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Criminal Justice and Court Services Act 2000

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Criminal Justice and Court Services Act 2000. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. The Act

    1. Explanatory Notes for the Criminal Justice and Court Services Act

  4. Background and Summary

    1. Part I: The New Services

      1. Chapter I: National Probation Service for England and Wales

      2. Chapter II : Children and Family Court Advisory and Support Service

    2. Part II: Protection of Children

      1. Indecency with Children Act 1960: Sections 39 and 40

      2. Indecent photographs of children: increase of maximum penalties: Section 41

    3. Part III: Dealing with Offenders

      1. Renaming certain community orders: Section 43, 44 and 45

      2. Electronic Monitoring: Sections 46, 50, 51, 52, 62, 63, and 65

      3. Drug Testing: Sections 47, 48, 49, 57, 58, 63, 64 and 70

      4. Breach of community orders: Sections 53, 54 and 55

      5. Final Warning Scheme: Section 56

      6. Abolition of sentences of detention in a young offender institution and custody for life: Sections 59 and 61

      7. Life sentences: tariffs: Section 60

      8. Sexual and violent offenders: Section 66, 67, 68, 69 and Schedule 5

    4. Part IV: General and Supplemental

      1. Access to driver licensing records: Section 71

      2. School attendance: Section 72

      3. Parenting orders: responsible officer: Section 73

  5. Commentary on Sections

    1. Part I: The New Services

      1. Chapter I: National Probation Service for England and Wales

        1. Sections 1 and 2: The New Service

        2. Section 3: Functions of the Secretary of State

        3. Section 4 and 5: Local administration of the service

        4. Section 6 and 7: The Inspectorate

        5. Section 8: Support Services - Powers to contract out

        6. Section 9: Approved premises

        7. Section 10: Default powers

      2. Chapter II : Children and Family Court Advisory and Support Service ()

        1. Section 11: Establishment of

        2. Section 12: The principal functions of

        3. Section 13: Other powers of

        4. Section 14: Provision of staff or services to other organisations

        5. Section 15: Right to conduct litigation and right of audience

        6. Section 16: Cross-examination of officers of the Service

          1. Section17: Inspection

      3. Chapter III : General

        1. Section 18: Definitions

        2. Section 19: Property

        3. Sections 20 and 21: Transfer of staff and effect of transfer

        4. Section 22: Effect of transfer of chief probation officers

        5. Section 23: Transfer of staff in consequence of arrangements under Part I

        6. Section 24: Provision for the protection of children

        7. Section 25: Interpretation of Part I

    2. Part II: Protection of Children

      1. Sections 26 and 27: Meaning of “offence against a child”

      2. Sections 28, 29 and 30: Disqualification from working with children

      3. Section 31: Appeals

      4. Section 32: Review of disqualification

      5. Section 33: Conditions for application for review

      6. Section 34: Restoration of a disqualification order

      7. Sections 35 and 36: Work in regulated positions

      8. Section 37: Disqualification in Scotland or Northern Ireland

      9. Section 38: Rehabilitation of offenders

      10. Sections 39 and 40: Indecency with Children Act 1960

      11. Section 41: Indecent photographs of children: increase of maximum penalties

    3. Part III: Dealing with Offenders

      1. Chapter I: Renaming certain community orders, new community orders, breach of community order, miscellaneous.

        1. Sections 43, 44 and 45: Renaming certain community orders

        2. Section 46: Exclusion orders

        3. Section 47: Drug Abstinence Orders

        4. Section 48: Pre-sentence drug testing

        5. Section 49: Community Sentences: drug abstinence requirements

        6. Section 50: Community sentences: curfew requirements

        7. Section 51: Community sentences: exclusion requirements

        8. Section 52: Community sentences: electronic monitoring of requirements

        9. Section 53: Breach of community orders: warning and punishment

        10. Section 54: Breach of community orders: failure to answer summons

        11. Section 55: Regulation of community orders

      2. Chapter II: Miscellaneous

        1. Section 56: Reprimands and warnings

        2. Section 57: Testing persons in police detention

        3. Section 58: Right to bail: relevance of drug misuse

        4. Section 59: Remand Centres

        5. Section 60: Life sentences: tariffs

        6. Section 61: Abolition of sentences of detention in a young offender institution and custody for life

        7. Sections 62, 63 and 64: Conditions or requirements of release of prisoners – electronic monitoring and drug testing

        8. Section 65: Short-term prisoners: release subject to curfew conditions

        9. Section 66: Amendments of the Sex Offenders Act 1997

        10. Section 67: Arrangements for assessing risks posed by certain offenders

        11. Section 68: Interpretation of Section 67

        12. Section 69: Duties of local probation boards in connection with victims of certain offences

          1. A.

            Duties imposed by Section 69

            1. B:

              Application of Section 69

      3. Chapter III: Supplementary

        1. Section 70: Interpretation

    4. Part IV: General and Supplementary

      1. Chapter I: General

        1. Section 71: Access to driver licensing records

        2. Section 72: Failure to secure regular attendance at school: increase in penalty

        3. Section 73: Parenting orders: responsible officer

    5. Schedule 1: Local Probation Boards

    6. Schedule 2:

    7. Schedule 3: Transfer of Property

    8. Schedule 4: Meaning of “offence against a child”

    9. Schedule 5: Amendments of the Sex Offenders Act 1997

    10. Schedule 6: Trigger Offences

  6. Territorial Extent

  7. Commencement

  8. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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