Part IU.K. Powers of Courts to Deal with Offenders

PreliminaryE+W

1 Deferment of sentence.E+W

(1)Subject to the provisions of this section, the Crown Court or a magistrates’ court may defer passing sentence on an offender for the purpose of enabling the court [F1or any other court to which it falls to deal with him to have regard, in dealing with him], to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

(2)Any deferment under this section shall be until such date as may be specified by the court, not being more than six months after the date [F2on which the deferment is announced by the court]; and [F3,subject to subsection (8A) below,] where the passing of sentence has been deferred under this section it shall not be further deferred thereunder.

(3)The power conferred by this section shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

(4)A court which under this section has deferred passing sentence on an offender may [F4deal with] him before the expiration of the period of deferment if during that period he is convicted in Great Britain of any offence.

[F5(4A)If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence ("the subsequent offence’), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, [F6deal with] him for the first-mentioned offence or offences:

(a)the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and

(b)the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.]

(5)Where a court which under this section has deferred passing sentence on an offender proposes to [F7deal with] him, whether on the date originally specified by the court or by virtue of subsection (4) above before that date, [F2or where the offender does not appear on the date specified, the court] may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest.

[F8(6)It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is conferred by [F9section 10(1) of the Magistrates’ Courts Act 1980], and that accordingly [F9sections 11(1) and 13(1), (2) and (5) of that Act] (non-appearance of the accused) [F10apply] (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.

(6A)Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.]

(7)Nothing in this section shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this section.

[F11(8)The power of a court under this section to deal with an offender in a case where the passing of sentence has been deferred thereunder—

(a)includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him; and

(b)without prejudice to the generality of the foregoing, in the case of a magistrates’ court, includes the power conferred by sec-tion 37 or 38 of the Magistrates’ Courts Act 1980 to commit him to the Crown Court for sentence.

(8A)Where, in a case where the passing of sentence on an offender in respect of one or more offences has been deferred under this section, a magistrates’ court deals with him by committing him to the Crown Court under section 37 or 38 of the Act of 1980, the power of the Crown Court to deal with him includes the same power to defer passing sentence on him as if he had just been convicted of the offence or offences on indictment before the court.]

[F12Discharge]E+W+S

F131A Absolute and conditional discharge.E+W

(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.

F141B Commission of further offence by person conditionally discharged.E+W

(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.

[F151C Effect of discharge.E+W

(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.]

[F16 Probation]E+W+S

F172 Probation orders.E+W

(1)Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law) is of the opinion that the supervision of the offender by a probation officer is desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)protecting the public from harm from him or preventing the commission by him of further offences,

the court may make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period specified in the order of not less than six months nor more than three years.

For the purposes of this subsection the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

(2)A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of a probation officer appointed for or assigned to that area.

(3)Before making a probation order, the court shall explain to the offender in ordinary language—

(a)the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);

(b)the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and

(c)that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,

and the court shall not make the order unless he expresses his willingness to comply with its requirements.

(4)The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

(a)to the offender;

(b)to the probation officer responsible for the offender’s supervision; and

(c)to the person in charge of any institution in which the offender is required by the order to reside.

(5)The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(6)An offender in respect of whom a probation order is made shall keep in touch with the probation officer responsible for his supervision in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

(7)The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or 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.

(8)An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

[F183 Additional requirements which may be included in such orders.E+W

(1)Subject to subsection (2) below, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)protecting the public from harm from him or preventing the commission by him of further offences.

(2)Without prejudice to the power of the court under section 35 of this Act to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.

(3)Without prejudice to the generality of subsection (1) above, the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1A to this Act.]

4 F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F204A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F214B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

[F28Probation and discharge]E+W

11 Substitution of conditional discharge for probation.E+W

(1)Where on an application made by the probationer or the probation officer it appears to the court having power to discharge a probation order that the order is no longer appropriate in the case of the probationer, the court may make, in substitution for the probation order, an order discharging him in respect of the original offence, subject to the condition that he commits no offence between the making of the order under this section and the expiration of the probation period.

[F29(1A)No application may be made under subsection (1) above while an appeal against the probation order is pending]

(2)A person in respect of whom an order is made under this section shall so long as the condition mentioned in subsection (1) above continues in force be treated in all respects and in particular for the purposes of [F30paragraph 7 of Schedule 2 to the Criminal Justice Act 1991]as if the original order made in his case had been an order for conditional discharge made by the court which made the original order and as if the period of conditional discharge were the same as the probation period.

(3)Where an application under this section is made by the probation officer, it may be heard in the absence of the probationer if the officer produces to the court a statement by him that he understands the effect of an order under this section and consents to the application being made.

(4)On the making of an order under this section the appropriate officer of the court shall forthwith give copies of the order to the probation officer, who shall give a copy to the person in respect of whom the order is made and to the person in charge of any institution in which that person was required by the probation order to reside.

12 Supplementary provision as to probation and discharge.E+W

(1)Any court may, on making a probation order or an order for conditional discharge under this Part of this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender.

(2)For the purposes of this Act, except [F31.section 2(4)], where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought.

(3)In proceedings before the Crown Court under the preceding provisions of this Act, any question whether a probationer has failed to comply with the requirements of the probation order, and any question whether any person in whose case a probation order or an order for conditional discharge has been made has been convicted of an offence committed during the probation period or, as the case may be, the period of conditional discharge, shall be determined by the court and not by the verdict of a jury.

(4)Nothing in [F32section 1A or 2] of this Act shall be construed as taking away any power of the court, on making a probation order in respect of an offender or discharging an offender absolutely or conditionally, to order him to pay costs or compensation [F33or to make an order under section 43 below].

F3413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Community service ordersE+W

14 Community service orders in respect of convicted personsE+W

(1)Where a person of or over [F35sixteen] years of age is convicted of an offence punishable with imprisonment, the court by or before which he is convicted may, F36. . . (but subject to subsection (2) below) make an order (in this Act referred to as “a community service order”) requiring him to perform unpaid work in accordance with the subsequent provisions of this Act . . . F37.

The reference in this subsection 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.

[F38(1A)The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—

(a)not less than 40; and

[F39(b)not more than 240.]]

[F40(2)A court shall not make a community service order in respect of any offender unless the offender consents and the court, after hearing (if the court thinks it necessary) a probation officer or social worker of a local authority social services department, is satisfied that the offender is a suitable person to perform work under such an order.

(2A)Subject to paragraphs 3 and 4 of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders) a court shall not make a community service order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in which he resides or will reside.]

(3)Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum [F41specified in paragraph (b) F42. . . of subsection (1A) above,].

(4)A community service order shall specify the petty sessions area in which the offender resides or will reside; and the functions conferred by the subsequent provisions of this Act on the relevant officer shall be discharged by a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of [F43Part IV of Schedule 2 to the Criminal Justice Act 1991]), or by a person appointed for the purposes of those provisions by the probation and after-care committee for that area.

(5)Before making a community service order the court shall explain to the offender in ordinary language—

(a)the purpose and effect of the order (and in particular the requirements of the order as specified in section 15 of this Act);

(b)the consequences which may follow under [F44Part II of Schedule 2 to the Criminal Justice Act 1991] if he fails to comply with any of those requirements; and

(c)that the court has under [F45Parts III and IV of that Schedule] t he power to review the order on the application either of the offender or of a probation officer.

(6)The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.

(7)The Secretary of State may by order direct that [F46subsection (1A) above shall be amended by substituting for the maximum number of hours for the time being specified in paragraph (b)(i) or (ii) of that subsection], such number of hours as may be specified in the order.

(8)Nothing in subsection (1) above shall be construed as preventing a court which makes a community service order in respect of any offence from making an order for costs against, or imposing any disqualification on, the offender or from making in respect of the offence an order under section 35, 39, 43 or 44 of this Act, or under section 28 of the M1Theft Act 1968.

15 Obligations of person subject to community service order. E+W

(1)An offender in respect of whom a community service order is in force shall—

[F47(a)keep in touch with the relevant officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address;]

(b)perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.

(2)Subject to [F48paragraph 15 of Schedule 2 to the Criminal Justice Act 1991], the work required to be performed under a community service order shall be performed during the period of twelve months beginning with the date of the order [F49; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.]

(3)The instructions given by the relevant officer under this section shall, so far as practicable, be such as to avoid any conflict with the offender’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.

F5016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F52 Community service orders relating to persons residing in Scotland or Northern Ireland]E+W+S

F5317A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5417B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5517C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Imprisonment, Borstal training and detention: general provisionsE+W

18 General power of Crown Court to impose sentence of imprisonment on conviction on indictment.E+W

(1)Where a person is convicted on indictment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment, but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

19 F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5920A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

21 Restriction on imposing sentences of imprisonment, Borstal training or detention on persons not legally represented.E+W

(1)A magistrates’ court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not pass a sentence of imprisonment, . . . F60 on a person who is not legally represented in that court and has not been previously sentenced to that punishment by a court in any part of the United Kingdom, unless either—

(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.

(2)For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced, and in subsection (1)(a) and (b) above “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.

(3)For the purposes of this section—

(a)a previous sentence of imprisonment which has been suspended and which has not taken effect under section 23 of this Act or under section 19 of the M2Treatment of Offenders Act (Northern Ireland) 1968 shall be disregarded;

(b)“sentence of imprisonment” does not include a committal or attachment for contempt of court; and

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Suspended sentences of imprisonmentE+W+S

22 Suspended sentences of imprisonment.E+W

(1)Subject to subsection (2) below, a court which passes a sentence of imprisonment for a term of not more than two years for an offence may order that the sentence shall not take effect unless, during a period specified in the order, being not less than one year or more than two years from the date of the order, the offender commits in Great Britain another offence punishable with imprisonment and thereafter a court having power to do so orders under section 23 of this Act that the original sentence shall take effect; and in this Part of this Act “operational period”, in relation to a suspended sentence, means the period so specified.

[F62(2)A court shall not deal with an offender by means of a suspended sentence unless it is of the opinion—

(a)that the case is one in which a sentence of imprisonment would have been appropriate even without the power to suspend the sentence; and

(b)that the exercise of that power can be justified by the exceptional circumstances of the case.

(2A)A court which passes a suspended sentence on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order.]

(3)A court which passes a suspended sentence on any person for an offence shall not make a probation order in his case in respect of another offence of which he is convicted by or before the court or for which he is dealt with by the court.

(4)On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under section 23 of this Act if during the operational period he commits an offence punishable with imprisonment.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(6)Subject to any provision to the contrary contained in the M3Criminal Justice Act 1967, this Act or any enactment passed or instrument made under any enactment after 31st December 1967—

(a)a suspended sentence which has not taken effect under section 23 of this Act shall be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office, or forfeiture of pensions, of persons sentenced to imprisonment; and

(b)where a suspended sentence has taken effect under that section, the offender shall be treated for the purposes of the enactments and instruments excepted by paragraph (a) above as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under that section expires or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.

23 Power of court on conviction of further offence to deal with suspended sentence. E+W

(1)Where an offender is convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and either he is so convicted by or before a court having power under section 24 of this Act to deal with him in respect of the suspended sentence or he subsequently appears or is brought before such a court, then, unless the sentence has already taken effect, that court shall consider his case and deal with him by one of the following methods:—

(a)the court may order that the suspended sentence shall take effect with the original term unaltered;

(b)it may order that the sentence shall take effect with the substitution of a lesser term for the original term;

(c)it may by order vary the original order under section 22(1) of this Act by substituting for the period specified therein a period expiring not later than two years from the date of the variation; or

(d)it may make no order with respect to the suspended sentence;

and a court shall make an order under paragraph (a) of this subsection unless the court is of opinion that it would be unjust to do so in view of all the circumstances . . . F64, including the facts of the subsequent offence, and where it is of that opinion the court shall state its reasons.

(2)Where a court orders that a suspended sentence shall take effect, with or without any variation of the original term, the court may order that that sentence shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment passed on the offender by that or another court.

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(6)In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Crown Court any question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence shall be determined by the court and not by the verdict of a jury.

(7)Where a court deals with an offender under this section in respect of a suspended sentence the appropriate officer of the court shall notify the appropriate officer of the court which passed the sentence of the method adopted.

(8)Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence, the appropriate officer of the court shall record that fact.

(9)For the purposes of any enactment conferring rights of appeal in criminal cases any order made by a court with respect to a suspended sentence shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.

24 Court by which suspended sentence may be dealt with.E+W

(1)An offender may be dealt with in respect of a suspended sentence by the Crown Court or, where the sentence was passed by a magistrates’ court, by any magistrates’ court before which he appears or is brought.

(2)Where an offender is convicted by a magistrates’ court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Crown Court—

(a)the court may, if it thinks fit, commit him in custody or on bail to the Crown Court; and

(b)if it does not, shall give written notice of the conviction to the appropriate officer of the Crown Court.

(3)For the purposes of this section and of section 25 of this Act a suspended sentence passed on an offender on appeal shall be treated as having been passed by the court by which he was originally sentenced.

25 Procedure where court convicting of further offence does not deal with suspended sentence.E+W+S

(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 an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, that court or justice may, subject to the following provisions of this section, issue a summons requiring the offender 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 suspended sentence was passed by the Crown Court, by that court;

(b)if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.

(3)Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales, the court shall give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

(4)Unless he is acting in consequence of a notice under subsection (3) above, 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.

(5)A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence was passed.

26 Suspended sentence supervision orders.E+W

(1)Where a court passes on an offender a suspended sentence for a term of more than six months for a single offence, the court may make a suspended sentence supervision order (in this Act referred to as “a supervision order”) placing the offender under the supervision of a supervising officer for a period specified in the order, being a period not exceeding the operational period of the suspended sentence.

(2)The Secretary of State may by order—

(a)direct that subsection (1) above be amended by substituting, for the number of months specified in the subsection as originally enacted or as previously amended under this paragraph, such other number (not more than six) as the order may specify; or

(b)make in that subsection the repeals necessary to enable a court to make a supervision order thereunder in the case of any suspended sentence, whatever the length of the term.

(3)A supervision order shall specify the petty sessions area in which the offender resides or will reside; and the supervising officer shall be a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of subsection (6) below).

(4)An offender in respect of whom a supervision order is in force shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

(5)The court by which a supervision order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy to the offender and the supervising officer; and the court shall, except where it is itself a magistrates’ court acting for the petty sessions area specified in the order, send to the clerk to the justices for the petty sessions area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.

(6)If a magistrates’ court acting for the petty sessions area for the time being specified in a supervision order is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area, the court may, and on the application of the supervising officer shall, amend the order by substituting the other petty sessions area for the area specified in the order.

(7)Where a supervision order is amended by a court under subsection (6) above the court shall send to the clerk to the justices for the new area specified in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order.

(8)A supervision order shall cease to have effect if before the end of the period specified in it—

(a)a court orders under section 23 of this Act that a suspended sentence passed in the proceedings in which the order was made shall have effect; or

(b)the order is discharged or replaced under the subsequent provisions of this section.

(9)A supervision order may be discharged, on the application of the supervising officer or the offender—

(a)if it was made by the Crown Court and includes a direction reserving the power of discharging it to that court, by the Crown Court;

(b)in any other case by a magistrates’ court acting for the petty sessions area for the time being specified in the order.

(10)Where under section 23 of this Act a court deals with an offender in respect of a suspended sentence by varying the operational period of the sentence or by making no order with respect to the sentence, the court may make a supervision order in respect of the offender—

(a)in place of any such order made when the suspended sentence was passed; or

(b)if the court which passed the sentence could have made such an order but did not do so; or

(c)if that court could not then have made such an order but would have had power to do so if subsection (1) above had then had effect as it has effect at the time when the offender is dealt with under section 23.

(11)On making a supervision order the court shall in ordinary language explain its effect to the offender.

27 Breach of requirement of suspended sentence supervision order.E+W

(1)If at any time while a supervision 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 for the time being specified in the order that the offender has failed to comply with any of the requirements of section 26(4) of this Act, the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest.

(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought before a magistrates’ court acting for the petty sessions area for the time being specified in the supervision order.

(3)If it is proved to the satisfaction of the court before which an offender appears or is brought under this section that he has failed without reasonable cause to comply with any of the requirements of section 26(4) the court may, without prejudice to the continuance of the order, impose on him a fine not exceeding [F66£1000].

[F67(4)Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.]

Powers relating to persistent offendersU.K.

F6828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F6929[F69Supplementary provisions as to persistent offenders.]S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A person sentenced to an extended term of imprisonment under section 28 of this Act and transferred under section 26 of the M4Criminal Justice Act 1961 to Scotland or Northern Ireland shall, notwithstanding anything in section 26(4) (treatment of prisoners so transferred) be treated as if an extended sentence certificate had not been issued in respect of him.]

Crown Court fines, etc.E+W

30 General power of Crown Court to fine offender convicted on indictment.E+W

(1)Where a person is convicted on indictment of any offence other than an offence for which the sentence is fixed by law, the court, if not precluded from sentencing the offender by its exercise of some other power F71. . ., may impose a fine in lieu of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment . . . F72 requiring the offender to be dealt with in a particular way.

F73(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Powers, etc., of Crown Court in relation to fines and forfeited recognizances.E+W

(1)Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court may make an order—

(a)allowing time for the payment of the amount of the fine or the amount due under the recognizance;

(b)directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order;

(c)in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder.

[F74(2)Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court shall make an order fixing a term of imprisonment or of detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.

(3)No person shall on the occasion when a fine is imposed on him or his recognizance is forfeited by the Crown Court be committed to prison or detained in pursuance of an order under subsection (2) above unless—

(a)in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;

(b)it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or

(c)on the occasion when the order is made the court sentences him to immediate imprisonment, custody for life, youth custody or detention in a detention centre for that or another offence, or sentences him as aforesaid for an offence in addition to forfeiting his recognizance, or he is already serving a sentence of custody for life or a term—

(i)of imprisonment;

(ii)of youth custody;

(iii)of detention in a detention centre; or

(iv)of detention under section 9 of the Criminal Justice Act 1982.

(3A)Subject to subsections (3B) and (3C) below, the periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention under subsection (2) above applicable respectively to the amounts set out opposite thereto.

(3B)Where the amount due at the time imprisonment or detention is imposed is so much of a fine or forfeited recognizance as remains due after part payment, then, subject to subsection (3C) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the total sum.

(3C)In calculating the reduction required under subsection (3B) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than [F77sevendays].

(4)Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment of youth custody or a term of detention under section 4 or 9 of the Criminal Justice Act 1982, the court may order that any term of imprisonment or detention fixed under subsection (2) above shall not begin to run until after the end of the first-mentioned term.]

(5)The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other Act relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.

(6)Subject to subsection (7) below, the powers conferred by this section shall not be taken as restricted by any enactment about committal by a magistrates’ court to the Crown Court which authorises the Crown Court to deal with an offender in any way in which the magistrates’ court might have dealt with him.

[F78(7)Any term fixed under subsection (2) above as respects a fine imposed in pursuance of such an enactment, that is to say a fine which the magistrates’ court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates’ court) under section 149(1) of the Customs and Excise Management Act 1979.

(8)This section shall not apply to a fine imposed by the Crown Court on appeal against a decision of a magistrates’ court, but subsections (2) to (3C) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references to the Crown Court in subsections (2) and (3) above shall be construed accordingly.]

32 Enforcement, etc., of fines imposed and recognizances forfeited by Crown Court. E+W

(1)Subject to the provisions of subsection (4) below, a fine imposed or a recognizance forfeited by the Crown Court after 31st December 1967 shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited—

(a)by a magistrates’ court specified in an order made by the Crown Court; or

(b)if no such order is made, by the magistrates’ court by which the offender was committed to the Crown Court to be tried or dealt with;

and in the case of a fine as having been so imposed on conviction by the magistrates’ court in question.

(2)The term of imprisonment [F79or detention under section 9 of the Criminal Justice Act 1982] specified in any warrant of commitment issued by a magistrates’ court on a default in the payment of a fine imposed, or sum due under a recognizance forfeited, by the Crown Court as the term which the offender is liable to serve shall be the term fixed by the latter court under section 31(2) of this Act or, if that term has been reduced under [F80section 79(2) of the Magistrates’ Courts Act 1980] (part payment) or [F80section 85(1) of that Act] (remission) that term as so reduced, notwithstanding that that term exceeds the period applicable to the case under . . . F81 . . . F82[F83section 149(1) of the Customs and Excise Management Act 1979] (maximum periods of imprisonment in default of payment of fines, etc.).

(3)The preceding provisions of this section shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references in those provisions to the Crown Court shall be construed accordingly.

(4)A magistrates’ court shall not under [F84section 85(1) or 120 of the Magistrates’ Courts Act 1980], as applied by subsection (1) above, remit the whole or any part of a fine imposed or a sum due under a recognizance forfeited by the Crown Court without the consent of that court, [F84and section 85(1)] shall have effect accordingly.

(5)A fine imposed or a recognizance forfeited by the criminal division of the Court of Appeal on appeal from the Crown Court or by the House of Lords on appeal from that division shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited by the Crown Court.

(6)Any fine or other sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of the [F85Justices of the Peace Act 1979 and, in particular, section 61 thereof (application of fines and fees)] as having been imposed by a magistrates’ court, or as being due under a recognizance forfeited by such a court.

33 F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

34 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.E+W

Where the Crown Court makes any such order as is mentioned in Part I of Schedule 9 to the M5Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—

(a)allow time for the payment of the sum due under the order;

(b)direct payment of that sum by instalments of such amounts and on such dates respectively as the court may specify.

[F8734A Power of Crown Court to order search of persons before it.E+W

(1)Where—

(a)the Crown Court imposes a fine on a person or forfeits his recognizance;

(b)the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the M6Administration of Justice Act 1970 (orders for the payment of costs);

(c)the Crown Court makes against a person any such order as is mentioned in paragraph 12 of that Schedule (fines etc. payable by parents or guardians) . . . F88 or

[F89(cc)the Crown Court makes an order against a person under section 35 of this Act;]

(d)on the determination of an appeal brought by a person under section 83 of the M7Magistrates’ Courts Act 1952 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,

then, if that person is before it, the Crown Court may order him to be searched.

(2)Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.]

Compensation ordersE+W

35 Compensation orders against convicted persons.E+W

[F90(1)Subject to the provisions of this Part of this Act and to section 40 of the Magistrates’ Courts Act 1980 (which imposes a monetary limit on the powers of a magistrates’ court under this section), a court by or before which a person is convicted of an offence, instead of or in addition to dealing with him in any other way, may, on application or otherwise, make an order (in this Act referred to as “a compensation order") requiring him to pay compensation for any personal injury, loss or damage resulting from that offence or any other offence which is taken into consideration by the court in determining sentence [F91or to make payments for funeral expenses or bereavement in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a motor vehicle on a road; and a court shall give reasons, on passing sentence, if it does not make such an order in a case where this section empowers it to do so].

(1A)Compensation under subsection (1) above shall be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the accused or the prosecutor.]

(2)In the case of an offence under the M8Theft Act 1968, where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of subsection (1) above as having resulted from the offence, however and by whomsoever the damage was caused.

[F92(3)A compensation order may only be made in respect of injury, loss or damage (other than loss suffered by a person’s dependants in consequence of his death) which was due to an accident arising out of the presence of a motor vehicle on a road, if—

(a)it is in respect of damage which is treated by subsection (2) above as resulting from an offence under the M9 Theft Act 1968; or

(b)it is in respect of injury, loss or damage as respects which—

(i)the offender is uninsured in relation to the use of the vehicle; and

(ii)compensation is not payable under any arrangements to which the Secretary of State is a party;

(3A)A vehicle the use of which is exempted from insurance by section 144 of the M10Road Traffic Act 1972 is not uninsured for the purposes of subsection (3) above.

(3B)A compensation order in respect of funeral expenses may be made for the benefit of anyone who incurred the expenses.

(3C)A compensation order in respect of bereavement may only be made for the benefit of a person for whose benefit a claim for damages for bereavement could be made under section 1A of the M11Fatal Accidents Act 1976.

(3D)The amount of compensation in respect of bereavement shall not exceed the amount for the time being specified in section 1A(3) of the Fatal Accidents Act 1976.]

[F93(4)In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—

(a)to have regard to his means so far as they appear or are known to the court; and

(b)in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender’s means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)]

[F94(4A)Where the court considers—

(a)that it would be appropriate both to impose a fine and to make a compensation order; but

(b)that the offender has insufficient means to pay both an appropriate fine and appropriate compensation,

the court shall give preference to compensation (though it may impose a fine as well).]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

[F9636 Enforcement and appeals.E+W

(1)A person in whose favour a compensation order is made shall not be entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

(2)Rules under section 144 of the M121980 Magistrates’ Courts Act may make provision regarding the way in which the magistrates’ court for the time being having functions (by virtue of section 41(1) of the M13Administration of Justice Act 1970) in relation to the enforcement of a compensation order is to deal with money paid in satisfaction of the order where the entitlement of the person in whose favour it was made is suspended.

(3)The Court of Appeal may by order annul or vary any compensation order made by the court of trial, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as varied.

(4)Where the House of Lords restores a conviction, it may make any compensation order which the court of trial could have made.

(5)Where a compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—

(a)the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b)he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.]

F9737 Review of compensation orders.E+W

At any time before the person against whom a compensation order has been made has paid into court the whole of the compensation which the order requires him to pay, but at a time when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, the magistrates’ court for the time being having functions in relation to the enforcement of the order may, on the application of the person against whom it was made, discharge the order, or reduce the amount which remains to be paid, if it appears to the court—

(a)that the injury, loss or damage in respect of which the order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order; or

(b)in the case of an order in respect of the loss of any property, that the property has been recovered by the person in whose favour the order was made; or

(c)that the means of the person against whom the order was made are insufficient to satisfy in full both the order and a confiscation order under Part VI of the Criminal Justice Act 1988 made against him in the same proceedings; or

(d)that the person against whom the order was made has suffered a substantial reduction in his means which was unexpected at the time when the compensation order was made, and that his means seem unlikely to increase for a considerable period;

but where the order was made by the Crown Court, a magistrates’ court shall not exercise any power conferred by this section in a case where it is satisfied as mentioned in paragraph (c) or (d) above unless it has first obtained the consent of the Crown Court.

F9838 Effect of compensation order on subsequent award of damages in civil proceedings.E+W

(1)This section shall have effect where a compensation order [F99or a service compensation order or award] has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.

(2)The damages in the civil proceedings shall be assessed without regard to the order [F100or award]; but the plaintiff may only recover an amount equal to the aggregate of the following—

(a)any amount by which they exceed the compensation; and

(b)a sum equal to any portion of the compensation which he fails to recover,

and may not enforce the judgment, so far as it relates to a sum such as is mentioned in paragraph (b) above, without the leave of the court.

[F101(3)In this section a “service compensation order or award” means—

(a)an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)an award of stoppages payable by way of compensation under any of those Acts.]

Criminal bankruptcy ordersE+W

39 Criminal bankruptcy orders against convicted persons. E+W

(1)Where a person is convicted of an offence before the Crown Court and it appears to the court that—

(a)as a result of the offence, or of that offence taken together with any other relevant offence or offences, loss or damage (not attributable to personal injury) has been suffered by one or more persons whose identity is known to the court; and

(b)the amount, or aggregate amount, of the loss or damage exceeds £15,000;

the court may, in addition to dealing with the offender in any other way (but not if it makes a compensation order against him), make a criminal bankruptcy order against him in respect of the offence or, as the case may be, that offence and the other relevant offence or offences.

(2)In subsection (1) above “other relevant offence or offences” means an offence or offences of which the person in question is convicted in the same proceedings or which the court takes into consideration in determining his sentence.

(3)A criminal bankruptcy order shall specify—

(a)the amount of the loss or damage appearing to the court to have resulted from the offence or, if more than one, each of the offences;

(b)the person or persons appearing to the court to have suffered that loss or damage;

(c)the amount of that loss or damage which it appears to the court that that person, or each of those persons, has suffered; and

(d)[F102341(4) of the Insolvency Act 1986] the date which appears to the court to be the earliest date on which the offence or, if more than one, the earliest of the offences, was committed.

(4)A criminal bankruptcy order may be made against two or more offenders in respect of the same loss or damage.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

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

40 Appeals in the case of criminal bankruptcy orders.E+W

(1)No appeal shall lie against the making of a criminal bankruptcy order.

(2)Where a person successfully appeals to the Court of Appeal against his conviction of an offence by virtue of which such an order was made, the court shall rescind the order unless he was convicted in the same proceedings of another offence of which he remains convicted and a criminal bankruptcy order could have been made without reference to loss or damage caused by the first-mentioned offence; and where, accordingly, it does not rescind the order it shall amend it by striking out so much of it as relates to such loss or damage.

(3)Where on an appeal by a person against his conviction of an offence by virtue of which a criminal bankruptcy order was made the Court of Appeal substitutes a verdict of guilty of another offence, the court shall—

(a)rescind the order if a criminal bankruptcy order could not have been made against that person if he had originally been convicted of that other offence;

(b)in any other case, amend the order so far as may be required in consequence of the substitution of a verdict of guilty of the other offence.

(4)Where the Court of Appeal rescinds or amends a criminal bankruptcy order, the rescission or amendment shall not take effect—

(a)in any case until the expiration of the time for applying for leave to appeal to the House of Lords against the Court of Appeal’s decision on the appeal against conviction (disregarding any extension of time which may be granted under section 34 of the M14Criminal Appeal Act 1968);

(b)if an application for leave to appeal is made within that time, so long as an appeal to the House of Lords is pending; and

(c)if on such an appeal the conviction is restored by that House.

(5)For the purposes of this section an appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this subsection an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made if it is not made within that time.

41 F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Miscellaneous PowersE+W

42 Power of Crown Court on committal for sentence.E+W

Where an offender is committed by a magistrates’ court for sentence under [F105section 38 of the Magistrates’ Courts Act 1980] or section 62 of the M15Criminal Justice Act 1967, the Crown Court shall enquire into the circumstances of the case and shall have power to deal with the offender in any manner in which it could deal with him if he had just been convicted of the offence on indictment before the court.

[F106(2)Where an offender is committed by a magistrates’ court for sentence under section 37 of the Magistrates’ Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power—

(a)F107. . . , to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment; or

(b)to deal with him in any manner in which the magistrates’ court might have dealt with him.]

43 Power to deprive offender of property used, or intended for use, for purposes of crime. E+W

[F108(1)Subject to the following provisions of this section, where a person is convicted of an offence and—

(a)the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued—

(i)has been used for the purpose of committing, or facilitating the commission of, any offence; or

(ii)was intended by him to be used for that purpose; or

(b)the offence, or an offence which the court has taken into consideration in determining his sentence, consists of unlawful possession of property which—

(i)has been lawfully seized from him; or

(ii)was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,

the court may make an order under this section in respect of that property, and may do so whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in an enactment contained in an Act passed before the Criminal Justice Act 1988.

(1A)In considering whether to make such an order in respect of any property a court shall have regard—

(a)to the value of the property; and

(b)to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).]

[F109(1B)Where a person commits an offence to which this subsection applies by—

(a)driving, attempting to drive, or being in charge of a vehicle, or

(b)failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

(c)failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of subsection (1)(a) above (and subsection (4)(b) below) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).

(1C) Subsection (1B) above applies to—

(a)an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

(b)an offence of manslaughter, and

(c)an offence under section 35 of the Offences against the Person Act 1861 (wanton and furious driving).]

(2)Facilitating the commission of an offence shall be taken for the purposes of this section and section 44 of this Act to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this or that section 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.

(3)An order under this section shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.

(4)The M16Police (Property) Act 1897 shall apply, with the following modifications, to property which is in the possession of the police by virtue of this section—

(a)no application shall be made under section 1(1) of that Act by any claimant of the property after the expiration of six months from the date on which the order in respect of the property was made under this section; and

(b)no such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property [F110or, where an order is made under subsection (1)(a) above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that paragraph].

(5)In relation to property which is in the possession of the police by virtue of this section, the power to make regulations under section 2(1) of the M17Police (Property) Act 1897 (disposal of property in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto) shall include power to make regulations for disposal in cases where no application by a claimant of the property has been made within the period specified in subsection (4)(a) above or no such application has succeeded.

[F11143A Application of proceeds of forfeited property.E+W

(1)Where a court makes an order under section 43 above in a case where—

(a)the offender has been convicted of an offence which has resulted in a person suffering personal injury, loss or damage; or

(b)any such offence is taken into consideration by the court in determining sentence,

the court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.

(2)The court may only make an order under this section if it is satisfied that but for the inadequacy of the means of the offender it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(3)An order under this section has no effect—

(a)before the end of the period specified in section 43(4)(a) above; or

(b)if a successful application under section 1(1) of the M18Police (Property) Act 1897 has been made.]

44 Driving disqualification where vehicle used for purposes of crime.E+W

(1)This section applies where a person is convicted before the Crown Court of an offence punishable on indictment with imprisonment for a term of two years or more or, having been convicted by a magistrates’ court of such an offence, is committed under [F112section 38 of the Magistrates’ Courts Act 1980] to the Crown Court for sentence.

[F113(1A)This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).]

(2)If in a case to which this section applies [F114by virtue of subsection (1) above]the Crown Court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question (within the meaning of section 43 of this Act), the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under [F115Part III of the Road Traffic Act 1988].

[F116(2A)If in a case to which this section applies by virtue of subsection (1A) above the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence.]

(3)A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in subsection (2) above shall require him to produce any such licence held by him [F117together with its counterpart]; F118. . .

F118(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementalE+W

F11945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

46 Reports of probation officers.E+W

(1)Subject to subsection (2) below, where a report by a probation officer is made to any court (other than a [F120youth court]) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, a copy of the report shall be given by the court to the offender or his counsel or solicitor.

(2)If the offender is under seventeen years of age and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

Part IIU.K. Administrative and Supplemental Provisions

Rehabilitation of offenders and arrangements for persons on bailE+W

47 The probation and after-care service and its functions.E+W

The provisions of Schedule 3 to this Act shall have effect with respect to the probation and after-care service and its functions and matters connected therewith and, in particular (but without prejudice to the generality of the preceding provision), with respect to—

(a)the constitution of probation and after-care areas and of probation and after-care committees and [F121probation liasion] committees;

(b)the appointment, functions, remuneration and conditions of service of probation officers;

(c)the making of arrangements for persons to perform work under community service orders; and

(d)the provision and carrying on of . . . F122 establishments for use in connection with the rehabilitation of offenders.

F12348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

49 Power of Secretary of State to approve bail hostels and probation hostels and homes. E+W

(1)The Secretary of State may approve bail hostels, [F124and probation hostels], and probation hostels . . . F125 so approved shall be known . . . F125 as approved probation hostels . . . F125.

(2)The Secretary of State may make rules for the regulation, management and inspection of approved bail hostels, [F124and approved probation hostels]; . . . F126.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

50 F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Expenses and grantsE+W

51 Expenses and grants payable out of moneys provided by Parliament.E+W

(1)Any expenses of the Secretary of State under this Part of this Act, and any expenses incurred by the Secretary of State—

(a)in the training of probation officers or of officers or servants serving in [F129approved bail hostels or] approved probation hostels . . . F130, or of persons for appointment as probation officers, or as officers or servants in such hostels . . . F130; or

(b)in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith;

shall, to such amount as may be sanctioned by the Treasury, be defrayed out of moneys provided by Parliament.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

(3)There shall be paid out of moneys provided by Parliament—

(a)towards the expenditure of local authorities, and the expenditure out of the metropolitan police fund, under Schedule 3 to this Act;

(b)towards the expenditure of probation and after-care committees in providing and carrying on, under paragraph 11 of that Schedule, bail hostels, [F132and probation hostels];

(c)towards the expenditure of any society or person in enlarging, improving or carrying on bail hostels or approved probation hostels . . . F130 or establishing, enlarging or improving premises which, when established, enlarged or improved, will be bail hostels or approved probation hostels . . . F130;

[F133(cc)towards the expenditure of any society or individual engaged in supervising or assisting persons on bail;]

(d)towards the expenditure of any body approved by the Secretary of State in the training of probation officers or of persons for appointment as probation officers;

(e)towards the expenditure of any body approved by the Secretary of State in the training of officers or servants serving in [F129approved bail hostels or] any place in which offenders or persons awaiting trial may be detained or serving in approved probation hostels . . . F130 or the training of persons for appointment as such officers or servants;

(f)towards the expenditure of any society or individual engaged in supervising or assisting persons convicted of offences with a view to their rehabilitation;

(g)towards the expenditure of any body or person approved by the Secretary of State in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith;

such sums as the Secretary of State may with the approval of the Treasury direct, and subject to such conditions as he may with the like approval determine.

[F134(3A)The amount of any payments under subsection (3) above towards any person’s expenditure, or towards any expenditure out of the metropolitan police fund, in any year shall not exceed the appropriate percentage of whichever of the following is the less, namely—

(a)that expenditure; and

(b)the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State;

and in this subsection “the appropriate percentage”, in relation to expenditure of any description, means the percentage which in relation to expenditure of that description is for the time being determined by the Secretary of State.]

(4)Subject to subsection (5) below, the Secretary of State may, with the consent of the Treasury, make regulations providing for the deduction from any sums which would otherwise be paid out of moneys provided by Parliament to local authorities, whether under subsection (3) above or under the M19Children and Young Persons Act 1933, of such amounts as may be prescribed by the regulations in respect of expenditure incurred by the Secretary of State—

(a)in the training of any such officers, servants or other persons as are mentioned in subsection (1) above;

(b)in making any payments under paragraph (c) or (d) of subsection (3) above;

(c)in making payments under paragraph (e) of subsection (3) above in respect of expenditure incurred in the training of officers or servants serving in [F129approved bail hostels or] approved probation hostels . . . F130 or the training of persons for appointment as such officers or servants.

(5)The sums to be deducted in respect of any expenditure of the Secretary of State in pursuance of any regulations made under subsection (4) above shall not exceed half that expenditure.

(6)The conditions subject to which any sums are paid to a probation and after-care committee under paragraph (b) of subsection (3) above may include conditions for securing the repayment in whole or in part of the sums received by the committee if the hostel . . . F135 in question ceases to be used as such.

(7)The conditions subject to which any sums are paid to any society or person under paragraph (c) of subsection (3) above may include conditions for securing the repayment in whole or in part of the sums received by the society or person—

(a)where the sums are paid in respect of a bail hostel, if it ceases to be used as such;

(b)where the sums are paid in respect of an approved probation hostel . . . F135, if it ceases to be approved;

and, notwithstanding anything in the constitution of the hostel . . . F135 in question or of the managers thereof, or in the trusts, if any, to which the property of the hostel . . . F135 or of the managers is subject, the managers and any persons who are trustees of any of the property in question may accept those sums on those conditions, and execute any instrument required for carrying into effect those conditions, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument.

(8)All sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Miscellaneous and supplementalU.K.

52 Evidence with respect to offences punishable in Scotland.E+W

For the purposes of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable in Scotland with imprisonment or is punishable in Scotland on indictment with imprisonment for a term specified in the certificate shall be evidence of the matter so certified.

53 Execution of process between England and Wales and Scotland.E+W

Section 4 of the M20Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland and vice versa) shall apply to any process issued under Part I of this Act . . . F136 as it applies to process issued under the M21Magistrates’ Courts Act 1952 by a magistrates’ court.

54 Rules and orders.E+W

(1)Any power of the Secretary of State to make rules or orders under this Act shall be exercised by statutory instrument.

(2)Subject to subsection (3) below, any rules or orders made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Subsection (2) above does not apply to rules under section 49 of this Act nor to orders under section [F1372 or 7 or] 14 of or paragraph 1 of Schedule 3 to this Act, but no order shall be made by the Secretary of State under section [F1372 or 7 or] 14 unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(4)Any order made by the Secretary of State under section [F1372 or 7 or] 14 or 39 of this Act may be revoked by a subsequent order of the Secretary of State under that section, an order under section 26(2)(a) may be revoked by a subsequent order under that paragraph or under section 26(2)(b), and an order under paragraph 1 of Schedule 3 to this Act may be varied or revoked by a subsequent order.

55 Transitional provisions.E+W

Schedule 4 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of this Act.

56 Consequential amendments and repeals. U.K.

(1)The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act, but the amendment of any enactment by that Schedule shall not be taken as prejudicing the operation of section 38 of the M22Interpretation Act 1889 (which relates to the effect of repeals).

(2)The enactments specified in Schedule 6 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

57 Interpretation.E+W

(1)In this Act, except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;

• “approved bail hostel” means a bail hostel approved by the Secretary of State under section 49(1) of this Act;

• “approved probation hostel” [F138means a probation hostel approved] by the Secretary of State under section 49(1) of this Act;

• “bail hostel” means premises for the accommodation of persons remanded on bail;

• “community service order” has the meaning assigned to it by section 14(1) of this Act;

• “compensation order” has the meaning assigned to it by section 35(1) of this Act;

• “court” does not include a court-martial;

• “criminal bankruptcy order” means an order under section 39(1) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

• “extended sentence certificate” has the meaning assigned to it by section 28 of this Act;

• “local authority” means, in relation to any probation and after-care area, any authority out of whose funds the salary of the clerk to the justices for a petty sessions area contained in the probation and after-care area is paid;

• “order for conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “period of conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “probationer” means a person for the time being under supervision by virtue of a probation order;

• “probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order, . . . F141;

• “probation order” has the meaning assigned to it by section 2 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “the register” means the register of proceedings before a magistrates’ court required by rules made under [F142section 144 of the Magistrates’ Courts Act 1980] to be kept by the clerk of the court;

• “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;

• F143 . . .

• “supervision order” has the meaning assigned to it by section 26(1) of this Act;

• “suspended sentence” means a sentence to which an order under section 22(1) of this Act relates.

(2)For the purposes of any reference in this Act, however expressed, to the term of imprisonment or other detention 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, unless the context otherwise requires, be treated as a single term.

(3)Without prejudice to sections 20(1) and 21(1) of this Act, any reference in this Act however expressed to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(4)Without prejudice to the meaning of references in sections 14, 43 and 44 of this Act to an offence punishable with imprisonment, any such reference elsewhere in this Act shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of offenders of his age.

(5)For the purposes of this Act a compensation order, supervision order or community service order made on appeal from a decision of a magistrates’ court or the Crown Court shall be treated as if it had been made by a magistrates’ court or the Crown Court, as the case may be.

(6)Any reference to this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

58 Application to Scotland.E+W+S

The following provisions of this Act shall extend to Scotland, that is to say—

(a)[F144sections 1C, 25(3) and 29(7)], . . . F145, . . . F146 and this section; and

(b)section 56 and Schedules 5 and 6 so far as they amend or repeal any enactment or any part of an enactment which extends to Scotland;

but, except as provided by this section, this Act shall not extend to Scotland.

59 Northern Ireland.E+W+N.I.

(1)[F147Section 29(7)] of this Act and this section shall extend to Northern Ireland but except as provided by this subsection this Act shall not extend to Northern Ireland.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(3)The references in section 29(6) and (7) of this Act to section 26 of the M23Criminal Justice Act 1961 shall be construed, in relation to Northern Ireland, as references to that section as amended by any Act of the Parliament of Northern Ireland, or Measure of the Northern Ireland Assembly, whether passed before or after this Act.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

60 Short title and commencement.E+W

(1)This Act may be cited as the Powers of Criminal Courts Act 1973.

(2)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions; and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision.

SCHEDULES

F149SCHEDULE 1E+W

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

[F158Schedule 1AE+W Additional Requirements in Probation Orders]

Requirements as to residenceE+W

F1591(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.E+W

F1602(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 centreE+W

F1613(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 offendersE+W

F1624(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.E+W

F1635(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 dependencyE+W

[F1646(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.]

F167F167SCHEDULE 2E+W

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

Section 47.

SCHEDULE 3E+W The Probation and After-Care Service and its Functions

Part IE+W The Probation and After-Care Service

Probation and after-care areasE+W

1(1)Subject to the following provisions of this paragraph, if the Secretary of State is of opinion, either upon consideration of proposals submitted to him by a magistrates’ courts committee for a county or without any such proposals, that it is expedient that any two or more petty sessions areas should form one probation and after-care area, he may make an order to that effect; and the order may contain such incidental and consequential provisions as appear to the Secretary of State to be expedient for the purposes of the order.

(2)Before making an order under sub-paragraph (1) above the Secretary of State shall give to the justices acting for any petty sessions area affected by the order an opportunity of making to him any representations which they may desire to make with respect to the order, and shall consider any representations made by them.

[F168(3)The Secretary of State—

(a)shall make provision by an order under sub-paragraph (1) above for combining in one probation area (in this Schedule referred to as “the inner London probation area”) all of the petty sessions divisions of the inner London area; and

(b)may make provision by such an order for including in that probation area one or more other petty sessions areas.]

(5)Every petty sessions area which is not included in a probation and after-care area by virtue of an order made under sub-paragraph (1) above shall itself constitute a probation and after-care area.

Probation and after-care committeesE+W

2(1)For every probation and after-care area there shall be a probation and after-care committee, which shall be a body corporate.

(2)Subject to the following provisions of this paragraph and to the provisions of paragraphs 6 and 7 below, a probation and after-care committee for any area shall consist—

(a)if that area comprises more than one petty sessions area, of such number of justices as may be specified by the order under paragraph 1(1) above, appointed in the manner so specified by the justices acting for the F169. . .petty sessions areas comprised in that area;

(b)if that area is one petty sessions area, of a prescribed number of justices appointed in the prescribed manner by the justices acting for that petty sessions area.

(3)Sub-paragraph (2) above shall not apply to the probation and after-care committee for the [F170inner London probation area], but that committee shall, subject to the provisions of sub-paragraph (4) below and of paragraphs 6 and 7 below, consist—

(a)of such number of metropolitan stipendiary magistrates, nominated by the chief metropolitan stipendiary magistrate, as may be specified by the order under paragraph 1(1) above;

[F171(b)of such number as may be so specified of justices of the peace for the petty sessions areas of the inner London probation area who are not metropolitan stipendiary magistrates, chosen in such manner as may be so specified by the justices for those areas who are not such magistrates;]

(c)of such number as may be so specified of the members of the [F172youth court panels] for the [F170inner London probation area] and the City of London, chosen in such manner as may be so specified.

(4)The Lord Chancellor may, if he thinks fit, appoint—

(a)one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders); . . . F173

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173

to be members of the probation and after-care committee for any area, and any person so appointed shall hold office in accordance with the terms of his appointment.

(5)Any contract made or other thing done by or on behalf of a probation and after-care committee before it became, by virtue of section 37 of the Justices of the Peace Act 1949, a body corporate, shall have effect as if made or done by or on behalf of the body corporate constituted by sub-paragraph (1) above.

3(1)It shall be the duty of every probation and after-care committee—

[F174(a)to appoint such number of probation officers—

(i)as may be determined by them without objection by the responsible authority; or

(ii)where objection is made, as may be agreed between them and that authority,

to be a sufficient number of such officers for their probation area, subject, in the case of such classes or descriptions of officers as may be prescribed, to the approval of the appointment by the Secretary of State;]

(b)to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be [F175determined by the Secretary of State under paragraph 18A below];

(c)to provide for the efficient carrying out of the work of probation officers;

(d)to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as resident patients; and

(e)to perform such other duties in connection with the work of probation officers as may be prescribed.

[F176 and any question as to number arising under paragraph (a) above shall, in default of agreement, be determined by the Secretary of State]

(2)A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons [F177in relation to whom probation officers appointed for their area have responsibilities].

[F178(2A)A probation committee may provide facilities for enabling—

(a)directions given by a supervisor by virtue of subsection (2) of section 12 of the Children and Young Persons Act 1969; F179 . . .

(b)requirements included in a supervision order by virtue of [F180section 12A(3) of that Act,] to be carried out effectively [F181and

(c)directions given under paragraphs 2 or 3 of Schedule 3 to the Children Act 1989]]

(3)A probation and after-care committee may, . . . F182, delegate all or any of their functions to a sub-committee consisting of members of the committee and such other persons (if any) as may be co-opted to be members of the sub-committee; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the committee.

(4)Notwithstanding that, by virtue of paragraph 2(1) above, a probation and after-care committee is a body corporate, any provision applying to employees of justices shall, unless the contrary intention appears, apply to employees of a probation and after-care committee.

[F183(5)In this paragraph “the responsible authority”—

(a)in relation to a probation area other than the inner London probation area, means the local authority in whose area that probation area is situated; and

(b)in relation to the inner London probation area, means—

(i)the Receiver for the metropolitan police district; and

(ii)where that area includes one or more petty sessions areas outside the inner London area, the local authority or authorities in whose area or areas that petty sessions area or those petty sessions areas is or are situated;

and “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.]

[F184 Probation liaison committees]E+W

F1854(1)[F186Subject to sub-paragraph (1A) below, for] every petty sessions area outside the [F187inner London probation area] there shall be one or more committees, to be called “probation liaison committees", and every such committee shall, subject to paragraphs 6 and 7 below, consist—

(a)if the petty sessions area is a separate probation area, of the probation committee;

(b)in any other case, of not less than three justices appointed by the justices acting for that petty sessions area.

[F188(1A)Where two or more petty sessions areas outside the [F187inner London probation area]form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.]

(2)It shall be the duty of probation liaison committees for areas outside [F187the inner London probation area] to review the work of probation officers, and to perform such other duties in connection with the work of probation officers as may be prescribed.

(3)A probation committee for any area outside the [F187 inner London probation area]shall pay any expenses incurred in accordance with rules made by the Secretary of State under this Schedule by a probation liaison committee for a petty sessions area in their probation area, and any allowances under paragraph 13 below to members of any such committee.

[F189(4)A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.]

F1905(1)The probation committee for the [F191inner London probation area] may appoint such probation liaison committees, constituted in such manner and for such areas within that area, as the probation committee may determine, and shall pay the expenses of any probation liaison committee appointed under this sub-paragraph.

(2)Any probation liaison committee appointed for an area within the [F191inner London probation area] shall exercise functions conferred on probation liaison committees for areas outside the [F191 inner London probation area] by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the [F191inner London probation area].

Co-option of members of probation and after-care committees and [F192probation liaison comittee]E+W

6(1)Subject to the provisions of this paragraph, any probation and after-care committee, and any [F193probation liaison committee] which is not a probation and after-care committee, may co-opt such number of persons as they think fit.

(2)The number of members co-opted under sub-paragraph (1) above shall not exceed one-third of the number of members of the committee, and no person shall be so co-opted if he is a justice of the peace for any county in which the probation and after-care area or any part of it is situated, or which is wholly or partly comprised in that area.

(3)The reference in sub-paragraph (2) above to a county includes a reference to any London commission area within the meaning of the M24Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any [F193probation liaison committee] for an area within the [F194 inner London probation area].

F1956AAny probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.

F1966B(1)The Secretary of State may by order provide that the probation committee for any probation areas shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.

(2)An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.

(3)Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—

(a)may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorites are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;

(b)may provide for the procedure for co-opting persons to be followed by a committee;

(c)may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and

(d)may disqualify persons of specified descriptions from being co-opted.

(4)An order under this paragraph may make different provision for different committees.

F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

7

Probation OfficersE+W

8(1)It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them, to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person [F198and to make reports on such matters] with a view to assisting the court in determining the most suitable method of dealing with his case, to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody and to perform such other duties as may be prescribed or may be imposed by any enactment or instrument.

(2)In sub-paragraph (1) above “enactment” includes an enactment contained in a local Act and “instrument” means an instrument having effect by virtue of an Act.

9The probation officer who is to be responsible for the supervision of any probationer shall be selected under arrangements made by the probation and after-care committee for the probation and after-care area which includes the petty sessions area for the time being named in the order from among the probation officers appointed for or assigned to that petty sessions area; and, if the probation officer so selected dies or is unable for any reason to carry out his duties, . . . F199, another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that petty sessions area.

Part IIE+W Functions in relation to the Rehabilitation of Offenders

Functions of probation and after-care committees in relation to community service ordersE+W

10(1)A probation and after-care committee [F200shall] secure that arrangements for persons to perform work under community service orders are made for their area or, if it comprises more than one petty sessions area, for [F200each] of the petty sessions areas it comprises.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201

(3)For the purposes of any arrangements made in pursuance of this paragraph for the whole or any part of the area of a probation and after-care committee, that committee shall have power—

[F202(a)to appoint staff;]

(b)to provide accommodation, equipment, materials and transport;

(c)to make payments to any society or body in respect of services rendered by them;

(d)to defray travelling and other expenses in connection with the performance of work by persons in respect of whom community service orders are in force.

Provision of establishments for use in connection with the rehabilitation of offenders, etc.E+W

11A probation and after-care committee may, with the approval of the Secretary of State, provide and carry on . . . F203, bail hostels, probation hostels, . . . F204 and other establishments for use in connection with the rehabilitation of offenders.

12(1)A probation and after-care committee shall make such payments and to such persons as may be prescribed in respect of persons accommodated in probation hostels, . . . F205 and bail hostels.

(2)A probation and after-care committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons remanded on bail.

[F206 Payment of grants in prescribed cases]E+W

F20712AA probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.

Part IIIE+W General Provisions

Travelling and subsistence allowancesE+W

13(1)Subject to the provisions of this paragraph, a member of a probation and after-care committee or [F208probation liaision committee] shall be entitled—

(a)to receive payments at [F209rates determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a member of the committee; and

(b)to receive payments at [F209a rate determined by the Secretary of State with the consent of the Minister for the Civil Service] by way of financial loss allowance where for that purpose he incurs any other expenditure to which he would not otherwise be subject or suffers any loss of earnings or of benefit under the National Insurance Acts 1965 to 1967 which he would otherwise have made or received.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

(3)Sub-paragraph (1) above shall not apply in relation to a member of a [F211probation liaision committee] for an area within the [F212inner London probation area].

Adjustment of expenses of probation and after-care committees inter seE+W

14(1)Where a probation officer is appointed for more than one probation and after-care area, his salary and any expenses incurred by him or by a probation and after-care committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under any regulations under section 7 of the M25Superannuation Act 1972 shall be apportioned between the probation and after-care committees for the several probation and after-care areas for which he is appointed, in such manner as may be agreed between the committees concerned after consultation with the local authorities which, by virtue of paragraph 15 below, are required to defray the expenses of those committees, or as in default of agreement may be determined by the Secretary of State.

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

Expenses of probation and after-care committees to be borne by local authoritiesE+W

15(1)Subject to sub-paragraph (2) below and to paragraph 16 below the sums required to meet—

(a)any expenses incurred by a probation and after-care committee under the provisions of this Schedule (including allowances under paragraph 13);

(b)any expenses incurred by a probation and after-care committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the M26Superannuation Act 1972 to or in respect of probation officers and clerks appointed by probation and after-care committees or probation officers to assist probation officers in the performance of their duties; and

(c)any other expenses incurred by a probation and after-care committee in accordance with rules made under this Schedule;

shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation and after-care area is situated.

(2)Sub-paragraph (1) above shall not apply to any expenses incurred by a probation and after-care committee in providing and carrying on probation hostels, probation homes and bail hostels.

(3)Where a probation and after-care area is situated in the area of two or more local authorities, the sums to be defrayed under sub-paragraph (1) above shall be apportioned between the several authorities in such manner as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214

Special provision for expenses of the probation and after-care committee for the inner London areaE+W

[F21516Paragraph 15 above shall not apply in relation to expenses incurred by the probation committee for the inner London probation area, but such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation area outside, would be payable by virtue of that paragraph by the local authority.

(a)shall be paid out of the metropolitan police fund; or

(b)where the inner London probation area includes one or more petty sessions areas outside the inner London area, shall be partly paid out of that fund and partly defrayed by the local authority or authorities concerned.

(2)Where paragraph (b) of sub-paragraph (1) above applies, the proportions to be paid or defrayed under that paragraph shall be such as may be agreed between the Receiver for the metropolitan police district and the local authority or authorities concerned or, in default of agreement, as may be determined by the Secretary of State.

(3)In this paragraph “the local authority or authorities concerned” means the local authority or authorities in whose area or areas the petty sessions area or areas outside the inner London area is or are situated.]

[F216Limits on sums payable under paragraphs 15 and 16]E+W

F21716A(1)Nothing in paragraph 15 or 16 above shall require a local authority to defray any sums which would cause its expenditure in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State under section 51(3A)(b) of this Act.

(2)Nothing in paragraph 16 above shall require there to be paid out of the metropolitan police fund any sums which would cause the expenditure out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is for the time being so determined.

(3)In this paragraph “expenditure” means expenditure under this Schedule.

Provision of accommodation by local authorities for the probation and after-care serviceE+W

17(1)In any case in which a local authority would be liable under paragraph 15(1) or (3) [F218or 16(1) or (2)] above to defray all or part of the expenses incurred by a probation and after-care committee in providing any accommodation, the local authority may, subject to the provisions of this paragraph, itself provide the accommodation in question for the use of the committee.

(2)A local authority shall not by virtue of this paragraph provide any accommodation for the use of a probation and after-care committee except with the agreement—

(a)of the committee; and

(b)if the expenses of the committee in providing the accommodation would have fallen to be defrayed partly by that authority and partly by one or more other local authorities, of the other local authority or authorities.

(3)Where in accordance with sub-paragraph (2)(b) above a local authority provides accommodation with the agreement of one or more other local authorities, that authority shall be entitled to receive from the other authority or authorities such contribution to its expenditure in providing the accommodation as may be agreed between them or as in default of agreement may be determined by the Secretary of State.

[F219(4)The foregoing provisions of this paragraph shall apply as if the Receiver for the metropolitan police district were a local authority and any sums required to be paid out of the metropolitan police fund were required to be defrayed by him; and any contribution received by him under sub-paragraph (3) above shall be paid into that fund.]