SCHEDULES

Sections 8(3) and 9(2).

SCHEDULE 1E+W Amendments of 1973 Act

Part IE+W Provisions Inserted as Sections 1A to 1C

“ DischargeE+W

1A Absolute and conditional discharge.

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

(a)discharging him absolutely; or

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

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

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

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

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that subsection (1) above shall be amended by substituting, for the maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

1B Commission of further offence by person conditionally discharged.

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

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

(b)has been dealt with in respect of that offence,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1C Effect of discharge.

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

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

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

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

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

(a)imposes any disqualification or disability upon convicted persons; or

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

(4)The preceding provisions of this section shall not affect—

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

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

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

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

Part IIE+W Provisions Inserted as Schedule 1A

“Schedule 1AE+W Additional Requirements in Probation Orders

Requirements as to residenceE+W

1(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

2(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

3(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

4(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

5(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

6(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.”

Section 14(1).

SCHEDULE 2E+W Enforcement etc. of Community Orders

Part IE+W Preliminary

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

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

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

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

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

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

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

Part IIE+W Breach of Requirement of Order

Issue of summons or warrantE+W

2(1)If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it; or

(b)if the information is in writing and on oath, issue a warrant for his arrest.

(2)Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought before a magistrates’ court acting for the petty sessions area concerned.

Powers of magistrates’ courtE+W

3(1)If it is proved to the satisfaction of the magistrates’ court before which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—

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

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

(c)where the relevant order is a probation order and the case is one to which section 17 of the 1982 Act applies, it may make an order under that section requiring him to attend at an attendance centre; or

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

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

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

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

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

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

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

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

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

Powers of Crown CourtE+W

4(1)Where by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—

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

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

(c)where the relevant order is a probation order and the case is one to which section 17 of the 1982 Act applies, it may make an order under that section requiring him to attend at an attendance centre; or

(d)it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.

(2)In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

(3)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

ExclusionsE+W

5(1)Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.

(2)An offender who is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol, shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

SupplementalE+W

6(1)Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) or (b) above shall be without prejudice to the continuance of the relevant order.

(2)Section 18 of this Act shall apply for the purposes of paragraph 3(1)(a) 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 paragraph or paragraph 4(1)(a) above shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

(3)The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

(a)shall be specified in the order and shall not exceed 60 in the aggregate; and

(b)where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

(4)Section 14(2) of the 1973 Act and, so far as applicable—

(a)the following provisions of that Act relating to community service orders; and

(b)the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

(5)Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above, the powers conferred by those provisions to deal with the offender for the offence in respect of which the community service order was made shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the community service order was made.

Part IIIE+W Revocation of Order

Revocation of order with or without re-sentencingE+W

7(1)This paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

(a)that the order should be revoked; or

(b)that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

(2)The court may—

(a)if the order was made by a magistrates’ court—

(i)revoke the order; or

(ii)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence; or

(b)if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(3)The circumstances in which a probation order may be revoked under sub-paragraph (2)(a)(i) above shall include the offender’s making good progress or his responding satisfactorily to supervision.

(4)In dealing with an offender under sub-paragraph (2)(a)(ii) above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(5)An offender sentenced under sub-paragraph (2)(a)(ii) above may appeal to the Crown Court against the sentence.

(6)Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

(7)Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(8)No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

8(1)This paragraph applies where an offender in respect of whom a relevant order is in force—

(a)is convicted of an offence before the Crown Court; or

(b)is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or

(c)by virtue of paragraph 7(2)(b) above is brought or appears before the Crown Court.

(2)If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a)revoke the order; or

(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.

(3)The circumstances in which a probation order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision.

(4)In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Revocation of order following custodial sentenceE+W

9(1)This paragraph applies where—

(a)an offender in respect of whom a relevant order is in force is convicted of an offence before a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; and

(b)the court imposes a custodial sentence on the offender.

(2)If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—

(a)if the order was made by a magistrates’ court, revoke it; and

(b)if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

(3)Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

10Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.

SupplementalE+W

11(1)On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.

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

Part IVE+W Amendment of Order

Amendment by reason of change of residenceE+W

12(1)This paragraph applies where, at any time while a relevant order is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

(2)Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

(3)The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either—

(a)cancels those requirements; or

(b)substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

(4)The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

Amendment of requirements of probation or curfew orderE+W

13(1)Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—

(a)by cancelling any of the requirements of the order; or

(b)by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

(2)The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely—

(a)the court shall not amend a probation order—

(i)by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or

(ii)by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the amending order is made within three months after the date of the original order; and

(b)the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

(3)In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

Amendment of certain requirements of probation orderE+W

14(1)Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—

(a)is of the opinion mentioned in sub-paragraph (2) below; or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.

(2)The opinion referred to in sub-paragraph (1) above is—

(a)that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

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

(c)that the offender is not susceptible to treatment; or

(d)that the offender does not require further treatment.

Extension of community service orderE+W

15Where—

(a)a community service order is in force in respect of any offender; and

(b)on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.

SupplementalE+W

16No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above, while an appeal against the relevant order is pending.

17(1)Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—

(a)shall summon him to appear before the court; and

(b)if he does not appear in answer to the summons, may issue a warrant for his arrest;

and the court shall not amend a relevant order under this Part of this Schedule unless the offender 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 a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

18(1)On the making under this Part of this Schedule of an order amending a relevant order, the clerk to the court shall forthwith—

(a)if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b)if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

(i)copies of the amending order; and

(ii)such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.

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

Section 16.

SCHEDULE 3U.K. Reciprocal Enforcement of Certain Orders

Part IU.K. Transfer of Community Orders to Scotland or Northern Ireland

Probation orders: ScotlandU.K.

1(1)Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the regional or islands council in whose area he resides, or will be residing when the order comes into force.”

(2)Where a probation order has been made and—

(a)a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and

(b)it appears to the court that suitable arrangements for his supervision can be made by the regional or islands council in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—

(a)any reference to a probation officer were a reference to an officer of the regional or islands council in whose area the offender resides or will be residing when the order or amendment comes into force;

(b)the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;

(c)paragraph 3 (requirements as to attendance at probation centre) were omitted; and

(d)the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the M2Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.

(4)A probation order made or amended in accordance with this paragraph shall—

(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b)specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the M3Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Probation orders: Northern IrelandU.K.

2(1)Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.”

(2)Where a probation order has been made and—

(a)a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

(b)it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—

(a)any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

(b)the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

(c)references in paragraph 3 to a probation centre were references to a day centre within the meaning of section 2B of the M4Probation Act (Northern Ireland) 1950; and

(d)the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of section 2 of the M5Probation Act (Northern Ireland) 1950.

(4)A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Community service orders: ScotlandU.K.

3(1)Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—

“(2A)A court shall not make a community service order in respect of any offender unless—

(a)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

(b)it appears to the court that provision can be made for him to perform work under those arrangements.”

(2)Where a community service order has been made and—

(a)a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;

(b)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

(c)it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3)A community service order made or amended in accordance with this paragraph shall—

(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b)require the regional or islands council in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.

Community service orders: Northern IrelandU.K.

4(1)Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—

(a)in the case of an offender aged sixteen, as if the reference in subsection (1A) to 240 hours were a reference to 120 hours; and

(b)in any case, as if for subsection (2A) there were substituted the following subsection—

“(2A)A court shall not make a community service order in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order.”

(2)Where a community service order has been made and—

(a)a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

(b)it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed and, where the offender is aged sixteen, by making any such reduction in the aggregate number of hours specified in the order as is required by sub-paragraph (1)(a) above.

(3)A community service order made or amended in accordance with this paragraph shall—

(a)specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

(b)require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the M6Treatment of Offenders (Northern Ireland) Order 1976.

Combination orders: ScotlandU.K.

5Paragraphs 1 and 3 above shall apply in relation to combination orders—

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

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

GeneralU.K.

6(1)Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2)Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

(b)the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

(3)Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—

(a)the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

(b)the powers of the home court under that legislation, as modified by this paragraph; and

(c)its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.

(4)The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—

(a)in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the M7Criminal Procedure (Scotland) Act 1975;

(b)in the case of a probation order, a power conferred by section 4(3)(d) or (4B)(d) or 6 of, or paragraph 1 of Schedule 2 to, the M8Probation Act (Northern Ireland) 1950; and

(c)in the case of a community service order—

(i)a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the M9Community Service by Offenders (Scotland) Act 1978;

(ii)a power conferred by Article 9(3)(a) or (b) or (5)(b) or 10 of the M10Treatment of Offenders (Northern Ireland) Order 1976; or

(iii)a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

(5)If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—

(a)it appears to the home court—

(i)if that court is in Scotland, on evidence on oath from the local authority officer concerned; and

(ii)if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or

(b)it appears to the home court on the application of the offender or—

(i)if that court is in Scotland, of the local authority officer concerned; and

(ii)if it is in Northern Ireland, of the probation officer concerned,

that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act to be exercised,

the home court may require the offender to appear before the court which made the order.

(6)Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—

(a)may issue a warrant for his arrest; and

(b)may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.

(7)Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—

(a)the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b)a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8)In this paragraph—

• “corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the M11Criminal Procedure (Scotland) Act 1975;

• “home court” means—

(a)if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and

(b)if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

• “the local authority officer concerned”, in relation to an offender, means the officer of a regional or islands council responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the M12Community Service by Offenders (Scotland) Act 1978;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part III of the M13Treatment of Offenders (Northern Ireland) Order 1976;

• “the relevant time” means the time when the order or the amendment to it comes into force.

Part IIU.K. Transfer of Corresponding Orders from Scotland

Probation ordersU.K.

7(1)The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.U.K.

(2)In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—

“(a)in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or

(b)in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order”.

(3)In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

(a)in subsection (1)—

(i)for the words “that the offender shall perform unpaid work” there shall be substituted the words “which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the M14Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule”;

(ii)for the word “17” there shall be substituted the word “16”’

(iii)the word “and”, where it secondly occurs, shall cease to have effect; and

(iv)at the end there shall be added the words “; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.”;

(b)in subsection (2)—

(i)for the words “that the probationer has attained the age of 17 years and proposes to reside in or is residing in England” there shall be substituted the following paragraphs—

“(a)that the probationer has attained the age of 16 years;

(b)that he proposes to reside, or is residing, in England; and

(c)that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside”; and

(ii)after the word “section”, where it secondly occurs, there shall be inserted the words “or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred”;

(c)in subsection (3)—

(i)in paragraph (a), for the words “section 3(2) of” and “section 3 of” there shall be substituted, respectively, the words “paragraph 5(3) of Schedule 1A to” and “paragraph 5 of Schedule 1A to”; and

(ii)in paragraph (b), for the words “subsections (4) to (6) of section 3 of” there shall be substituted the words “sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to”;

(d)in subsection (4), for the words from “the Powers” to the end of the proviso there shall be substituted the words “Schedule 2 to the Criminal Justice Act 1991 shall apply to the order—

(a)except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and

(b)in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 11 of the said Act of 1991:

Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland.”; and

(e)in subsection (5), for the words from “for which” to “this section” there shall be substituted the words “named in a probation order made or amended under this section that the person to whom the order relates”.

(4)Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Community service ordersU.K.

8Section 6 of the M15Community Service by Offenders (Scotland) Act 1978 (community service orders relating to persons residing in England and Wales) shall be amended as follows—

(a)in subsection (1)(a), for the words from “for paragraphs” to the end of paragraph (b) as substituted in section 1(2) of that Act there shall be substituted the words “ , in subsection (2), paragraph (b) were omitted and for paragraph (d) there were substituted the following paragraph— ”;and

(b)in subsection (2), paragraph (b) shall cease to have effect.

Supervision requirementsU.K.

9Section 72 of the M16Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—

(a)in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—

“(i)in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii)in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).”;

(b)in subsection (1A)—

(i)for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;

(ii)after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and

(iii)paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;

(c)in subsection (2), for the words “The juvenile court in Northern Ireland” there shall be substituted the words “A juvenile court”;

(d)in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and

(e)subsection (4) shall cease to have effect.

Part IIIU.K. Transfer of Probation Orders from Northern Ireland

10(1)Where, in the case of an offender of or over the age of 16 years, a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, section 1 of the M17Probation Act (Northern Ireland) 1950 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside.”

(2)Where a probation order has been made by a court in Northern Ireland and—

(a)a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England and Wales; and

(b)it appears to the court that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the M18Probation Act (Northern Ireland) 1950 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, sections 2, 2A and 2B of the M19Probation Act (Northern Ireland) 1950 shall have effect as if—

(a)any reference to a probation officer were a reference to a probation officer assigned to the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;

(b)the reference in section 2(2) to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the M20Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act;

(c)the reference in section 2A(5) to the Probation Board for Northern Ireland were a reference to the probation committee for the area in which the premises are situated; and

(d)references in section 2B to a day centre were references to a probation centre within the meaning of paragraph 3 of Schedule 1A to the 1973 Act.

(4)A probation order made or amended in accordance with this paragraph shall specify the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

11(1)Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2)Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a probation order made in England and Wales; and

(b)the provisions relating to such orders of the 1973 Act and Schedule 2 to this Act (except paragraphs 9 and 10) shall apply accordingly.

(3)Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—

(a)the requirements of the 1973 Act relating to probation orders;

(b)the powers of the home court under that Act and Schedule 2 to this Act, as modified by this paragraph; and

(c)its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 1(5) of the M21Probation Act (Northern Ireland) 1950.

(4)The home court may exercise in relation to the probation order any power which it could exercise in relation to a probation order made by a court in England and Wales by virtue of the 1973 Act, except a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to this Act.

(5)If at any time while the 1973 Act applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—

(a)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 the 1973 Act applicable to the order; or

(b)on the application of the offender or the probation officer, that it would be in the interests of justice for the power conferred by paragraph 1 of Schedule 2 to the Probation Act (Northern Ireland) 1950 to be exercised,

the home court may require the offender to appear before the court which made the order.

(6)Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—

(a)may issue a warrant for his arrest; and

(b)may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

and section 4(2) to (7) of the Probation Act (Northern Ireland) 1950 shall have effect accordingly.

(7)Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

(a)the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b)a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8)In this paragraph “home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction acting for the petty sessions area in which he resides or proposes to reside.

Section 17(3).

SCHEDULE 4E+W Increase of Certain Maxima

Part IE+W Substitution of Other Amounts

Part IIE+W Substitution of Levels on Standard Scale

Part IIIE+W Substitution of Statutory Maximum

Part IVE+W Provisions Substituted for Schedule 6A to 1980 Act

“Schedule 6AE+W Fines that may be Altered under Section 143

Part VE+W Other Amendments

1In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection—

“(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.”

2In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection—

“(5)Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (4) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 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.”

3In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), after subsection (2) there shall be inserted the following subsection—

“(2A)Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 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.”

4In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection—

“(2A)Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates’ court were a summary offence punishable by a fine not exceeding level 4 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.”

Section 32(7).

SCHEDULE 5E+W The Parole Board

MembershipE+W

1The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

F7 MembershipE+W

2The Board shall include among its members—

(a)a person who holds or has held judicial office;

(b)a registered medical practitioner who is a psychiatrist;

(c)a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

(d)a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

F8Payments to membersE+W

3A member of the Board—

(a)shall hold and vacate office in accordance with the terms of his appointment;

(b)may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board shall be eligible for reappointment.

Remuneration and allowancesE+W

4There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.

F9StaffE+W

5The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging its functions under Part II of this Act shall be defrayed by the Secretary of State.

ReportsE+W

6The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year; and the Secretary of State shall lay a copy of the report before Parliament.

Section 53(5).

F20SCHEDULE 6E+W+S Notices of Transfer: Procedure in lieu of Committal

Contents of notice of transferE+W

1(1)A notice of transfer shall specify the proposed place of trial; and in selecting that place the Director of Public Prosecutions shall have regard to the considerations to which a magistrates’ court committing a person for trial is required by section 7 of the 1980 Act to have regard when selecting the place at which he is to be tried.E+W

(2)A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 4 below may require.

RemandE+W

2(1)If a magistrates’ court has remanded in custody a person to whom a notice of transfer relates, it shall have power, subject to section 4 of the M22Bail Act 1976 and regulations under section 22 of the M23Prosecution of Offences Act 1985—

(a)to order that he shall be safely kept in custody until delivered in due course of law; or

(b)to release him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

(2)Where—

(a)a person’s release on bail under paragraph (b) of sub-paragraph (1) above is conditional on his providing one or more sureties; and

(b)in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in paragraph (a) of that sub-paragraph.

(3)If the conditions specified in sub-paragraph (4) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 Act it would have the power further to remand him on an adjournment such as is mentioned in that subsection.

(4)The conditions referred to in sub-paragraph (3) above are—

(a)that the person in question has given his written consent to the powers conferred by sub-paragraph (1) above being exercised without his being brought before the court; and

(b)that the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.

(5)Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates’ court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue.

(6)Where that requirement ceases by virtue of sub-paragraph (5) above, it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the M24Supreme Court Act 1981.

(7)If, in a case where the notice states that the requirement mentioned in sub-paragraph (5) above is to continue, a person to whom the notice relates appears before the magistrates’ court, the court shall have—

(a)the powers and duties conferred on a magistrates’ court by sub-paragraph (1) above but subject as there provided; and

(b)power to enlarge, in the surety’s absence, a recognisance conditioned in accordance with section 128(4)(a) of the 1980 Act so that the surety is bound to secure that the person charged appears also before the Crown Court.

WitnessesE+W

3E+WFor the purposes of the M25Criminal Procedure (Attendance of Witnesses) Act 1965—

(a)any magistrates’ court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and

(b)a person indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.

RegulationsE+W

4(1)The Attorney General—

(a)shall by regulations make provision requiring a copy of a notice of transfer, together with a statement of the evidence on which any charge to which it relates is based, to be given—

(i)to any person to whom the notice of transfer relates; and

(ii)to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial; and

(b)may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of the Director of Public Prosecutions in relation to such notices, as appears to him to be appropriate.

(2)The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Applications for dismissalE+W

5(1)Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed.

(2)The judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.

(3)No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.

(4)Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

(5)No leave or order under sub-paragraph (4) above shall be given or made in relation to oral evidence from a child (within the meaning of section 53 of this Act) who is alleged—

(a)to be a person against whom an offence to which the notice of transfer relates was committed; or

(b)to have witnessed the commission of such an offence.

(6)If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.

(7)Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.

(8)Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision—

(a)as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);

(b)as to the contents and form of notices or other documents;

(c)as to the manner in which evidence is to be submitted; and

(d)as to persons to be served with notices or other material.

Reporting restrictionsE+W+S

6(1)Except as provided by this paragraph, it shall not be lawful—

(a)to publish in Great Britain a written report of an application under paragraph 5(1) above; or

(b)to include in a relevant programme for reception in Great Britain a report of such an application,

if (in either case) the report contains any matter other than that permitted by this paragraph.

(2)An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 5(1) above may be made by the judge dealing with the application.

(3)Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

(4)An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

(5)It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 5(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

(6)Where—

(a)two or more persons were jointly charged; and

(b)applications under paragraph 5(1) above are made by more than one of them,

sub-paragraph (5) above shall have effect as if for the words “the application is” there were substituted the words “all the applications are”.

(7)It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

(8)The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say—

(a)the identity of the court and the name of the judge;

(b)the names, ages, home addresses and occupations of the accused and witnesses;

(c)the offence or offences, or a summary of them, with which the accused is or are charged;

(d)the names of counsel and solicitors engaged in the proceedings;

(e)where the proceedings are adjourned, the date and place to which they are adjourned;

(f)the arrangements as to bail;

(g)whether legal aid was granted to the accused or any of the accused.

(9)The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses—

(a)at any relevant time; and

(b)at the time of their publication or inclusion in a relevant programme.

(10)If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say—

(a)in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b)in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11)Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

(12)Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

(13)In this paragraph—

• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

• “relevant programme” means a programme included in a programme service (within the meaning of the M26Broadcasting Act 1990);

• “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

Avoidance of delayE+W

7(1)Where a notice of transfer has been given in relation to any case—E+W

(a)the Crown Court before which the case is to be tried; and

(b)any magistrates’ court which exercises any functions under paragraph 2 or 3 above or section 20(4) of the M27Legal Aid Act 1988 in relation to the case,

shall, in exercising any of its powers in relation to the case, have regard to the desirability of avoiding prejudice to the welfare of any relevant child witness that may be occasioned by unnecessary delay in bringing the case to trial.

(2)In this paragraph “child” has the same meaning as in section 53 of this Act and “relevant child witness” means a child who will be called as a witness at the trial and who is alleged—

(a)to be a person against whom an offence to which the notice of transfer relates was committed; or

(b)to have witnessed the commission of such an offence.

Procedures for indictment of offendersE+W

8(1)In subsection (2) of section 2 of the M28Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph—E+W

“(ab)the offence is specified in a notice of transfer under section 53 of the Criminal Justice Act 1991 (violent or sexual offences against children); or”.

(2)In paragraph (iA) of the proviso to that subsection—

(a)after the words “paragraph (aa)” there shall be inserted the words “or (ab)”; and

(b)for the words “regulations under section 5(9) of the M29Criminal Justice Act 1987” there shall be substituted the the words “regulations under the relevant provision”.

(3)At the end of that proviso there shall be inserted the words “and in paragraph (iA) above “the relevant provision” means section 5(9) of the M30Criminal Justice Act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991 in a case to which paragraph (ab) above applies”.

Legal aidE+W

9In section 20(4) of the M31Legal Aid Act 1988 (power of magistrates’ court to grant legal aid for Crown Court proceedings), in paragraph (b), after the word “cases)” there shall be inserted the words “or section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children)”.

Section 66.

SCHEDULE 7E+W Provisions Substituted for Section 15 of 1969 Act

“15 Variation and discharge of supervision orders.

(1)If while a supervision order is in force in respect of a supervised person it appears to a relevant court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it—

(a)by cancelling any requirement included in it in pursuance of section 12, 12A, 12AA, 12B, 12C or 18(2)(b) of this Act; or

(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power.

(2)The powers of variation conferred by subsection (1) above do not include power—

(a)to insert in the supervision order, after the expiration of three months beginning with the date when the order was originally made, a requirement in pursuance of section 12B(1) of this Act, unless it is in substitution for such a requirement already included in the order; or

(b)to insert in the supervision order a requirement in pursuance of section 12A(3)(b) of this Act in respect of any day which falls outside the period of three months beginning with the date when the order was originally made.

(3)If while a supervision order made under section 7(7) of this Act is in force in respect of a person it is proved to the satisfaction of a relevant court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12AA, 12C or 18(2)(b) of this Act, the court—

(a)whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him; or

(b)in the case of a person who has attained the age of eighteen, may (if it also discharges the supervision order) make an order imposing on him any punishment, other than a sentence of detention in a young offender institution, which it could have imposed on him if it—

(i)had then had power to try him for the offence in consequence of which the supervision order was made; and

(ii)had convicted him in the exercise of that power.

(4)If while a supervision order is in force in respect of a person it is proved to the court under subsection (3) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it—

(a)had then had power to try him for the offence in consequence of which the supervision order was made; and

(b)had convicted him in the exercise of that power.

(5)In a case falling within subsection (3)(b) or (4) above where the offence in question is of a kind which the court has no power to try, or has no power to try without appropriate consents, the sentence imposed by virtue of that provision—

(a)shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

(b)where the case falls within subsection (3)(b) above and the sentence is a fine, shall not in any event exceed £5,000; and

(c)where the case falls within subsection (4) above, shall not in any event exceed a custodial sentence for a term of six months and a fine of £5,000.

(6)A court may not make an order by virtue of subsection (4) above unless the court which made the supervision order made a statement under subsection (1) of section 12D of this Act; and for the purposes of this subsection a certificate under that section shall be evidence of the making of the statement to which it relates.

(7)Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply—

(a)for the purposes of subsection (3)(a) 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

(b)for the purposes of subsections (3)(b) and (4) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 5 on that scale;

and a fine imposed under any of those provisions shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

(8)In dealing with a supervised person under subsection (3) or (4) above, the court shall take into account the extent to which that person has complied with the requirements of the supervision order.

(9)If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12B(1) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—

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

(b)that the supervised person needs different treatment; or

(c)that he is not susceptible to treatment; or

(d)that he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

(10)On receiving a report under subsection (9) above, the supervisor shall refer it to a relevant court; and on such a reference, the court may make an order cancelling or varying the requirement.

(11)In this section “relevant court” means—

(a)in the case of a supervised person who has not attained the age of eighteen, a youth court;

(b)in the case of a supervised person who has attained that age, a magistrates’ court other than a youth court.

(12)The provisions of this section shall have effect subject to the provisions of section 16 of this Act.”

Section 68.

SCHEDULE 8E+W+S Amendments for Treating Persons Aged 17 as Young Persons

Children and Young Persons Act 1933 (c.12)E+W

1(1)Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—E+W

“(2)In this section and section 34 of this Act, “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”

(2)In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

(3)In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

““young person” means a person who has attained the age of fourteen and is under the age of eighteen years.”

Prison Act 1952 (c.52)E+W

2E+WIn section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.

Children and Young Persons Act 1963 (c.37)E+W

3E+WIn section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

Children and Young Persons Act 1969 (c.54)E+W

4(1)Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—E+W

“(2)In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”

(2)In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

““young person” means a person who has attained the age of fourteen and is under the age of eighteen years;”.

Rehabilitation of Offenders Act 1974 (c.53)E+W+S

5E+W+SIn section 5(2) of the Rehabilitation of Offenders Act 1974 (which provides for rehabilitation periods to be reduced by half for young offenders)—

(a)in paragraph (a), for the words “seventeen years of age” there shall be substituted the words “eighteen years of age”; and

(b)in the heading to Table A, for the words “under 17” there shall be substituted the words “under 18”.

Magistrates’ Courts Act 1980 (c.43)E+W

6(1)Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—

(a)for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;

(b)in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;

(c)in section 36(1), for the words “17 years of age” there shall be substituted the words “18 years of age”; and

(d)in section 38 for the words “17 years old” there shall be substituted the words “18 years old”.

(2)In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.

(3)In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.

Section 71.

SCHEDULE 9E+W Amendments to Service Law

Army Act 1955 (c.18) and Air Force Act 1955 (c.19)E+W

1In section 71A of the Army Act 1955 and the Air Force Act 1955 (life custody for young offenders), in subsections (1B) and (4)(a), for the words “17 years” there shall be substituted the words “18 years”.

2In section 71AA of those Acts (young service offenders: custodial orders)—

(a)in subsection (1), for the words “not exceeding” there shall be substituted the words “which—

(a)shall be not less than the appropriate minimum period, that is to say—

(i)in the case of an offender who has attained eighteen years of age, the period of 21 days; or

(ii)in the case of an offender who is under that age, the period of two months; and

(b)shall not exceed”;

(b)subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below” shall cease to have effect;

(c)before subsection (1B) there shall be inserted the following subsection—

“(1AA)The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.”; and

(d)in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.

3For subsection (2) of section 93 of those Acts (evidence on oath in court-martial) there shall be substituted the following subsections—

“(1B)A witness before a court-martial—

(a)shall be examined on oath if he has attained the age of fourteen; and

(b)shall give evidence unsworn if he is under that age.

(2)Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.”

4In paragraph 10 of Schedule 5A to those Acts (civilian offenders: custodial orders)—

(a)in sub-paragraph (1), for the words from “detained” to “and in this sub-paragraph” there shall be substituted the words “detained for a period, to be specified in the order, which—

(a)shall not be less than the appropriate minimum period, that is to say—

(i)in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii)in the case of an offender who is under 18 years of age, the period of two months;

(b)shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and

(c)if the order is made by a Standing Civilian Court, shall not exceed six months.

and in this sub-paragraph ”.

(b)in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and

(c)in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.

Naval Discipline Act 1957 (c.53)E+W

5In section 43A of the Naval Discipline Act 1957 (life custody for young offenders), in subsections (1B) and (4)(a), for the words “17 years” there shall be substituted the words “18 years”.

6In section 43AA of that Act (young service offenders: custodial orders)—

(a)in subsection (1), for the words “not exceeding” there shall be substituted the words “which—

(a)shall be not less than the appropriate minimum period, that is to say—

(i)in the case of an offender who has attained eighteen years of age, the period of 21 days; or

(ii)in the case of an offender who is under that age, the period of two months; and

(b)shall not exceed”;

(b)subsection (1A) and, in subsection (1), the words “subject to subsection (1A) below”, shall cease to have effect; and

(c)before subsection (1B) there shall be inserted the following subsection—

“(1AA)The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.”; and

(d)in subsection (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “ Section 65 of the Criminal Justice Act 1991 ”.

7For subsections (2) and (3) of section 60 of that Act (evidence on oath in court-martial) there shall be substituted the following subsections—

“(2)A witness before a court-martial—

(a)shall be examined on oath if he has attained the age of fourteen; and

(b)shall give evidence unsworn if he is under that age.

(3)Unsworn evidence admitted by virtue of subsection (2)(b) above may corroborate evidence (sworn or unsworn) given by any other person.”

8In paragraph 10 of Schedule 4A to that Act (civilian offenders: custodial orders)—

(a)in sub-paragraph (1), for the words from “detained” to “and in this sub-paragraph” there shall be substituted the words “detained for a period, to be specified in the order, which—

(a)shall be not less than the appropriate minimum period, that is to say—

(i)in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii)in the case of an offender who is under 18 years of age, the period of two months; and

(b)shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21;

and in this sub-paragraph ”;

(b)in sub-paragraph (1A), for the words “17 years” there shall be substituted the words “18 years”; and

(c)in sub-paragraph (6A), for the words “Section 15 of the Criminal Justice Act 1982” there shall be substituted the words “Section 65 of the Criminal Justice Act 1991”.

Section 89.

SCHEDULE 10E+W Certification of Prisoner Custody Officers

PreliminaryE+W

1E+WIn this Schedule—

• “certificate” means a certificate under section 89 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificatesE+W

2(1)Any person may apply to the Secretary of State for the issue of a certificate in respect of him.E+W

(2)The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a)is a fit and proper person to perform the relevant functions; and

(b)has received training to such standard as he may consider appropriate for the performance of those functions.

(3)Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4)A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificateE+W

3(1)This paragraph applies where at any time it appears—

(a)in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, to the prisoner escort monitor for the area concerned; or

(b)in the case of such an officer performing custodial duties at a contracted out prison, to the controller of that prison,

that the officer is not a fit and proper person to perform the escort functions or, as the case may be, custodial duties.

(2)The prisoner escort monitor or controller may—

(a)refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b)in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

(3)The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificateE+W

4E+WWhere at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.

False statementsE+W

5E+WIf any person, for the purpose of obtaining a certificate for himself or for any other person—

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

(b)recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 100.

SCHEDULE 11U.K. Minor and Consequential Amendments

Children and Young Persons Act 1933 (c.12)E+W

1E+WIn section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.

Criminal Justice Act 1967 (c.80)E+W

2(1)Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.E+W

(2)In subsection (1A)(c)—

(a)after the word “remanded” there shall be inserted the words “or committed”; and

(b)after the words “section 23 of the M32Children and Young Persons Act 1969” there shall be inserted the words “or section 37 of the M33Magistrates’ Courts Act 1980”.

(3)For subsection (5) there shall be substituted the following subsection—

“(5)This section applies—

(a)to sentences of detention in a young offender institution; and

(b)to determinate sentences of detention passed under section 53(2) of the Children and Young Persons Act 1933 (sentences for serious indictable offences),

as it applies to sentences of imprisonment.”

(4)In subsection (6)—

(a)after the word “being”, in the second place where it occurs, there shall be inserted the words “remanded or”;

(b)for the words “committed to the care of a local authority” there shall be substituted the words “remanded or committed to local authority accommodation”; and

(c)after the words “the said section 23” there shall be inserted the words “or 37”.

Criminal Appeal Act 1968 (c.19)E+W

3In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with by Crown Court), for paragraph (b) there shall be substituted the following paragraph—

“(b)having been made the subject of an order for conditional discharge or a community order within the meaning of Part I of the Criminal Justice Act 1991 (other than a supervision order within the meaning of that Part) or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence.”

4In section 50(1A) of that Act (right of appeal of probationer etc.), for the words “Section 13” there shall be substituted the words “Section 1C” and the words “a probation order or” shall cease to have effect.

Civil Evidence Act 1968 (c.64)E+W

5In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for the words “section 13” there shall be substituted the words “section 1C” and the words “probation or” shall cease to have effect.

Children and Young Persons Act 1969 (c. 54)E+W

6(1)In subsection (1) of section 12D of the 1969 Act (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii), for sub-paragraphs (a) to (c) there shall be substituted the following sub-paragraphs—

“(a)the offence of which he has been convicted, or the combination of that offence and one other offence associated with it, was so serious that only a supervision order containing such a requirement or a custodial sentence can be justified for that offence; or

(b)that offence was a violent or sexual offence and only a supervision order containing such a requirement or such a sentence would be adequate to protect the public from serious harm from him;”.

(2)After that subsection there shall be inserted the following subsection—

“(1A)Sub-paragraphs (a) and (b) of subsection (1)(ii) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.”

7(1)In subsection (4) of section 16 of that Act (provisions supplementary to section 15), for the words “a court” there shall be substituted the words “a youth court”.

(2)In subsection (6)(b) of that section, for the words “subsection (5)” there shall be substituted the words “subsection (10)”.

(3)In subsection (10) of that section, for the words “paragraph (b) of subsection (2A) and paragraph (a) of subsection (4)” there shall be substituted the words “paragraph (a) of subsection (3)”.

8(1)In subsection (1) of section 16A of that Act (application of sections 17 to 19 of the 1982 Act), for the words “section 15(2A)(b) and (4)(a)” there shall be substituted the words “section 15(3)(a)”.

(2)In subsection (2) of that section, for the words “each of those paragraphs” there shall be substituted the words “section 15(3)(a) of this Act”.

Vehicles (Excise) Act 1971 (c.10)E+W

9In section 9(5) of the Vehicles (Excise) Act 1971 (additional liability for keeping unlicensed vehicle), for the words “Part I of the M34Criminal Justice Act 1948” there shall be substituted the words “section 1C of the M35Powers of Criminal Courts Act 1973” and the words “placing him on probation or” shall cease to have effect.

Powers of Criminal Courts Act 1973 (c.62)U.K.

10In section 11(2) of the 1973 Act (substitution of conditional discharge for probation) for the words “section 8 of this Act” there shall be substituted the words “paragraph 7 of Schedule 2 to the Criminal Justice Act 1991”.

11In section 12 of that Act (supplementary provisions as to probation and discharge)—

(a)in subsection (2), for the words “section 2(7) and paragraph 1 of Schedule 1” there shall be substituted the words “section 2(4)”;

(b)in subsection (4), for the words “section 2 or 7” there shall be substituted the words “section 1A or 2”.

12In section 14 of that Act (community service orders)—

(a)in subsection (4), for the words “section 17(5) of this Act” there shall be substituted the words “Part IV of Schedule 2 to the Criminal Justice Act 1991”;

(b)in subsection (5)(b), for the words “section 16” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991”; and

(c)in subsection (5)(c), for the words “section 17” there shall be substituted the words “Parts III and IV of that Schedule”.

13In section 15(2) of that Act (obligations of person subject to community service order), for the words “section 17(1) of this Act” there shall be substituted the words “paragraph 15 of Schedule 2 to the Criminal Justice Act 1991”.

14In section 31(3C) of that Act (maximum periods of imprisonment in default of payment of Crown Court fine), for the words “five days” there shall be substituted the words “seven days”.

15In section 58 of that Act (application to Scotland), for the words “sections 8(4), 10, 13, 17C, 25(3), 29(7)” there shall be substituted the words “sections 1C, 25(3) and 29(7)”.

16In section 59 of that Act (application to Northern Ireland), for the words “Sections 17C and 29(7)” there shall be substituted the words “Section 29(7)”.

17(1)In paragraph 2(2)(a) of Schedule 3 to that Act (the probation service and its functions), the word “several” shall cease to have effect.

(2)In paragraph 8(1) of that Schedule, after the words “any person” there shall be inserted the words “and to make reports on such matters”.

Juries Act 1974 (c.23)E+W

18(1)In Schedule 1 to the Juries Act 1974, Group B (which disqualifies from jury service persons concerned with the administration of justice) shall be amended as follows.

(2)After the entry relating to a shorthandwriter in any court, there shall be inserted the following entry— “ A court security officer within the meaning of Part IV of the Criminal Justice Act 1991. ”

(3)After the entry relating to governors, chaplains, medical officers and other officers of penal establishments and members of boards of visitors for such establishments, there shall be inserted the following entry— “ Prisoner custody officers within the meaning of Part IV of the Criminal Justice Act 1991. ”

Solicitors Act 1974 (c.47)E+W

19In section 43(7) of the Solicitors Act 1974 (control of employment of certain clerks), for the words “placing a person on probation or discharging him” there shall be substituted the words “discharging a person” and for the words “section 13” there shall be substituted the words “section 1C”.

Rehabilitation of Offenders Act 1974 (c.53)E+W

20In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—

(a)for the words “section 13” there shall be substituted the words “section 1C”;

(b)the words “put on probation or” shall cease to have effect; and

(c)for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.

Bail Act 1976 (c.63)E+W

21In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), for the words “section 6 or section 16 of the M36Powers of Criminal Courts Act 1973 (breach of requirement of probation or community service order)” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)”.

22(1)Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.

(2)In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))” and the words from “or, in the case” to the end shall cease to have effect.

(3)After sub-paragraph (1) there shall be inserted the following sub-paragraph—

“(1A)No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made.”

(4)In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”.

(5)In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)E+W

23E+WIn section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—

“(b)where the offence was committed in England and Wales, notwithstanding the provisions of sections 1A and 1C of the Power of Criminal Courts Act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;”.

Magistrates’ Courts Act 1980 (c.43)E+W

24In section 12(1)(a) of the 1980 Act (non-appearance of accused: plea of guilty), after the words “this section” there shall be inserted the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”.

25E+WIn section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.

26In section 81(3)(a) of that Act (enforcement of fines imposed on young offenders), for the words “section 19(1) of the M37Criminal Justice Act 1948” there shall be substituted the words “section 17(1) of the M38Criminal Justice Act 1982”.

27(1)In subsection (2) of section 143 of that Act (power to alter sums specified in certain provisions), paragraph (i) shall cease to have effect and after paragraph (o) there shall be inserted the following paragraph—E+W

“(p)section 58(2) and (3) of the Criminal Justice Act 1991 (recognisance from parents or guardians);”.

(2)For subsection (3) of that section there shall be inserted the following subsection—

“(3)In subsection (1) above the “relevant date” means—

(a)the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or

(b)where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above, the date of that order.”

28E+WIn paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.

Contempt of Court Act 1981 (c.49)E+W

29(1)Section 12(2) of the M39Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.E+W

(2)In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.

Criminal Justice Act 1982 (c.48)E+W

30For subsection (5) of section 1 of the 1982 Act (general restrictions on custodial sentences) there shall be substituted the following subsections—

“(5)No court shall commit a person under 21 years of age to be detained under section 9 below unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court—

(a)shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and

(b)may take into account any information about that person which is before it.

(5A)Where a magistrates’ court commits a person under 21 years of age to be detained under section 9 below, it shall—

(a)state in open court the reason for its opinion that no other method of dealing with him is appropriate; and

(b)cause that reason to be specified in the warrant of commitment and to be entered in the register.”

31(1)In subsection (1) of section 1A of that Act (detention in a young offender institution), for paragraph (b) there shall be substituted the following paragraph—

“(b)the court is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) of section 1 of the Criminal Justice Act 1991 apply or the case falls within subsection (3) of that section,”.

(2)In subsection (4) of that section, for the words “section 15(11) below” there shall be substituted the words “section 65(6) of the Criminal Justice Act 1991”.

32In section 3(1) of that Act (restrictions on imposing custodial sentences on persons under 21 not legally represented), for paragraphs (a) and (b) there shall be substituted the following paragraph—

“(a)pass a sentence of detention in a young offender institution under section 1A above;”.

33In section 13 of that Act (conversion of sentence of detention in a young offender institution to imprisonment), after subsection (5) there shall be inserted the following subsection—

“(6)This section applies to a person who is serving a sentence of custody for life under section 8(2) above, or is detained under section 53 of the Children and Young Persons Act 1933, as it applies to a person serving a sentence of detention in a young offender institution.”

34In section 17(1) of that Act (attendance centre orders), for the words “section 6 of the M40Powers of Criminal Courts Act 1973” there shall be substituted the words “Part II of Schedule 2 to the Criminal Justice Act 1991”.

Repatriation of Prisoners Act 1984 (c.47)E+W

35(1)In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—

“(i)released on licence under section 33(1)(b) or (2), 34(3) or 35(1) or (2) of the Criminal Justice Act 1991;”.

(2)In section 3 of that Act (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection—

“(9)The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a prisoner to whom section 48 of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales) applies, include provision specifying the relevant part of his sentence within the meaning of section 34 of that Act (duty of Secretary of State to release discretionary life prisoners).”

(3)In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)—

(a)in sub-paragraph (1), for the words from “section 60” to “of that section” there shall be substituted the words “section 33(1)(b) or (2), 34(3) or (5) or 35(1) of the Criminal Justice Act 1991 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision,”; and

(b)in sub-paragraph (2), for the words “one third” there shall be substituted the words “any particular proportion or part”.

(4)In paragraph 3 of that Schedule, for the words “section 61 of the Criminal Justice Act 1967” there shall be substituted the words “section 35(2) of the Criminal Justice Act 1991”.

Prosecution of Offences Act 1985 (c.23)E+W

36E+WIn section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of “appropriate court” there shall be inserted the following definition—

““custody” includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969, and references to a person being committed to custody shall be construed accordingly;”.

Criminal Justice Act 1988 (c.33)E+W

37E+WIn section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the M41Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.

Road Traffic Offenders Act 1988 (c.53)E+W

38(1)In subsection (1) of section 46 of the Road Traffic Offenders Act 1988 (combination of disqualification and endorsement with probation orders and orders for discharge), for the words “section 13(3)” there shall be substituted the words “section 1C(3)” and the words “placed on probation or” shall cease to have effect.

(2)In subsection (2) of that section, for the words “section 13(1)” there shall be substituted the words “section 1C(1)” and the words “placed on probation or” shall cease to have effect.

Extradition Act 1989 (c.33)E+W

39In section 20(2)(b)(i) of the Extradition Act 1989 (restoration of persons not tried or acquitted), for the words “section 7(1)” there shall be substituted the words “section 1A(1)”.

References to juvenile courtsE+W

40(1)Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”.

(2)The enactments referred to in sub-paragraph (1) above are as follows—

(a)in the 1933 Act, sections 45 to 49, 56 and 108(4) and Schedule 2;

(b)in the M42Education Act 1944, section 40;

(c)in the M43Children Act 1948, section 4B;

(d)in the M44Adoption Act 1958, sections 43, 47 and 48;

(e)in the M45Children and Young Persons Act 1963, sections 3, 18, 23, 26, 28, 29 and 57;

(f)in the M46Administration of Justice Act 1964, section 12;

(g)in the 1969 Act, sections 1 to 3, 7, 10, 15, 16, 20A to 22 and 70(1) and Schedule 4;

(h)in the M47Criminal Justice Act 1972, section 51(1);

(i)in the 1973 Act, section 46;

(j)in the M48Adoption Act 1976, sections 34 and 37;

(k)in the 1979 Act, sections 35(3), 37(1), 38(2) and 58(1) and (5);

(l)in the M49Child Care Act 1980, sections 5 to 7, 12C to 12E, 21A, 67 and 79(2);

(m)in the M50Foster Children Act 1980, sections 11(1), 12(1) and 14;

(n)in the 1980 Act, sections 12(1), 29, 104 and 146;

(o)in the 1982 Act, section 16(2) and in Schedule 3, the entry relating to section 49(2) of the 1933 Act;

(p)in the M51Administration of Justice Act 1985, section 61;

(q)in the M52Legal Aid Act 1988, sections 3(4), 19(3) and (5), 27(3) and (4) 28(3) and (7), 30(2) and in Schedule 3, paragraphs 9 and 10; and

(r)in the M53Children Act 1989, section 90(1) and Schedule 14.

References to juvenile court panelsE+W

41(1)Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”.

(2)The enactments referred to in sub-paragraph (1) above are as follows—

(a)in the 1933 Act, Schedule 2;

(b)in the 1973 Act, in Schedule 3, paragraph 2(3);

(c)in the 1979 Act, section 35(3);

(d)in the M54Child Care Act 1980, section 12E(5); and

(e)in the 1980 Act, section 146.

Section 101(1).

SCHEDULE 12E+W Transitional Provisions and Savings

Custodial and community sentencesE+W

1Each of sections 1 to 13 of this Act shall apply in relation to offenders convicted (but not sentenced) before the commencement of that section as it applies in relation to offenders convicted after that commencement.

2Neither subsection (2) of section 8 of this Act, nor the repeal by this Act of section 13 of the 1973 Act, shall affect the operation of section 13 in relation to persons placed on probation before the commencement of that subsection or, as the case may be, that repeal.

3An establishment which immediately before the commencement of Part II of Schedule 1 to this Act is a day centre within the meaning of section 4B of the 1973 Act shall be treated as if, immediately after that commencement, it had been approved by the Secretary of State as a probation centre within the meaning of paragraph 3(7) of Schedule 1A to that Act.

4Paragraph 6 of Schedule 11 to this Act shall apply in relation to offenders convicted (but not sentenced) before the commencement of that paragraph as it applies to offenders convicted after that commencement.

Community orders: supplementalE+W

5(1)Paragraphs 3 and 4 of Schedule 2 to this Act shall apply in relation to pre-existing failures to comply with the requirements of probation orders or community service orders as if, in sub-paragraph (1)(a), for “£1,000” there were substituted “£400”.

(2)In this paragraph “pre-existing”, in relation to either of those paragraphs, means occurring before the commencement of that paragraph.

Financial penaltiesE+W

6None of sections 17 to 20 of this Act shall apply in relation to offences committed before the commencement of that section.

Increase of certain penaltiesE+W

7E+WNeither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.

Early release: generalE+W

8(1)In this paragraph and paragraphs 9 to 11 below—

• “existing licensee” means any person who, before the commencement of Part II of this Act, has been released on licence under section 60 of the 1967 Act and whose licence under that section is in force at that commencement;

• “existing prisoner” means any person who, at that commencement, is serving a custodial sentence;

and sub-paragraphs (2) to (7) below shall have effect subject to those paragraphs.

(2)Subject to sub-paragraphs (3) to (7) below, Part II of this Act shall apply in relation to an existing licensee as it applies in relation to a person who is released on licence under that Part; and in its application to an existing prisoner, or to an existing licensee who is recalled under section 39 of this Act, that Part shall apply with the modifications made by those sub-paragraphs.

(3)Section 40 of this Act shall not apply in relation to an existing prisoner or licensee.

(4)In relation to an existing prisoner whose sentence is for a term of twelve months, section 33(1) of this Act shall apply as if that sentence were for a term of less than twelve months.

(5)In relation to an existing prisoner or licensee whose sentence is for a term of —

(a)more than twelve months; and

(b)less than four years or, as the case may require, such other period as may for the time being be referred to in section 33(5) of this Act,

Part II of this Act shall apply as if he were or had been a long-term rather than a short-term prisoner.

(6)In relation to an existing prisoner or licensee whose sentence is for a term of more than twelve months—

(a)section 35(1) of this Act shall apply as if the reference to one half of his sentence were a reference to one-third of that sentence or six months, whichever is the longer; and

(b)sections 33(3) and 37(1) of this Act shall apply as if the reference to three-quarters of his sentence were a reference to two-thirds of that sentence.

(7)In relation to an existing prisoner or licensee—

(a)whose sentence is for a term of more than twelve months; and

(b)whose case falls within such class of cases as the Secretary of State may determine after consultation with the Parole Board,

section 35(1) of this Act shall apply as if the reference to a recommendation by the Board included a reference to a recommendation by a local review committee established under section 59(6) of the 1967 Act.

(8)In this paragraph “custodial sentence” means—

(a)a sentence of imprisonment;

(b)a sentence of detention in a young offender institution;

(c)a sentence of detention (whether during Her Majesty’s pleasure, for life or for a determinate term) under section 53 of the 1933 Act; or

(d)a sentence of custody for life under section 8 of the 1982 Act.

9(1)This paragraph applies where, in the case of an existing life prisoner, the Secretary of State certifies his opinion that, if—

(a)section 34 of this Act had been in force at the time when he was sentenced; and

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

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

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

(a)the existing life prisoner were a discretionary life prisoner for the purposes of that Part; and

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

(3)In this paragraph “existing life prisoner” means a person who, at the commencement of Part II of this Act, is serving one or more of the following sentences, namely—

(a)a sentence of life imprisonment;

(b)a sentence of detention during her Majesty’s pleasure or for life under section 53 of the 1933 Act; or

(c)a sentence of custody for life under section 8 of the 1982 Act.

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

10E+WPrison rules made by virtue of section 42 of this Act may include provision for applying any provisions of Part II of this Act, in relation to any existing prisoner or licensee who has forfeited any remission of his sentence, as if he had been awarded such number of additional days as may be determined by or under the rules.