SCHEDULES

Section 5.

SCHEDULE 1E+W Discharge and Amendment of Probation Orders

DischargeE+W

1(1)A probation order may be discharged, in accordance with the following provisions of this paragraph, on an application made by the probation officer or by the probationer.

[F1(1A)No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2)Where the probation order was made by the court by or before which the probationer was convicted, or on appeal [F2or by the Crown Court, where a magistrates’ has committed an offender to it for sentence, or by a magistrates’ court to which the offender has been remitted for sentence under section 39 of the Magistrates’ Courts Act 1980,] the power to discharge the order shall, subject to sub-paragraph (3) below, be exercised by the supervising court.

(3)Where the court before which the probationer was convicted or the court from which the appeal is brought is the Crown Court [F3or where the Crown Court made the order following the offenders’ committal to it for sentence by a magistrates’ court] and there is included in the order a direction that the power be reserved to that court, the power to discharge the order shall be exercised by the Crown Court.

(4)In any other case the power to discharge the order shall be exercised by the court by which the order was made.

AmendmentE+W

2(1)Subject to sub-paragraph (2) below, if the supervising court is satisfied that a probationer proposes to change, or has changed his residence from the petty sessions area named in the probation order to another petty sessions area, the court may, and on the application of the probation officer shall, by order amend the probation order by substituting for the petty sessions area named in the order the petty sessions area where the probationer proposes to reside or is residing.

[F4(1A)No order may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2)If the probation order contains requirements which, in the opinion of the court, cannot be complied with unless the probationer continues to reside in the area named in the order, the court shall not amend the order under this paragraph unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes for those requirements other requirements which can be complied with if the probationer ceases to reside in that area.

(3)Where a probation order is amended under this paragraph, the old supervising court shall send to the clerk to the justices for the new area named 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 the new supervising court.

3(1)Without prejudice to the provisions of paragraph 2 above, but subject to sub-paragraph (2) below, the supervising court may, on an application made by the probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements of the order or by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include under section 2, 3 [F5, 4A or 4B] of this Act if it were then making the order.

[F6(1A)No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2)The power of the supervising court under this paragraph to amend a probation order shall be subject to the following restrictions—

(a)the court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7;

(c)the court shall not amend a probation order by inserting therein a requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

4[F8Subject to paragraph 4A below, where] the medical practitioner by whom or under whose direction a probationer is being treated for his mental condition in pursuance of any requirement of the probation order is of opinion—

(a)that the treatment of the probationer should be continued beyond the period specified in that behalf in the order, or

(b)that the probationer needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order, or

(c)that the probationer is not susceptible to treatment, or

(d)that the probationer does not require further treatment,

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the probation officer and the probation officer shall apply to the supervising court for the variation or cancellation of the requirement.

[F94ANo application may be made under paragraph 4 above while an appeal against the probation order is pending.]

GeneralE+W

5(1)Subject to sub-paragraph (2) below, where the supervising court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall summon him to appear before the court; and the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.

(2)This paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new petty sessions area for the area named in the probation order.

6(1)On the making of an order discharging or amending a probation order, the clerk to the court shall forthwith—

(a)if the order discharges the probation order or amends it otherwise than by substituting a new petty sessions area for the area named in the probation order, give copies of the discharging or amending order to the probation officer;

(b)if the order amends the probation order in the manner excepted by head (a) above, send copies of the amending order to the clerk to the justices for the new petty sessions area;

and in a case falling within head (b) above the clerk to the justices for the new petty sessions area shall give copies of the amending order to the probation officer.

(2)A probation officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

7

F20F20SCHEDULE 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.

(3)The Secretary of State shall make provision by order under sub-paragraph (1) above for combining in one probation and after-care area all of the petty sessional divisions of the inner London area.

(4)The City of London shall not be included in a probation and after-care area constituted by an order made under sub-paragraph (1) above.

(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 several 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 inner London 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;

(b)of such number as may be so specified of lay justices for the petty sessional divisions of the area, chosen, in such manner as may be so specified, by the lay justices for those divisions;

(c)of such number as may be so specified of the members of the juvenile courts panel for the inner London 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); . . . F21

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

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—

(a)to appoint sufficient probation officers for their probation and after-care area, subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State, . . . F22;

(b)to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be [F23determined 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.

(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 [F24in relation to whom probation officers appointed for their area have responsibilities].

[F25(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; [F26and]

(b)requirements included in a supervision order by virtue of [F27section 12A(3) of that Act,] to be carried out effectively [F28and

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

(3)A probation and after-care committee may, . . . F29, 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.

[F30(5)In this paragraph “supervision order” and “supervisor” have the meanings assigned to them by section 11 of the Children and Young Persons Act 1969.]

[F31 Probation liaison committees]E+W

F324(1)[F33Subject to sub-paragraph (1A) below, for] every petty sessions area outside the inner London 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.

[F34(1A)Where two or more petty sessions areas outside the inner London 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 the inner London 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 inner London 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.

[F35(4)A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.]

F365(1)The probation committee for the inner London 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 inner London area shall exercise functions conferred on probation liaison committees for areas outside the inner London area by paragraph 4(2) above to such extent and in such cases as may be determined by the probation committee for the inner London area.

Co-option of members of probation and after-care committees and [F37probation liaison comittee]E+W

6(1)Subject to the provisions of this paragraph, any probation and after-care committee, and any [F38probation 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 M1Administration of Justice Act 1964 and to the City of London; but nothing in this paragraph applies to any [F38probation liaison committee] for an area within the inner London area.

F396AAny 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.

F406B(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.

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 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, . . . F42, 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 [F43shall] 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 [F43each] of the petty sessions areas it comprises.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(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—

[F45(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 . . . F46, bail hostels, probation hostels, . . . F47 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, . . . F48 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.

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 [F49probation liaision committee] shall be entitled—

(a)to receive payments at [F50rates 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 [F50a 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(3)Sub-paragraph (1) above shall not apply in relation to a member of a [F52probation liaision committee] for an area within the inner London 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 M2Superannuation 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

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 M3Superannuation 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

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

16Paragraph 15 above shall not apply in relation to expenses incurred by the probation and after-care committee for the inner London area, but there shall be paid out of the metropolitan police fund such sums as the Secretary of State may direct to meet the expenses and contributions which, in the case of a probation and after-care area outside Greater London, would be payable by virtue of that paragraph by the local authority.

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) 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.

RulesE+W

18(1)The Secretary of State may make rules—

(a)regulating the constitution, procedure, powers and duties of probation and after-care committees, . . . F57 and [F58probation liaison committee]s, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed;

[F59(aa)limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;]

(b)regulating the qualifications, manner of appointment, . . . F60 and duties of probation officers . . . F61;

(c)prescribing anything else which under the preceding provisions of this Schedule may be prescribed;

and in those provisions the expression “prescribed” means prescribed by rules of the Secretary of State.

(2)Without prejudice to sub-paragraph (1) above, the Secretary of State may by rules made under this Schedule make provision as to the manner in which paragraph 13 above is to be administered, and in particular may make provision—

(a)for prescribing . . . F62 the forms to be used and the particulars to be provided for the purpose of claiming payment of the allowances under that paragraph; and

(b)for avoiding duplication between payments under that paragraph and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuses.

(3)Nothing in any rules made under this paragraph with respect to the constitution, procedure and functions of case committees shall apply to a case committee for an area within the inner London area, except in so far as may be determined under paragraph 5(2) above by the probation and after-care committee for that area.

Conditions of service of probation officersE+W

[F6318AThe conditions of service of probation officers . . . F64 shall be such as the Secretary of State may from time to time determine.]

InterpretationE+W

19(1)In this Schedule, “the inner London area” has the same meaning as in the M4Administration of Justice Act 1964.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Section 55.

SCHEDULE 4E+W Transitional Provisions

GeneralE+W

1Without prejudice to the provisions of section 38 of the M5Interpretation Act 1889 (effect of repeals)—

(a)nothing in any repeal made by this Act shall affect any order or rule made, certificate issued, requirement or condition imposed or thing done under any enactment repealed by this Act, and every such order, rule, certificate, requirement, condition or thing shall, if in force at the commencement of this Act, continue in force (subject to the provisions of this Act) and be deemed to have been made, issued, imposed or done under the corresponding provisions of this Act; and

(b)any reference in any document (including an enactment) to any enactment repealed by this Act, whether a specific reference or a reference to provisions of a description which includes, or apart from any repeal made by this Act includes, the enactment so repealed, shall be construed as a reference to the corresponding enactment in this Act.

Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969E+W

2(1)The modifications of sections 51 and 57 of this Act contained in sub-paragraphs (2) and (3) below shall have effect for the purpose of preserving certain words omitted from sections 77 and 80 of the M6Criminal Justice Act 1948 by repeals made by the M7Children and Young Persons Act 1969, in so far as the relevant repeals are not yet in force at the commencement of this Act; and an order may be made by the Secretary of State under section 73(2) and (3) of the M8Children and Young Persons Act 1969 with respect to any such modification as if providing that any such modification shall cease to have effect constituted bringing the repeal of the words preserved by the modification into force, and as if that repeal and any of the following provisions of this paragraph were a provision of that Act.

(2)In section 51 of this Act—

(a)in subsection (1)(a), after the word “homes” where it first occurs there shall be inserted the words “or in remand homes or approved schools" and for the words “officers or servants in such hostels or homes" there shall be substituted the words “such officers or servants as aforesaid"; and

(b)in subsection (4)(c), after the word “serving" there shall be inserted the words “in remand homes or" and after the word “homes" there shall be inserted the words “or in approved schools".

(3)In section 57 of this Act the following definitions shall be inserted at the appropriate points in alphabetical order:—

• “approved school’ means a school approved under section 79 of the Children and Young Persons Act 1933;

• "remand home’ means premises established or used by the council of a county or county borough under the provisions of section 77 of the Children and Young Persons Act 1933”

Section 56(1).

SCHEDULE 5E+W+S Consequential Amendments

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

1

The M9Criminal Justice Act 1948E+W+S

2In section 19 of the Criminal Justice Act 1948 (orders requiring attendance at an attendance centre), in subsection (1), for the words “section six of this Act" there shall be substituted the words “ section six of the Powers of Criminal Courts Act 1973" ”.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

3

The Magistrates’ Courts Act 1952E+W+S

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

4, 5.

6In section 72B of that Act (transfer of fine orders from Scotland), in subsection (3), for the words “section 44(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Act 1973" ”.

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

7

The M10Summary Juristiction (Scotland) Act 1954E+W+S

[F708In section 44 of the Summary Jurisdiction (Scotland) Act 1954 (transfer of fine orders within and from Scotland), in subsection (5), for the words “section 47 of the Criminal Justice Act 1967" there shall be substituted the words “ section 31 of the Powers of Criminal Courts Act 1973" ”.]

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

9

The Metropolitan Magistrates’ Courts Act 1959E+W+S

10In section 3 of the M11Metropolitan Magistrates’ Courts Act 1959 (power of Receiver for the Metropolitan Police District to provide premises for probation purposes), in subsection (2), for the words “section seventy-seven of the Criminal Justice Act 1948" there shall be substituted the words “section 51 of the Powers of Criminal Courts Act 1973", and for the words “Fifth Schedule" in both places where they occur there shall be substituted the words “Third Schedule".

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

11

The M12Criminal Justice Act 1961E+W+S

12In section 5(5) of the Criminal Justice Act 1961 (construction of references to terms of imprisonment), for the words “sections fourteen and fifteen of the Criminal Justice Act 1948" there shall be substituted the words “ sections 31 and 32 of the Powers of Criminal Courts Act 1973" ”.

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

13

The M13Administration of Justice Act 1964E+W+S

14In section 37 of the Administration of Justice Act 1964 (financial provisions), in subsection (4), for the words “section 77(3)(a) of the Criminal Justice Act 1948" there shall be substituted the words “section 51(3)(a) of the Powers of Criminal Courts Act 1973", and the following shall be substituted for paragraph (b)—

“(b)in relation to payments under section 51(3)(a) of the said Act of 1973, expenses under Schedule 3 to that Act;”.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

15

The M14 Criminal Justice Act 1967E+W+S

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

16

17In section 32 of that Act (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for the words “section 4 of the Criminal Justice Act 1948" there shall be substituted the words “ section 3 of the Powers of Criminal Courts Act 1973" ”.

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

18, 19.

20In section 56 of that Act (committal for sentence for offences tried summarily)—

(a)in subsection (1)(a), for the words “section 41(1) of this Act" there shall be substituted the words “ section 24(1) of the Powers of Criminal Courts Act 1973" ”; and

(b)in subsection (2), for the words from “section 8(4)" to the end there shall be substituted the words “ section 28 and 29 of the Magistrates’ Courts Act 1952 (committal for sentence), section 62(6) of this Act and sections 8(6) (probationer convicted of subsequent offence) and 24(2) (committal to be dealt with in respect of a suspended sentence) of the Powers of Criminal Courts Act 1973" ”.

21In section 62 of that Act (revocation of licences and conviction of prisoners on licence), in subsection (6), for the words “section 29 of the Criminal Justice Act 1948" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”.

22In section 67 of that Act (computation of sentences of imprisonment passed in England and Wales), in subsection (2), for the words “section 40 of this Act" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

23—25.

26In section 104 of that Act (general provisions as to interpretation), in subsection (1)—

(a)for the definition of “extended sentence certificate" there shall be substituted the following—

““extended sentence certificate” means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;” and

(b)for the definition of “suspended sentence" there shall be substituted the following—

““suspended sentence” means a sentence to which an order under section 22(1) of the Powers of Criminal Courts Act 1973 relates.”

27In section 106(2)(b) of that Act (provisions extending to Scotland), for the words from “38(7)" to “54(6) to" there shall be substituted the words “ 48, 54(6) and" ”.

M15 Criminal Appeal Act 1968E+W+S

28In section 10 of the M16Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by the Crown Court otherwise than on conviction on indictment), in subsection (3)(c)(iii), for the words “section 40 of the Criminal Justice Act 1967" there shall be substituted the words “ section 23 of the Powers of Criminal Courts Act 1973" ”.

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

29

The M17 Social Work (Scotland) Act 1968E+W+S

30In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in subsection (1), in the definition of “probation order" for the words “section 3 of the Criminal Justice Act 1948" there shall be substituted the words “ section 2 of the Powers of Criminal Courts Act 1973" ”.

The M18 Civil Evidence Act 1968E+W+S

31In section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The M19 Law Reform (Miscellaneous Provisions) (Scotland) Act 1968E+W+S

32In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), in subsection (5), for the words in paragraph (a) “section 12 of the Criminal Justice Act 1948" there shall be substituted the words “ section 13 of the Powers of Criminal Courts Act 1973" ”.

The M20 Children and Young Persons Act 1969E+W+S

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

33

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

34

35In section 13 of that Act (selection of supervisor for person subject to a supervisions order), in subsection (2), for the words from “by paragraph" to “paragraph 6(b)" there shall be substituted the words “on probation officers by paragraph 8 of Schedule 3 to the Powers of Criminal Courts Act 1973 or by rules under paragraph 18(1)(b)".

36In section 46 of that Act (discontinuance of approved schools, etc., on establishment of community homes), in subsection (1), for the words from “remand home" to “1948" there shall be substituted the words “or remand home within the meaning of the Criminal Justice Act 1948 or approved probation hostel or approved probation home within the meaning of the Powers of Criminal Courts Act 1973".

37In section 48 of that Act (financial provisions applicable on cessation of controlled or assisted community home), in subsection (5)(b), for the words “section 77(3)(b) of the Criminal Justice Act 1948" there shall be substituted the words “section 51(3)(c) of the Powers of Criminal Courts Act 1973".

38In Schedule 3 to that Act (provisions as to approved schools and other institutions)—

(a)in paragraphs 6(1) and 9(2)(b), for the words “section 77 of the Criminal Justice Act 1948" there shall be substituted the words “section 51 of the Powers of Criminal Courts Act 1973";

(b)in paragraph 9(4)(b), for the words “Schedule 5 to the Criminal Justice Act 1948" there shall be substituted the words “Schedule 3 to the Powers of Criminal Courts Act 1973";

(c)in paragraph 10(4)(b), after the words “section 77(3)(b) of the Criminal Justice Act 1948" there shall be inserted the words “or under section 51(3)(c) of the Powers of Criminal Courts Act 1973".

39In Schedule 4 to that Act (transitional provisions and savings) in paragraph 12(3), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

The M21 Administration of Justice Act 1970E+W+S

40In Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation, etc., enforceable as on a summary conviction), for paragraphs 10 and 11 as originally enacted there shall be substituted (in place of the paragraph substituted for those paragraphs and the paragraph 9A inserted by section 8 of the Criminal Damage Act 1971 by Schedule 5 to the Criminal Justice Act 1972) the following paragraph—

“10Where under section 35 of the Powers of Criminal Courts Act 1973 a court orders the payment of compensation.”

The M22 Courts Act 1971E+W+S

41.-In section 53 of the Courts Act 1971 (administrative functions of justices), in subsection (7)(a), for the words “made under paragraph 1 of Schedule 5 to the Criminal Justice Act 1948" there shall be substituted the words “deemed to be made under paragraph 1 of Schedule 3 to the Powers of Criminal Courts Act 1973".

The M23 Industrial Relations Act 1971E+W+S

42In paragraph 28 of Schedule 3 to the Industrial Relations Act 1971 (provisions as to fines imposed by the Industrial Court), in sub-paragraph (1), for the words from “section 14" to “1967" there shall be substituted the words “ the provisions of section 31 and 32 of the Powers of Criminal Courts Act 1973" ” and the words “to a court of assize or" shall be omitted.

The M24 Road Traffic Act 1972E+W+S

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

43

44In section 105 of that Act (supplementary provisions as to disqualifications and endorsements), in subsection (2), after the words “Criminal Justice Act 1972" there shall be inserted the words “ or section 44(3) of the Powers of Criminal Courts Act 1973" ” and for the words “that section" there shall be substituted the words “ section 24 or 44, as the case may be" ”.

The Criminal Justice Act 1972E+W+S

45In section 23 of the Criminal Justice Act 1972 (power to deprive offender of property used, or intended for use, for purposes of crime), in subsection (5), for the words from “in regard" to “of this section" there shall be substituted the words “that any property which was in his possession or under his control at the time of his apprehension—

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

(b)was intended by him to be used for that purpose”.

46In section 24 of that Act (driving disqualification where vehicle used for purposes of crime)—

(a)in subsection (2), for the words from “mentioned" to the end of the subsection there shall be substituted the words “ of committing, or facilitating the commission of, the offence, the court may order that person to be disqualified, for such period as the court thinks fit, for holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1972" ”; and

(b)in subsection (3), for the words “subsection (1)" there shall be substituted the words “ subsection (2)" ”.

47In section 49 of that Act (community service order in lieu of warrant of commitment for failure to pay fine, etc.)—

(a)in subsection (2), for the words from the beginning to “this Act" in the second place where it occurs there shall be substituted the words “ In this section community service order" has the same meaning as in the Powers of Criminal Courts Act 1973 and section 14(2) of that Act and, so far as applicable, the other provisions of that Act" ”, and for the words “subsection (3) of section 17" and “section 18(1)(b) of this Act" there shall be substitiuted respectively the words “ subsection (3) of section 16" ” and “ section 17(2)(a) of that Act" ”; and

(b)in subsection (4), for the words “section 47(3) of the Criminal Justice Act 1967" there shall be substituted the words “ section 32(1) of the Powers of Criminal Courts Acts 1973" ”.

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

48

The M25 Costs in Criminal Cases Act 1973E+W+S

49In section 18 of the Costs in Criminal Cases Act 1973 (miscellaneous applications of that Act)—

(a)in subsection (1)(b), for the words “section 29 of that Act" there shall be substituted the words “ section 42 of the Powers of Criminal Courts Act 1973" ”; and

(b)in subsection (4), for paragraphs (a), (b) and (c) there shall be substituted the following paragraphs—

“(a)proceedings for dealing with an offender under section 6, 8 or 10 of the Powers of Criminal Courts Act 1973 (probation orders and orders for conditional discharge);

(b)proceedings under section 16 or 17 of that Act (community service orders); and

(c)proceedings under section 23(1) or 27 of that Act for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order.”

The M26 Social Security Act 1973E+W+S

50In Schedule 23 to the Social Security Act 1973 (proceedings for offences etc.), in paragraph 11(1), for the words “Criminal Justice Act 1948" there shall be substituted the words “ Powers of Criminal Courts Act 1973" ”.

Section 56(2).

Schedule 6E+W+S Enactments Repealed