43, 47 and 48;

e in the ^M61Children and Young Persons Act 1963, sections 3, 18, 23, 26, 28, 29 and 57;

f in the ^M62Administration of Justice Act 1964, section 12;

g in the 1969 Act, sections 1 to 3, ^F246. . . 10, ^F246. . . 20A to 22 and 70(1) and Schedule 4;

h in the ^M63Criminal Justice Act 1972, section 51(1);

^F247i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

j in the ^M64Adoption Act 1976, sections 34 and 37;

k in the 1979 Act, sections ^F248. . . 38(2) and 58(1) and (5);

l in the ^M65Child Care Act 1980, sections 5 to 7, 12C to 12E, 21A, 67 and 79(2);

m in the ^M66Foster Children Act 1980, sections 11(1), 12(1) and 14;

n in the 1980 Act, sections 12(1), 29, 104 and 146;

o in the 1982 Act, ^F249. . . in Schedule 3, the entry relating to section 49(2) of the 1933 Act;

p in the ^M67Administration of Justice Act 1985, section 61;

^F250q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

r in the ^M68Children Act 1989, section 90(1) and Schedule 14.

References to juvenile court panels¶

^I9141

1 Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”.

2 The enactments referred to in sub-paragraph (1) above are as follows—

a ^F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b in the 1973 Act, in Schedule 3, paragraph 2(3);

^F252c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d in the ^M69Child Care Act 1980, section 12E(5); and

e ^F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I101 SCHEDULE 12 ¶

Transitional Provisions and Savings

Section 101(1).

Custodial and community sentences¶

^F2541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2563. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2574. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Community orders: supplemental¶

^F2585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial penalties¶

^F2596. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6ASection 17 of this Act shall not apply in relation to offences committed before the commencement of that section.

Increase of certain penalties¶

^I937Neither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.

Early release: general¶

^F4418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F44110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early release of young persons detained under 1933 Act¶

^F44111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early release of prisoners serving extended sentences¶

^F44112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early release of fine defaulters and contemnors¶

^F44113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibilities of parent or guardian¶

^F26114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remands and committals of children and young persons¶

^I9415

1 In this paragraph—

“section 23” means section 23 of the 1969 Act as substituted by section 60(1) of this Act;
“the modifications” means the modifications of section 23 set out in section 62 of this Act;
“remand or committal” means a remand of a child or young person charged with or convicted of one or more offences, or a committal of a child or young person for trial or sentence.

2 Section 23 as it has effect with the modifications shall not apply in relation to any remand or committal which is in force immediately before the commencement of sections 60 and 62 of this Act.

3 Subject to sub-paragraphs (4) and (5) below, section 23 as it has effect without the modifications shall not apply in relation to any remand or committal which is in force immediately before the day appointed under section 62(1) of this Act.

4 Any person who, in pursuance of any such remand or committal, is held in a remand centre or prison shall be brought before the court which remanded or committed him before the end of the period of 8 days beginning with the day so appointed.

5 Where any person is brought before a court under sub-paragraph (4) above, section 23 as it has effect without the modifications shall apply as if the court were just remanding or committing him as mentioned in subsection (1)(a) of that section.

^I9516

1 Subsection (2)(a) of section 60 of this Act shall not apply in any case where proceedings for the offence in question have begun before the commencement of that section.

2 Subject to sub-paragraphs (3) and (4) below, subsection (2)(b) and (c) of that section shall not apply in relation to any committal under section 37 of the 1980 Act which is in force immediately before that commencement.

3 Any person less than 17 years old who, in pursuance of any such committal, is held in a remand centre or prison shall be brought before the court which committed him before the end of the period of 8 days beginning with that commencement.

4 Where any person is brought before a court under sub-paragraph (3) above, section 37 of the 1980 Act shall apply as if the court were just committing him under that section.

Custodial sentences for young offenders¶

^F26217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I9618Section 64 of this Act shall not apply in any case where the offence in question was committed before the commencement of that section and the offender is aged 16 at the date of his conviction.

Supervision of young offenders after release¶

^I97^C1819Section 65 of this Act shall not apply in relation to any person under the age of 22 years who, before the commencement of that section, is released from a term of detention in a young offender institution or under section 53 of the 1933 Act; and the repeal by this Act of section 15 of the 1982 Act shall not affect the operation of that section in relation to any such person who is so released.

Supervision orders¶

^F26320. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance centre orders¶

^F26421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions for treating persons aged 17 as young persons¶

^I9822

1 Paragraphs 1, 3, 4 and 6 of Schedule 8 shall not apply in any case where proceedings for the offence in question have begun before the commencement of that Schedule.

^F4642 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renaming of juvenile courts etc.¶

^I9923In relation to any time before the commencement of section 70 of this Act, references in any other provision of this Act, or in any enactment amended by this Act, to youth courts shall be construed as references to juvenile courts.

Supplemental¶

^I10024For the purposes of this Schedule proceedings for an offence shall be regarded as having begun as follows—

a in the case of an offence triable only summarily, when a plea is entered;

b in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;

c in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.

^E8^I102SCHEDULE 13 ¶

Repeals

Section 101(2).

Chapter	Short title	Extent of repeal
2 & 3 Vict. c. 47.	The Metropolitan Police Act 1839.	Section 11.
23 & 24 Geo. 5 c. 12.	The Children and Young Persons Act 1933.	Section 34(1).Section 38(1).
15 & 16 Geo. 6 & 1 Eliz. 2 c. 52.	The Prison Act 1952.	Section 25.
3 & 4 Eliz. 2 c. 18.	The Army Act 1955.	In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A).
3 & 4 Eliz. 2 c. 19.	The Air Force Act 1955.	In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A).
5 & 6 Eliz. 2 c. 53.	The Naval Discipline Act 1957.	In section 43AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 43AA(1A).Section 60(3A).
1967 c. 80.	The Criminal Justice Act 1967.	Sections 59 to 64.In section 67(6), the words “remanded or”, in the first place where they occur, and the words “section 23 of the Children and Young Persons Act 1969 or”.Schedule 2.
1968 c. 19.	The Criminal Appeal Act 1968.	In section 50(1A), the words “a probation order or”.
1968 c. 49.	The Social Work (Scotland) Act 1968.	In section 72, in subsection (1A), paragraph (a) and the word “and” immediately following that paragraph, and subsection (4).
1968 c. 64.	The Civil Evidence Act 1968.	In section 11(5)(a), the words “probation or”.
1969 c. 54.	The Children and Young Persons Act 1969.	In section 3, the words “disregarding section 4 of this Act”, in each place where they occur.Section 4.In section 5, subsections (1) to (7) and, in subsection (9), the definitions of “qualified informant” and “designated”.In section 7, in subsection (7), the words “is found guilty of homicide” and paragraph (c), and subsections (7B) and (7C).Section 8.Section 10(1)(a).In section 12AA, subsections (7), (8) and (12).In section 34(1), in paragraph (a), the word “4,” and paragraph (b).In Schedule 4, paragraphs 2 and 3.
1971 c. 10.	The Vehicles (Excise) Act 1971.	In section 9(5), the words “placing him on probation or”.
1971 c. 23.	The Courts Act 1971.	In Schedule 8, in paragraph 57(1)(a), the reference to subsection (2) of section 10.
1972 c. 19.	The Criminal Justice Act 1972.	Section 35.
1973 c. 62.	The Powers of Criminal Courts Act 1973.	Sections 5 to 10.Section 13.In section 14, in subsection (1), the words “instead of dealing with him in any other way” and, in subsection (3), the words “(i) or (ii)”.Sections 16 to 17C.Sections 20 and 20A.Sections 28 and 29.In section 30(1), the words “(such as the power to make a probation order)”.In section 42(2)(a), the words from “subject to” to “twelve months)”.Section 45.Section 48.In section 57(1), the definition of “supervising court”.Schedule 1.In Schedule 3, in paragraph 2(2)(a), the word “several”.
1974 c. 53.	The Rehabilitation of Offenders Act 1974.	In section 1(4), the words “put on probation or”.
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In section 403, the proviso to subsection (4) and, in subsection (6), the words “the proviso to subsection (4) of this section shall not apply, but”.In Schedule 9, paragraph 50.
1976 c. 63.	The Bail Act 1976.	In Schedule 1, in paragraph 8(1), the words from “or, in the case” to the end.
1977 c. 45.	The Criminal Law Act 1977.	Section 47.In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 3.
1980 c. 43.	The Magistrates’ Courts Act 1980.	In section 24(4), the words from “but this subsection” to the end.Section 35.In section 36(2), the words from “but this subsection” to the end.Section 103(3)(a).Section 37(1A).In section 108(1A), the words “ a probation order or”.Section 143(2)(i).In Schedule 3, paragraph 5.
1982 c. 48.	The Criminal Justice Act 1982.	In section 1, subsections (3) to (4A).In section 1A(3), the words “and section 1B(3) below”.In section 1B, subsections (1) and (3).Section 2.Section 15.Section 17(3).In section 18(6)(b), the words from the beginning to “residence”.Section 33.In section 48, subsections (1)(c) and (2).Section 62.Schedule 5.In Schedule 11, paragraph 6(a)(v).In Schedule 13, Part I.In Schedule 14, paragraphs 23(a), 25 and 32.
1983 c. 20.	The Mental Health Act 1983.	In section 50(3), the words from “and that period” to the end.
1984 c.60.	The Police and Criminal Evidence Act 1984.	In section 37, subsections (11) to (14).
1988 c. 33.	The Criminal Justice Act 1988.	Section 34(1).In section 123, subsections (2) and (3).Section 131(2).In Schedule 8, in paragraph 3(1)(c), the words “1(3) and”.In Schedule 10, in Part II, the words “section 15(1)”, “section 15(1) and (5) and” and “section 15(1)(a) and”, and Part III.In Schedule 15, paragraph 22(1).In Schedule 16, the entry relating to section 41(8) of the Administration of Justice Act 1970.
1988 c. 38.	The Legal Aid Act 1988.	In section 20(4), the word “or” immediately following paragraph (b).
1988 c. 53.	The Road Traffic Offenders Act 1988.	In section 46, in subsections (1) and (2), the words “placed on probation or”.
1989 c. 41.	The Children Act 1989.	In Schedule 12, paragraphs 21 and 24.In Schedule 13, paragraph 53(1).
1989 c. 42.	The Local Government and Housing Act 1989.	Section 189.
1991 c. 62.	The Armed Forces Act 1991.	In section 3(1), the words from “and after the words” to the end.In section 5, subsections (2)(b) and (9).In Schedule 2, paragraph 3.

Footnotes

E1
Nothing in s. 102(4) shall affect the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 or the Armed Forces Act 1991; see s. 102(8).
This Act extends to England and Wales only except as mentioned in s.102(5)-(8)
C1
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act: functions restricted from exercise in Scotland (30.6.1999) by S.I. 1999/1748, art. 8(2), Sch. 4 Pt. I, II paras. 1(1)(2), 6(1)(2)
C2
Act applied (with modifications) (E.W.S.) by The Employment Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), reg. 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)
Act applied (with modifications) (E.W.S.) (1.10.2010) by The Employment Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1, 16, Sch. 2
F1
S. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F2
S. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F3
S. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F4
S. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F5
S. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F6
S. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F7
S. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F8
S. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F9
S. 9 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F10
S. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F11
S. 11 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F12
S. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F13
S. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F14
S. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F15
S. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I1
S. 16 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F16
S. 16(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F17
Word in s. 16(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 134
E2
S. 17 extends to England and Wales; s. 17(1)(2) also extend to Scotland see s. 102(4)(5)
I2
S. 17 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2)
C3
S. 17(1)(2) restricted (S.) (1.9.1992) by S.I. 1992/333, art. 4A (as inserted by S.I. 1992/2118, art. 4)
M1
1982 c. 48.
M2
1975 c. 21.
M3
1980 c. 43.
F18
S. 17(2)(a)(b) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F19
S. 17(3)(e) repealed (20.9.1993) by 1993 c. 36, ss. 65(3), 79(14), Sch. 3 para. 1(1), Sch. 6 Pt. I; S.I. 1993/1968, art. 2(2), Sch. 2, Appendix.
F20
S. 18 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F21
S. 19 repealed (20.9.1993) by 1993 c. 36, ss. 65(2)(4), 79(14), Sch. 6 Pt.1; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.
F22
S. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F23
S. 20A inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 43; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
F24
S. 20A(1A) inserted (5.4.2004) by Courts Act 2003 (c. 39), ss. 95(2), 110; S.I. 2004/174, art. 3
F25
Words in s. 20A(2)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 350; S.I. 2005/910, art. 3
F26
Words in s. 20A(2)(b) inserted (5.4.2004) by Courts Act 2003 (c. 39), ss. 95(3), 110; S.I. 2004/174, art. 3
F27
S. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F28
S. 22 repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 4, Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.
E3
S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).
I3
S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F29
Words in s. 23(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 135
M4
1975 c. 21.
M5
1970 c. 31.
I4
S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F30
Words in s. 24(1) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(a); S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2
F31
Words in s. 24(1) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.
F32
Words in s. 24(1)(a) substituted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.
F33
S. 24(2)(aa) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(1)(2) , 110; S.I. 2004/174, art. 3
F34
Words in s. 24(2)(b) substituted (18.10.1998 for specified provisions, 29.11.1999 for further specified provisions, otherwise prosp.) by 1998 c. 14, s. 86(1), Sch.7 para. 55; S.I. 1999/2860, art. 2, Sch. 1 (with art. 5 and subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)
F35
Words in s. 24(2)(d) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(b) ; S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2
F36
Words in s. 24(2)(d) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.
F37
S. 24(2A)-(2C) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(3) , 110; S.I. 2004/174, art. 3
M6
1970 c. 31.
F38
S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1
F39
Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)
F40
S. 24(3A) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60; Sch. 10 para. 30 ; S.I. 2007/602, art. 2(b)(c)
F41
Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))
M7
1979 c. 2.
M8
1970 c. 31.
M9
1986 c. 50.
F42
Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2
F43
Word in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para. 55; S.I. 1994/2926, art. 2, Sch. Pt. IV
F44
Words in definition of “income support” in s. 24(4) substituted (6.4.2001) by 1999 c. 30, s. 70, Sch. 8 Pt. III para. 27; S.I. 2000/2958, art. 2(6)(b) (subject to arts. 3, 4)
F45
S. 24(5)(a): words in subsecton (3)(a) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)
F46
S. 24(5)(b): words in subsecton (3)(b) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)
F47
S. 25 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
E4
S. 26 extends to England and Wales; s. 26(3)(4) also extend to Scotland see s. 102(4)(5)
I5
S. 26 wholly in force; s. 26(3) in force (E.W.) at 25.10.1991, s. 26(4)(5) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2)(3)(4), Schs. 2, 3; s. 26(3) in force (S.) at 9.12.1991 see s. 102(2)(3) and S.I. 1991/2706, art. 2(1)(2); s. 26 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
M10
1968 c. 60.
F48
S. 26(3) repealed (16.10.1992) by Protection of Badgers Act 1992 (c. 51), s. 15(2)(3),Sch.
M11
1977 c. 45.
I6
S. 27 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F49
S. 28 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F50
S. 29 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I7
S. 30 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F51
Words in s. 30(1) repealed (20.9.1993) by 1993 c. 36, s. 79(14), Sch. 6 Pt. I; S.I. 1993/1968, art. 2(2), Sch. 2, Appendix.
F52
Words in s. 30(2) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F53
S. 31 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
C4
Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)
Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).
Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)
F54
Pt. 2 (ss. 32-51) repealed (4.4.2005) by The Criminal Justice Act 2003 (c. 44), ss. 303(a), 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 para. 44(k) (subject to art. 2(1), Sch. 2 (as amended by S.I. 2005/2122, art. 2)) and subject to amendments:
(15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 33; S.I. 2006/3364, art. 2(d)(e);
(1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(2)(3);
(7.4.2008) by The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (S.I. 2008/977), art. 2;
(9.6.2008 for certain purposes and 31.10.2009 otherwise) by Criminal Justice and immigration Act 2008 (c. 4), ss. 26(2)-(6), 153; S.I. 2008/1466, art. 2(a) (subject to art. 3); S.I. 2009/2606, art. 3(b);
(9.6.2008) by 1984 c. 49, Sch. para. 2(2A) (as inserted by Criminal Justice and immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 paras. 19(4)(b); S.I. 2008/1466, art. 2 (subject to art. 4));
(9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 29(2)(5); S.I. 2008/1466, art. 2(c)
(14.7.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 28(2)(3)(a)(b)(4)(5), 32(1), 149, 153, Sch. 28 Pt. 2 (with Sch. 27 para. 10); S.I. 2008/1586, art. 2(1), Sch. 1;
(3.11.2008) by Criminal Justice and immigration Act 2008 (c. 4), ss. 33(5)(6), 148, 149, 153, Sch. 26 para. 29(3)(4), Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. (subject to arts. 3, 4);
(2.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 145(2)(3), 178, 182, Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 43); S.I. 2010/1858, art. 2(e)(i);
F55
S. 52 repealed (24.7.2002) by 1999 c. 23, s. 67(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(iv)(aa)
I8
S. 53 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F56
Words in s. 53(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(a); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F57
Words in s. 53(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(b); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F58
Words in s. 53(3) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(c); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
F59
Words in s. 53(4) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 49(d); S.I. 1995/127, art. 2(1), Sch. 1, Appendix A
C5
S. 53(7) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 19(a); S.I. 2008/2504, art. 2(a)
F60
S. 53(8) inserted (4.1.1998 for certain purposes, otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 93; S.I. 1998/2327, art. 4(2)(c) (subject to art. 3); S.I. 2000/3283, art. 2(c).
F61
S. 54 repealed (24.7.2002 except insofar as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(iv)(bb)
I9
S. 54 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I10
S. 55 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F62
S. 55(2)(b) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)
F63
S. 55(4) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)
F64
S. 55(5) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 33
F65
S. 55(6) repealed (24.7.2002 except in so far as required for proceedings before Service courts) by 1999 c. 23, ss. 67(3), 68(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(iv)(cc)
I11
S. 56 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F66
S. 57 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F67
S. 58 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I12
S. 59 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M12
1984 c. 60.
I13
S. 60 wholly in force at 1.6.1999; s. 60(3) in force at 14.10.1991, see s. 102(2)(3) and S.I. 1991/2208, art. 2(1), Sch. 1; s. 60(1)(2)(a) in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2; s. 60(2)(b)(c) in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.
S. 60(2)(b)(c) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3(which art. 2(5), Sch. 3 was revoked (16.1999) by S.I. 1999/1280, art. 2)
M13
1989 c. 41.
F68
S. 62 repealed and superseded (1.6.1999) by 1998 c. 37, ss. 98(7), 120(1), Sch. 10; S.I. 1999/1279, art. 2
F69
S. 63 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F70
S. 64 repealed (9.1.1995) by 1993 c. 33, s. 168(3), Sch.11; S.I. 1994/3192, art.2, Sch.
F71
S. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F72
S. 67 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I14
S. 68 wholly in force (except for specified purposes, see S.I. 1992/333, art. 2(4)) at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F73
S. 69 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3
I15
S. 70 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F74
S. 71 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F75
S. 72 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3
F76
S. 73 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
F77
S. 74 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
F78
S. 75 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
F79
S. 76 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 351, Sch 10; S.I. 2005/910, art. 3(y)(aa)
F80
S. 77 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 351, Sch 10; S.I. 2005/910, art. 3(y)(aa)
F81
S. 78 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 351, Sch 10; S.I. 2005/910, art. 3(y)(aa)
F82
S. 79 repealed (1.4.1995 so far as it applies to s. 55(2) of the 1979 Act and otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, arts. 4(n), 8(v)
I16
S. 79 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.
M14
1979 c. 55.
I17
S. 80 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
C6
S. 80: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(g)
F83
S. 80(1)(a) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(a).
F84
Words in s. 80(1)(b) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(b).
F85
S. 80(1)(c) substituted (3.11.1994) for s. 80(1)(c)(d) by 1994 c. 33, s. 93(1)(c).
F86
S. 80(1A) inserted (3.11.1994) by 1994 c. 33, s. 93(2).
F87
Words in s. 80(3) substituted (3.11.1994) by 1994 c. 33, s. 93(3).
F88
S. 80(4) inserted (3.11.1994) by 1994 c. 33, s. 93(4).
M15
1983 c. 20.
M16
1964 c. 84.
M17
1968 c. 19.
I18
S. 81 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
C7
S. 81(1)(a)(2): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(b)
I19
S. 82 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F89
S. 82(4) substituted (3.11.1994) by 1994 c. 33, s. 94(1)
F90
Words in s. 82(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 146
F91
S. 83 substituted (3.11.1994) by 1994 c. 33, s.95.
F92
S. 84 substituted (3.11.1994) by 1994 c. 33, s.96.
M18
1954 c. 56.
M19
1925 c. 20.
M20
1927 c. 36
M21
1988 c. 26.
M22
1986 c. 5.
I20
S. 85 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F93
Words in s. 85(1) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 18(3), 41(1); S.I. 2007/3001, art. 2(1)(c)
F94
Words in s. 85(1) inserted (3.11.1994) by 1994 c. 33, s. 97(1).
F95
Words in s. 85(2) repealed (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 5 Pt. 2; S.I. 2007/3001, art. 2(1)(t)(iii)
F96
S. 85(3) repealed (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 19, 39, 41(1), Sch. 5 Pt. 2; S.I. 2007/3001, art. 2(1)(t)(iii)
F97
Words in s. 85(4)(b) inserted (3.11.1994) by 1994 c. 33, s. 97(2).
F98
Words in s. 85(5) substituted (3.11.1994) by 1994 c. 33, s. 101(1).
I21
S. 86 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F99
Words in s. 86(1)(b) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(1)(a), 41(1); S.I. 2007/3001, art. 2(1)(a)
F100
Words in s. 86(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(1)(b), 41(1); S.I. 2007/3001, art. 2(1)(a)
C8
S. 86A(2) modified (temp.) (1.11.2007) by The Offender Management Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007 (S.I. 2007/3001), art. 2(2)
C9
S. 86A(4) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 19(b); S.I. 2008/2504, art. 2(a)
I22
S. 87 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F101
S. 87(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 20(2), 41(1); S.I. 2007/3001, art. 2(1)(e)
F102
Words in s. 87(4) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 20(3), 41(1); S.I. 2007/3001, art. 2(1)(e)
F103
Words in s. 87(4) inserted (9.1.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 69; S.I. 1994/3192, art. 2, Sch.
F104
Words in s. 87(4) inserted (21.5.1997) by 1997 c. 38, ss.2, 3(2).
F105
S. 87(4A) inserted (3.11.1994) by 1994 c. 33, s. 97(4).
C10
S. 87 has effect (9.7.1992) by S.I. 1992/1656, art. 3 as if s. 87(5) were omitted (which S.I. is revoked (24.2.1993) by S.I. 1993/368, art. 2.)
S. 87 has effect (24.02.1993) by S.I. 1993/368, art. 4 as if subsection (5) were omitted.
F106
Words in s. 87(6)(7) inserted (3.11.1994) by 1994 c. 33, s. 97(5).
I23
S. 88 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F107
Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2).
F108
Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3).
F109
S. 86(A) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(1), 41(1); S.I. 2007/3001, art. 2(1)(b)
F110
S. 86(B) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 18(2), 41(1); S.I. 2007/3001, art. 2(1)(c)
F111
S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.
F112
Words in s. 88A(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(2)(a), 41(1); S.I. 2007/3001, art. 2(1)(b)
F113
Words in s. 88A(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(2)(b), 41(1); S.I. 2007/3001, art. 2(1)(b)
F114
S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.
I24
S. 89 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
C11
S. 89: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
F115
Words in s. 89(3) substituted (3.11.1994) by 1994 c. 33, s. 101(4).
I25
S. 90 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F116
Words in s. 90(1)(3) substituted (3.11.1994) by 1994 c. 33, s. 101(5).
M23
1968 c. 27.
I26
S. 91 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F117
Words in s. 91(1) substituted (3.11.1994) by 1994 c. 33, s. 101(6).
I27
S. 92 partly in force; s. 92(3) not in force; s. 92(1) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 92(2) in force at 1.4.1992 see S.I. 1992/333, art. 2(1), Sch. 1
S. 92(3) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3
F118
Words in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(a).
F119
Words in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 101(7)(b).
F120
Definitions in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(c)-(e).
F121
S. 92(1): definition of "court-house" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(2); Sch. 10, S.I. 2005/910, {art. 3(y)}
F122
S. 92(1): definition of "court security officer" repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(2); Sch. 10, S.I. 2005/910, {art. 3(y)}
F123
Definition in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 93(5).
F124
S. 92(1A) inserted (3.11.1994) by 1994 c. 33, s. 98.
F125
S. 92(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 352(3); Sch. 10, S.I. 2005/910, {art. 3(y)}
F126
Words in s. 92(3) substituted (3.11.1994) by 1994 c. 33, s. 93(6).
F127
S. 92(4) inserted (3.11.1994) by 1994 c. 33, s. 93(7).
M24
1989 c. 45.
C12
Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)
I28
S. 93 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F128
S. 93(1) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(w)
F129
S. 93(3)(4) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I.
F130
S. 94 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
I29
S. 95 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F131
S. 95(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 175, 336, S.I. 2005/950, {art. 2}, Sch. 1 (subject to Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F132
S. 96 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
F133
S. 97 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
I30
S. 98 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F134
Words in s. 98(a) repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
I31
S. 99 wholly in force; s. 99(1) (save for the definitions of "child" and "young person") in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 99 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch . 2.
M25
1933 c. 12.
M26
1952 c. 52.
M27
1967 c. 80.
M28
1969 c. 54.
M29
1973 c. 62.
F135
Definition in s. 99(1) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I.
M30
1980 c. 43.
M31
1982 c. 48.
M32
1983 c. 20.
M33
1988 c. 33.
F136
S. 99(1): definition of
“local probation board”

inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 110; S.I. 2001/919, art. 2(f)(ii)
F137
Definition of “youth offending team” in s. 99(1) inserted (30.9.1998 for areas specified in S.I. 1998/2327, art. 3(1), Sch. 1 and subject to art. 9 of that S.I., otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 95; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)
I32
S. 100 wholly in force at 1.6.1999; S. 100 in force for certain purposes at 14.10.1991 and for further purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1)(4) and Schs. 1 and 3; s. 100 in force for certain purposes at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1; s. 100 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 100 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.
S. 100 shall come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is revoked (1.6.1999) by S.I. 1999/1280, art. 2)
I33
S. 101 partly in force; s. 101(1) in force for certain purposes 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; s. 101(1) in force for certain purposes at 25.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2) and Sch. 2; s. 101(2) in force for certain purposes at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 101 in force for certain purposes at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; s. 101 in force for certain purposes (1.6.1999) by S.I. 1999/1280, art. 3, Sch.
S. 101 to come into force for certain purposes on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is repealed (1.6.1999) by S.I. 1999/1280, art. 2)
M34
1978 c. 30.
I34
S. 102 so far as not in force wholly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1
P1
S. 102(2)(3) power exercised by S.I. 1991/2208
S. 102(2)(3) power exercised by S.I. 1991/2706
P2
S. 102(2)(3) power exercised (21.2.1992): different dates appointed for specified provisions by S.I. 1999/333, art. 2(1)(2) (as amended by S.I. 1999/2118)
S. 102(2)(3) power partly exercised (11.12.1994): 9.1.1995 appointed day by 1994/3191
P3
S. 102(2) power partly exercised (4.5.1999): 1.6.1999 appointed for specific provisions by S.I. 1999/1280, art. 3, Sch.
F138
Words in s. 102(5)(c) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M35
1968 c. 49.
M36
1975 c. 21.
F139
Words in s. 102(6) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M37
1968 c. 49.
F140
S. 102(7A) inserted (3.11.1994) by 1994 c. 33, s. 101(8).
M38
1955 c. 18.
M39
1955 c. 19.
M40
1957 c. 53.
M41
1991 c. 62.
F141
Sch. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I35
Sch. 1 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I36
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F142
Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
C13
Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))
Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)
Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))
F143
Sch. 3 Pt. I (paras. 1-6) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I37
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I38
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M42
1973 c. 62.
F144
Sch. 3 para. 8 repealed (S.)(1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II para. 16, Sch.5 (with Sch. 3 paras. 1, 3, 16, 17)
I39
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M43
1968 c. 49.
F145
Sch. 3 Pt. II para. 9(c) repealed (4.11.1996) by S.I. 1995/756, art. 15,Sch.; S.R. 1996/297, art. 3
I40
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I41
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F146
Words in Sch. 3 para. 10(1) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(i); S.R. 1997/523, art. 3
F147
Words in Sch. 3 para. 10(1) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(ii); S.R. 1997/523, art. 3
F148
Words in Sch. 3 para. 10(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
F149
Words in Sch. 3 para. 10(2) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(iii); S.R. 1997/523, art. 3
F150
Words in Sch. 3 para. 10(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 40(2) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F151
Words in Sch. 3 para. 10(2) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(iv); S.R. 1997/523, art. 3
F152
Words in Sch. 3 para. 10(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(i)
F153
Words in Sch. 3 para. 10(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(v); S.R. 1997/523, art. 3
F154
Words in Sch. 3 para. 10(3)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 40(3) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F155
Words in Sch. 3 para. 10(3)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vi); S.R. 1997/523, art. 3
M44
S.I. 1972/1265 (N.I. 14).
F156
Words in Sch. 3 Pt. III para. 10(3)(b)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(2)(a)(b)
F157
Words in Sch. 3 para. 10(3)(c) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vii); S.R. 1997/523, art. 3
F158
Words in Sch. 3 Pt. III para. 10(2)(b)(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(i); S.I. 2001/919, art. 2(f)(ii)
F159
Words in Sch. 3 para. 10(3)(c) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(iii)
F160
Words in Sch. 3 para. 10(3)(d) substituted (E.W.N.I.) (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, {Sch. 26 par. 29(6)(a)(7)}; S.I. 2008/2712, art. 2, Sch. para. 18(b) (subject to arts 3, 4)
F161
Words in Sch. 3 Pt. III para. 10(3)(a)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(ii)(iii); S.I. 2001/919, art. 2(f)(ii)
F162
Words in Sch. 3 para. 10(3)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, {Sch. 32 Pt. 1 para. 64(2}); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F163
Words in Sch. 3 para. 10(3)(d) inserted (E.W.N.I.) (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, {Sch. 26 par. 29(6)(b)(7)}; S.I. 2008/2712, art. 2, Sch. para. 18(b) (subject to arts 3, 4)
F164
Words in Sch. 3 para. 10(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
I42
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.
F165
Words in Sch. 3 para. 11(2) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(2)(a) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F166
Words in Sch. 3 para. 11(2)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336,{Sch. 32 para. 64(3)(a)}; S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)
F167
Words in Sch. 3 para. 11(2)(a) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(2)(b) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F168
Sch. 3 para. 11(2)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 64(3)(b); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)
F169
Sch. 3 para. 11(2A) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(3) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F170
Sch. 3 para. 11(3)(a)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(4}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)
F171
Sch. 3 para. 11(3)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(4)(a) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F172
Words in Sch. 3 para. 11(3)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(4)(b) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F173
Words in Sch. 3 para. 11(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(ii); S.R. 1997/523, art. 3
F174
Words in Sch. 3 para. 11(4) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(5}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)
F175
Words in Sch. 3 para. 11(4) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(5)(a) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F176
Words in Sch. 3 para. 11(4) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(5)(b) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F177
Words in Sch. 3 para. 11(4) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(5)(c); S.I. 2009/3074, art. 2(f)(p)(v)
F178
Words in Sch. 3 para. 11(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(6}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)
F179
Words in Sch. 3 para. 11(5) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(6)(a) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F180
Words in Sch. 3 para. 11(5) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(6)(b); S.I. 2009/3074, art. 2(f)(p)(v)
F181
Words in Sch. 3 para. 11(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(b)
F182
Words in Sch. 3 para. 11(5)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(6)(c) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F183
Words in Sch. 3 para. 11(5)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iii); S.R. 1997/523, art. 3
F184
Words in Sch. 3 para. 11(6) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iv); S.R. 1997/523, art. 3
F185
Sch. 3 para. 11(8): definitions inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(7)(a) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F186
Words in Sch. 3 para. 11(8) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(b)
F187
Sch. 3 para. 11(8): definitions inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(7)(b); S.I. 2009/3074, art. 2(f)(p)(v)
I43
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I44
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I45
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F188
Sch. 4 Pt. I: entry relating to the Army Act 1955 and Air Force Act 1955 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
F189
Words in Sch. 4 Pt. I repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F190
Sch. 4 Pt. I: entry relating to the Armed Forces Act 1976 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
F191
Words in Sch. 4 Pt. I substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 148
I46
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I47
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I48
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I49
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F192
Sch. 4 Pt. V repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 1(2), Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.
I50
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F193
Sch. 5 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 (subject to Sch. 2 (as amended by S.I. 2005/2122, art. 2))
I51
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I52
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M45
1976 c. 63.
F194
Words in Sch. 6 para. 2(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 71; S.I. 1995/721, art. 2, Sch. Appendix A
M46
1985 c. 23.
M47
1981 c. 54.
F195
Words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)
I53
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
M48
1965 c. 69.
I54
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F196
Words in Sch. 6 para. 4(1)(a) substituted (4.7.1996 with application as mentioned in s. 45(8)(9) of the amending Act) by 1996 c. 25, s. 45(5)(8)(9); S.I. 1998/851, art. 2.
F197
Sch. 6 para. 4(1A) inserted (4.7.1996 with application as mentioned in s. 45(8)(9) of the amending Act) by 1996 c. 25, s. 45(6)(8)(9); S.I. 1998/851, art. 2
I55
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C14
Sch. 6 para. 5 modified (10.4.1995) by 1994 c. 33, ss. 34(2)(b)(ii)(4)-(7), 36(2)(b)(ii)(3)-(8), 37(2)(b)(ii)(3)-(7), 38; S.I. 1995/721, art. 2, Sch.
Sch. 6 para. 5 modified (3.2.1995) by 1984 c. 60, s. 62(10)(aa)(ii) (as inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para. 24; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A)
F198
Words in Sch. 6 para. 5(8) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S. I. 2004/2035), art. 3, Sch. para. 34
I56
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F199
Words in Sch. 6 para. 6(8) substituted (4.7.1996 with application as mentioned in s. 45(8)(9) of the amending Act) by 1996 c. 25, s. 45(7)(8)(9); S.I. 1998/851, art. 2
M49
1990 c. 42
I57
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
M50
1988 c. 34.
I58
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
M51
1933 c. 36.
M52
1987 c. 38.
M53
1987 c. 38.
F200
Sch. 6 para. 9 repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with transitional provisions and savings in Sch. 2 para. 2)
E5
Schedule 6 extends to England and Wales only except as mentioned in s. 102(4)-(6)
I59
Sch. 6 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F201
Sch. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I60
Sch. 8 para. 1 partly in force: para. 1(1) not in force; para. 1(2) in force at 1.10.1992; para. 1(3) in force at 1.10.1992 except for specified purpose; see s. 102(2)(3) and S.I. 1992/333, art. 2(2)(4), Sch. 2.
I61
Sch. 8 para. 2 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I62
Sch. 8 para. 3 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I63
Sch. 8 para. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I64
Sch. 8 para. 6 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F202
Sch. 8 para. 6(1)(c)(d) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
E6
Schedule 8 extends to England and Wales only except as mentioned in s. 102(4)-(6).
I65
Sch. 8 in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F203
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F204
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F205
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I66
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F206
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I67
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F207
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I68
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F208
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I69
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F209
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I70
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F210
Sch. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
I71
Sch. 9 (paras. 1 - 9) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I72
Sch. 10 para. 1 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
C15
Sch. 10 para. 2: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
I73
Sch. 10 para. 2 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
I74
Sch. 10 para. 3 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
F211
Sch. 10 para. 3(1) substituted (3.11.1994) by 1994 c. 33, s. 101(9).
F212
Words in Sch. 10 para. 3(2) substituted (3.11.1994) by 1994 c. 33, s. 101(10).
F213
Sch. 10 para. 3(2)(a): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
C16
Sch. 10 para. 4: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)
I75
Sch. 10 para. 4 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
I76
Sch. 10 para. 5 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
I77
Sch. 10 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
I78
Sch. 11 para. 1 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I79
Sch. 11 para. 2 wholly in force at 1.6.1999; Sch. 11 para 2(1)(2)(a)(3)(4)(a)(b) in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; Sch. 11 para. 2(2)(b)(4)(c) in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.
Sch. 11 para. 2(2)(b)(4)(c) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is revoked (1.6.1999) by S.I. 1999/1280, art. 2)
M54
1969 c. 54.
M55
1980 c. 43.
F214
Sch. 11 para. 3 repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(u)(xii)
F215
Sch. 11 para. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F216
Sch. 11 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F217
Sch. 11 para. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F218
Sch. 11 para. 7 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F219
Sch. 11 para. 8 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F220
Sch. 11 para. 9 repealed (1.9.1994) by 1994 c. 22, s. 65, Sch. 5 Pt.I (with s. 57(4)).
F221
Sch. 11 para. 10 repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch.10; S.I. 1998/2327, art.2(1)(aa)(3)(t)
F222
Sch. 11 para. 11 repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch.10; S.I. 1998/2327, art.2(1)(aa)(3)(t)
F223
Sch. 11 para. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F224
Sch. 11 para. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F225
Sch. 11 para. 14 repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch.10; S.I. 1998/2327, art.2(1)(aa)(3)(t)
F226
Sch. 11 para. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F227
Sch. 11 para. 16 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F228
Sch. 11 para. 17 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4
F229
Sch. 11 para. 18 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), Sch. 37 Pt. 10; S.I. 2004/829, art. 2(2)(l)(iv)
F230
Sch. 11 para. 19 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I80
Sch. 11 para. 20 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F231
Sch. 11 para. 20(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F232
Sch. 11 para. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I81
Sch. 11 para. 22 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F233
Words in Sch. 11 para. 22(2) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), Sch. 37 Pt. 2; S.I. 2004/829, art. 2(2)(l)(ii)
I82
Sch. 11 para. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F234
Sch. 11 para. 24 repealed (20.9.1993) by 1993 c. 36, s. 79(14), Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix
I83
Sch. 11 para. 25 wholly in force at 1.10.1992, see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F235
Sch. 11 para. 26 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I84
Sch. 11 para. 27 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I85
Sch. 11 para. 28 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I86
Sch. 11 para. 29 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2, Schs. 1, 2.
M56
1981 c. 49.
F236
Sch. 11 para. 30 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F237
Sch. 11 para. 31 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F238
Sch. 11 para. 32 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F239
Sch. 11 para. 33 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F240
Sch. 11 para. 34 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I87
Sch. 11 para. 35 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F241
Sch. 11 para. 35(2)(3)(a)(4) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt.I; S.I. 1993/2050, art. 3(4)
C17
Sch. 11 para. 35(3)(b) extended (S.) (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para 3(4); S.I. 1993/2050, art. 3(4)
I88
Sch. 11 para. 36 wholly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1
I89
Sch. 11 para. 37 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M57
1933 c. 12.
F242
Sch. 11 para. 38 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F243
Sch. 11 para. 39 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I90
Sch. 11 para. 40 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F244
Word in Sch. 11 para. 40(2)(a) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F245
Words in Sch. 11 para. 40(2)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I 2005/910 {art. 3(aa)}
M58
1944 c. 31.
M59
1948 c. 43.
M60
1958 c. 5.
M61
1963 c. 37.
M62
1964 c. 42.
F246
Words in Sch. 11 para. 40(2)(g) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M63
1972 c. 71.
F247
Sch. 11 para. 40(2)(i) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M64
1976 c. 36.
F248
Words in Sch. 11 para. 40(2)(k) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(x)
M65
1980 c. 5.
M66
1980 c. 6.
F249
Words in Sch. 11 para. 40(2)(o) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M67
1985 c. 61.
F250
Sch. 11 para. 40(2)(q) repealed (2.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/916, art. 3(b) (with transitional provisions and savings in Sch. 2 para. 2)
M68
1989 c. 41.
I91
Sch. 11 para. 41 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F251
Sch. 11 para. 41(2)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I 2005/910 {art. 3(aa)}
F252
Sch. 11 para. 41(2)(c) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, art. 4(n), 8(x).
M69
1980 c. 5.
F253
Sch. 11 para. 41(2)(e) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(3), 110, Sch. 10; S.I 2005/910 {art. 3(aa)}
E7
Schedule 11 extends to England and Wales only except as mentioned in s. 102(4)- (6)
I92
Sch. 11 partly in force at 14.10.1991; partly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1)(4) and Schs.1 and 3; partly in force at 1.4.1992 and 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2, Schs.; partly in force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3; Sch. 11 partly in force at 1.6.1999 by S.I. 1999/1280, art. 3, Sch.
F254
Sch. 12 para. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F255
Sch. 12 para. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F256
Sch. 12 para. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F257
Sch. 12 para. 4 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F258
Sch. 12 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F259
Sch. 12 para. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F260
Sch. 12 para. 6A inserted (28.5.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 149
I93
Sch. 12 para. 7 wholly in force at 25.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(2) and Sch. 2
F261
Sch. 12 para. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I94
Sch. 12 para. 15 partly in force; Sch. 12 para. 15(1)(2) in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Sch. 15 para. 15(3)-(5) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3.
I95
Sch. 12 para. 16 wholly in force at 1.6.1999; Sch. 12 para. 16(1) in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; Sch. 12 para. 16(2)-(4) in force (1.6.1999) by S.I. 1999/1280, art. 3, Sch.
Sch. 12 para. 16(2)-(4) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) is revoked (1.6.1999) by S.I. 1999/1280, art. 2
F262
Sch. 12 para. 17 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I96
Sch. 12 para. 18 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I97
Sch. 12 para. 19 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C18
Sch. 12 para. 19 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(2)(a)(4), 9(2)(4), Sch. 5 paras. 9(1)(a)(b), 10(1)(b)(c); S.I. 1997/2200, art. 2(1)(n).
F263
Sch. 12 para. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F264
Sch. 12 para. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
I98
Sch. 12 para. 22 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I99
Sch. 12 para. 23 wholly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1
I100
Sch. 12 para. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I101
Sch. 12 partly in force at 14.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 1; further in force at 25.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(1) and Sch. 2; further in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2; further in force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3; Sch. 12 para. 16(2)-(4) in force (1.6.1999) by S.I. 1999/1280, art. 3, Sch.
E8
Schedule 13 extends to England and Wales only except as mentioned in s. 102(5) - (8).
I102
Sch. 13 partly in force; Sch. 13 in force so far as relating to the repeal of s. 11 of the Metropolitan Police Act 1839 (2 & 3 Vict. c. 47) see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; Sch 13 in force at 1.10.1992 (except in so far as it relates to s. 67(6) of the Criminal Justice Act 1967 (c. 80)) see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.; Sch. 13 in force (so far as it relates to 1999 c. 80, s. 67(6)) (1.6.1999) by S.I. 1999/1280, art. 3, Sch.
Sch. 13, so far as it relates to s. 67(6) of the Criminal Justice Act 1967 (c. 80), shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3 (which art. 2(5) was revoked (1.6.1999) bvy S.I. 1999/1280, art. 2
I103
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C19
S. 32 modified (8.9.1997) by S.I. 1997/2200, art. 5(3)(c).
F265
S. 32(1) substituted (1.7.1996) by 1994 c. 33, s. 149; S.I. 1996/1608, art. 2( S.I. 1996/1530 having been revoked by S.I. 1996/1608, art. 3).
F266
S. 32(1)(a)(b) substituted for words (1.10.1997 so far as relating to offences the sentences for which fall to be imposed under section 2(2) or 3(2) and otherwise 1.12.1999) by 1997 c. 43, s. 55(2), Sch. 4 para. 15(1)(a); S.I. 1997/2200, art. 2(1)(2)(h); S.I. 1999/3096, art. 2(e).
F267
Words in s. 32(1)(b)(3)(4)(6) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 79(1), 79(2); S.I. 1998/2327, art.2(1)(y)(2)(y).
I104
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C20
S. 33 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(2), 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).
S. 33 modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(3)(9); S.I. 1998/2327, art. 2(1)(z)
C21
S. 33(1)(b) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
S. 33(1)(b) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).
C22
S. 33(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
S. 33(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).
C23
S. 33(3) modified (25.8.2000) by 2000 c. 6, ss. 86(1), 186(1)
F268
Words in s. 33(3)(a)(b) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(1)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(y).
F269
Words in s. 33(3) substituted (30.9.1998) by 1998 c. 37, s 104(1) (with Sch. 9 para. 13); S.I. 1998/2327, art. 2(1)(w).
F270
S. 33(3A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 80(2); S.I. 1998/2327, art. 2(1)(y)(2)(y).
F271
Words in s. 33(3A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 137
F272
S. 33(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 80(3), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(y)(2)(y)(3)(t).
F273
S. 34 repealed (1.10.1997) by 1997 c. 43, s. 56(2), Sch.6; S.I. 1997/2200, art. 2(1)(p)(3)(a).
I105
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C24
S. 35 modified (1.10.1992) by S.I. 1992/1829, art. 3.
Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), 57(2), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).
S. 35 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), 57(2), Sch. 1 Pt. II paras. 8, 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).
F274
S. 35 repealed (1.10.1997 as regards s. 35(2)(3) otherwiseprosp.) by 1997 c. 43, ss. 56(2), 57(2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I 1997/2200, art. 2(1)(p)(3)(b) (subject to transitional provisions and savings in art. 5) (but by 1998 c. 37, s. 120(2), Sch.10 the entries in the said Sch. 6 of 1997 c. 43 relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S. I. 1998/2327, art.2(1)(aa)(3)(x)).
C25
S. 35(1) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
S. 35(1) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 3(1)(2); S.I. 1997/2200, art. 2(1).
S. 35(1) excluded (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para. 2(4) (by 1998 c. 37, s. 210(2), Sch. 10 the said Sch. 5 para. 2 was repealed (30.9.1998); S.I. 1998/2327, art. 2(1)(aa)(3)(x)).
I106
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C26
Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).
S. 36 applied (1.10.1997) by 1997 c. 43, ss. 44, 56(1), Sch. 1 Pt. II paras. 8(2), 9(2), Sch. 5 paras. 9(1)(a), 10(1)(b); S.I. 1997/2200, art. 2(1).
F275
S. 36(1) so far as relating to life prisoners, and words in s. 36(2) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(c) (subject to transitional provisions and savings in art. 5).
F276
Words in s. 36(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.82; S.I. 1998/2327, art.2(1)(y)(2)(y).
F277
S. 37(3), and s. 37(4) so far as relating to life prisoners repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(d) (subject to transitional provisions and savings in art. 5).
I107
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C27
S. 37 modified (1.10.1992) by S.I. 1992/1829, art. 3.
S. 37 applied (1.10.1997) by 1997 c. 43, ss. 44, 56(1), Sch. 1 Pt. II paras. 8(2)(4), 9(2)(b)(4), Sch. 5 paras. 9(1)(a)(b)(2)(b), 10(1)(b)(c)(2)(b); S.I. 1997/2200, art. 2(1).
Ss. 34-37 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a), Sch. 5 paras. 9(2)(a), 10(2)(a); S.I. 1997/2200, art. 2(1).
S. 37 modified (19.9.1998) by S.I. 1998/2327, art. 5(3)(d).
C28
S. 37(1)(2) amended (retrospectively) by 1984 c. 47, Sch. para. 2 as modified (retrospectively) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200 , art. 2(1)
S. 37(1)(2) amended (1.10.1997) by 1984 c. 47, Sch. para. 2 as modified (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 2(1)(2); S.I. 1997/2200, art. 2(1).
C29
S. 37(1) modified (25.8.2000) by 2000 c. 6, ss. 86(1), 168(1)
C30
S. 37(1) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)
F278
Words in s. 37(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(1)(a); S.I. 1998/2327, art. 2(1)(y)(2)(z).
F279
Words in s. 37(1) repealed (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 83(1)(b), Sch. 10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(b)(d).
F280
S. 37(1A) inserted (30.9.1998) by 1998 c. 37, s. 104(2) (with Sch. 9 para. 13); S.I. 1998/2327, art. 2(1)(w).
F281
S. 37(1B) inserted (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 83(2); S.I. 1998/3263, art. 2(b).
F282
Words in s. 37(2) substituted (1.1.1999) by 1998 c. 37, s. 119, Sch. 8 para. 83(3); S.I. 1998/3263, art. 2(b).
F283
Words in s. 37(4) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(4)(a); S.I. 1998/2327, art. 2(1)(y)(2)(z).
F284
Words in s. 37(4) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch.8 para. 83(4)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(z)(3)(t).
F285
S. 37(4A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(5); S.I. 1998/2327, art. 2(1)(2)(y)(2)(z).
F286
Words in s. 37(4A)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F287
S. 37(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 83(6); S.I. 1998/2327, art. 2(1)(y)(2)(Z).
C31
S. 37(4A) modified by S.I. 1998/2327, art. 5(1)(a).
F288
S. 33A inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.81; S.I. 1998/2327, art.2(1)(y)(2)(y).
C32
S. 33A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(4)(9); S.I. 1998/2327, art.2(1)(z).
S. 33A modified by S.I. 1998/2327, art. 5(3)(c).
F289
S. 37A inserted (30.9.1998 for certain purposes by S.I. 1998/2327 and 28.1.1999 to the extent that it is not already in force by S.I. 1998/3263) by 1998 c. 37, s. 100(1); S.I. 1998/2327, art. 2(1)(u); S.I. 1998/3263, art. 3.
F290
S. 37A(7) omitted (2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 105; S.I. 2001/2232, art. 2(k)(m)(ii) and repealed (prosp.) by 2000 c. 43, ss. 75, 80(1), Sch. 8
F291
S. 34A inserted (28.01.1999) by 1998 c. 37, s. 99 (with Sch. 9 para. 10); S.I. 1998/3263, art. 3.
C33
S. 34A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(5)(9); S.I. 1998/2327, art. 2(1)(z).
F292
Words in s. 34A(2)(a)(c)(h) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9
M70
1995 c.16.
M71
1983 c.20.
F293
S. 34A(2)(da) inserted (1.3.2001) by 2000 c. 43, s. 65; S.I. 2001/340, art. 2
F294
Words in s. 34A(1) repealed (14.7.2003) by The Release of Short-Term Prisoners on Licence (Repeal of Age Restriction) Order 2003 (S.I. 2003/1691), art. 2
F295
Words in s. 34A(4)(b) substituted (14.7.2003) by The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003 (S.I. 2003/1602), art. 3(1)
F296
Words in s. 34A(4)(c) substituted (14.7.2003) by The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003 (S.I. 2003/1602), art. 3(2)
F297
Words in s. 34A(4)(c) substituted (14.7.2003) by The Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2003 (S.I. 2003/1602), art. 3(2)
F298
Words in s. 34A(2)(da) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141; Sch. 6 para. 30; S.I. 2004/874, art. 2
C34
S. 34A modified (temp. from 24.3.2005) by The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 22
F299
S. 38 repealed (1.1.1999) by 1998 c. 37 ss. 103(1)(2), 120(2), Sch.10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(a)(d).
I108
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C35
S. 39 modified (1.10.1992) by S.I. 1992/1829, art. 3.
Ss. 35-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
Ss. 37-39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(4), Sch. 5 para. 9(1)(b); S.I. 1997/2200, art. 2(1).
Ss. 37-40 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para.9(4), Sch. 5 para. 10(1)(c); S.I. 1997/2200, art. 2(1).
S. 39 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(2)(a)(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(a)(b); S.I. 1997/2200, art. 2(1).
F300
S. 39(5)(a) and words in s. 39(1)(5)(b) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(3)(e) (subject to transitional provisions and savings in art. 5)
F301
Words in s. 39(1) inserted (1.1.1999) by 1998 c. 37, s. 103(3) (with Sch. 9 para. 12); S.I. 1998/3263, art.2(a).
F302
S. 39(5A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 84; S.I. 1998/2327, art. 2(1)(y)(2)(aa).
F303
S. 40 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F304
S. 40A inserted (30.9.1998) by 1998 c. 37, s. 105 (with Sch. 9 para. 14(1)); S.I. 1998/2327, art. 2(1)(w).
C36
S. 40A modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(6)(9); S.I. 1998/2327, art. 2(1)(z)
F305
Words in s. 40A(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), para. 139
F306
S. 38A inserted (28.1.1999) by 1998 c. 37, s. 100(2); S.I. 1998/3263, art.3.
I109
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C37
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
S. 41 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).
M72
1967 c. 80.
I110
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C38
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
F307
S. 42(2)(aa) inserted (14.6.2004) by Criminal Justice Act 2003 (c. 44), ss. 262, 336, Sch. 20 para. 2; S.I. 2004/829, art. 4
I111
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C39
S. 43 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(b); S.I. 1997/2200, art. 2(1).
Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1)
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1)
F308
Words in s. 43(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 140
F309
S. 43(2) and words in s. 43(3) repealed (1.10.1997) and the repeal of the words "and 2" in s. 43(3) is expressed to be brought into force (1.10.1997) as regards the words "or 2" by 1997 c. 43, s. 56(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f).
F310
Words in s. 43(3)(5) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 87(1)(2); S.I. 1998/2327, art. 2(1)(y)(2)(bb).
F311
Words in s. 43(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F312
Words in s. 43(5) repealed (1.4.2005 for E. otherwise prosp.) by Children Act 2004 (c. 31), ss. 64, 67 {Sch. 5 Pt. 4}; S.I. 2005/394, art. 2(2)(g)
F313
S. 44 substituted (30.9.1998) by 1998 c. 37, s. 59; S.I. 1998/2327, art. 2(1)(n).
F314
S. 44 repealed (as it applies to persons sentenced for sexual offences committed before 30th September 1998) (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
C40
S. 44 modified (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(7)(9); S.I. 1998/2327, art. 2(1)(z).
F315
Words in s. 44(1)(2)(8) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 141(1)(2)(3)
C41
S. 44(3) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)
C42
S. 44(4) modified (4.4.2005) by The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), arts. 2, 4, Sch. 2 para. 23 (as amended by S.I. 2005/ 2122, art. 2)
I112
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F316
Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
C43
S. 45 modified (19.9.1998) by 1998 S.I. 1998/2327, art. 5(3)(e).
C44
S. 45(1) amended (30.9.1998) by 1998 c. 37, s. 120(1), Sch. 9 para. 12(8)(9); S.I. 1998/2327, art. 2(1)(z).
F317
Words in s. 45(1) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(1); S.I. 1998/2327, art. 2(1)(y)(2)(cc).
F318
Words in s. 45(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 143
F319
Words in s. 45(3) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(2)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(cc).
F320
Words in s. 45(4) repealed (1.1.1999) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 88(3)(a), Sch. 10 (with Sch. 9 para. 12); S.I. 1998/3263, art. 2(b)(d).
F321
Words in s. 45(4) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 88(3)(b); S.I. 1998/2327, art. 2(1)(y)(2)(cc).
I113
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C45
Ss. 43-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8(4), 9(2)(a)(4), Sch. 5 paras. 9(1)(b),10(1)(c)(2)(a); S.I. 1997/2200, art. 2(1).
Ss. 41-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 8(2), Sch. 5 para. 9(1)(a); S.I. 1997/2200, art. 2(1).
Ss. 35-46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II para. 9(2), Sch. 5 para. 10(1)(b); S.I. 1997/2200, art. 2(1).
S. 46 applied (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 8, 9(4), Sch. 5 paras. 9(2)(a)(b), 10(2)(b); S.I. 1997/2200, art. 2(1).
F322
Words in s. 46(2) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.89; S.I. 1998/2327, art.2(1)(y)(2)(dd).
C46
S. 46(3)(a) extended (2.10.2000) by S.I. 2000/2444, art. 5
M73
1971 c. 77.
F323
S. 46(3)(e) and word inserted (14.6.2004) by Criminal Justice Act 2003 (c. 44), ss. 262, 336, Sch. 20 para. 3(1); S.I. 2004/829, art. 4
I114
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C47
S. 47 modified (prosp.) by 1997 c. 43, ss. 56(1), 57(2), Sch. 5 para.4 (by 1998 c. 37, s. 120(2), Sch. 10 and S.I. 1998/2327, art. 2(1)(aa)(3)(x)) the said Sch. 5 paras. 1-4 were repealed (30.9.1998).
F324
S. 47(4) repealed (1.1.2004) by Extradition Act 2003 (c. 41), ss. 219, 220, 221, Sch. 3 para. 9, Sch. 4; S.I. 2003/3103, art. 2 (subject to savings in arts. 3-5 (of which art. 5 was substituted (11.12.2003) by S.I. 2003/3258 art. 2(2) and art. 3 was substituted (18.12.2003) by S.I. 2003/3312, art. 2(2)))
I115
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F325
S. 48 repealed (1.10.1997) by 1997 c. 43, s. 56(2), 57 (2), Sch.6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(g)(by 1998 c. 37, s. 120(2), Sch.10 in the said Sch. 6 the entries relating to ss. 33-51 and 65 of this Act are repealed (30.9.1998); S.I. 1998/2327, art.2(1)(aa)(3)(x)).
M74
1961 c. 39.
M75
1884 c. 31.
M76
1984 c. 47.
F326
S. 44A inserted (30.9.1998) by 1998 c. 37, s. 60; S.I. 1998/2327, art. 2(1)(n).
F327
Words s. 44A(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 142
I116
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I117
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F328
Words in s. 50(1) substituted (3.11.1994) by 1994 c. 33, s. 150.
F329
S. 50(3) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.91; S.I. 1998/2327, art.2(1)(y)(2)(ee).
F330
S. 50(4) repealed (3.11.1994) by 1994 c. 33, s. 150, 168(3), Sch. 11.
I118
Pt. II (ss. 32-51) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F331
Definitions in s. 51(1) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f) (subject to transitional provisions and savings in art. 5)
F332
S. 51(1): words in definition of
“sexual offence”

and
“violent offence”

substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(2)
F333
S. 51(2)(2A)(2B)(2C)(2D) substituted for s. 51(2) (30.9.1998) by 1998 c. 37, s. 101(1) (with Sch. 9 para. 11); S.I. 1998/2327, art. 2(1)(v)(z).
F334
S. 51(2B)(d) and word “and”immediately preceding it repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
M77
1997 c.43.
F335
Words in s. 51(2D) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(3)
F336
S. 51(3) repealed (1.10.1997) by 1997 c. 43, ss. 56(2), 57(2), Sch. 6 (subject to transitional provisions and savings in s. 56(1), Sch. 5 para. 1); S.I. 1997/2200, art. 2(1)(p)(3)(f) (subject to transitional provisions and savings in art. 5)
F337
S. 51(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 144(1)(4)
I119
Sch. 1 (Pts. I and II) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.
I120
Sch. 1 (Pts. I and II) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I121
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I122
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F338
Words in Sch. 2 para. 1(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(1)(a); S.I. 1998/2327, art.2(1)(n)
F339
Words in Sch. 2 para. 1(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(1)(b); S.I. 1998/2327, art.2(1)(n)
F340
Sch. 2 para. 1(4) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 2(2); S.I. 1998/2327, art.2(1)(n)
F341
Sch. 2 para. 1(5) inserted (30.9.1998, subject to S.I. 1998/2327, art. 6(4)(a)) by 1998 c. 37, s. 106, Sch. 7 para. 46(1); S.I. 1998/2327, arts.2(1)(w), 6(4)(a)
F342
Sch. 2 para. 1(6) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 96(1); S.I. 1998/2327, art.2(1)(y)(2)(ff)
I123
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I124
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F343
Sch. 2 para. 2(2)(a)-(c) substituted (27.7.1999) for Sch. 2 para. 2(2)(a)(b) by 1999 c. 22, s. 66, Sch. 9 para. 2 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F344
Sch. 2 para. 2(2)(a)(b) substituted for words in Sch. 2 para. 2(2) (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 3; S.I. 1998/2327, art. 2(1)(n)
I125
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C48
Sch. 2 para. 3 amended (1.10.1997 so far as relating to sentences falling to be imposed under s. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m)(with art. 5)
C49
Sch. 2 para. 3(1): power to amend conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 17(3), Sch. 4 Pt. IV) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F345
Words in Sch. 2 para. 3(1) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 3 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F346
Sch. 2 para. 3(1)(c) substituted (30.9.1998, subject to S.I. 1998/2327, art. 6(4)(b)) by 1998 c. 37, s. 106, Sch. 7 para. 46(2); S.I. 1998/2327, arts. 2(1)(w), 6(4)(b)
C50
Sch. 2 para. 3(1)(d) modified (1.1.1998) by 1997 c. 43, s. 35(5)(d); S.I. 1997/2200, art. 3 (with art. 5)
Sch. 2 para. 3(1)(d) modified (1.1.1998) by 1997 c. 43, s. 35(8)(a); S.I. 1997/2200, art. 3 (with art. 5)
F347
Words in Sch. 2 para. 3(1)(d) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 96(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(y)(2)(ff)(3)(t)
C51
Sch. 2 para. 3(2)(a) excluded (1.1.1998) by 1997 c. 43, s. 35(5)(e); S.I. 1997/2200, art. 3 (with art. 5)
Sch. 2 para. 3(2)(a) excluded (1.1.1998) by 1997 c. 43, s. 35(8)(b); S.I. 1997/2200, art. 3 (with art. 5)
F348
Sch. 2 para. 3(2)(b) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 15(1); S.I. 1997/2200, art. 2 (with art. 5)
F349
Sch. 2 para. 3(2A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 96(3); S.I. 1998/2327, art. 2(1)(y)(2)(ff)
I126
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C52
Sch. 2 para. 4 amended (1.10.1997 so far as relating to sentences falling to be imposed under ss. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m) (with art. 5)
C53
Sch. 2 para. 4(1): power to amend conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), ss. 17(3), 102(2), Sch. 4 Pt. IV) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2
F350
Words in Sch. 2 para. 4(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.4; S.I. 1998/2327, art.2(1)(n)
F351
Words in Sch. 2 para. 4(1) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(3)(a); S.I. 1998/2327, art.2(1)(w)
F352
Sch. 2 para. 4(1)(c) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(2); S.I. 1998/2327, art.2(1)(w)
F353
Words in Sch. 2 para. 4(1)(d) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 96(4), Sch.10; S.I. 1998/2327, art.2(1)(aa)(y)(2)(ff)(3)(t)
F354
Words in Sch. 2 para. 4(1)(d) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(3)(b); S.I. 1998/2327, art.2(1)(w)
F355
Sch. 2 para. 4(2)(b) substituted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 15(11); S.I. 1997/2200, art. 2 (with art. 5)
F356
Sch. 2 para. 4(2A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 96(5); S.I. 1998/2327, art.2(1)(y)(2)(ff)
I127
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F357
Sch. 2 para. 5(2)(a)(b) substituted for words in Sch. 2 para. 5(2) (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.5; S.I. 1998/2327, art.2(1)(n)
I128
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F358
Words in Sch. 2 para. 6(1) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(4); S.I. 1998/2327, art. 2(1)(w)
F359
Sch. 2 para. 6(2) substituted (20.9.1993) by 1993 c. 36, s. 65(3)(4), Sch. 3 para. 6(7); S.I. 1993/1968, art. 2(2), Sch. 2
F360
Sch. 2 para. 6(3A) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(5); S.I. 1998/2327, art. 2(1)(w)
F361
Sch. 2 para. 6(5) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(6); S.I. 1998/2327, art. 2(1)(w)
F362
Words in Sch. 2 para. 6(5)(a)(b) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 4 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F363
Sch. 2 para. 6(6) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(7); S.I. 1998/2327, art. 2(1)(w)
F364
Sch. 2 para. 6A inserted (30.9.1998, subject to S.I. 1998/2327, art. 6(4)(b)) by 1998 c. 37, s. 106, Sch. 7 para. 46(8); S.I. 1998/2327, arts2(1)(w), 6(4)(b)
I129
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I130
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F365
Words in Sch. 2 para. 7(1) inserted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 5(2)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F366
Words in Sch. 2 para. 7(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(1); S.I. 1998/2327, art. 2(1)(n)
F367
Words in Sch. 2 para. 7(1) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 5(2)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F368
Sch. 2 para. 7(2) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 5(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F369
Words in Sch. 2 para. 7(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(2)(a); S.I. 1998/2327, art. 2(1)(n)
F370
Words in Sch. 2 para. 7(3) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 5(4) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F371
Words in Sch. 2 para. 7(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(2)(b); S.I. 1998/2327, art. 2(1)(n)
F372
Words in Sch. 2 para. 7(4)(5) substituted (27.7.1999) by 1999 c. 22, ss. 66, 106 Sch. 9 para. 5(4)(5) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F373
Words in Sch. 2 para. 7(5) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(9); S.I. 1998/2327, art. 2(1)(w)
F374
Sch. 2 para. 7(6) repealed (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 5(6) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
I131
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F375
Sch. 2 para. 8(1) substituted (27.7.1999) for Sch. 2 para. 8(1)(1A) by 1999 c. 22, s. 66, Sch. 9 para. 6 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F376
Sch. 2 para. 8(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(10); S.I. 1998/2327, art. 2(1)(w)
F377
Words in Sch. 2 para. 8(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 7(2)(a); S.I. 1998/2327, art. 2(1)(n)
F378
Words in Sch. 2 para. 8(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 7(2)(b); S.I. 1998/2327, art. 2(1)(n)
F379
Sch. 2 para. 8A inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)
F380
Words in Sch. 2 para. 8A(1) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 7(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F381
Words in Sch. 2 para. 8A(2) inserted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 7(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F382
Words in Sch. 2 para. 8A(3) repealed (27.7.1999) by 1999 c. 22, s. 66, 106, Sch. 9 para. 7(4)(a), Sch. 15 Pt. IV (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 1999/2657, art. 2(b)
F383
Words in Sch. 2 para. 8A(3) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 7(4)(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F384
Sch. 2 para. 8(4)(5) repealed (27.7.1999) by 1999 c. 22, s. 66, 106, Sch. 9 para. 7(5), Sch. 15 Pt. IV (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 1999/2657, art. 2(b)
F385
Words in Sch. 2 para. 8A(6) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 7(6)(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
M78
1991 c.53.
F386
Words in Sch. 2 para. 8(6) repealed (27.7.1999) by by 1999 c. 22, s. 66, 106, Sch. 9 para. 7(6)(b), Sch. 15 Pt. IV (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 1999/2657, art. 2(b)
I132
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F387
Sch. 2 para. 9(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.8; S.I. 1998/2327, art.2(1)(n)
I133
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I134
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F388
Sch. 2 para. 11A inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(12); S.I. 1998/2327, art. 2(1)(w)
F389
Words in Sch. 2 para. 11A substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 8 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F390
Sch. 2 para. 11B inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(12); S.I. 1998/2327,art. 2(1)(w)
I135
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F391
Words in Sch. 2 para. 12(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 9; S.I. 1998/2327, art. 2(1)(n)
F392
Sch. 2 para. 12(5)(6) inserted (30.9.1998 for areas specified in S.I. 1998/2327, art. 3(1), Sch. 1 (subject to art. 9 of that S.I.) and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 96(6); S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)
I136
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
C54
Sch. 2 para. 13 amended (1.10.1997 so far as relating to sentences falling to be imposed under ss. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m) (with art. 5)
F393
Words in Sch. 2 para. 13(2)(a)(ii) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 15(12); S.I. 1997/2200, art.2 (with art. 5)
I137
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F394
Sch. 2 para. 14 amended (1.10.1997 so far as relating to sentences falling to be imposed under ss. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m) (with art. 5)
F395
Words in Sch. 2 para. 14(2)(b) ceased to have effect (1.10.1997) by virtue of 1997 c. 43, s. 55, Sch. 4 para. 15(13) (and are repealed (prosp.) by 1997 c. 43, s. 56(2) Sch.6); S.I. 1997/2200, art.2 (with art. 5)
I138
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I139
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F396
Words in Sch. 2 para. 16 inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.11; S.I. 1998/2327, art.2(1)(n)
I140
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F397
Words in Sch. 2 para. 17(1) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(1), Sch. 8 para. 96(7), Sch.10; S.I. 1998/2327, art.2(1)(aa)(y)(2)(ff)(3)(t)
I141
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F398
Words in Sch. 2 para. 18(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 12(1); S.I. 1998/2327, art.2(1)(n)
F399
Sch. 2 para. 18(1A) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 12(2); S.I. 1998/2327, art.2(1)(n)
F400
Words in Sch. 2 para. 18(2) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 12(3); S.I. 1998/2327, art.2(1)(n)
I142
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
F401
Sch. 2 para. 14A (and the heading immediately preceding it) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.10; S.I. 1998/2327, art.2(1)(n)
F402
Sch. 2 para. 14A (and the heading immediately preceding it) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.10; S.I. 1998/2327, art.2(1)(n)
I143
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F403
Words in Sch. 3 para. 1 substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para.173; S.I. 1996/323, art. 4(1)(c)
M79
1984 c. 36.
M80
1975 c. 21.
I144
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F404
Words in Sch. 3 para. 2(3)(c) substituted (1.1.1998) by S.I. 1996/3161, art. 2(a)(i); S.R. 1997/523, art.3
F405
Words in Sch. 3 para. 2(3)(d) substituted (1.1.1998) by S.I. 1996/3161, art. 2(a)(ii); S.R. 1997/523, art.3
I145
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F406
Words in Sch. 3 para. 3(3)(b) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para.173; S.I. 1996/323, art. 4(1)(c)
I146
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F407
Sch. 3 para. 4(1)(a) repealed (1.1.1998) by S.I. 1996/3161, art. 2(b)(i); S.R. 1997/523, art.3
F408
Words in Sch. 3 para. 4(1)(b) repealed (1.1.1998) by S.I. 1996/3161, art. 2(b)(ii); S.R. 1997/523, art.3
F409
Words in Sch. 3 para. 4(2) repealed (1.1.1998) by S.I. 1996/3161, art. 2(b)(iii); S.R. 1997/523, art.3
F410
Words in Sch. 3 para. 4(3)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(b)(iv); S.R. 1997/523, art.3
I147
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I148
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
M81
1975 c. 21.
F411
Words in Sch. 3 para. 6(4)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(c)(i); S.R. 1997/523, art.3
M82
1978 c. 49.
F412
Sch. 3 para. 6(4)(c)(ii) substituted (1.1.1998) by S.I. 1996/3161, art. 2(c)(ii); S.R. 1997/523, art.3
F413
Word in Sch. 3 para. 6(5)(a)(i) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(3)
M83
1975 c. 21.
F414
Words in Sch. 3 para. 6(8) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 173; S.I. 1996/323, art. 4(1)(c)
M84
1978 c. 49.
F415
Words in Sch. 3 para. 6(8) substituted (1.1.1998) by S.I. 1996/3161, art. 2(c)(iii); S.R. 1997/523, art.3
I149
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I150
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I151
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
I152
Sch. 4 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
F416
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para. 70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
F417
Sch. 5 para. 1(2)(a)(b) substituted for words in Sch. 5 para. 1(2) (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.97; S.I. 1998/2327, art.2(1)(y)(2)(gg)
M85
1997 c.43.
F418
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F419
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F420
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F421
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
F422
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F423
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F424
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F425
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F426
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F427
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F428
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F429
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F430
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F431
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
F432
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F433
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
F434
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F435
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2 (S.I. 1996/1530 having been revoked by that instrument)
F436
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art.2
F437
Sch. 5 substituted (1.7.1996) by 1994 c. 33, s. 168(2), Sch. 10 para.70; S.I. 1996/1608, art. 2 (S.I. 1996/1530 having been revoked by that instrument)
F438
Words in s. 24(1) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)
F439
Words in s. 24(2)(d) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)
F440
S. 24(4): definition of "income-related employment and support allowance" repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(b), 150(1)(d)
F441
Sch. 12 paras. 8-13 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 5; S.I. 2012/2906, art. 2(n)
F442
Pt. 2: transitional provisions for the repeal by 2003 c. 44, s. 303(a) and specified transitional and savings provisions in S.I. 2005/950, Sch. 2 revoked (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(3), 151(1), Sch. 14 para. 17; S.I. 2012/2906, art. 2(d)(l)
F443
S. 60(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 27; S.I. 2012/2906, art. 2(j)
F444
Words in s. 60(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 28(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F445
Words in s. 60(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 28(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F446
S. 61 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 29; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F447
S. 61A omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 30; S.I. 2012/2906, art. 2(j)
F448
Words in s. 92(3)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 31(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F449
Words in s. 92(3)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 31(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F450
Words in s. 53(3) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 40; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
F451
Words in s. 24 heading inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(a)
F452
Words in s. 24(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(b)
F453
Words in s. 24(2)(d) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(b)
F454
S. 65 repealed (3.12.2012 for the repeal of s. 65(1), 1.5.2013 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 63, Sch. 37 Pt. 7; S.I. 2012/2905, art. 3(1)
F455
S. 53 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 62(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F456
Sch. 6 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 62(3), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F457
Sch. 11 para. 25 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(d)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)
F458
Words in s. 24(1)(b) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(2)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F459
S. 24(4): definition of “unlawful profit order” inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(4); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F460
Words in s. 20A(1) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 26(a); S.I. 2013/2981, art. 2(d)
F461
Words in s. 20A(1A) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 26(b); S.I. 2013/2981, art. 2(d)
F462
S. 68(c) repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
F463
Sch. 8 para. 5 repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
F464
Sch. 12 para. 22(2) repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
F465
Words in s. 60(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 127; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F466
S. 24(4): para. (ba) inserted in definition of "fine" (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 7; S.I. 2015/778, art. 3, Sch. 1 para. 78
F467
Words in s. 24(1) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(2); S.I. 2015/1476, reg. 2(j)
F468
Words in s. 24(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(3); S.I. 2015/1476, reg. 2(j)
F469
S. 24(4): definition of "slavery and trafficking reparation order" inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(4); S.I. 2015/1476, reg. 2(j)
F470
Words in s. 60(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 128(a)
F471
Words in s. 60(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 128(b)
F472
Words in Sch. 3 para. 10(2)(a) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 99, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F473
Words in s. 24(3A) inserted (9.7.2019) by The Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2019 (S.I. 2019/1092), arts. 1, 2
F474
Words in Sch. 3 para. 11(7)(b) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 17; S.I. 2020/24, reg. 3(b)
F475
S. 24(3B) inserted (10.6.2020) by The Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020 (S.I. 2020/584), arts. 1(1), 2
C55
S. 17(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
C56
Sch. 11 para. 27(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
F476
S. 17(1) repealed (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 29 (with ss. 413(4), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F477
Words in s. 24(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F478
Words in s. 24(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F479
Words in s. 24(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F480
Sch. 11 para. 27(1) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F481
Words in Sch. 3 para. 11(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F482
Words in Sch. 3 para. 11(2A)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F483
Words in Sch. 3 para. 11(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(4)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F484
Words in Sch. 3 para. 11(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(4)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F485
Words in Sch. 3 para. 11(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F486
Words in Sch. 3 para. 11(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(5)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F487
Words in Sch. 3 para. 11(5)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(5)(c) (with Sch. 27); S.I. 2020/1236, reg. 2
F488
Words in Sch. 3 para. 11(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(6)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F489
Words in Sch. 3 para. 11(8) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 121(6)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
F490
S. 80(1B) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(4), 208(5)(g)
F491
S. 80(1)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(3), 208(5)(g)
F492
Words in s. 80(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(5), 208(5)(g)
F493
S. 82(4A)-(4C) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(7), 208(5)(g)
F494
Words in s. 82(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(8), 208(5)(g)

Criminal Justice Act 1991

C4 Part I Powers of Courts to deal with Offenders¶

Custodial sentences¶

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Community sentences¶

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Probation and community service orders¶

F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Curfew orders¶

F1212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Orders: supplemental¶

F1414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1515 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

I116 Reciprocal enforcement of certain orders.¶

Financial penalties¶

E2I217 Increase of certain maxima.¶

F2018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

20A False statements as to financial circumstances.¶

Financial penalties: supplemental¶

F2721 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2822 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

E3I323 Default in other cases.¶

I424 Recovery of fines etc. by deductions from universal credit and income support.¶

Miscellaneous¶

F4725 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

E4I526 Alteration of certain penalties.¶

I627 Treatment of offenders under 1983 Act.¶

Supplemental¶

F4928 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F5029 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

I730 Rules, regulations and orders.¶

F5331 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F54F442Part II Early Release of Prisoners¶

Preliminary¶

I103C1932 The Parole Board.¶

New arrangements for early release¶

I104C2033 Duty to release short-term and long-term prisoners.¶

F288C3233A Duty to release prisoners: special cases.¶

F27334 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F291C3334A Power to release short-term prisoners on licence.¶

I105C24F27435 Power to release long-term and life prisoners.¶

I106C26F27536 Power to release prisoners on compassionate grounds.¶

I107C2737 Duration and conditions of licences.¶

F28937A Curfew condition to be included in licence under section 34A.¶

Misbehaviour after release¶

F29938 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F30638A Breach of curfew condition.¶

I108C35F30039 Recall of long-term and life prisoners while on licence.¶

F30340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F304C3640A F304 Release on licence following return to prison.¶

Remand time and additional days¶

I109C3741 Remand time to count towards time served.¶

I110C3842 Additional days for disciplinary offences.¶

Special cases¶

I111C3943 Young offenders.¶

C4044 Extended sentences for sexual or violent offenders.¶

F32644A Re-release of prisoners serving extended sentences.¶

I112F316C4345 Fine defaulters and contemnors.¶

I113C4546 Persons liable to removal from the United Kingdom.¶

46A Early removal of persons liable to removal from United Kingdom¶

46B Re-entry into United Kingdom of offender removed early from prison¶

I114C4747 Persons extradited to the United Kingdom.¶

I115F32548 Life prisoners transferred to England and Wales.¶

Supplemental¶

I11649 Alteration by order of relevant proportions of sentences.¶

I11750 Transfer by order of certain functions to Board.¶

I11851 Interpretation of Part II.¶

Part III Children and Young Persons¶

Children’s evidence¶

^C4 Part I Powers of Courts to deal with Offenders¶

^F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1515 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I116 Reciprocal enforcement of certain orders.¶

^E2^I217 Increase of certain maxima.¶

^F2018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2721 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2822 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^E3^I323 Default in other cases.¶

^I424 Recovery of fines etc. by deductions from universal credit and income support.¶

^F4725 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^E4^I526 Alteration of certain penalties.¶

^I627 Treatment of offenders under 1983 Act.¶

^F4928 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F5029 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I730 Rules, regulations and orders.¶

^F5331 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F54^F442Part II Early Release of Prisoners¶

^I103^C1932 The Parole Board.¶

^I104^C2033 Duty to release short-term and long-term prisoners.¶

^F288^C3233A Duty to release prisoners: special cases.¶

^F27334 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F291^C3334A Power to release short-term prisoners on licence.¶

^I105^C24^F27435 Power to release long-term and life prisoners.¶

^I106^C26^F27536 Power to release prisoners on compassionate grounds.¶

^I107^C2737 Duration and conditions of licences.¶

^F28937A Curfew condition to be included in licence under section 34A.¶

^F29938 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F30638A Breach of curfew condition.¶

^I108^C35^F30039 Recall of long-term and life prisoners while on licence.¶

^F30340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F304^C3640A ^F304 Release on licence following return to prison.¶

^I109^C3741 Remand time to count towards time served.¶

^I110^C3842 Additional days for disciplinary offences.¶

^I111^C3943 Young offenders.¶

^C4044 Extended sentences for sexual or violent offenders.¶

^F32644A Re-release of prisoners serving extended sentences.¶

^I112^F316^C4345 Fine defaulters and contemnors.¶

^I113^C4546 Persons liable to removal from the United Kingdom.¶

^I114^C4747 Persons extradited to the United Kingdom.¶

^I115^F32548 Life prisoners transferred to England and Wales.¶

^I11649 Alteration by order of relevant proportions of sentences.¶

^I11750 Transfer by order of certain functions to Board.¶

^I11851 Interpretation of Part II.¶

^I853 Notices of transfer in certain cases involving children.¶

^I954 Video recordings of testimony from child witnesses.¶

^I1055 Further amendments of enactments relating to children’s evidence.¶

^I1156 Attendance at court of parent or guardian.¶

^F6657 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F6758 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I1259 Detention at a police station.¶

^I1360 Remands and committals to local authority accommodation.¶

^F44661 Provision by local authorities of secure accommodation.¶

^F44761A Cost of secure accommodation.¶

62 ^F68 Transitory provisions pending provision of secure accommodation.¶

^F6963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7064 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F45465 Supervision of young offenders after release.¶

^F7166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I1468 Persons aged 17 to be treated as young persons for certain purposes.¶

^I1570 Renaming of juvenile courts etc.¶

^C12Part IV Provision of Services¶

^F7673 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7774 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶