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Criminal Justice Act 2003

Changes over time for: Criminal Justice Act 2003 (without Schedules)

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  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to :

  • Pt. 3 omitted by 2022 c. 32 s. 118(2)
  • s. 142 heading words inserted by 2008 c. 4 s. 9(2)(a)
  • s. 259 cross-heading substituted by 2008 c. 4 s. 34(10)(a) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260 heading substituted by 2008 c. 4 s. 34(10)(b) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 142(2)(a) words repealed by 2008 c. 4 s. 9(2)(b) Sch. 28 Pt. 2
  • s. 142A inserted by 2008 c. 4 s. 9(1)
  • s. 143(4)(a) word inserted by S.I. 2019/780 reg. 26(2)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 143(4)(c) and word omitted by S.I. 2019/780 reg. 26(2)(a)(iii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 143(4)(aa) omitted by S.I. 2019/780 reg. 26(2)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 143(5)(a) words substituted by S.I. 2019/780 reg. 26(2)(b)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 143(5)(b) and word omitted by S.I. 2019/780 reg. 26(2)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 143(6) omitted by S.I. 2019/780 reg. 26(2)(c) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 144(3) words inserted by 2019 c. 17 s. 13(7)(a)
  • s. 144(5) words inserted by 2019 c. 17 s. 13(7)(b)
  • s. 148 excluded by 2000 c. 6 Sch. 3 para. 7(5) 8(3) (as substituted) by 2003 c. 44 Sch. 32 para. 125 (This amendment not applied to legislation.gov.uk. S.I. 2005/950, art. 4 (which commenced this effect) was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c). Sch. 32 para. 125 repealed (30.11.2009) without ever being in force by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, {Sch. 28 Pt. 1}; S.I. 2009/3074, {art. 2(u)(xxxi)})
  • s. 151(1) words substituted by 2008 c. 4 s. 11(4)(a)
  • s. 151(1)(a) substituted by 2008 c. 4 s. 11(4)(b)
  • s. 151(1)(b) substituted by 2009 c. 25 Sch. 17 para. 8(2)
  • s. 151(1)(b) words substituted by 2008 c. 4 s. 11(4)(c)
  • s. 151(3)(a) words inserted by 2008 c. 4 s. 11(6)
  • s. 151(3)(a) words substituted by 2008 c. 4 Sch. 4 para. 76(5)(b) (This amendment not applied to legislation.gov.uk. Words relevant to this amendment in s. 151(3)(a) still only prospectively inserted by 2008 c. 4, s. 11(6))
  • s. 151(4) words inserted by 2008 c. 4 s. 11(7)
  • s. 151(4) words substituted by 2008 c. 4 Sch. 4 para. 76(6) (This amendment not applied to legislation.gov.uk. Words relevant to this amendment in s. 151(4) still only prospectively inserted by 2008 c. 4, s. 11(7))
  • s. 151(5) words inserted by 2008 c. 4 s. 11(7)
  • s. 151(5) words substituted by 2008 c. 4 Sch. 4 para. 76(6) (This amendment not applied to legislation.gov.uk. Words relevant to this amendment in s. 151(5) still only prospectively inserted by 2008 c. 4, s. 11(7))
  • s. 151(6) words inserted by 2008 c. 4 s. 11(7)
  • s. 151(6) words substituted by 2008 c. 4 Sch. 4 para. 76(6) (This amendment not applied to legislation.gov.uk. Words relevant to this amendment in s. 151(6) still only prospectively inserted by 2008 c. 4, s. 11(7))
  • s. 156 excluded by 2000 c. 6 Sch. 3 para. 7(5) 8(3) (as substituted) by 2003 c. 44 Sch. 32 para. 125 (This amendment not applied to legislation.gov.uk. S.I. 2005/950, art. 4 (which commenced this effect) was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c). Sch. 32 para. 125 repealed (30.11.2009) without ever being in force by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, {Sch. 28 Pt. 1}; S.I. 2009/3074, {art. 2(u)(xxxi)})
  • s. 166(1)(a) words inserted by 2008 c. 4 s. 11(8)
  • s. 195 words substituted by 2006 c. 48 s. 34(2)
  • s. 197(1)(a)(i) words substituted by 2013 c. 22 Sch. 16 para. 15(a)(i) (This amendment not applied to legislation.gov.uk. S. 197 substituted (1.6.2014) by 2014 c. 11, ss. 14(1), 22(1); S.I. 2014/1287, art. 2(b))
  • s. 197(1)(a)(i) words substituted by 2013 c. 22 Sch. 16 para. 15(a)(ii) (This amendment not applied to legislation.gov.uk. S. 197 substituted (1.6.2014) by 2014 c. 11, ss. 14(1), 22(1); S.I. 2014/1287, art. 2(b))
  • s. 197(1)(a)(ii) words inserted by 2013 c. 22 Sch. 16 para. 15(b) (This amendment not applied to legislation.gov.uk. S. 197 substituted (1.6.2014) by 2014 c. 11, ss. 14(1), 22(1); S.I. 2014/1287, art. 2(b))
  • s. 215A excluded by 2006 c. 52 s. 183(1) (as amended) by 2013 c. 22 Sch. 16 para. 37(3)
  • s. 221(2)(a) word repealed by 2008 c. 4 Sch. 4 para. 92(a) Sch. 28 Pt. 1
  • s. 221(2)(b) repealed by 2008 c. 4 Sch. 4 para. 92(c) Sch. 28 Pt. 1
  • s. 224A(10) words omitted by S.I. 2019/780 reg. 26(3)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 224A(10) words omitted by S.I. 2019/780 reg. 26(3)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 224A(10) words substituted by S.I. 2019/780 reg. 26(3)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 224A(10) words substituted by S.I. 2019/780 reg. 26(3)(b)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • s. 237(1B) word omitted by 2021 c. 11 Sch. 13 para. 40(a)
  • s. 239(1)(b) words inserted by 2015 c. 2 Sch. 3 para. 6
  • s. 240A(9)(b) words omitted by 2022 c. 32 Sch. 16 para. 3(4)
  • s. 246(1) word repealed by 2004 c. 28 Sch. 11
  • s. 246(6) word repealed by 2004 c. 28 Sch. 11
  • s. 246(6) words repealed by 2004 c. 28 Sch. 11
  • s. 250(5A) words substituted by 2015 c. 2 Sch. 3 para. 7(2)
  • s. 250(5B) words inserted by 2015 c. 2 Sch. 3 para. 7(3)
  • s. 255B(2) words inserted by 2015 c. 2 s. 9(3)(a)
  • s. 255B(4) words substituted by 2015 c. 2 s. 9(3)(c)(i)
  • s. 255B(4) words substituted by 2015 c. 2 s. 9(3)(c)(ii)
  • s. 255B(5) substituted by 2015 c. 2 s. 9(3)(e)
  • s. 255C(2) words inserted by 2015 c. 2 s. 9(4)(a)
  • s. 255C(4) words substituted by 2015 c. 2 s. 9(4)(c)
  • s. 255C(5) substituted by 2015 c. 2 s. 9(4)(e)
  • s. 256 omitted by 2015 c. 2 s. 9(5)
  • s. 256A(2) words substituted by 2015 c. 2 s. 9(6)(b)(i)
  • s. 256A(2) words substituted by 2015 c. 2 s. 9(6)(b)(ii)
  • s. 256A(3) words substituted by 2015 c. 2 s. 9(6)(c)
  • s. 256A(4) words inserted by 2015 c. 2 s. 9(6)(e)
  • s. 256A(4) words substituted by 2015 c. 2 s. 9(6)(d)(i)
  • s. 256A(4)(b) substituted by 2015 c. 2 s. 9(6)(d)(ii)
  • s. 259A inserted by 2008 c. 4 s. 34(2) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260(1) words inserted by 2008 c. 4 s. 34(4)(b) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260(2B) words inserted by 2015 c. 2 Sch. 3 para. 8
  • s. 260(4)(a) words inserted by 2008 c. 4 s. 34(7)(a) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260(4)(b) words inserted by 2008 c. 4 s. 34(7)(c) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
  • s. 260(5) word inserted by 2022 c. 32 s. 130(4)
  • s. 261(5)(b) word inserted by 2022 c. 32 s. 130(5)
  • s. 264(1) word repealed by 2004 c. 28 Sch. 11
  • s. 268 words inserted by 2015 c. 2 Sch. 3 para. 9
  • s. 272(1) repealed by 2008 c. 4 Sch. 28 Pt. 3
  • s. 281 applied by 2004 c. 25 s. 10(3)
  • s. 282 applied by 2004 c. 25 s. 10(3)
  • s. 299 repealed by 2006 c. 47 Sch. 10
  • s. 300 restricted by 2008 c. 25 s. 56-58
  • s. 300(1) word substituted by 2008 c. 4 Sch. 26 para. 2(3)(a)(i)
  • s. 300(1)(b) repealed by 2008 c. 4 Sch. 26 para. 2(3)(a)(ii) Sch. 28 Pt. 2
  • s. 300(2) words repealed by 2008 c. 4 Sch. 26 para. 2(3)(b) Sch. 28 Pt. 2
  • s. 300(2)(a) word repealed by 2008 c. 4 Sch. 28 Pt. 2
  • s. 300(2)(c) words substituted by 2022 c. 32 Sch. 13 para. 6(1)(a)(2)
  • s. 305(1) words inserted by 2004 c. 28 Sch. 10 para. 64
  • s. 305(1) words inserted by 2006 c. 48 s. 34(6)
  • s. 330(5)(a) words inserted by 2006 c. 48 s. 17(5)(a)
  • s. 330(5)(a) words inserted by 2015 c. 2 s. 10(2)
  • s. 330(5)(a) words omitted by 2022 c. 32 Sch. 11 para. 31(a)
  • s. 330(5)(aa) omitted by 2022 c. 32 Sch. 11 para. 31(b)
  • Sch. 3 para. 57(2) repealed by 2008 c. 4 Sch. 28 Pt. 4
  • Sch. 3 para. 59 repealed by 2009 c. 25 Sch. 23 Pt. 1
  • Sch. 8 para. 9(1) word substituted by 2012 c. 10 s. 67(2)(a) (This amendment not applied to legislation.gov.uk. S. 67(2)(a) omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 22(1); S.I. 2013/2981, art. 2(d))
  • Sch. 8 para. 10(1) word substituted by 2012 c. 10 s. 67(5)(a) (This amendment not applied to legislation.gov.uk. S. 67(5)(a) omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 22(1); S.I. 2013/2981, art. 2(d))
  • Sch. 15B Pt. 4 heading words omitted by S.I. 2019/780 reg. 26(4)(a)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • Sch. 15B Pt. 4 heading words substituted by S.I. 2019/780 reg. 26(4)(a)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • Sch. 15B para. 49 words substituted by S.I. 2019/780 reg. 26(4)(b)(i) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • Sch. 15B para. 49 words substituted by S.I. 2019/780 reg. 26(4)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
  • Sch. 20A para. 6(5) omitted by 2015 c. 2 s. 9(7)
  • Sch. 20B para. 37(2) words inserted by 2015 c. 2 Sch. 3 para. 11(a)
  • Sch. 20B para. 37(2) words substituted by 2015 c. 2 Sch. 3 para. 11(b)
  • Sch. 25 para. 1 2 and cross-heading repealed by 2022 c. 32 s. 81(3)(g)(i)
  • Sch. 26 para. 27 repealed by 2006 c. 38 Sch. 5
  • Sch. 30 repealed by 2006 c. 47 Sch. 10
  • Sch. 32 para. 99 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 122 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 123(3) coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 123(5) coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 125 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 8(2)(a) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 107 repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 123(3) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 123(8) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 145 146 and cross-heading repealed by 2022 c. 32 s. 81(3)(g)(ii)
  • Sch. 36 para. 50 repealed by 2008 c. 4 Sch. 28 Pt. 4
  • specified provision(s) amendment to earlier commencing SI 2012/2574, Sch. by S.I. 2012/2761 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1E+WAmendments of Police and Criminal Evidence Act 1984

1Extension of powers to stop and searchE+W

(1)In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60).

(2)In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited article), at the end of paragraph (d) there is inserted ; and

(e)offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).

2Warrants to enter and searchE+W

In section 16 of the 1984 Act (execution of warrants), after subsection (2) there is inserted—

(2A)A person so authorised has the same powers as the constable whom he accompanies in respect of—

(a)the execution of the warrant, and

(b)the seizure of anything to which the warrant relates.

(2B)But he may exercise those powers only in the company, and under the supervision, of a constable.

3Arrestable offencesE+W

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Bail elsewhere than at police stationE+W

(1)Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.

(2)For subsection (1) there is substituted—

(1)Subsection (1A) applies where a person is, at any place other than a police station—

(a)arrested by a constable for an offence, or

(b)taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A)The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B)Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7) (release without bail).

(3)In subsection (2) for “subsection (1)” there is substituted “ subsection (1A) ”.

(4)For subsection (7) there is substituted—

(7)A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A)The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A.

(5)For subsections (10) and (11) there is substituted—

(10)Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.

(10A)The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11)Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail.

(6)In subsection (12) for “subsection (1)” there is substituted “ subsection (1A) or section 30A ”.

(7)After section 30 there is inserted—

30ABail elsewhere than at police station

(1)A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(2)A person may be released on bail under subsection (1) at any time before he arrives at a police station.

(3)A person released on bail under subsection (1) must be required to attend a police station.

(4)No other requirement may be imposed on the person as a condition of bail.

(5)The police station which the person is required to attend may be any police station.

30BBail under section 30A: notices

(1)Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.

(2)The notice must state—

(a)the offence for which he was arrested, and

(b)the ground on which he was arrested.

(3)The notice must inform him that he is required to attend a police station.

(4)It may also specify the police station which he is required to attend and the time when he is required to attend.

(5)If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.

(6)The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.

(7)He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.

30CBail under section 30A: supplemental

(1)A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.

(2)If a person is required to attend a police station which is not a designated police station he must be—

(a)released, or

(b)taken to a designated police station,

not more than six hours after his arrival.

(3)Nothing in the Bail Act 1976 applies in relation to bail under section 30A.

(4)Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.

30DFailure to answer to bail under section 30A

(1)A constable may arrest without a warrant a person who—

(a)has been released on bail under section 30A subject to a requirement to attend a specified police station, but

(b)fails to attend the police station at the specified time.

(2)A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.

(3)In subsection (1), “specified” means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.

(4)For the purposes of—

(a)section 30 (subject to the obligation in subsection (2)), and

(b)section 31,

an arrest under this section is to be treated as an arrest for an offence.

5Drug testing for under-eighteensE+W

(1)The 1984 Act is amended as follows.

(2)In section 38 (duties of custody officer after charge)—

(a)in subsection (1)—

(i)for sub-paragraph (iiia) of paragraph (a) there is substituted—

(iiia)except in a case where (by virtue of subsection (9) of section 63B below) that section does not apply, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under that section;,

(ii)in sub-paragraph (i) of paragraph (b), after “satisfied” there is inserted “ (but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age) ”,

(b)in subsection (6A), after the definition of “local authority accommodation” there is inserted—

minimum age” means the age specified in section 63B(3) below;.

(3)In section 63B (testing for presence of Class A drugs)—

(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after subsection (5) there is inserted—

(5A)In the case of a person who has not attained the age of 17—

(a)the making of the request under subsection (4) above;

(b)the giving of the warning and (where applicable) the information under subsection (5) above; and

(c)the taking of the sample,

may not take place except in the presence of an appropriate adult.,

(c)after subsection (6) there is inserted—

(6A)The Secretary of State may by order made by statutory instrument amend subsection (3) above by substituting for the age for the time being specified a different age specified in the order.

(6B)A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.,

(d)after subsection (8) there is inserted—

(9)In relation to a person who has not attained the age of 18, this section applies only where—

(a)the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the person is in police detention; and

(b)the notice has not been withdrawn.

(10)In this section—

appropriate adult”, in relation to a person who has not attained the age of 17, means—

(a)his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or

(b)a social worker of a local authority social services department; or

(c)if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

relevant chief officer” means—

(a)in relation to a police area, the chief officer of police of the police force for that police area; or

(b)in relation to a police station, the chief officer of police of the police force for the police area in which the police station is situated.

Textual Amendments

Commencement Information

I1S. 5 wholly in force at 1.12.2005; s. 5 not in force at Royal Assent, see s. 336(3); s. 5 in force for certain purposes at 1.8.2004 by S.I. 2004/1867, art. 2; s. 5 in force in so far as not already in force at 1.12.2005 by S.I. 2005/3055, art. 2

6Use of telephones for review of police detentionE+W

For section 40A(1) and (2) of the 1984 Act (use of telephone for review under s.40) there is substituted—

(1)A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.

(2)But subsection (1) does not apply if—

(a)the review is of a kind authorised by regulations under section 45A to be carried out using video-conferencing facilities; and

(b)it is reasonably practicable to carry it out in accordance with those regulations.

7Limits on period of detention without chargeE+W

In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted—

(b)an offence for which he is under arrest is an arrestable offence; and.

8Property of detained personsE+W

(1)In subsection (1) of section 54 of the 1984 Act (which requires the custody officer at a police station to ascertain and record everything which a detained person has with him), there is omitted “and record or cause to be recorded”.

(2)For subsection (2) of that section (record of arrested person to be made as part of custody record) there is substituted—

(2)The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).

(2A)In the case of an arrested person, any such record may be made as part of his custody record.

9Taking fingerprints without consentE+W

(1)Section 61 of the 1984 Act (fingerprinting) is amended as follows.

(2)For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—

(3)The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a)he is detained in consequence of his arrest for a recordable offence; and

(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(4)The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(3)In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to “subsection (3) above” there is substituted “ Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police ”.

(4)In subsection (5) (authorisation to be given or confirmed in writing) for “subsection (3)(a) or (4A)” there is substituted “ subsection (4A) ”.

(5)In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “ subsection (3), (4) or (6) ”.

Commencement Information

I2S. 9 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

10Taking non-intimate samples without consentE+W

(1)Section 63 of the 1984 Act (other samples) is amended as follows.

(2)After subsection (2) (consent to be given in writing) there is inserted—

(2A)A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.

(2B)The first is that the person is in police detention in consequence of his arrest for a recordable offence.

(2C)The second is that—

(a)he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or

(b)he has had such a sample taken but it proved insufficient.

(3)In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police detention or” are omitted.

(4)In subsection (3A) (taking of samples without appropriate consent after charge) for “(whether or not he falls within subsection (3)(a) above)” there is substituted “ (whether or not he is in police detention or held in custody by the police on the authority of a court) ”.

(5)In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ”.

Commencement Information

I3S. 10 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

11Codes of practiceE+W

(1)In section 67 of the 1984 Act (supplementary provisions about codes), for subsections (1) to (7C) there is substituted—

(1)In this section, “code” means a code of practice under section 60, 60A or 66.

(2)The Secretary of State may at any time revise the whole or any part of a code.

(3)A code may be made, or revised, so as to—

(a)apply only in relation to one or more specified areas,

(b)have effect only for a specified period,

(c)apply only in relation to specified offences or descriptions of offender.

(4)Before issuing a code, or any revision of a code, the Secretary of State must consult—

(a)persons whom he considers to represent the interests of police authorities,

(b)persons whom he considers to represent the interests of chief officers of police,

(c)the General Council of the Bar,

(d)the Law Society of England and Wales,

(e)the Institute of Legal Executives, and

(f)such other persons as he thinks fit.

(5)A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

(6)The power conferred by subsection (5) is exercisable by statutory instrument.

(7)An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7A)An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(7B)When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7C)No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(7D)An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.

(2)Section 113 of the 1984 Act (application of Act to armed forces) is amended as follows.

(3)After subsection (3) there is inserted—

(3A)In subsections (4) to (10), “code” means a code of practice under subsection (3).

(4)For subsections (5) to (7) there is substituted—

(5)The Secretary of State may at any time revise the whole or any part of a code.

(6)A code may be made, or revised, so as to—

(a)apply only in relation to one or more specified areas,

(b)have effect only for a specified period,

(c)apply only in relation to specified offences or descriptions of offender.

(7)The Secretary of State must lay a code, or any revision of a code, before Parliament.

12Amendments related to Part 1E+W

Schedule 1 (which makes amendments related to the provisions of this Part) has effect.

Part 2E+WBail

13Grant and conditions of bailE+W

(1)In section 3(6) of the 1976 Act (which sets out cases where bail conditions may be imposed)—

(a)the words “to secure that” are omitted,

(b)the words “to secure that” are inserted at the beginning of each of paragraphs (a) to (e),

(c)after paragraph (c) there is inserted—

(ca)for his own protection or, if he is a child or young person, for his own welfare or in his own interests,,

(d)for “or (c)” there is substituted “ , (c) or (ca) ”.

(2)In section 3A(5) of the 1976 Act (no conditions may be imposed under section 3(4), (5), (6) or (7) unless necessary for certain purposes)—

(a)the words “for the purpose of preventing that person from” are omitted,

(b)the words “for the purpose of preventing that person from” are inserted at the beginning of each of paragraphs (a) to (c),

(c)after paragraph (c) there is inserted or

(d)for that person’s own protection or, if he is a child or young person, for his own welfare or in his own interests.

(3)In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (no conditions may be imposed under section 3(4) to (7) unless necessary to do so for certain purposes) for the words from “that it is necessary to do so” onwards there is substituted that it is necessary to do so—

(a)for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2(1) of this Part of this Schedule, or

(b)for the defendant’s own protection or, if he is a child or young person, for his own welfare or in his own interests.

(4)For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—

The defendant need not be granted bail if—

(a)having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and

(b)the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).

Commencement Information

I4S. 13 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

14Offences committed on bailE+W

(1)For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail where he was on bail on date of offence) there is substituted—

2A(1)If the defendant falls within this paragraph he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).

(2)The defendant falls within this paragraph if—

(a)he is aged 18 or over, and

(b)it appears to the court that he was on bail in criminal proceedings on the date of the offence.

(2)After paragraph 9 of that Part there is inserted—

9AA(1)This paragraph applies if—

(a)the defendant is under the age of 18, and

(b)it appears to the court that he was on bail in criminal proceedings on the date of the offence.

(2)In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the court shall give particular weight to the fact that the defendant was on bail in criminal proceedings on the date of the offence.

Commencement Information

I5S. 14 partly in force; s. 14 not in force at Royal Assent, see s. 336(3); s. 14 in force for certain purposes at 1.1.2007 by S.I. 2006/3217, art. 2 (subject to art. 3)

15 Absconding by persons released on bailE+W

(1)For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—

6(1)If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody.

(2)Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—

(a)he is aged 18 or over, and

(b)it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.

(3)Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.

(4)For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.

(2)After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—

9AB(1)Subject to sub-paragraph (2) below, this paragraph applies if—

(a)the defendant is under the age of 18, and

(b)it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.

(2)Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.

(3)In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—

(a)where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or

(b)where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.

(4)For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.

(3)In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—

(10)Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.

(11)Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the “relevant offence”) unless either or both of subsections (12) and (13) below applies.

(12)This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.

(13)This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.

(14)Those events are—

(a)the person surrenders to custody at the appointed place;

(b)the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail;

(c)the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail.

Commencement Information

I6S. 15 partly in force; s. 15 not in force at Royal Assent, see s. 336(3); s. 15(3) in force at 5.4.2004 by S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)); s. 15(1)(2) in force for certain purposes at 1.1.2007 by S.I. 2006/3217, art. 2 (subject to art. 3)

16Appeal to Crown CourtE+W

(1)This section applies where a magistrates' court grants bail to a person (“the person concerned”) on adjourning a case under—

(a)section 10 of the Magistrates' Courts Act 1980 (c. 43) (adjournment of trial),

(b)section 17C of that Act (intention as to plea: adjournment),

(c)section 18 of that Act (initial procedure on information against adult for offence triable either way),

(d)section 24C of that Act (intention as to plea by child or young person: adjournment),

(e)section 52(5) of the Crime and Disorder Act 1998 (c. 37) (adjournment of proceedings under section 51 etc), or

(f)section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (remand for medical examination).

(2)Subject to the following provisions of this section, the person concerned may appeal to the Crown Court against any condition of bail falling within subsection (3).

(3)A condition of bail falls within this subsection if it is a requirement—

(a)that the person concerned resides away from a particular place or area,

(b)that the person concerned resides at a particular place other than a bail hostel,

(c)for the provision of a surety or sureties or the giving of a security,

(d)that the person concerned remains indoors between certain hours,

(e)imposed under section 3(6ZAA) of the 1976 Act (requirements with respect to electronic monitoring), or

(f)that the person concerned makes no contact with another person.

(4)An appeal under this section may not be brought unless subsection (5) or (6) applies.

(5)This subsection applies if an application to the magistrates' court under section 3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was made and determined before the appeal was brought.

(6)This subsection applies if an application to the magistrates' court—

(a)under section 3(8)(b) of the 1976 Act (application by constable or prosecutor), or

(b)under section 5B(1) of that Act (application by prosecutor),

was made and determined before the appeal was brought.

(7)On an appeal under this section the Crown Court may vary the conditions of bail.

(8)Where the Crown Court determines an appeal under this section, the person concerned may not bring any further appeal under this section in respect of the conditions of bail unless an application or a further application to the magistrates' court under section 3(8)(a) of the 1976 Act is made and determined after the appeal.

Commencement Information

I7S. 16 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

17Appeals to High CourtE+W

(1)In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)—

(a)after “Where” there is inserted “ (a) ”, and

(b)after “proceedings,”, in the second place where it occurs, there is inserted and

(b)it does so where an application to the court to state a case for the opinion of the High Court is made,.

(2)The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court—

(a)has granted or withheld bail, or

(b)has varied the conditions of bail,

is abolished.

(3)The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined—

(a)an application under section 3(8) of the 1976 Act, or

(b)an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act 1981 (c. 54),

is abolished.

(4)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act.

(5)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.

(6)Nothing in this section affects—

(a)any other power of the High Court to grant or withhold bail or to vary the conditions of bail, or

(b)any right of a person to apply for a writ of habeas corpus or any other prerogative remedy.

(7)Any reference in this section to an application in relation to bail is to be read as including—

(a)an application for bail to be granted,

(b)an application for bail to be withheld,

(c)an application for the conditions of bail to be varied.

(8)Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.

Commencement Information

I8S. 17 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

18Appeal by prosecutionE+W

(1)Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal) is amended as follows.

(2)For subsection (1) (prosecution may appeal to Crown Court judge against bail in case of offence punishable by imprisonment for five years or more etc) there is substituted—

(1)Where a magistrates' court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to a judge of the Crown Court against the granting of bail.

(3)In subsection (10)(a) for “punishable by a term of imprisonment” there is substituted “ punishable by imprisonment ”.

Commencement Information

I9S. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 1 (subject to art. 2(2), Sch. 2)

19Drug users: restriction on bailE+W

(1)The 1976 Act is amended as follows.

(2)In section 3 (general provisions), after subsection (6B) there is inserted—

(6C)Subsection (6D) below applies where—

(a)the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; and

(b)the notice has not been withdrawn.

(6D)In the case of a person (“P”)—

(a)in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of Part 1 of Schedule 1 to this Act apply;

(b)who, after analysis of the sample referred to in paragraph (b) of that paragraph, has been offered a relevant assessment or, if a relevant assessment has been carried out, has had relevant follow-up proposed to him; and

(c)who has agreed to undergo the relevant assessment or, as the case may be, to participate in the relevant follow-up,

the court, if it grants bail, shall impose as a condition of bail that P both undergo the relevant assessment and participate in any relevant follow-up proposed to him or, if a relevant assessment has been carried out, that P participate in the relevant follow-up.

(6E)In subsections (6C) and (6D) above—

(a)relevant assessment” means an assessment conducted by a suitably qualified person of whether P is dependent upon or has a propensity to misuse any specified Class A drugs;

(b)relevant follow-up” means, in a case where the person who conducted the relevant assessment believes P to have such a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency or propensity, as the person who conducted the relevant assessment (or conducts any later assessment) considers to be appropriate in P’s case,

and in paragraph (a) above “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

(6F)In subsection (6E)(a) above, “suitably qualified person” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection.

(3)In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)” there is substituted “ and (6A) to (6F) ”.

(4)In Schedule 1 (which contains supplementary provisions about bail), in Part 1 (imprisonable offences)—

(a)after paragraph 6 there is inserted—

6AException applicable to drug users in certain areas

Subject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).

6BException applicable to drug users in certain areas

(1)A defendant falls within this paragraph if—

(a)he is aged 18 or over;

(b)a sample taken—

(i)under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or

(ii)under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),

has revealed the presence in his body of a specified Class A drug;

(c)either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—

(i)that misuse by him of any specified Class A drug caused or contributed to the offence; or

(ii)(even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and

(d)the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.

(2)The condition referred to is that after the taking and analysis of the sample—

(a)a relevant assessment has been offered to the defendant but he does not agree to undergo it; or

(b)he has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.

(3)In this paragraph and paragraph 6C below—

(a)Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971;

(b)relevant assessment” and “relevant follow-up” have the meaning given by section 3(6E) of this Act;

(c)specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

6CException applicable to drug users in certain areas

Paragraph 6A above does not apply unless—

(a)the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the defendant would reside if granted bail; and

(b)the notice has not been withdrawn.,

(b)in paragraph 8(1), for “(4) to (7)” there is substituted “ (4) to (6B) or (7) ”.

Commencement Information

I10S. 19 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

20Supplementary amendments to the Bail Act 1976E+W

(1)In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to bail of defendant accused or convicted of imprisonable offence) the existing text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that sub-paragraph (as so re-numbered) there is inserted—

(2)Where the defendant falls within one or more of paragraphs 2A, 6 and 6B of this Part of this Schedule, this paragraph shall not apply unless—

(a)where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;

(b)where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;

(c)where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule or paragraph 6A does not apply by virtue of paragraph 6C of this Part of this Schedule.

(2)In paragraph 9 of that Part (matters to be taken into account in making decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is substituted “ 2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A, ”.

Commencement Information

I11S. 20 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

21Interpretation of Part 2E+W

In this Part—

  • bail” means bail in criminal proceedings (within the meaning of the 1976 Act),

  • bail hostel” has the meaning given by section 2(2) of the 1976 Act,

  • the 1976 Act” means the Bail Act 1976 (c. 63),

  • vary” has the same meaning as in the 1976 Act.

Commencement Information

I12S. 21 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

Part 3E+WConditional cautions

Modifications etc. (not altering text)

22Conditional cautionsE+W

(1)An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.

(2)In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

[F3(3)The conditions which may be attached to [F4any conditional caution] are those which have one or more of the following objects—

(a)facilitating the rehabilitation of the offender;

(b)ensuring that the offender makes reparation for the offence;

(c)punishing the offender.]

[F5(3A)The conditions which may be attached to a conditional caution include—

(a)(subject to section 23A) a condition that the offender pay a financial penalty;

(b)a condition that the offender attend at a specified place at specified times.

Specified” means specified [F6in the condition] .

(3B)Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(3C)The Secretary of State may by order amend subsection (3B) by substituting a different figure.]

[F7(3D)A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)).

(3E)The objects are—

(a)bringing about the departure of the relevant foreign offender from the United Kingdom;

(b)ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.

(3F)If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

(3G)In this section “relevant foreign offender” means—

(a)an offender directions for whose removal from the United Kingdom have been, or may be, given under—

(i)Schedule 2 to the Immigration Act 1971, or

(ii)section 10 of the Immigration and Asylum Act 1999, or

(b)an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.]

(4)In this Part “authorised person” means—

(a)a constable,

(b)an investigating officer, or

(c)a person authorised by a relevant prosecutor for the purposes of this section.

Textual Amendments

F3S. 22(3) substituted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(2), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)

F5S. 22(3A)-(3C) inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 for specified purposes) by Police and Justice Act 2006 (c. 48), ss. 17(3), 53(1); S.I. 2009/1679, art. 2(1)(2)(4); S.I. 2009/2774, art. 2(1)(2)(3); S.I. 2013/592, art. 2(1)(2)

23The five requirementsE+W

(1)The first requirement is that the authorised person has evidence that the offender has committed an offence.

(2)The second requirement is that a relevant prosecutor [F8or the authorised person ] decides—

(a)that there is sufficient evidence to charge the offender with the offence, and

(b)that a conditional caution should be given to the offender in respect of the offence.

(3)The third requirement is that the offender admits to the authorised person that he committed the offence.

(4)The fourth requirement is that the authorised person explains the effect of the conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.

(5)The fifth requirement is that the offender signs a document which contains—

(a)details of the offence,

(b)an admission by him that he committed the offence,

(c)his consent to being given the conditional caution, and

(d)the conditions attached to the caution.

[F923ZADuty to consult victimsE+W

(1)Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.

(2)If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.

(3)Where—

(a)there is more than one victim and they express different views, or

(b)for any other reason subsection (2) does not apply,

the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.

(4)In this section—

  • community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;

  • victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.]

Textual Amendments

[F1023AFinancial penaltiesE+W

(1)A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

(2)An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

(3)The amount that may be prescribed in respect of any offence [F11(other than one to which subsection (4A) applies)] must not exceed—

(a)one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or

(b)£250,

whichever is the lower.

(4)The Secretary of State may by order amend subsection (3) by—

(a)substituting a different fraction in paragraph (a);

(b)substituting a different figure in paragraph (b).

[F12(4A)In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).]

(5)Where a financial penalty condition is attached to a conditional caution, [F13the condition must] specify—

(a)the amount of the penalty,

[F14(b)the person to whom the financial penalty is to be paid and how it may be paid.]

(6)To comply with the condition, the offender must pay the penalty [F15in accordance with the provision specified under subsection (5)(b)].

[F16(6A)Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.]

(7)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F10S. 23A inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(4), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)

F14S. 23A(5)(b) substituted for s. 23A(5)(b)(c) (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(2); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

F15Words in s. 23A(6) substituted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(3); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

F16S. 23A(6A) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(4); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)

[F1823BVariation of conditionsE+W

A relevant prosecutor [F19 or an authorised person ] may, with the consent of the offender, vary the conditions attached to a conditional caution by—

(a)modifying or omitting any of the conditions;

(b)adding a condition.]

24Failure to comply with conditionsE+W

(1)If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, criminal proceedings may be instituted against the person for the offence in question.

(2)The document mentioned in section 23(5) is to be admissible in such proceedings.

(3)Where such proceedings are instituted, the conditional caution is to cease to have effect.

[F2024AArrest for failure to complyE+W

(1)If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

(2)A person arrested under this section must be—

(a)charged with the offence in question,

[F21(b)released without charge and on bail if—

(i)the release is to enable a decision to be made as to whether the person should be charged with the offence, and

(ii)the pre-conditions for bail are satisfied, or

(c)released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.]

(3)Subsection (2) also applies in the case of—

(a)a person who, having been released on bail under [F22subsection (2)(b)], returns to a police station to answer bail or is otherwise in police detention at a police station;

(b)a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;

(c)a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.

(4)Where a person is released under [F23subsection (2)(b)], the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.

(5)A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—

(a)to enable him to be dealt with in accordance with that subsection, or

(b)where applicable, to enable the power under [F24section 47(4A)] of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.

If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.

(6)The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.

(7)Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(8)Subsection (2) does not require a person who—

(a)falls within subsection (3)(a) or (b), and

(b)is in police detention in relation to a matter other than the conditional caution,

to be released if he is liable to be kept in detention in relation to that other matter.

[F25(8A)In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.]

(9)In this Part—

  • the 1984 Act” means the Police and Criminal Evidence Act 1984;

  • police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act).

Textual Amendments

F24Words in s. 24A(5)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(8)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F25S. 24A(8A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 60(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

Modifications etc. (not altering text)

C2S. 24A(1) applied by 1998 c. 37, s. 66E(4) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

C3Ss. 24A(2)-(9) applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

24BApplication of PACE provisionsE+W

(1)In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

(2)The provisions are—

(a)section 30 (arrest elsewhere than at police station);

(b)sections 30A to 30D (bail elsewhere than at police station);

(c)section 31 (arrest for further offence);

(d)section 34(1) to [F26(5E)] (limitations on police detention);

(e)section 36 (custody officers at police stations);

(f)section 37(4) to [F27(6C)] (record of grounds for detention);

(g)section 38 (duties of custody officer after charge);

(h)section 39 (responsibilities in relation to persons detained);

(i)section 55A (x-rays and ultrasound scans).

(3)The modifications are—

[F28(za)in section 30CA, omit subsections (4A) to (4D)];

(a)[F29in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence] substitute a reference to being involved—

(i)in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii)in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(b)in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—

(i)in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii)in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(c)in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;

(d)in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution.

(4)Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

(a)omit subsections (8) and (8A);

(b)in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above.

(5)The following provisions of the 1984 Act apply to a person released on bail under [F30section 24A(2)(b)] above as they apply to a person released on bail under section 37 of that Act—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 46A (power of arrest for failure to answer to police bail);

(c)section 47 (bail after arrest) [F32except subsections (4D) and (4E)] .

(6)Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

(7)Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—

(a)in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”;

(b)in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”.]

Textual Amendments

F26Word in s. 24B(2)(d) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(10)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F27Word in s. 24B(2)(f) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(10)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

F31S. 24B(5)(a) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 64(8)(b)(i), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F32Words in s. 24B(5)(c) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(8)(b)(ii), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

Modifications etc. (not altering text)

C4S. 24B applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))

25Code of practiceE+W

(1)The Secretary of State must prepare a code of practice in relation to conditional cautions.

(2)The code may, in particular, include provision as to—

(a)the circumstances in which conditional cautions may be given,

(b)the procedure to be followed in connection with the giving of such cautions,

(c)the conditions which may be attached to such cautions and the time for which they may have effect,

(d)the category of constable or investigating officer by whom such cautions may be given,

(e)the persons who may be authorised by a relevant prosecutor for the purposes of section 22,

(f)the form which such cautions are to take and the manner in which they are to be given and recorded,

(g)the places where such cautions may be given, F33. . .

[F34(ga)the provision which may be made [F35in a condition] under section 23A(5)(b),]

(h)the monitoring of compliance with conditions attached to such cautions.

[F36(i)the exercise of the power of arrest conferred by section 24A(1), and

(j)who is to decide how a person should be dealt with under section 24A(2).]

(3)After preparing a draft of the code the Secretary of State—

(a)must publish the draft,

(b)must consider any representations made to him about the draft, and

(c)may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

(4)After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

(5)When he has done so he may bring the code into force by order.

(6)The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7)Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Textual Amendments

F33Word in s. 25(2) repealed (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 2; S.I. 2007/709, art. 3(o)(t)(iii); S.I. 2007/1614, art. 2(j)

F34S. 25(2)(ga) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 62; S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(d)(ii)

F36S. 25(2)(i)(j) inserted (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 58; S.I. 2007/709, art. 3(o)(p); S.I. 2007/1614, art. 2(i)

26Assistance of National Probation ServiceE+W

(1)Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.

(2)After subsection (1) there is inserted—

(1A)This Chapter also has effect for the purposes of providing for—

(a)authorised persons to be given assistance in determining whether conditional cautions should be given and which conditions to attach to conditional cautions, and

(b)the supervision and rehabilitation of persons to whom conditional cautions are given.

(3)After subsection (3) there is inserted—

(4)In this section “authorised person” and “conditional caution” have the same meaning as in Part 3 of the Criminal Justice Act 2003.

27Interpretation of Part 3E+W

In this Part—

  • authorised person” has the meaning given by section 22(4),

  • conditional caution” has the meaning given by section 22(2),

  • investigating officer” means [F37an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or] a person designated as [F38a policing support officer or a policing support volunteer] under section 38 of the Police Reform Act 2002 (c. 30),

  • the offender” has the meaning given by section 22(1),

  • relevant prosecutor” means—

    (a)

    the Attorney General,

    (b)

    the Director of the Serious Fraud Office,

    (ba)

    F39...

    (c)

    the Director of Public Prosecutions,

    (d)

    a Secretary of State,

    (e)

    F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (f)

    F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (g)

    a person who is specified in an order made by the Secretary of State as being a relevant prosecutor for the purposes of this Part.

Textual Amendments

F38Words in s. 27 substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 16(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I 2017/1162, reg. 2)

Commencement Information

I13S. 27 wholly in force; s. 27 not in force at Royal Assent, see s. 336(3); s. 27 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2; s. 27 wholly in force at 16.11.2009 by S.I. 2009/2775, art. 2

Part 4E+WCharging etc

28Charging or release of persons in police detentionE+W

Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.

Commencement Information

I14S. 28 wholly in force at 1.10.2007; s. 28 not in force at Royal Assent, see s. 336(3); s. 28 in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4; s. 28 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2 and s. 28 in force for certain further purposes at 1.10.2007 by S.I. 2007/2874, art. 2(1)(2)(a)

29[F41Instituting proceedings by written charge]E+W

(1)A [F42relevant prosecutor] may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

[F43(2)Where a relevant prosecutor issues a written charge, it must at the same time issue—

(a)a requisition, or

(b)a single justice procedure notice.

[F44(2AA)A single justice procedure notice may be issued only if—

(a)the offence is a summary offence not punishable with imprisonment, and

(b)the person being charged has attained the age of 18, or is not an individual.]

(2A)A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.

(2B)A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

(a)whether the person desires to plead guilty or not guilty, and

(b)if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.]

[F45(2C)Subsection (2D) applies if—

(a)the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and

(b)the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980).

(2D)The single justice procedure notice must also explain—

(a)the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and

(b)that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.

(2E)The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b).]

(3)[F46Where a relevant prosecutor issues a written charge and a requisition, the] written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.

[F47(3A)Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.

(3B)If a single justice procedure notice is served on a person, the relevant prosecutor must—

(a)at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and

(b)serve copies of those documents on the designated officer specified in the notice.]

[F48(3C)The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.]

(4)[F49A relevant prosecutor authorised to issue a requisition] is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).

(5)In this section [F50relevant prosecutor] means—

(a)a police force or a person authorised by a police force to institute criminal proceedings,

(b)the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,

(c)the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,

F51(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52(cb)the [F53Director General of the National Crime Agency] or a person authorised by him to institute criminal proceedings;]

(d)the Attorney General or a person authorised by him to institute criminal proceedings,

(e)a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,

(f)the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,

(g)the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or

(h)a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.

[F54(5A)An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—

(a)are authorised to issue written charges, requisitions and single justice procedure notices, or

(b)are authorised to issue only written charges and single justice procedure notices.]

(6)In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).

Textual Amendments

F43S. 29(2)-(2B) substituted for s. 29(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(3), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37

F53Words in s. 29(5)(cb) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 187; S.I. 2013/1682, art. 3(v)

Commencement Information

I15S. 29 partly in force; s. 29 not in force at Royal Assent, see s. 336(3); s. 29(1)-(3) (5) (6) in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 29(1)-(3) (5) (6) in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011 and 3.10.2011 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3; s. 29(1)-(3)(5) in force for certain further purposes at 19.3.2012 by S.I. 2012/825, art. 2; s. 29(1)-(3)(5)(6) in force at 1.4.2014 for specified purposes by S.I. 2014/633, art. 2

30Further provision about [F55written charges] E+W

(1)[F56Criminal Procedure Rules] may make—

(a)provision as to the form, content, recording, authentication and service of written charges[F57, requisitions or single justice procedure notices], and

(b)such other provision in relation to written charges[F58, requisitions or single justice procedure notices] as appears to the [F59Criminal Procedure Rule Committee] to be necessary or expedient.

(2)Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—

(a)which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,

(b)for or in connection with the issue of further requisitions [F60or further single justice procedure notices].

(3)F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in section 29 affects—

(a)the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),

(b)the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or

(c)any power to charge a person with an offence whilst he is in custody.

(5)Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—

(a)any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),

(b)any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a [F62relevant prosecutor] issuing a requisition)[F63, and

(c)any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).]

(6)Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.

(7)The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.

[F64(7A)The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

(a)a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and

(b)a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.]

(8)In this section [F65 relevant prosecutor], “requisition[F66, “single justice procedure notice] and “written charge” have the same meaning as in section 29.

Textual Amendments

Commencement Information

I16S. 30 partly in force; s. 30 not in force at Royal Assent, see s. 336(3); s. 30 in force for certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 30 in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011, 3.10.2011, 19.3.2012 and 1.4.2014 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3, S.I. 2012/825, art. 2, S.I. 2014/633, art. 2

31Removal of requirement to substantiate information on oathE+W

(1)In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted.

(2)In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated on oath and” are omitted.

(3)For subsection (3A)(a) of that section there is substituted—

(a)the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or.

Part 5E+W+N.I.Disclosure

32Initial duty of disclosure by prosecutorE+W+N.I.

In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part referred to as “the 1996 Act”), in subsection (1)(a) of section 3 (primary disclosure by prosecutor)—

(a)for “in the prosecutor’s opinion might undermine” there is substituted “ might reasonably be considered capable of undermining ”;

(b)after “against the accused” there is inserted “ or of assisting the case for the accused ”.

Commencement Information

I17S. 32 wholly in force at 15.7.2005; s. 32 not in force at Royal Assent, see s. 336(3); s. 32 in force for E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 32 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))

33Defence disclosureE+W+N.I.

(1)In section 5 of the 1996 Act (compulsory disclosure by accused), after subsection (5) there is inserted—

(5A)Where there are other accused in the proceedings and the court so orders, the accused must also give a defence statement to each other accused specified by the court.

(5B)The court may make an order under subsection (5A) either of its own motion or on the application of any party.

(5C)A defence statement that has to be given to the court and the prosecutor (under subsection (5)) must be given during the period which, by virtue of section 12, is the relevant period for this section.

(5D)A defence statement that has to be given to a co-accused (under subsection (5A)) must be given within such period as the court may specify.

(2)After section 6 of that Act there is inserted—

6AContents of defence statement

(1)For the purposes of this Part a defence statement is a written statement—

(a)setting out the nature of the accused’s defence, including any particular defences on which he intends to rely,

(b)indicating the matters of fact on which he takes issue with the prosecution,

(c)setting out, in the case of each such matter, why he takes issue with the prosecution, and

(d)indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.

(2)A defence statement that discloses an alibi must give particulars of it, including—

(a)the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;

(b)any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given.

(3)For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

(4)The Secretary of State may by regulations make provision as to the details of the matters that, by virtue of subsection (1), are to be included in defence statements.

(3)After section 6A of that Act (inserted by subsection (2) above) there is inserted—

6BUpdated disclosure by accused

(1)Where the accused has, before the beginning of the relevant period for this section, given a defence statement under section 5 or 6, he must during that period give to the court and the prosecutor either—

(a)a defence statement under this section (an “updated defence statement”), or

(b)a statement of the kind mentioned in subsection (4).

(2)The relevant period for this section is determined under section 12.

(3)An updated defence statement must comply with the requirements imposed by or under section 6A by reference to the state of affairs at the time when the statement is given.

(4)Instead of an updated defence statement, the accused may give a written statement stating that he has no changes to make to the defence statement which was given under section 5 or 6.

(5)Where there are other accused in the proceedings and the court so orders, the accused must also give either an updated defence statement or a statement of the kind mentioned in subsection (4), within such period as may be specified by the court, to each other accused so specified.

(6)The court may make an order under subsection (5) either of its own motion or on the application of any party.

Commencement Information

I18S. 33 partly in force; s. 33 not in force at Royal Assent, see s. 336(3); s. 33(2) in force for E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 33(2) in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 33(1) in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2

34Notification of intention to call defence witnessesE+W+N.I.

After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—

6CNotification of intention to call defence witnesses

(1)The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—

(a)giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;

(b)providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.

(2)Details do not have to be given under this section to the extent that they have already been given under section 6A(2).

(3)The accused must give a notice under this section during the period which, by virtue of section 12, is the relevant period for this section.

(4)If, following the giving of a notice under this section, the accused—

(a)decides to call a person (other than himself) who is not included in the notice as a proposed witness, or decides not to call a person who is so included, or

(b)discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,

he must give an appropriately amended notice to the court and the prosecutor.

Commencement Information

I19S. 34 partly in force; s. 34 not in force at Royal Assent see s. 336(3); s. 34 in force for E.W. at 1.5.2010 by S.I. 2010/1183, art. 3 (with art. 4)

Prospective

35Notification of names of experts instructed by defendantE+W+N.I.

After section 6C of the 1996 Act (inserted by section 34 above) there is inserted—

6DNotification of names of experts instructed by accused

(1)If the accused instructs a person with a view to his providing any expert opinion for possible use as evidence at the trial of the accused, he must give to the court and the prosecutor a notice specifying the person’s name and address.

(2)A notice does not have to be given under this section specifying the name and address of a person whose name and address have already been given under section 6C.

(3)A notice under this section must be given during the period which, by virtue of section 12, is the relevant period for this section.

36Further provisions about defence disclosureE+W+N.I.

After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—

6EDisclosure by accused: further provisions

(1)Where an accused’s solicitor purports to give on behalf of the accused—

(a)a defence statement under section 5, 6 or 6B, or

(b)a statement of the kind mentioned in section 6B(4),

the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.

(2)If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.

(3)In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 (see section 39).

(4)The judge in a trial before a judge and jury—

(a)may direct that the jury be given a copy of any defence statement, and

(b)if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.

(5)A direction under subsection (4)—

(a)may be made either of the judge’s own motion or on the application of any party;

(b)may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.

(6)The reference in subsection (4) to a defence statement is a reference—

(a)where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;

(b)where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;

(c)where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.

Commencement Information

I20S. 36 wholly in force at 15.7.2005; s. 36 not in force at Royal Assent, see s. 336(3); s. 36 in force for E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 36 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))

37Continuing duty of disclosure by prosecutorE+W+N.I.

Before section 8 of the 1996 Act there is inserted—

7AContinuing duty of prosecutor to disclose

(1)This section applies at all times—

(a)after the prosecutor has complied with section 3 or purported to comply with it, and

(b)before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.

(2)The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—

(a)might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and

(b)has not been disclosed to the accused.

(3)If at any time there is any such material as is mentioned in subsection (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies).

(4)In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.

(5)Where the accused gives a defence statement under section 5, 6 or 6B—

(a)if as a result of that statement the prosecutor is required by this section to make any disclosure, or further disclosure, he must do so during the period which, by virtue of section 12, is the relevant period for this section;

(b)if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect.

(6)For the purposes of this section prosecution material is material—

(a)which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or

(b)which, in pursuance of a code operative under Part 2, he has inspected in connection with the case for the prosecution against the accused.

(7)Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.

(8)Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(9)Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23).

Commencement Information

I21S. 37 wholly in force at 15.7.2005; s. 37 not in force at Royal Assent, see s. 336(3); s. 37 in force for E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 37 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))

38Application by defence for disclosureE+W+N.I.

In section 8 of the 1996 Act (application by accused for disclosure), for subsections (1) and (2) there is substituted—

(1)This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.

(2)If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.

Commencement Information

I22S. 38 wholly in force at 15.7.2005; s. 38 not in force at Royal Assent, see s. 336(3); s. 38 in force for E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 37 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))

39Faults in defence disclosureE+W+N.I.

For section 11 of the 1996 Act there is substituted—

11Faults in disclosure by accused

(1)This section applies in the three cases set out in subsections (2), (3) and (4).

(2)The first case is where section 5 applies and the accused—

(a)fails to give an initial defence statement,

(b)gives an initial defence statement but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,

(c)is required by section 6B to give either an updated defence statement or a statement of the kind mentioned in subsection (4) of that section but fails to do so,

(d)gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,

(e)sets out inconsistent defences in his defence statement, or

(f)at his trial—

(i)puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,

(ii)relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,

(iii)adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or

(iv)calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.

(3)The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—

(a)gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or

(b)does any of the things mentioned in paragraphs (c) to (f) of subsection (2).

(4)The third case is where the accused—

(a)gives a witness notice but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6C, or

(b)at his trial calls a witness (other than himself) not included, or not adequately identified, in a witness notice.

(5)Where this section applies—

(a)the court or any other party may make such comment as appears appropriate;

(b)the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.

(6)Where—

(a)this section applies by virtue of subsection (2)(f)(ii) (including that provision as it applies by virtue of subsection (3)(b)), and

(b)the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,

comment by another party under subsection (5)(a) may be made only with the leave of the court.

(7)Where this section applies by virtue of subsection (4), comment by another party under subsection (5)(a) may be made only with the leave of the court.

(8)Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard—

(a)to the extent of the differences in the defences, and

(b)to whether there is any justification for it.

(9)Where the accused calls a witness whom he has failed to include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard to whether there is any justification for the failure.

(10)A person shall not be convicted of an offence solely on an inference drawn under subsection (5).

(11)Where the accused has given a statement of the kind mentioned in section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—

(a)by reference to the state of affairs at the time when that statement was given, and

(b)as if the defence statement was given at the same time as that statement.

(12)In this section—

(a)initial defence statement” means a defence statement given under section 5 or 6;

(b)updated defence statement” means a defence statement given under section 6B;

(c)a reference simply to an accused’s “defence statement” is a reference—

(i)where he has given only an initial defence statement, to that statement;

(ii)where he has given both an initial and an updated defence statement, to the updated defence statement;

(iii)where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement;

(d)a reference to evidence in support of an alibi shall be construed in accordance with section 6A(3);

(e)witness notice” means a notice given under section 6C.

Commencement Information

I23S. 39 partly in force; s. 39 not in force at Royal Assent, see s. 336(3); s. 39 in force for E.W. for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 39 in force for N.I. for certain purposes at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 39 in force for E.W. for certain purposes at 1.5.2010 by S.I. 2010/1183, art. 3 (with art. 4)

40Code of practice for police interviews of witnesses notified by accusedE+W+N.I.

In Part 1 of the 1996 Act after section 21 there is inserted—

21ACode of practice for police interviews of witnesses notified by accused

(1)The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting of interviews of persons—

(a)particulars of whom are given in a defence statement in accordance with section 6A(2), or

(b)who are included as proposed witnesses in a notice given under section 6C.

(2)The code must include (in particular) guidance in relation to—

(a)information that should be provided to the interviewee and the accused in relation to such an interview;

(b)the notification of the accused’s solicitor of such an interview;

(c)the attendance of the interviewee’s solicitor at such an interview;

(d)the attendance of the accused’s solicitor at such an interview;

(e)the attendance of any other appropriate person at such an interview taking into account the interviewee’s age or any disability of the interviewee.

(3)Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview shall have regard to the code.

(4)In preparing the code, the Secretary of State shall consult—

(a)to the extent the code applies to England and Wales—

(i)any person who he considers to represent the interests of chief officers of police;

(ii)the General Council of the Bar;

(iii)the Law Society of England and Wales;

(iv)the Institute of Legal Executives;

(b)to the extent the code applies to Northern Ireland—

(i)the Chief Constable of the Police Service of Northern Ireland;

(ii)the General Council of the Bar of Northern Ireland;

(iii)the Law Society of Northern Ireland;

(c)such other persons as he thinks fit.

(5)The code shall not come into operation until the Secretary of State by order so provides.

(6)The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.

(7)An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.

(8)An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(9)When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.

(10)No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(11)A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.

(12)In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.

(13)If it appears to a court or tribunal conducting criminal or civil proceedings that—

(a)any provision of a code in operation at any time by virtue of an order under this section, or

(b)any failure mentioned in subsection (11),

is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.

Commencement Information

I24S. 40 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

Part 6E+WAllocation and sending of offences

41Allocation of offences triable either way, and sending cases to Crown CourtE+W

Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.

Commencement Information

I25S. 41 partly in force; s. 41 not in force at Royal Assent, see s. 336(3); s. 41 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 3 (subject to art. 2(2), Sch. 2); s. 41 in force for certain further purposes at 18.5.2012 by S.I. 2012/1320, art. 2(a); s. 41 in force for certain further purposes at 18.6.2012 by S.I. 2012/1320, arts. 3(a),4(1)(a)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

I26S. 41 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(a)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

I27S. 41 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(a)(2)(3) (with arts. 3, 4)

42Mode of trial for certain firearms offences: transitory arrangementsE+W

(1)The Magistrates' Courts Act 1980 is amended as follows.

(2)In section 24 (summary trial of information against child or young person for indictable offence)—

(a)in subsection (1), for “homicide” there is substituted “ one falling within subsection (1B) below ”,

(b)in subsection (1A)(a), for “of homicide” there is substituted “ falling within subsection (1B) below ”,

(c)after subsection (1A), there is inserted—

(1B)An offence falls within this subsection if—

(a)it is an offence of homicide; or

(b)each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

(i)the offence; and

(ii)the person charged with it,

if he were convicted of the offence.

(3)In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ”.

Part 7E+WTrials on indictment without a jury

Prospective

43Applications by prosecution for certain fraud cases to be conducted without a juryU.K.

[F67(1)This section applies where—

(a)one or more defendants are to be tried on indictment for one or more offences, and

(b)notice has been given under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect of that offence or those offences.

(2)The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.

(3)If an application under subsection (2) is made and the judge is satisfied that the condition in subsection (5) is fulfilled, he may make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.

(4)The judge may not make such an order without the approval of the Lord Chief Justice or a judge nominated by him.

(5)The condition is that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.

(6)In deciding whether or not he is satisfied that that condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial.

(7)But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution.]

Textual Amendments

44Application by prosecution for trial to be conducted without a jury where danger of jury tamperingE+W

(1)This section applies where one or more defendants are to be tried on indictment for one or more offences.

(2)The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.

(3)If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.

(4)The first condition is that there is evidence of a real and present danger that jury tampering would take place.

(5)The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.

(6)The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—

(a)a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,

(b)a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,

(c)a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.

Commencement Information

I28S. 44 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

45Procedure for applications under [F68sections 43 and ][F68section]44E+W+NI

(1)This section applies—

(a)[F69to an application under section 43, and]

(b)to an application under section 44.

(2)An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).

(3)The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.

(4)In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

(a)identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b)if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c)determining an application to which section 45 of the Criminal Justice Act 2003 applies,.

(5)In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section [F7043 or] 44 of that Act which is made on the determination of such an application, ”.

(6)In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—

(1A)A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.

(7)In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

(a)identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b)if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c)determining an application to which section 45 of the Criminal Justice Act 2003 applies,.

(8)F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section [F7043 or] 44 of that Act which is made on the determination of such an application, ”.

(10)In this section—

  • the 1987 Act” means the Criminal Justice Act 1987 (c. 38),

  • the 1996 Act” means the Criminal Procedure and Investigations Act 1996 (c. 25).

Textual Amendments

F68Word in s. 45 substituted (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(2)(a)

F70Words in s. 45(5)(9) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(2)(c) (with s. 97)

Commencement Information

I29S. 45 partly in force; s. 45 not in force at Royal Assent, see s. 336(3); s. 45 in force for certain purpose at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)

46Discharge of jury because of jury tamperingU.K.

(1)This section applies where—

(a)a judge is minded during a trial on indictment to discharge the jury, and

(b)he is so minded because jury tampering appears to have taken place.

(2)Before taking any steps to discharge the jury, the judge must—

(a)inform the parties that he is minded to discharge the jury,

(b)inform the parties of the grounds on which he is so minded, and

(c)allow the parties an opportunity to make representations.

(3)Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied—

(a)that jury tampering has taken place, and

(b)that to continue the trial without a jury would be fair to the defendant or defendants;

but this is subject to subsection (4).

(4)If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.

(5)Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.

(6)Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.

(7)Subject to subsection (5), nothing in this section affects the application of section [F7243 or] 44 in relation to any new trial which takes place following the termination of the trial.

Textual Amendments

F72Words in s. 46(7) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(3), Sch. 10 Pt. 10

Commencement Information

I30S. 46 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

47AppealsE+W

(1)An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).

(2)Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

(3)An order from which an appeal under this section lies is not to take effect—

(a)before the expiration of the period for bringing an appeal under this section, or

(b)if such an appeal is brought, before the appeal is finally disposed of or abandoned.

(4)On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.

(5)Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a)the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and

(b)references in this section to the Court of Appeal are to be construed as references to that division.

(6)In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(7)In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(8)The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).

Commencement Information

I31S. 47 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

48Further provision about trials without a juryU.K.

(1)The effect of an order under section [F7343,] 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.

(2)The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.

(3)Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).

(4)Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.

(5)Where a trial is conducted or continued without a jury and the court convicts a defendant—

(a)the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and

(b)the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).

(6)Nothing in this Part affects[F74 the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury].

Textual Amendments

F74S. 48(6): words substituted (31.3.2005) for s. 48(6)(a)(b) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 60} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(f)(g)

Commencement Information

I32S. 48 partly in force; s. 48 not in force at Royal Assent, see s. 336(3); s. 48 in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)

49Rules of courtE+W

(1)Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.

(2)Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done.

(3)Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.

50Application of Part 7 to Northern IrelandU.K.

(1)In its application to Northern Ireland this Part is to have effect—

(a)subject to subsection (2), and

(b)subject to the modifications in subsections (3) to (16).

(2)This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.

(3)For section 45 substitute—

45Procedure for applications under sections 43 and 44

(1)This section applies—

(a)to an application under section 43, and

(b)to an application under section 44.

(2)An application to which this section applies must be determined—

(a)at a preparatory hearing (within the meaning of the 1988 Order), or

(b)at a hearing specified in, or for which provision is made by, Crown Court rules.

(3)The parties to a hearing mentioned in subsection (2) at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.

(4)In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-paragraphs (a) to (c) there is substituted—

(a)identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;

(b)if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;

(c)determining an application to which section 45 of the Criminal Justice Act 2003 applies; or.

(5)In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ”.

(6)In this section “the 1988 Order” means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.

(4)For section 47(1) substitute—

(1)An appeal shall lie to the Court of Appeal—

(a)from the refusal by a judge at a hearing mentioned in section 45(2)(b) of an application to which section 45 applies or from an order of a judge at such a hearing under section 43 or 44 which is made on the determination of such an application,

(b)from an order under section 46(3) or (5).

(5)In section 47(3) after “order” insert “ or a refusal of an application ”.

(6)In section 47(4) for “confirm or revoke the order” substitute—

(a)where the appeal is from an order, confirm or revoke the order, or

(b)where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application.

(7)Omit section 47(5).

(8)For section 47(6) substitute—

(6)In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to [F75Supreme Court]) after “1988” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(9)For section 47(7) substitute—

(7)In section 35 of that Act (bail) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(10)In section 47(8)

[F76(a)for “Secretary of State” substitute Department of Justice in Northern Ireland; and

(b)]for “Criminal Appeal Act 1968” substitute “ Criminal Appeal (Northern Ireland) Act 1980 ”.

(11)In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

(12)For section 48(5)(b) substitute—

(b)the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).

(13)In section 48(6)—

[F77(a)for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute Article 49A of the Mental Health (Northern Ireland) Order 1986, and

(b)for “that section” substitute that Article.]

(14)After section 48 insert—

48AReporting restrictions

(1) Sections 41 and 42of the Criminal Procedure and Investigations Act 1996 (c. 25) are to apply in relation to—

(a)a hearing of the kind mentioned in section 45(2)(b), and

(b)any appeal or application for leave to appeal relating to such a hearing,

as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications.

(2)Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted—

(a)a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003;

(b)any appeal or application for leave to appeal relating to such a hearing.

(3)Section 41(3) of that Act is to have effect as if—

(a)for “(2)” there were substituted “ (2)(a) or an application to that judge for leave to appeal to the Court of Appeal ”, and

(b)after “matter” in the second place where it occurs there were inserted “ or application ”.

(4)Section 41 of that Act is to have effect as if after subsection (3) there were inserted—

(3A)The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a)an appeal to that Court, or

(b)an application to that Court for leave to appeal.

(3B)The [F78Supreme Court] may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a)an appeal to [F79the Supreme Court] , or

(b)an application to [F79the Supreme Court] for leave to appeal.

(5)Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F80Supreme Court].

(6)Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F80Supreme Court].

(15)For section 49(2) substitute—

(2)Without limiting subsection (1), rules of court may in particular make provision—

(a)for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done;

(b)in relation to hearings of the kind mentioned in section 45(2)(b) and appeals under section 47.

(16)In section 49(3)—

(a)after “section” insert “ or section 45(2)(b) ”, and

(b)after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

Textual Amendments

F75Words in s. 50(8) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(a)}; S.I. 2009/1604, art. 2(d)

F77S. 50(13)(a)(b) substituted (31.3.2005) for s. 50(13)(a)-(c) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 61} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(e)

F78Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)

F79Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)

F80Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(c)}; S.I. 2009/1604, art. 2(d)

Commencement Information

I33S. 50 partly in force; s. 50 not in force at Royal Assent, see s. 336(3); s. 50 in force for certain purposes at 8.1.2007 by S.I. 2006/3422, art. 2

Part 8E+WLive links

[F8151Directions for live links in criminal proceedingsE+W

(1)The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—

(a)a live audio link, or

(b)a live video link.

(2)A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.

(3)In this Part “eligible criminal proceedings” means—

(a)a preliminary hearing (see section 56(1)),

(b)a summary trial,

(c)a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,

(d)a trial on indictment or any other trial in the Crown Court for an offence,

(e)proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,

(f)proceedings under Part 3 of the Mental Health Act 1983,

(g)proceedings under—

(i)section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or

(ii)section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act,

(h)an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal,

(i)a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,

(j)the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing,

(k)a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty,

(l)a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980,

(m)a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing,

(n)any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted,

(o)a sentencing hearing (see section 56(1)), or

(p)an enforcement hearing (see section 56(1)).

(4)The court may not give a direction under this section unless—

(a)the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link,

(b)the parties to the proceedings have been given the opportunity to make representations, and

(c)if so required by section 52(9), the relevant youth offending team has been given the opportunity to make representations.

(5)In deciding whether to give a direction under this section, the court must consider—

(a)any guidance given by the Lord Chief Justice, and

(b)all the circumstances of the case.

(6)Those circumstances include in particular—

(a)the availability of the person to whom the direction would relate,

(b)any need for that person to attend in person,

(c)the views of that person,

(d)the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction,

(e)whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction,

(f)in the case of a direction relating to a witness—

(i)the importance of the witness’s evidence to the proceedings, and

(ii)whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and

(g)the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.]

[F8252Further provision about the effect of live-link directionsE+W

(1)The power conferred by section 51 includes power to give—

(a)a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;

(b)a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);

(c)a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.

(2)The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).

(3)A direction under section 51 may not be rescinded unless—

(a)the court is satisfied that it is in the interests of justice for the direction to be rescinded,

(b)the parties to the proceedings have been given the opportunity to make representations, and

(c)if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations.

(4)In relation to the variation of a direction given under section 51—

(a)so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction;

(b)so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction.

(5)Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.

(6)A direction under section 51 may be given, varied or rescinded—

(a)on an application by a party to the proceedings, or

(b)of the court’s own motion.

But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.

(7)The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.

(8)If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—

(a)a live audio link, or

(b)a live video link.

(9)The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—

(a)the defendant is a party to the proceedings, and

(b)either—

(i)the defendant has not attained the age of 18 years, or

(ii)the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age.

Textual Amendments

Commencement Information

I34S. 52 wholly in force at 26.4.2010; s. 52 not in force at Royal Assent, see s. 336(3); s. 52 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 52 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(b) (with art. 4)

52AFurther provision about the effect of live-link directionsE+W

(1)A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.

(2)A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.

(3)If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place—

(a)if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs),

(b)if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or

(c)if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings).

(4)In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51).

(5)A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.]

53[F83Further provision about live links in magistrates’ courts]E+W

(1)[F84Subsections (2) and (3) apply] where—

(a)a magistrates' court is minded to give a direction under section 51 [F85requiring or permitting a person to take part in proceedings before the court through a live audio link or a live video link], and

(b)suitable facilities for [F86such participation] are not available at any [F87place at] which the court can (apart from subsection (2)) lawfully sit.

(2)The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been [F88authorised by a direction under section 30 of the Courts Act 2003].

[F89(3)If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area.]

[F90(4)The following functions of a magistrates’ court may be discharged by a single justice—

(a)giving a direction under section 51 or varying such a direction under section 52(2);

(b)rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin;

(c)requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b).]

F9153ARequirement to attend court, perjuryE+W

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

54Warning to juryE+W

(1)This section applies where, as a result of a direction under section 51, evidence has been given through [F92a live audio link or a live video link by a witness (including the defendant)] in proceedings before the Crown Court.

(2)The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.

Textual Amendments

Commencement Information

I35S. 54 wholly in force at 26.4.2010; s. 54 not in force at Royal Assent, see s. 336(3); s. 54 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 54 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(c) (with art. 4)

55Rules of courtE+W

(1)[F93Criminal Procedure Rules] may make such provision as appears to the [F94Criminal Procedure Rule Committee] to be necessary or expedient for the purposes of this Part.

(2)[F95Criminal Procedure Rules] may in particular make provision—

(a)as to the procedure to be followed in connection with applications under section [F9652(6)], and

(b)as to the arrangements or safeguards to be put in place in connection with the operation of [F97live audio links and live video links].

(3)The provision which may be made by virtue of subsection (2)(a) includes provision—

(a)for F98... applications to be determined by the court without a hearing,

(b)for preventing the renewal of an unsuccessful application under section [F9952(6)] unless there has been a material change of circumstances,

(c)for the manner in which confidential or sensitive information is to be treated in connection with an application under section [F10052(6)] and in particular as to its being disclosed to, or withheld from, a party to the proceedings.

(4)Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make [F101Criminal Procedure Rules].

56Interpretation of Part 8E+W

(1)In this Part—

  • F102...

  • F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F104“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

  • “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,

  • “eligible criminal proceedings” has the meaning given in section 51(3),

  • “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—

    (a)

    a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or

    (b)

    a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),

  • “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—

    (a)

    enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

    (b)

    enables all other persons taking part in the proceedings who are not in the same location as P to hear P,

  • “live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—

    (a)

    enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

    (b)

    enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,]

  • [F105local justice area” has the same meaning as in the Courts Act 2003 (c. 39)],

  • [F106“preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—

    (a)

    section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or

    (b)

    section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),

  • “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,

  • “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—

    (a)

    proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,

    (b)

    sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or

    (c)

    determining—

    (i)

    how the offender has complied with a sentence given in respect of the offence, or

    (ii)

    how the offender should be dealt with in respect of compliance with such a sentence,

    and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,]

  • F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.

[F108(1A)In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court.

(1B)In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.]

F109(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111(4)The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)—

(a)the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;

(b)the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.]

(5)Nothing in this Part is to be regarded as affecting any power of a court—

(a)to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or

(b)to exclude evidence at its discretion (whether by preventing questions being put or otherwise).

Textual Amendments

F103In s. 56(1) definition of "petty-sessional court-house" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100

F105In s. 56(1) definition of "local justice area" substituted (1.4.2005) for definition of "petty sessions area" by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100

F107In s. 56(1) definition of "rules of court" omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 48 (with art. 2(2))

Commencement Information

I36S. 56 wholly in force at 26.4.2010; s. 56 not in force at Royal Assent, see s. 336(3); s. 56 in force for certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 56 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(d) (with art. 4)

Part 9E+WProsecution appeals

IntroductionE+W

57IntroductionE+W

(1)In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.

(2)But the prosecution is to have no right of appeal under this Part in respect of—

(a)a ruling that a jury be discharged, or

(b)a ruling from which an appeal lies to the Court of Appeal by virtue of any other enactment.

(3)An appeal under this Part is to lie to the Court of Appeal.

(4)Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

Commencement Information

I37S. 57 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

General right of appeal in respect of rulingsE+W

58General right of appeal in respect of rulingsE+W

(1)This section applies where a judge makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.

(2)The prosecution may appeal in respect of the ruling in accordance with this section.

(3)The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).

(4)The prosecution may not appeal in respect of the ruling unless—

(a)following the making of the ruling, it—

(i)informs the court that it intends to appeal, or

(ii)requests an adjournment to consider whether to appeal, and

(b)if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.

(5)If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.

(6)Where the ruling relates to two or more offences—

(a)any one or more of those offences may be the subject of the appeal, and

(b)if the prosecution informs the court in accordance with subsection (4) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.

(7)Where—

(a)the ruling is a ruling that there is no case to answer, and

(b)the prosecution, at the same time that it informs the court in accordance with subsection (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,

that other ruling, or those other rulings, are also to be treated as the subject of the appeal.

(8)The prosecution may not inform the court in accordance with subsection (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in subsection (9) is fulfilled.

(9)Those conditions are—

(a)that leave to appeal to the Court of Appeal is not obtained, and

(b)that the appeal is abandoned before it is determined by the Court of Appeal.

(10)If the prosecution informs the court in accordance with subsection (4) that it intends to appeal, the ruling mentioned in subsection (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.

(11)If and to the extent that a ruling has no effect in accordance with this section—

(a)any consequences of the ruling are also to have no effect,

(b)the judge may not take any steps in consequence of the ruling, and

(c)if he does so, any such steps are also to have no effect.

(12)Where the prosecution has informed the court of its agreement under subsection (8) and either of the conditions mentioned in subsection (9) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.

(13)In this section “applicable time”, in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the [F112time when the judge starts his] summing-up to the jury.

[F113(14)The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7.]

Textual Amendments

F112Words in s. 58(13) substituted (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 30(1), 60; S.I. 2006/3423, art. 2 (subject to art. 3)

Commencement Information

I38S. 58 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

59Expedited and non-expedited appealsE+W

(1)Where the prosecution informs the court in accordance with section 58(4) that it intends to appeal, the judge must decide whether or not the appeal should be expedited.

(2)If the judge decides that the appeal should be expedited, he may order an adjournment.

(3)If the judge decides that the appeal should not be expedited, he may—

(a)order an adjournment, or

(b)discharge the jury (if one has been sworn).

(4)If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).

Commencement Information

I39S. 59 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

60Continuation of proceedings for offences not affected by rulingE+W

(1)This section applies where the prosecution informs the court in accordance with section 58(4) that it intends to appeal.

(2)Proceedings may be continued in respect of any offence which is not the subject of the appeal.

Commencement Information

I40S. 60 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

61Determination of appeal by Court of AppealE+W

(1)On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.

(2)Subsections (3) to (5) apply where the appeal relates to a single ruling.

(3)Where the Court of Appeal confirms the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.

(4)Where the Court of Appeal reverses or varies the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—

(a)order that proceedings for that offence may be resumed in the Crown Court,

(b)order that a fresh trial may take place in the Crown Court for that offence,

(c)order that the defendant in relation to that offence be acquitted of that offence.

[F114(5)But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).]

(6)Subsections (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.

(7)Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.

(8)Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (4)(a) to (c) (but subject to subsection (5)).

Textual Amendments

Commencement Information

I41S. 61 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

Prospective

Right of appeal in respect of evidentiary rulingsE+W

62Right of appeal in respect of evidentiary rulingsE+W

(1)The prosecution may, in accordance with this section and section 63, appeal in respect of—

(a)a single qualifying evidentiary ruling, or

(b)two or more qualifying evidentiary rulings.

(2)A “qualifying evidentiary ruling” is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.

(3)The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).

(4)The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).

(5)If the prosecution intends to appeal under this section, it must before the opening of the case for the defence inform the court—

(a)of its intention to do so, and

(b)of the ruling or rulings to which the appeal relates.

(6)In respect of the ruling, or each ruling, to which the appeal relates—

(a)the qualifying offence, or at least one of the qualifying offences, to which the ruling relates must be the subject of the appeal, and

(b)any other offence to which the ruling relates may, but need not, be the subject of the appeal.

(7)The prosecution must, at the same time that it informs the court in accordance with subsection (5), inform the court of the offence or offences which are the subject of the appeal.

(8)For the purposes of this section, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs—

(a)evidence begins to be adduced by or on behalf of a defendant,

(b)it is indicated to the court that no evidence will be adduced by or on behalf of a defendant,

(c)a defendant’s case is opened, as permitted by section 2 of the Criminal Procedure Act 1865 (c. 18).

(9)In this section—

  • evidentiary ruling” means a ruling which relates to the admissibility or exclusion of any prosecution evidence,

  • qualifying offence” means an offence described in Part 1 of Schedule 4.

(10)The Secretary of State may by order amend that Part by doing any one or more of the following—

(a)adding a description of offence,

(b)removing a description of offence for the time being included,

(c)modifying a description of offence for the time being included.

(11)Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 58.

63Condition that evidentiary ruling significantly weakens prosecution caseE+W

(1)Leave to appeal may not be given in relation to an appeal under section 62 unless the judge or, as the case may be, the Court of Appeal is satisfied that the relevant condition is fulfilled.

(2)In relation to an appeal in respect of a single qualifying evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution’s case in relation to the offence or offences which are the subject of the appeal.

(3)In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution’s case in relation to the offence or offences which are the subject of the appeal.

64Expedited and non-expedited appealsE+W

(1)Where the prosecution informs the court in accordance with section 62(5), the judge must decide whether or not the appeal should be expedited.

(2)If the judge decides that the appeal should be expedited, he may order an adjournment.

(3)If the judge decides that the appeal should not be expedited, he may—

(a)order an adjournment, or

(b)discharge the jury (if one has been sworn).

(4)If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).

65Continuation of proceedings for offences not affected by rulingE+W

(1)This section applies where the prosecution informs the court in accordance with section 62(5).

(2)Proceedings may be continued in respect of any offence which is not the subject of the appeal.

66Determination of appeal by Court of AppealE+W

(1)On an appeal under section 62, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.

(2)In addition, the Court of Appeal must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—

(a)order that proceedings for that offence be resumed in the Crown Court,

(b)order that a fresh trial may take place in the Crown Court for that offence,

(c)order that the defendant in relation to that offence be acquitted of that offence.

(3)But no order may be made under subsection (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence.

Miscellaneous and supplementalE+W

67Reversal of rulingsE+W

The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied—

(a)that the ruling was wrong in law,

(b)that the ruling involved an error of law or principle, or

(c)that the ruling was a ruling that it was not reasonable for the judge to have made.

Commencement Information

I42S. 67 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

68Appeals to the House of LordsE+W

(1)In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this Act” there is inserted “ or Part 9 of the Criminal Justice Act 2003 ”.

(2)In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there is inserted “ Part 9 of the Criminal Justice Act 2003 or ”.

(3)In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

Commencement Information

I43S. 68 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

69CostsE+W

(1)The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2)In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 may be met out of central funds) after “hearings)” there is inserted “ or under Part 9 of the Criminal Justice Act 2003 ”.

(3)In section 18 (award of costs against accused) after subsection (2) there is inserted—

(2A)Where the Court of Appeal reverses or varies a ruling on an appeal under Part 9 of the Criminal Justice Act 2003, it may make such order as to the costs to be paid by the accused, to such person as may be named in the order, as it considers just and reasonable.

(4)In subsection (6) after “subsection (2)” there is inserted “ or (2A) ”.

Commencement Information

I44S. 69 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

70Effect on time limits in relation to preliminary stagesE+W

(1)Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.

(2)After subsection (6A) there is inserted—

(6B)Any period during which proceedings for an offence are adjourned pending the determination of an appeal under Part 9 of the Criminal Justice Act 2003 shall be disregarded, so far as the offence is concerned, for the purposes of the overall time limit and the custody time limit which applies to the stage which the proceedings have reached when they are adjourned.

Commencement Information

I45S. 70 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

71Restrictions on reportingU.K.

(1)Except as provided by this section no publication shall include a report of—

(a)anything done under section 58, 59, 62, 63 or 64,

(b)an appeal under this Part,

(c)an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or

(d)an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c).

(2)The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)anything done under section 58, 59, 62, 63 or 64, or

(b)an application to the judge for leave to appeal to the Court of Appeal under this Part.

(3)The Court of Appeal may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)an appeal to the Court of Appeal under this Part,

(b)an application to that Court for leave to appeal to it under this Part, or

(c)an application to that Court for leave to appeal to the [F115Supreme Court] under Part 2 of the 1968 Act.

(4)The [F116Supreme Court] may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—

(a)an appeal to [F117the Supreme Court] under Part 2 of the 1968 Act, or

(b)an application to [F117the Supreme Court] for leave to appeal to it under Part 2 of that Act.

(5)Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—

(a)the judge, the Court of Appeal or the [F118Supreme Court is] to make the order if (and only if) satisfied, after [F119considering] the representations of the defendant, that it is in the interests of justice to do so, and

(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(6)Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)—

(a)the judge, the Court of Appeal or the [F118Supreme Court is] to make the order if (and only if) satisfied, after [F120considering] the representations of each of the defendants, that it is in the interests of justice to do so, and

(b)the order (if made) is not to apply to the extent that a report deals with any such objection or representations.

(7)Subsection (1) does not apply to the inclusion in a publication of a report of—

(a)anything done under section 58, 59, 62, 63 or 64,

(b)an appeal under this Part,

(c)an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or

(d)an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c),

at the conclusion of the trial of the defendant or the last of the defendants to be tried.

(8)Subsection (1) does not apply to a report which contains only one or more of the following matters—

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

(b)the names, ages, home addresses and occupations of the defendant or defendants and witnesses,

(c)the offence or offences, or a summary of them, with which the defendant or defendants are charged,

(d)the names of counsel and solicitors in the proceedings,

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

(f)any arrangements as to bail,

[F121(g)whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]

(9)The addresses that may be included in a report by virtue of subsection (8) are addresses—

(a)at any relevant time, and

(b)at the time of their inclusion in the publication.

(10)Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.

(11)In this section—

  • programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),

  • publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,

  • relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred,

  • relevant programme” means a programme included in a programme service.

Textual Amendments

Commencement Information

I46S. 71 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

72Offences in connection with reportingE+W

(1)This section applies if a publication includes a report in contravention of section 71.

(2)Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.

(3)Where the publication is a relevant programme—

(a)any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and

(b)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

is guilty of an offence.

(4)In the case of any other publication, any person publishing it is guilty of an offence.

(5)If an offence under this section committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of, or

(b)to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(7)If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.

(8)Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(9)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10)Proceedings for an offence under this section may not be instituted—

(a)in England and Wales otherwise than by or with the consent of the Attorney General, or

(b)in Northern Ireland otherwise than by or with the consent of—

(i)before the relevant date, the Attorney General for Northern Ireland, or

(ii)on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.

(11)In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.

Commencement Information

I47S. 72 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

73Rules of courtE+W

(1)Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.

(2)Without limiting subsection (1), rules of court may in particular make provision—

(a)for time limits which are to apply in connection with any provisions of this Part,

(b)as to procedures to be applied in connection with this Part,

(c)enabling a single judge of the Court of Appeal to give leave to appeal under this Part or to exercise the power of the Court of Appeal under section 58(12).

(3)Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.

74Interpretation of Part 9U.K.

(1)In this Part—

  • programme service” has the meaning given by section 71(11),

  • publication” has the meaning given by section 71(11),

  • qualifying evidentiary ruling” is to be construed in accordance with section 62(2),

  • the relevant condition” is to be construed in accordance with section 63(2) and (3),

  • relevant programme” has the meaning given by section 71(11),

  • ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,

  • the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

(2)Any reference in this Part (other than section 73(2)(c)) to a judge is a reference to a judge of the Crown Court.

(3)There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 58(4) or 62(5).

(4)Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.

(5)Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).

(6)Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a)the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and

(b)references in this Part to the Court of Appeal are to be construed as references to that division.

[F122(7)In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.]

Textual Amendments

Commencement Information

I48S. 74 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)

Part 10E+WRetrial for serious offences

Cases that may be retriedE+W+N.I.

75Cases that may be retriedE+W+N.I.

(1)This Part applies where a person has been acquitted of a qualifying offence in proceedings—

(a)on indictment in England and Wales,

(b)on appeal against a conviction, verdict or finding in proceedings on indictment in England and Wales, or

(c)on appeal from a decision on such an appeal.

(2)A person acquitted of an offence in proceedings mentioned in subsection (1) is treated for the purposes of that subsection as also acquitted of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except an offence—

(a)of which he has been convicted,

(b)of which he has been found not guilty by reason of insanity, or

(c)in respect of which, in proceedings where he has been found to be under a disability (as defined by section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him.

(3)References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was the subject of an order under section 77(1) or (3).

(4)This Part also applies where a person has been acquitted, in proceedings elsewhere than in the United Kingdom, of an offence under the law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of a qualifying offence.

(5)Conduct punishable under the law in force elsewhere than in the United Kingdom is an offence under that law for the purposes of subsection (4), however it is described in that law.

(6)This Part applies whether the acquittal was before or after the passing of this Act.

(7)References in this Part to acquittal are to acquittal in circumstances within subsection (1) or (4).

(8)In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.

Commencement Information

I49S. 75 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

Application for retrialE+W

76Application to Court of AppealE+W+N.I.

(1)A prosecutor may apply to the Court of Appeal for an order—

(a)quashing a person’s acquittal in proceedings within section 75(1), and

(b)ordering him to be retried for the qualifying offence.

(2)A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—

(a)a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and

(b)if it is, an order that the acquittal is not to be a bar.

(3)A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.

(4)The Director of Public Prosecutions may give his consent only if satisfied that—

(a)there is evidence as respects which the requirements of section 78 appear to be met,

(b)it is in the public interest for the application to proceed, and

(c)any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under [F123Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European Union] relating to the principle of ne bis in idem.

(5)Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.

Textual Amendments

Commencement Information

I50S. 76 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

77Determination by Court of AppealE+W+N.I.

(1)On an application under section 76(1), the Court of Appeal—

(a)if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

(b)otherwise, must dismiss the application.

(2)Subsections (3) and (4) apply to an application under section 76(2).

(3)Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—

(a)if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

(b)otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.

(4)Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.

Commencement Information

I51S. 77 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

78New and compelling evidenceE+W+N.I.

(1)The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying offence.

(2)Evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).

(3)Evidence is compelling if—

(a)it is reliable,

(b)it is substantial, and

(c)in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.

(4)The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.

(5)For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.

Commencement Information

I52S. 78 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

79Interests of justiceE+W+N.I.

(1)The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.

(2)That question is to be determined having regard in particular to—

(a)whether existing circumstances make a fair trial unlikely;

(b)for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;

(c)whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;

(d)whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.

(3)In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.

(4)Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.

Commencement Information

I53S. 79 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

80Procedure and evidenceE+W+N.I.

(1)A prosecutor who wishes to make an application under section 76(1) or (2) must give notice of the application to the Court of Appeal.

(2)Within two days beginning with the day on which any such notice is given, notice of the application must be served by the prosecutor on the person to whom the application relates, charging him with the offence to which it relates or, if he has been charged with it in accordance with section 87(4), stating that he has been so charged.

(3)Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom.

(4)The Court of Appeal must consider the application at a hearing.

(5)The person to whom the application relates—

(a)is entitled to be present at the hearing, although he may be in custody, unless he is in custody elsewhere than in England and Wales or Northern Ireland, and

(b)is entitled to be represented at the hearing, whether he is present or not.

(6)For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a)order the production of any document, exhibit or other thing, the production of which appears to the court to be necessary for the determination of the application, and

(b)order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the court.

(7)The Court of Appeal may at one hearing consider more than one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment.

Commencement Information

I54S. 80 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

81AppealsE+W+N.I.

(1)The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)In section 33 (right of appeal to [F124Supreme Court]), after subsection (1A) there is inserted—

(1B)An appeal lies to the [F124Supreme Court] , at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).

(3)At the end of that section there is inserted—

(4)In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.

(4)In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “ or, in the case of an appeal under section 33(1B), by the prosecutor ”.

(5)In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “ has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who ”.

Textual Amendments

Commencement Information

I55S. 81 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

82Restrictions on publication in the interests of justiceE+W

(1)Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.

(2)In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.

(3)The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.

(4)An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—

(a)applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and

(b)does not otherwise affect the earlier publication.

(5)After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—

(a)of its own motion, or

(b)on the application of the Director of Public Prosecutions.

(6)Before such notice has been given, an order under this section—

(a)may be made only on the application of the Director of Public Prosecutions, and

(b)may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.

(7)The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.

(8)Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.

(9)An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—

(a)when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or

(b)if he is tried pursuant to such an order, at the conclusion of the trial.

(10)Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.

(11)In this section—

  • programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),

  • publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,

  • relevant programme” means a programme included in a programme service.

Commencement Information

I56S. 82 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

83Offences in connection with publication restrictionsE+W

(1)This section applies if—

(a)an order under section 82 is made, whether in England and Wales or Northern Ireland, and

(b)while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.

(2)Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.

(3)Where the publication is a relevant programme—

(a)any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and

(b)any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

is guilty of an offence.

(4)In the case of any other publication, any person publishing it is guilty of an offence.

(5)If an offence under this section committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of, or

(b)to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(7)If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.

(8)Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(9)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10)Proceedings for an offence under this section may not be instituted—

(a)in England and Wales otherwise than by or with the consent of the Attorney General, or

(b)in Northern Ireland otherwise than by or with the consent of—

(i)before the relevant date, the Attorney General for Northern Ireland, or

(ii)on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.

(11)In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.

Commencement Information

I57S. 83 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

RetrialE+W+N.I.

84RetrialE+W+N.I.

(1)Where a person—

(a)is tried pursuant to an order under section 77(1), or

(b)is tried on indictment pursuant to an order under section 77(3),

the trial must be on an indictment preferred by direction of the Court of Appeal.

(2)After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.

(3)The Court of Appeal must not give leave unless satisfied that—

(a)the prosecutor has acted with due expedition, and

(b)there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.

(4)Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—

(a)for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or

(b)in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.

(5)An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.

(6)Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—

(a)all the parties to the trial agree otherwise,

(b)section 116 applies, or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.

(7)At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.

Commencement Information

I58S. 84 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

InvestigationsE+W+N.I.

85Authorisation of investigationsE+W+N.I.

(1)This section applies to the investigation of the commission of a qualifying offence by a person—

(a)acquitted in proceedings within section 75(1) of the qualifying offence, or

(b)acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.

(2)Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—

(a)has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or

(b)has given his written consent to the investigation (whether before or after the start of the investigation).

(3)The officer may not, either with or without the consent of the acquitted person—

(a)arrest or question him,

(b)search him or premises owned or occupied by him,

(c)search a vehicle owned by him or anything in or on such a vehicle,

(d)seize anything in his possession, or

(e)take his fingerprints or take a sample from him.

(4)The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—

(a)if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or

(b)in any other case, is of the rank of assistant chief constable or above.

(5)An officer may make an application under subsection (4) only if—

(a)he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.

(6)The Director of Public Prosecutions may not give his consent unless satisfied that—

(a)there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and

(b)it is in the public interest for the investigation to proceed.

(7)In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.

Commencement Information

I59S. 85 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

86Urgent investigative stepsE+W+N.I.

(1)Section 85 does not prevent an officer from taking any action for the purposes of an investigation if—

(a)the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,

(b)the requirements of subsection (2) are met, and

(c)either—

(i)the action is authorised under subsection (3), or

(ii)the requirements of subsection (5) are met.

(2)The requirements of this subsection are met if—

(a)there has been no undue delay in applying for consent under section 85(2),

(b)that consent has not been refused, and

(c)taking into account the urgency of the situation, it is not reasonably practicable to obtain that consent before taking the action.

(3)An officer of the rank of superintendent or above may authorise the action if—

(a)he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.

(4)An authorisation under subsection (3) must—

(a)if reasonably practicable, be given in writing;

(b)otherwise, be recorded in writing by the officer giving it as soon as is reasonably practicable.

(5)The requirements of this subsection are met if—

(a)there has been no undue delay in applying for authorisation under subsection (3),

(b)that authorisation has not been refused, and

(c)taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.

(6)Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—

(a)new evidence had been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.

Commencement Information

I60S. 86 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

[F12586AApplication of sections 85 and 86 to investigations by the Police OmbudsmanN.I.

(1)Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications.

(2)References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman.

(3)Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted the Ombudsman.

(4)Section 85(5) has effect as if for “An officer” there were substituted The Ombudsman.

(4)Section 85(7) does not apply.

(6)Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted A senior officer of the Ombudsman.

(7)Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted a senior officer of the Ombudsman.

(8)References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above.]

Arrest, custody and bailE+W+N.I.

87Arrest and chargeE+W+N.I.

(1)Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—

(a)a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and

(b)that person may not be arrested for that offence except under a warrant so issued.

(2)Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.

(3)Part 4 of the 1984 Act (detention) applies as follows where a person—

(a)is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or

(b)having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.

(4)For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.

(5)For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—

(a)after the evidence becomes available or known to him, or

(b)if later, after he forms that view.

(6)Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—

(a)in subsection (1)—

(i)for “determine whether he has before him” there is substituted “ request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is ”;

(ii)for “him to do so” there is substituted “ that determination to be made ”;

(b)in subsection (2)—

(i)for the words from “custody officer determines” to “before him” there is substituted “ officer determines that there is not such sufficient evidence ”;

(ii)the word “custody” is omitted from the second place where it occurs;

(c)in subsection (3)—

(i)the word “custody” is omitted;

(ii)after “may” there is inserted “ direct the custody officer to ”;

(d)in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “ an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged. ”;

(e)subsections (7A), (7B) and (8) do not apply;

(f)after subsection (10) there is inserted—

(10A)The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made..

(7)Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “ and (10A) ”.

(8)Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “ (who has not been directly involved in the investigation) ”.

Commencement Information

I61S. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

88Bail and custody before applicationE+W+N.I.

(1)In relation to a person charged in accordance with section 87(4)—

(a)section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for “either on bail or without bail” there were substituted “ on bail ”,

(b)section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and

(c)section 43B of the Magistrates' Courts Act 1980 (c. 43) does not apply.

(2)Where such a person is, after being charged—

(a)kept in police detention, or

(b)detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,

he must be brought before the Crown Court as soon as practicable and, in any event, not more than 24 hours after he is charged, and section 46 of the 1984 Act does not apply.

(3)For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—

[F126(za)Saturday,]

(a)Sunday,

(b)Christmas Day,

(c)Good Friday, and

(d)any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained.

(4)Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—

(a)grant bail for the person to appear, if notice of an application is served on him under section 80(2), before the Court of Appeal at the hearing of that application, or

(b)remand the person in custody to be brought before the Crown Court under section 89(2).

(5)If the Crown Court grants bail under subsection (4), it may revoke bail and remand the person in custody as referred to in subsection (4)(b).

(6)In subsection (7) the “relevant period”, in relation to a person granted bail or remanded in custody under subsection (4), means—

(a)the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or

(b)that period as extended or further extended under subsection (8).

(7)If at the end of the relevant period no notice of an application under section 76(1) or (2) in relation to the person has been given under section 80(1), the person—

(a)if on bail subject to a duty to appear as mentioned in subsection (4)(a), ceases to be subject to that duty and to any conditions of that bail, and

(b)if in custody on remand under subsection (4)(b) or (5), must be released immediately without bail.

(8)The Crown Court may, on the application of a prosecutor, extend or further extend the period mentioned in subsection (6)(a) until a specified date, but only if satisfied that—

(a)the need for the extension is due to some good and sufficient cause, and

(b)the prosecutor has acted with all due diligence and expedition.

Textual Amendments

Commencement Information

I62S. 88 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

89Bail and custody before hearingE+W+N.I.

(1)This section applies where notice of an application is given under section 80(1).

(2)If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.

(3)If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor—

(a)issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or

(b)issue a warrant for the person’s arrest,

and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.

(4)Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—

(a)in the summons, or

(b)in a subsequent direction of the Crown Court.

(5)The time or place specified may be varied from time to time by a direction of the Crown Court.

(6)A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.

(7)If a person is brought before the Crown Court under subsection (2) or (6) the court must either—

(a)remand him in custody to be brought before the Court of Appeal at the hearing of the application, or

(b)grant bail for him to appear before the Court of Appeal at the hearing.

(8)If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).

(9)For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—

[F127(za)Saturday,]

(a)Sunday,

(b)Christmas Day,

(c)Good Friday, and

(d)any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.

Textual Amendments

Commencement Information

I63S. 89 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

90Bail and custody during and after hearingE+W+N.I.

(1)The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)—

(a)remand the person to whom the application relates on bail, or

(b)remand him in custody.

(2)At a hearing at which the Court of Appeal—

(a)makes an order under section 77,

(b)makes a declaration under subsection (4) of that section, or

(c)dismisses the application or makes a declaration under subsection (3) of that section, if it also gives the prosecutor leave to appeal against its decision or the prosecutor gives notice that he intends to apply for such leave,

the court may make such order as it sees fit for the custody or bail of the acquitted person pending trial pursuant to the order or declaration, or pending determination of the appeal.

(3)For the purpose of subsection (2), the determination of an appeal is pending—

(a)until any application for leave to appeal is disposed of, or the time within which it must be made expires;

(b)if leave to appeal is granted, until the appeal is disposed of.

(4)Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.

(5)The court may at any time, as it sees fit—

(a)revoke bail granted under this section and remand the person in custody, or

(b)vary an order under subsection (2).

Commencement Information

I64S. 90 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

91Revocation of bailE+W+N.I.

(1)Where—

(a)a court revokes a person’s bail under this Part, and

(b)that person is not before the court when his bail is revoked,

the court must order him to surrender himself forthwith to the custody of the court.

(2)Where a person surrenders himself into the custody of the court in compliance with an order under subsection (1), the court must remand him in custody.

(3)A person who has been ordered to surrender to custody under subsection (1) may be arrested without a warrant by an officer if he fails without reasonable cause to surrender to custody in accordance with the order.

(4)A person arrested under subsection (3) must be brought as soon as practicable, and, in any event, not more than 24 hours after he is arrested, before the court and the court must remand him in custody.

(5)For the purpose of calculating the period referred to in subsection (4), the following are to be disregarded—

[F128(za)Saturday,]

(a)Sunday,

(b)Christmas Day,

(c)Good Friday,

(d)any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.

Textual Amendments

Commencement Information

I65S. 91 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

Part 10: supplementaryE+W+N.I.

92Functions of the DPPE+W+N.I.

(1)Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions exercisable by Crown Prosecutor) does not apply to the provisions of this Part other than section 85(2)(a).

(2)In the absence of the Director of Public Prosecutions, his functions under those provisions may be exercised by a person authorised by him.

(3)An authorisation under subsection (2)—

(a)may relate to a specified person or to persons of a specified description, and

(b)may be general or relate to a specified function or specified circumstances.

Commencement Information

I66S. 92 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

93Rules of courtE+W+N.I.

(1)Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.

(2)Without limiting subsection (1), rules of court may in particular make provision as to procedures to be applied in connection with sections 76 to 82, 84 and 88 to 90.

(3)Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court.

94Armed Forces: Part 10E+W

[F129(1)Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section).]

(2)The power under [F130section 323 of that Act] to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit.

[F131(3)In subsection (2) “service offence” has the same meaning as in the Armed Forces Act 2006.]

Textual Amendments

F129S. 94(1) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F130Words in s. 94(2) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F131S. 94(3) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I67S. 94 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

95Interpretation of Part 10E+W+N.I.

(1)In this Part—

  • the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),

  • “acquittal” and related expressions are to be read in accordance with section 75(7),

  • customs and excise officer” means an officer as defined by section 1(1) of the Customs and Excise Management Act 1979 (c. 2), or a person to whom section 8(2) of that Act applies,

  • new evidence” is to be read in accordance with section 78(2),

  • “officer”, except in section 83, means an officer of a police force or a customs and excise officer,

  • police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23),

  • prosecutor” means an individual or body charged with duties to conduct criminal prosecutions,

  • qualifying offence” has the meaning given by section 75(8).

(2)Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a)the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and

(b)references in this Part to the Court of Appeal are to be construed as references to that division.

(3)References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—

(a)appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and

(b)is specified by the Commissioners for the purposes of the provision concerned.

Commencement Information

I68S. 95 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

96Application of Part 10 to Northern IrelandE+W+N.I.

(1)In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.

(2)In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) for “England and Wales” substitute “ Northern Ireland ”.

(3)For section 75(2)(c) substitute—

(c)in respect of which, in proceedings where he has been found to be unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him.

(4)In section 75(8) for “Part 1” substitute “ Part 2 ”.

(5)In section 81(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “ Criminal Appeal (Northern Ireland) Act 1980 (c. 47) ”.

(6)In section 81(2)—

(a)for “33” substitute “ 31 ”, and

(b)for “An” substitute “ Subject to the provisions of this Part of this Act, an ”.

(7)In section 81(4)—

(a)for “34(2)” substitute “ 32(2) ”, and

(b)for “33(1B)” substitute “ 31(1B) ”.

(8)In section 82(10) after “enactment” in each place insert “ (including any provision of Northern Ireland legislation) ”.

(9)In section 84(1) and (2) for “preferred” substitute “ presented ”.

(10)Section 84(6) has effect—

(a)as if any reference to a provision of Part 11 were a reference to any corresponding provision contained in an Order in Council to which section 334(1) applies, at any time when such corresponding provision is in force;

(b)at any other time, with the omission of paragraphs (b) and (c).

(11)After section 84(6) insert—

(6A)Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is to be tried in accordance with subsection (1) as if—

(a)he had been returned for trial for the offence in question, and

(b)the reference in paragraph (2)(a) of that Article to a magistrates' court included a reference to the Court of Appeal.

(12)In section 87—

(a)in subsection (3), for “Part 4 of the 1984 Act” substitute “ Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) (“the 1989 Order”) ”,

(b)in paragraph (b) of that subsection, for “section 34(7) of that Act” substitute “ Article 35(8) of that Order ”,

(c)in subsection (6)—

(i)for the words from the beginning to “40(8) of that Act)” substitute “ Article 38 of that Order (including any provision of that Article as applied by Article 41(8) of that Order) ”,

(ii)for “subsection” in each place substitute “paragraph ,

(iii)in paragraph (e), for “subsections (7A), (7B) and (8)” substitute “ paragraph (8) ”, and

(iv)in paragraph (f), in the inserted paragraph (10A) omit “above”,

(d)for subsection (7) substitute—

(7)Article 41 of that Order has effect as if in paragraphs (8) and (9) of that Article after “(6)” there were inserted “and (10A).,

(e)in subsection (8)—

(i)for “Section 42 of that Act” substitute “ Article 43 of that Order ”, and

(ii)for “subsection (1) of that section” substitute “ paragraph (1) of that Article ”.

(13)For section 88(1) substitute—

(1)In relation to a person charged in accordance with section 87(4)—

(a)Article 39 of the 1989 Order (including any provision of that Article as applied by Article 41(10) of that Order) has effect as if, in paragraph (1), for “either on bail or without bail” there were substituted “ on bail ”,

(b)Article 48 of that Order has effect as if for paragraphs (1) to (11) there were substituted—

(1)A person who is released on bail shall be subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint.

(2)The custody officer may require a person who is to be released on bail to enter into a recognisance conditioned upon his subsequent appearance before the Crown Court in accordance with paragraph (1).

(3)A recognisance under paragraph (2) may be taken before the custody officer., and

(c)Article 132A of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) does not apply.

(14)In section 88(2)—

(a)for paragraph (b) substitute—

(b)detained in a place of safety in pursuance of arrangements made under Article 39(6) of the 1989 Order,, and

(b)for “section 46 of the 1984 Act” substitute “ Article 47 of the 1989 Order ”.

(15)In section 89(6) for “section 81(5) of the Supreme Court Act 1981 (c. 54)” substitute “ section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) ”.

(16)For section 90(4) substitute—

(4)The court may at any time, as it sees fit, vary the conditions of bail granted under this section.

(17)In section 92(1) for the words from the beginning to “does” substitute “ Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do ”.

(18)Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (17) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).

(19)In section 93(2) for “the Criminal Appeal Rules and the Crown Court Rules” substitute “ rules under section 55 of the Judicature (Northern Ireland) Act 1978 and Crown Court Rules ”.

(20)In section 93(3) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

(21)In section 95(1) for the definition of “police force” substitute—

police force” means—

(a)the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(b)the Ministry of Defence Police,

(c)any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)), or

(d)any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16),.

(22)Omit section 95(2).

97Application of Criminal Appeal Acts to proceedings under Part 10E+W+N.I.

[F132(1)]Subject to the provisions of this Part, the Secretary of State may make an order containing provision, in relation to proceedings [F133in England and Wales] before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c. 19)F134. . . (subject to any specified modifications).

[F135(2)Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980 F136 (subject to any specified modifications).]

Part 11E+WEvidence

Chapter 1E+WEvidence of bad character

IntroductoryE+W

98“Bad character”E+W

References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—

(a)has to do with the alleged facts of the offence with which the defendant is charged, or

(b)is evidence of misconduct in connection with the investigation or prosecution of that offence.

99Abolition of common law rulesE+W

(1)The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.

(2)Subsection (1) is subject to section 118(1) in so far as it preserves the rule under which in criminal proceedings a person’s reputation is admissible for the purposes of proving his bad character.

Persons other than defendantsE+W

100Non-defendant’s bad characterE+W

(1)In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—

(a)it is important explanatory evidence,

(b)it has substantial probative value in relation to a matter which—

(i)is a matter in issue in the proceedings, and

(ii)is of substantial importance in the context of the case as a whole,

or

(c)all parties to the proceedings agree to the evidence being admissible.

(2)For the purposes of subsection (1)(a) evidence is important explanatory evidence if—

(a)without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and

(b)its value for understanding the case as a whole is substantial.

(3)In assessing the probative value of evidence for the purposes of subsection (1)(b) the court must have regard to the following factors (and to any others it considers relevant)—

(a)the nature and number of the events, or other things, to which the evidence relates;

(b)when those events or things are alleged to have happened or existed;

(c)where—

(i)the evidence is evidence of a person’s misconduct, and

(ii)it is suggested that the evidence has probative value by reason of similarity between that misconduct and other alleged misconduct,

the nature and extent of the similarities and the dissimilarities between each of the alleged instances of misconduct;

(d)where—

(i)the evidence is evidence of a person’s misconduct,

(ii)it is suggested that that person is also responsible for the misconduct charged, and

(iii)the identity of the person responsible for the misconduct charged is disputed,

the extent to which the evidence shows or tends to show that the same person was responsible each time.

(4)Except where subsection (1)(c) applies, evidence of the bad character of a person other than the defendant must not be given without leave of the court.

DefendantsE+W

101Defendant’s bad characterE+W

(1)In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if—

(a)all parties to the proceedings agree to the evidence being admissible,

(b)the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it,

(c)it is important explanatory evidence,

(d)it is relevant to an important matter in issue between the defendant and the prosecution,

(e)it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant,

(f)it is evidence to correct a false impression given by the defendant, or

(g)the defendant has made an attack on another person’s character.

(2)Sections 102 to 106 contain provision supplementing subsection (1).

(3)The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

(4)On an application to exclude evidence under subsection (3) the court must have regard, in particular, to the length of time between the matters to which that evidence relates and the matters which form the subject of the offence charged.

102“Important explanatory evidence”E+W

For the purposes of section 101(1)(c) evidence is important explanatory evidence if—

(a)without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and

(b)its value for understanding the case as a whole is substantial.

103“Matter in issue between the defendant and the prosecution”E+W

(1)For the purposes of section 101(1)(d) the matters in issue between the defendant and the prosecution include—

(a)the question whether the defendant has a propensity to commit offences of the kind with which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence;

(b)the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant’s case is untruthful in any respect.

(2)Where subsection (1)(a) applies, a defendant’s propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—

(a)an offence of the same description as the one with which he is charged, or

(b)an offence of the same category as the one with which he is charged.

(3)Subsection (2) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.

(4)For the purposes of subsection (2)—

(a)two offences are of the same description as each other if the statement of the offence in a written charge or indictment would, in each case, be in the same terms;

(b)two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of this section by an order made by the Secretary of State.

(5)A category prescribed by an order under subsection (4)(b) must consist of offences of the same type.

(6)Only prosecution evidence is admissible under section 101(1)(d).

[F137(7)Where—

(a)a defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”),

subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.

(8)For the purposes of subsection (2)—

(a)the previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a);

(b)the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).

(9)For the purposes of subsection (10) “foreign service offence” means an offence which—

(a)was the subject of proceedings under the service law of a country outside the United Kingdom, and

(b)would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”).

(10)Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)—

(a)the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a);

(b)the previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).

(11)In this section—

  • Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

  • service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country.]

Textual Amendments

104“Matter in issue between the defendant and a co-defendant”E+W

(1)Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence.

(2)Only evidence—

(a)which is to be (or has been) adduced by the co-defendant, or

(b)which a witness is to be invited to give (or has given) in cross-examination by the co-defendant,

is admissible under section 101(1)(e).

105“Evidence to correct a false impression”E+W

(1)For the purposes of section 101(1)(f)—

(a)the defendant gives a false impression if he is responsible for the making of an express or implied assertion which is apt to give the court or jury a false or misleading impression about the defendant;

(b)evidence to correct such an impression is evidence which has probative value in correcting it.

(2)A defendant is treated as being responsible for the making of an assertion if—

(a)the assertion is made by the defendant in the proceedings (whether or not in evidence given by him),

(b)the assertion was made by the defendant—

(i)on being questioned under caution, before charge, about the offence with which he is charged, or

(ii)on being charged with the offence or officially informed that he might be prosecuted for it,

and evidence of the assertion is given in the proceedings,

(c)the assertion is made by a witness called by the defendant,

(d)the assertion is made by any witness in cross-examination in response to a question asked by the defendant that is intended to elicit it, or is likely to do so, or

(e)the assertion was made by any person out of court, and the defendant adduces evidence of it in the proceedings.

(3)A defendant who would otherwise be treated as responsible for the making of an assertion shall not be so treated if, or to the extent that, he withdraws it or disassociates himself from it.

(4)Where it appears to the court that a defendant, by means of his conduct (other than the giving of evidence) in the proceedings, is seeking to give the court or jury an impression about himself that is false or misleading, the court may if it appears just to do so treat the defendant as being responsible for the making of an assertion which is apt to give that impression.

(5)In subsection (4) “conduct” includes appearance or dress.

(6)Evidence is admissible under section 101(1)(f) only if it goes no further than is necessary to correct the false impression.

(7)Only prosecution evidence is admissible under section 101(1)(f).

106“Attack on another person’s character”E+W

(1)For the purposes of section 101(1)(g) a defendant makes an attack on another person’s character if—

(a)he adduces evidence attacking the other person’s character,

(b)he (or any legal representative appointed under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) to cross-examine a witness in his interests) asks questions in cross-examination that are intended to elicit such evidence, or are likely to do so, or

(c)evidence is given of an imputation about the other person made by the defendant—

(i)on being questioned under caution, before charge, about the offence with which he is charged, or

(ii)on being charged with the offence or officially informed that he might be prosecuted for it.

(2)In subsection (1) “evidence attacking the other person’s character” means evidence to the effect that the other person—

(a)has committed an offence (whether a different offence from the one with which the defendant is charged or the same one), or

(b)has behaved, or is disposed to behave, in a reprehensible way;

and “imputation about the other person” means an assertion to that effect.

(3)Only prosecution evidence is admissible under section 101(1)(g).

107Stopping the case where evidence contaminatedE+W

(1)If on a defendant’s trial before a judge and jury for an offence—

(a)evidence of his bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and

(b)the court is satisfied at any time after the close of the case for the prosecution that—

(i)the evidence is contaminated, and

(ii)the contamination is such that, considering the importance of the evidence to the case against the defendant, his conviction of the offence would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.

(2)Where—

(a)a jury is directed under subsection (1) to acquit a defendant of an offence, and

(b)the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,

the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1)(b) in respect of it.

(3)If—

(a)a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged,

(b)evidence of the person’s bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and

(c)the court is satisfied at any time after the close of the case for the prosecution that—

(i)the evidence is contaminated, and

(ii)the contamination is such that, considering the importance of the evidence to the case against the person, a finding that he did the act or made the omission would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.

(4)This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.

(5)For the purposes of this section a person’s evidence is contaminated where—

(a)as a result of an agreement or understanding between the person and one or more others, or

(b)as a result of the person being aware of anything alleged by one or more others whose evidence may be, or has been, given in the proceedings,

the evidence is false or misleading in any respect, or is different from what it would otherwise have been.

108Offences committed by defendant when a childE+W

(1)Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) shall cease to have effect.

(2)In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is not admissible unless—

(a)both of the offences are triable only on indictment, and

(b)the court is satisfied that the interests of justice require the evidence to be admissible.

[F138(2A)Subsection (2B) applies where—

(a)the defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged.

(2B)For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.]

(3)Subsection (2) applies in addition to section 101.

Textual Amendments

GeneralE+W

109Assumption of truth in assessment of relevance or probative valueE+W

(1)Subject to subsection (2), a reference in this Chapter to the relevance or probative value of evidence is a reference to its relevance or probative value on the assumption that it is true.

(2)In assessing the relevance or probative value of an item of evidence for any purpose of this Chapter, a court need not assume that the evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true.

110Court’s duty to give reasons for rulingsE+W

(1)Where the court makes a relevant ruling—

(a)it must state in open court (but in the absence of the jury, if there is one) its reasons for the ruling;

(b)if it is a magistrates' court, it must cause the ruling and the reasons for it to be entered in the register of the court’s proceedings.

(2)In this section “relevant ruling” means—

(a)a ruling on whether an item of evidence is evidence of a person’s bad character;

(b)a ruling on whether an item of such evidence is admissible under section 100 or 101 (including a ruling on an application under section 101(3));

(c)a ruling under section 107.

111Rules of courtE+W

(1)Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules.

(2)The rules may, and, where the party in question is the prosecution, must, contain provision requiring a party who—

(a)proposes to adduce evidence of a defendant’s bad character, or

(b)proposes to cross-examine a witness with a view to eliciting such evidence,

to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.

(3)The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of subsection (2).

(4)In considering the exercise of its powers with respect to costs, the court may take into account any failure by a party to comply with a requirement imposed by virtue of subsection (2) and not dispensed with by virtue of subsection (3).

(5)The rules may—

(a)limit the application of any provision of the rules to prescribed circumstances;

(b)subject any provision of the rules to prescribed exceptions;

(c)make different provision for different cases or circumstances.

(6)Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.

[F139(7)In this section “prescribed” means prescribed by rules of court.]

112Interpretation of Chapter 1E+W

(1)In this Chapter—

  • bad character” is to be read in accordance with section 98;

  • criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;

  • important matter” means a matter of substantial importance in the context of the case as a whole;

  • misconduct” means the commission of an offence or other reprehensible behaviour;

  • offence” includes a service offence;

  • “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;

  • prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;

  • [F140service offence” has the same meaning as in the Armed Forces Act 2006;]

  • written charge” has the same meaning as in section 29 and also includes an information.

(2)Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.

(3)Nothing in this Chapter affects the exclusion of evidence—

(a)under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,

(b)under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or

(c)on grounds other than the fact that it is evidence of a person’s bad character.

Textual Amendments

F140S. 112(1): definition of "service offence" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 215; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C5S. 112(1) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(2)

113Armed forcesE+W

Schedule 6 (armed forces) has effect.

Chapter 2E+WHearsay evidence

Hearsay: main provisionsE+W

114Admissibility of hearsay evidenceE+W

(1)In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—

(a)any provision of this Chapter or any other statutory provision makes it admissible,

(b)any rule of law preserved by section 118 makes it admissible,

(c)all parties to the proceedings agree to it being admissible, or

(d)the court is satisfied that it is in the interests of justice for it to be admissible.

(2)In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)—

(a)how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case;

(b)what other evidence has been, or can be, given on the matter or evidence mentioned in paragraph (a);

(c)how important the matter or evidence mentioned in paragraph (a) is in the context of the case as a whole;

(d)the circumstances in which the statement was made;

(e)how reliable the maker of the statement appears to be;

(f)how reliable the evidence of the making of the statement appears to be;

(g)whether oral evidence of the matter stated can be given and, if not, why it cannot;

(h)the amount of difficulty involved in challenging the statement;

(i)the extent to which that difficulty would be likely to prejudice the party facing it.

(3)Nothing in this Chapter affects the exclusion of evidence of a statement on grounds other than the fact that it is a statement not made in oral evidence in the proceedings.

Commencement Information

I69S. 114 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

115Statements and matters statedE+W

(1)In this Chapter references to a statement or to a matter stated are to be read as follows.

(2)A statement is any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial form.

(3)A matter stated is one to which this Chapter applies if (and only if) the purpose, or one of the purposes, of the person making the statement appears to the court to have been—

(a)to cause another person to believe the matter, or

(b)to cause another person to act or a machine to operate on the basis that the matter is as stated.

Commencement Information

I70S. 115 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

Principal categories of admissibilityE+W

116Cases where a witness is unavailableE+W

(1)In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if—

(a)oral evidence given in the proceedings by the person who made the statement would be admissible as evidence of that matter,

(b)the person who made the statement (the relevant person) is identified to the court’s satisfaction, and

(c)any of the five conditions mentioned in subsection (2) is satisfied.

(2)The conditions are—

(a)that the relevant person is dead;

(b)that the relevant person is unfit to be a witness because of his bodily or mental condition;

(c)that the relevant person is outside the United Kingdom and it is not reasonably practicable to secure his attendance;

(d)that the relevant person cannot be found although such steps as it is reasonably practicable to take to find him have been taken;

(e)that through fear the relevant person does not give (or does not continue to give) oral evidence in the proceedings, either at all or in connection with the subject matter of the statement, and the court gives leave for the statement to be given in evidence.

(3)For the purposes of subsection (2)(e) “fear” is to be widely construed and (for example) includes fear of the death or injury of another person or of financial loss.

(4)Leave may be given under subsection (2)(e) only if the court considers that the statement ought to be admitted in the interests of justice, having regard—

(a)to the statement’s contents,

(b)to any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence),

(c)in appropriate cases, to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made in relation to the relevant person, and

(d)to any other relevant circumstances.

(5)A condition set out in any paragraph of subsection (2) which is in fact satisfied is to be treated as not satisfied if it is shown that the circumstances described in that paragraph are caused—

(a)by the person in support of whose case it is sought to give the statement in evidence, or

(b)by a person acting on his behalf,

in order to prevent the relevant person giving oral evidence in the proceedings (whether at all or in connection with the subject matter of the statement).

Commencement Information

I71S. 116 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

117Business and other documentsE+W

(1)In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if—

(a)oral evidence given in the proceedings would be admissible as evidence of that matter,

(b)the requirements of subsection (2) are satisfied, and

(c)the requirements of subsection (5) are satisfied, in a case where subsection (4) requires them to be.

(2)The requirements of this subsection are satisfied if—

(a)the document or the part containing the statement was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office,

(b)the person who supplied the information contained in the statement (the relevant person) had or may reasonably be supposed to have had personal knowledge of the matters dealt with, and

(c)each person (if any) through whom the information was supplied from the relevant person to the person mentioned in paragraph (a) received the information in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office.

(3)The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same person.

(4)The additional requirements of subsection (5) must be satisfied if the statement—

(a)was prepared for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, but

[F141(b)was not obtained pursuant to—

(i)a request under section 7 of the Crime (International Co-operation) Act 2003,

(ii)an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988,F142...

(iii)F143..., [F144or

(iv)an overseas production order under the Crime (Overseas Production Orders) Act 2019,]

(all of which relate to overseas evidence)]

(5)The requirements of this subsection are satisfied if—

(a)any of the five conditions mentioned in section 116(2) is satisfied (absence of relevant person etc), or

(b)the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances).

(6)A statement is not admissible under this section if the court makes a direction to that effect under subsection (7).

(7)The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it is tendered is doubtful in view of—

(a)its contents,

(b)the source of the information contained in it,

(c)the way in which or the circumstances in which the information was supplied or received, or

(d)the way in which or the circumstances in which the document concerned was created or received.

Textual Amendments

F144S. 117(4)(b)(iv) and preceding word inserted (9.10.2019) by Crime (Overseas Production Orders) Act 2019 (c. 5), ss. 10(3)(b), 20(1); S.I. 2019/1318, reg. 2(2)(j)(3)

Commencement Information

I72S. 117 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

118Preservation of certain common law categories of admissibilityE+W

(1)The following rules of law are preserved.

Public information etc

1   Any rule of law under which in criminal proceedings—

(a)published works dealing with matters of a public nature (such as histories, scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them,

(b)public documents (such as public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them,

(c)records (such as the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated in them, or

(d)evidence relating to a person’s age or date or place of birth may be given by a person without personal knowledge of the matter.

Reputation as to character

2   Any rule of law under which in criminal proceedings evidence of a person’s reputation is admissible for the purpose of proving his good or bad character.

Note

The rule is preserved only so far as it allows the court to treat such evidence as proving the matter concerned.

Reputation or family tradition

3   Any rule of law under which in criminal proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving—

(a)pedigree or the existence of a marriage,

(b)the existence of any public or general right, or

(c)the identity of any person or thing.

Note

The rule is preserved only so far as it allows the court to treat such evidence as proving or disproving the matter concerned.

Res gestae

4   Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if—

(a)the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded,

(b)the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or

(c)the statement relates to a physical sensation or a mental state (such as intention or emotion).

Confessions etc

5   Any rule of law relating to the admissibility of confessions or mixed statements in criminal proceedings.

Admissions by agents etc

6   Any rule of law under which in criminal proceedings—

(a)an admission made by an agent of a defendant is admissible against the defendant as evidence of any matter stated, or

(b)a statement made by a person to whom a defendant refers a person for information is admissible against the defendant as evidence of any matter stated.

Common enterprise

7   Any rule of law under which in criminal proceedings a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated.

Expert evidence

8   Any rule of law under which in criminal proceedings an expert witness may draw on the body of expertise relevant to his field.

(2)With the exception of the rules preserved by this section, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished.

Commencement Information

I73S. 118 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

119Inconsistent statementsE+W

(1)If in criminal proceedings a person gives oral evidence and—

(a)he admits making a previous inconsistent statement, or

(b)a previous inconsistent statement made by him is proved by virtue of section 3, 4 or 5 of the Criminal Procedure Act 1865 (c. 18),

the statement is admissible as evidence of any matter stated of which oral evidence by him would be admissible.

(2)If in criminal proceedings evidence of an inconsistent statement by any person is given under section 124(2)(c), the statement is admissible as evidence of any matter stated in it of which oral evidence by that person would be admissible.

Commencement Information

I74S. 119 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

120Other previous statements of witnessesE+W

(1)This section applies where a person (the witness) is called to give evidence in criminal proceedings.

(2)If a previous statement by the witness is admitted as evidence to rebut a suggestion that his oral evidence has been fabricated, that statement is admissible as evidence of any matter stated of which oral evidence by the witness would be admissible.

(3)A statement made by the witness in a document—

(a)which is used by him to refresh his memory while giving evidence,

(b)on which he is cross-examined, and

(c)which as a consequence is received in evidence in the proceedings,

is admissible as evidence of any matter stated of which oral evidence by him would be admissible.

(4)A previous statement by the witness is admissible as evidence of any matter stated of which oral evidence by him would be admissible, if—

(a)any of the following three conditions is satisfied, and

(b)while giving evidence the witness indicates that to the best of his belief he made the statement, and that to the best of his belief it states the truth.

(5)The first condition is that the statement identifies or describes a person, object or place.

(6)The second condition is that the statement was made by the witness when the matters stated were fresh in his memory but he does not remember them, and cannot reasonably be expected to remember them, well enough to give oral evidence of them in the proceedings.

(7)The third condition is that—

(a)the witness claims to be a person against whom an offence has been committed,

(b)the offence is one to which the proceedings relate,

(c)the statement consists of a complaint made by the witness (whether to a person in authority or not) about conduct which would, if proved, constitute the offence or part of the offence,

(d)F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the complaint was not made as a result of a threat or a promise, and

(f)before the statement is adduced the witness gives oral evidence in connection with its subject matter.

(8)For the purposes of subsection (7) the fact that the complaint was elicited (for example, by a leading question) is irrelevant unless a threat or a promise was involved.

Textual Amendments

F145S. 120(7)(d) omitted (1.2.2010) by virtue of and repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 112, 182(5), Sch. 23 Pt. 3; S.I. 2010/145, art. 2(2), Sch.; S.I. 2010/816, art. 2, Sch.

Commencement Information

I75S. 120 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

SupplementaryE+W

121Additional requirement for admissibility of multiple hearsayE+W

(1)A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless—

(a)either of the statements is admissible under section 117, 119 or 120,

(b)all parties to the proceedings so agree, or

(c)the court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose.

(2)In this section “hearsay statement” means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it.

Commencement Information

I76S. 121 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

122Documents produced as exhibitsE+W

(1)This section applies if on a trial before a judge and jury for an offence—

(a)a statement made in a document is admitted in evidence under section 119 or 120, and

(b)the document or a copy of it is produced as an exhibit.

(2)The exhibit must not accompany the jury when they retire to consider their verdict unless—

(a)the court considers it appropriate, or

(b)all the parties to the proceedings agree that it should accompany the jury.

Commencement Information

I77S. 122 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

123Capability to make statementE+W

(1)Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement.

(2)Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created or received the document or part concerned—

(a)did not have the required capability at that time, or

(b)cannot be identified but cannot reasonably be assumed to have had the required capability at that time.

(3)For the purposes of this section a person has the required capability if he is capable of—

(a)understanding questions put to him about the matters stated, and

(b)giving answers to such questions which can be understood.

(4)Where by reason of this section there is an issue as to whether a person had the required capability when he made a statement—

(a)proceedings held for the determination of the issue must take place in the absence of the jury (if there is one);

(b)in determining the issue the court may receive expert evidence and evidence from any person to whom the statement in question was made;

(c)the burden of proof on the issue lies on the party seeking to adduce the statement, and the standard of proof is the balance of probabilities.

Commencement Information

I78S. 123 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

124CredibilityE+W

(1)This section applies if in criminal proceedings—

(a)a statement not made in oral evidence in the proceedings is admitted as evidence of a matter stated, and

(b)the maker of the statement does not give oral evidence in connection with the subject matter of the statement.

(2)In such a case—

(a)any evidence which (if he had given such evidence) would have been admissible as relevant to his credibility as a witness is so admissible in the proceedings;

(b)evidence may with the court’s leave be given of any matter which (if he had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party;

(c)evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself.

(3)If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.

(4)In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, must have supplied or received the information concerned or created or received the document or part concerned is to be treated as the maker of the statement for the purposes of subsections (1) to (3) above.

Commencement Information

I79S. 124 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

125Stopping the case where evidence is unconvincingE+W

(1)If on a defendant’s trial before a judge and jury for an offence the court is satisfied at any time after the close of the case for the prosecution that—

(a)the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and

(b)the evidence provided by the statement is so unconvincing that, considering its importance to the case against the defendant, his conviction of the offence would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.

(2)Where—

(a)a jury is directed under subsection (1) to acquit a defendant of an offence, and

(b)the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,

the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1) in respect of it.

(3)If—

(a)a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, and

(b)the court is satisfied as mentioned in subsection (1) above at any time after the close of the case for the prosecution that—

(i)the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and

(ii)the evidence provided by the statement is so unconvincing that, considering its importance to the case against the person, a finding that he did the act or made the omission would be unsafe,

the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.

(4)This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.

Commencement Information

I80S. 125 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

126Court’s general discretion to exclude evidenceE+W

(1)In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if—

(a)the statement was made otherwise than in oral evidence in the proceedings, and

(b)the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.

(2)Nothing in this Chapter prejudices—

(a)any power of a court to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), or

(b)any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise).

Commencement Information

I81S. 126 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

MiscellaneousE+W

127Expert evidence: preparatory work.E+W

(1)This section applies if—

(a)a statement has been prepared for the purposes of criminal proceedings,

(b)the person who prepared the statement had or may reasonably be supposed to have had personal knowledge of the matters stated,

(c)notice is given under the appropriate rules that another person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and

(d)the notice gives the name of the person who prepared the statement and the nature of the matters stated.

(2)In evidence given in the proceedings the expert may base an opinion or inference on the statement.

(3)If evidence based on the statement is given under subsection (2) the statement is to be treated as evidence of what it states.

(4)This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.

(5)The matters to be considered by the court in deciding whether to make an order under subsection (4) include—

(a)the expense of calling as a witness the person who prepared the statement;

(b)whether relevant evidence could be given by that person which could not be given by the expert;

(c)whether that person can reasonably be expected to remember the matters stated well enough to give oral evidence of them.

(6)Subsections (1) to (5) apply to a statement prepared for the purposes of a criminal investigation as they apply to a statement prepared for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation.

(7)The appropriate rules are [F146Criminal Procedure Rules made by virtue of]

(a)F147. . . section 81 of the Police and Criminal Evidence Act 1984 (advance notice of expert evidence in Crown Court), or

(b)F148. . . section 20(3) of the Criminal Procedure and Investigations Act 1996 (c. 25) (advance notice of expert evidence in magistrates' courts).

Textual Amendments

Commencement Information

I82S. 127 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

128ConfessionsE+W

(1)In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76—

76AConfessions may be given in evidence for co-accused

(1)In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.

(2)If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—

(a)by oppression of the person who made it; or

(b)in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,

the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.

(3)Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.

(4)The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—

(a)of any facts discovered as a result of the confession; or

(b)where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.

(5)Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.

(6)Subsection (5) above applies—

(a)to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and

(b)to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.

(7)In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).

(2)Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the Police and Criminal Evidence Act 1984 (c. 60).

(3)In subsection (2) “confession” has the meaning given by section 82 of that Act.

Commencement Information

I83S. 128 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

129Representations other than by a personE+W

(1)Where a representation of any fact—

(a)is made otherwise than by a person, but

(b)depends for its accuracy on information supplied (directly or indirectly) by a person,

the representation is not admissible in criminal proceedings as evidence of the fact unless it is proved that the information was accurate.

(2)Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.

Commencement Information

I84S. 129 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

130DepositionsE+W

In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of paragraph 5 is omitted (power of the court to overrule an objection to a deposition being read as evidence by virtue of that paragraph).

Commencement Information

I85S. 130 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

131Evidence at retrialE+W

For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (oral evidence and use of transcripts etc at retrials under that Act) there is substituted—

Evidence

1(1)Evidence given at a retrial must be given orally if it was given orally at the original trial, unless—

(a)all the parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).

(2)Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use of depositions) does not apply at a retrial to a deposition read as evidence at the original trial.

Commencement Information

I86S. 131 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

GeneralE+W

132Rules of courtE+W

(1)Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Chapter; and the appropriate authority is the authority entitled to make the rules.

(2)The rules may make provision about the procedure to be followed and other conditions to be fulfilled by a party proposing to tender a statement in evidence under any provision of this Chapter.

(3)The rules may require a party proposing to tender the evidence to serve on each party to the proceedings such notice, and such particulars of or relating to the evidence, as may be prescribed.

(4)The rules may provide that the evidence is to be treated as admissible by agreement of the parties if—

(a)a notice has been served in accordance with provision made under subsection (3), and

(b)no counter-notice in the prescribed form objecting to the admission of the evidence has been served by a party.

(5)If a party proposing to tender evidence fails to comply with a prescribed requirement applicable to it—

(a)the evidence is not admissible except with the court’s leave;

(b)where leave is given the court or jury may draw such inferences from the failure as appear proper;

(c)the failure may be taken into account by the court in considering the exercise of its powers with respect to costs.

(6)In considering whether or how to exercise any of its powers under subsection (5) the court shall have regard to whether there is any justification for the failure to comply with the requirement.

(7)A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b).

(8)Rules under this section may—

(a)limit the application of any provision of the rules to prescribed circumstances;

(b)subject any provision of the rules to prescribed exceptions;

(c)make different provision for different cases or circumstances.

(9)Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.

[F149(10)In this section “prescribed” means prescribed by rules of court]

133Proof of statements in documentsE+W

Where a statement in a document is admissible as evidence in criminal proceedings, the statement may be proved by producing either—

(a)the document, or

(b)(whether or not the document exists) a copy of the document or of the material part of it,

authenticated in whatever way the court may approve.

Commencement Information

I87S. 133 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

134Interpretation of Chapter 2E+W

(1)In this Chapter—

  • copy”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

  • criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

  • document” means anything in which information of any description is recorded;

  • oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

  • statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.

(2)Section 115 (statements and matters stated) contains other general interpretative provisions.

(3)Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings.

Commencement Information

I88S. 134 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

135Armed forcesE+W

Schedule 7 (hearsay evidence: armed forces) has effect.

Commencement Information

I89S. 135 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

136Repeals etcE+W

In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to some extent superseded by provisions of this Chapter) are repealed—

(a)Part 2 and Schedule 2 (which relate to documentary evidence);

(b)in Schedule 13, paragraphs 2 to 5 (which relate to documentary evidence in service courts etc).

Commencement Information

I90S. 136 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)

Chapter 3E+WMiscellaneous and supplemental

Prospective

137Evidence by video recordingE+W

(1)This section applies where—

(a)a person is called as a witness in proceedings for an offence triable only on indictment, or for a prescribed offence triable either way,

(b)the person claims to have witnessed (whether visually or in any other way)—

(i)events alleged by the prosecution to include conduct constituting the offence or part of the offence, or

(ii)events closely connected with such events,

(c)he has previously given an account of the events in question (whether in response to questions asked or otherwise),

(d)the account was given at a time when those events were fresh in the person’s memory (or would have been, assuming the truth of the claim mentioned in paragraph (b)),

(e)a video recording was made of the account,

(f)the court has made a direction that the recording should be admitted as evidence in chief of the witness, and the direction has not been rescinded, and

(g)the recording is played in the proceedings in accordance with the direction.

(2)If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.

(3)A direction under subsection (1)(f)—

(a)may not be made in relation to a recorded account given by the defendant;

(b)may be made only if it appears to the court that—

(i)the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and

(ii)it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (4).

(4)Those matters are—

(a)the interval between the time of the events in question and the time when the recorded account was made;

(b)any other factors that might affect the reliability of what the witness said in that account;

(c)the quality of the recording;

(d)any views of the witness as to whether his evidence in chief should be given orally or by means of the recording.

(5)For the purposes of subsection (2) it does not matter if the statements in the recorded account were not made on oath.

(6)In this section “prescribed” means of a description specified in an order made by the Secretary of State.

Prospective

138Video evidence: further provisionsE+W

F150(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The reference in subsection (1)(f) of section 137 to the admission of a recording includes a reference to the admission of part of the recording; and references in that section and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.

(3)In considering whether any part of a recording should be not admitted under section 137, the court must consider—

(a)whether admitting that part would carry a risk of prejudice to the defendant, and

(b)if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.

(4)A court may not make a direction under section 137(1)(f) in relation to any proceedings unless—

(a)the Secretary of State has notified the court that arrangements can be made, in the area in which it appears to the court that the proceedings will take place, for implementing directions under that section, and

(b)the notice has not been withdrawn.

(5)Nothing in section 137 affects the admissibility of any video recording which would be admissible apart from that section.

Textual Amendments

139Use of documents to refresh memoryE+W

(1)A person giving oral evidence in criminal proceedings about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—

(a)he states in his oral evidence that the document records his recollection of the matter at that earlier time, and

(b)his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.

(2)Where—

(a)a person giving oral evidence in criminal proceedings about any matter has previously given an oral account, of which a sound recording was made, and he states in that evidence that the account represented his recollection of the matter at that time,

(b)his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his oral evidence, and

(c)a transcript has been made of the sound recording,

he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.

Commencement Information

I91S. 139 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

140Interpretation of Chapter 3E+W

In this Chapter—

  • criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

  • document” means anything in which information of any description is recorded, but not including any recording of sounds or moving images;

  • oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

  • video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.

Commencement Information

I92S. 140 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

141SavingE+W

No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision.

Commencement Information

I93S. 141 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

Part 12U.K.Sentencing

Modifications etc. (not altering text)

C6Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C7Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 1E+WGeneral provisions about sentencing

Modifications etc. (not altering text)

C8Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Matters to be taken into account in sentencingE+W

F151142Purposes of sentencingE+W

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Textual Amendments

Prospective

F151142APurposes etc. of sentencing: offenders under 18E+W

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

Textual Amendments

F151143Determining the seriousness of an offenceE+W

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

Textual Amendments

F151144Reduction in sentences for guilty pleasE+W

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

Textual Amendments

F151145Increase in sentences for racial or religious aggravationE+W

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

Textual Amendments

F151146Increase in sentences for aggravation related to disability, sexual orientation or transgender identity E+W

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Textual Amendments

General restrictions on community sentencesE+W

F151147Meaning of “community sentence” etc.E+W

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Textual Amendments

F151148Restrictions on imposing community sentencesE+W

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Textual Amendments

F151149Passing of community sentence on offender remanded in custodyE+W

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Textual Amendments

F151150Community sentence not available where sentence fixed by law etc.E+W

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

Textual Amendments

F151150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously finedE+W

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Textual Amendments

Prospective

F151151Community order or youth rehabilitation order for persistent offender previously finedE+W

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Textual Amendments

General restrictions on discretionary custodial sentencesE+W

F151152General restrictions on imposing discretionary custodial sentencesE+W

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Textual Amendments

F151153Length of discretionary custodial sentences: general provisionE+W

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Textual Amendments

Prospective

General limit on magistrates' court’s power to impose imprisonmentE+W

F151154General limit on magistrates' court’s power to impose imprisonmentE+W

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

Textual Amendments

155Consecutive terms of imprisonmentE+W

(1)Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.

(2)In subsection (1), for [F152“the words from “the longest” to “being imposed”] there is substituted “ 65 weeks ”.

(3)Subsection (2) is omitted.

(4)In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ”.

Textual Amendments

Procedural requirements for imposing community sentences and discretionary custodial sentencesE+W

F153156Pre-sentence reports and other requirementsE+W

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Textual Amendments

F153157Additional requirements in case of mentally disordered offenderE+W

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Textual Amendments

F153158Meaning of “pre-sentence report”E+W

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Textual Amendments

Disclosure of pre-sentence reports etcE+W

F153159Disclosure of pre-sentence reportsE+W

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Textual Amendments

F153160Other reports of local probation boards , providers of probation services and members of youth offending teamsE+W

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Textual Amendments

Pre-sentence drug testingE+W

F153161Pre-sentence drug testingE+W

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Textual Amendments

SurchargesE+W

F153161ACourt’s duty to order payment of surchargeE+W

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Textual Amendments

F153161BAmount of surchargeE+W

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Textual Amendments

FinesE+W

F153162Powers to order statement as to offender’s financial circumstancesE+W

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Textual Amendments

F153163General power of Crown Court to fine offender convicted on indictmentE+W

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Textual Amendments

F153164Fixing of finesE+W

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Textual Amendments

F153165Remission of finesE+W

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Textual Amendments

Savings for power to mitigate etcE+W

F153166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offendersE+W

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Textual Amendments

Sentencing and allocation guidelinesE+W

167The Sentencing Guidelines CouncilE+W

F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

168Sentencing Guidelines Council: supplementary provisionsE+W

F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

169The Sentencing Advisory PanelE+W

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

170Guidelines relating to sentencing and allocationE+W

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

171Functions of Sentencing Advisory Panel in relation to guidelinesE+W

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

172Duty of court to have regard to sentencing guidelinesE+W

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

173Annual report by CouncilE+W

F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Duty of court to explain sentenceE+W

F161174Duty to give reasons for and to explain effect of sentenceE+W

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Textual Amendments

Publication of information by Secretary of StateE+W

175Duty to publish information about sentencingE+W

In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—

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

(i)in preventing re-offending, and

(ii)in promoting public confidence in the criminal justice system;.

Commencement Information

I94S. 175 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)

Interpretation of ChapterE+W

F162176Interpretation of Chapter 1E+W

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Textual Amendments

Chapter 2U.K.Community orders: offenders aged 16 or over

F162177Community ordersE+W

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Textual Amendments

F162178Power to provide for court review of community ordersE+W

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Textual Amendments

F162179Breach, revocation or amendment of community orderE+W

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Textual Amendments

F162180Transfer of community orders to Scotland or Northern IrelandU.K.

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Textual Amendments

Chapter 3E+W[F163Suspended sentence orders]

Prison sentences of less than 12 monthsE+W

F164181Prison sentences of less than 12 monthsE+W

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F164182Licence conditionsE+W

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Intermittent custodyE+W

F164183Intermittent custodyE+W

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F164184Restrictions on power to make intermittent custody orderE+W

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F164185Intermittent custody: licence conditionsE+W

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F164186Further provisions relating to intermittent custodyE+W

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Further provision about custody plus orders and intermittent custody ordersE+W

F164187Revocation or amendment of orderE+W

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F164188Transfer of custody plus orders and intermittent custody orders to Scotland or Northern IrelandU.K.

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Suspended sentencesE+W

F165189Suspended sentences of imprisonmentE+W

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Textual Amendments

F165190Imposition of requirements by suspended sentence orderE+W

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Textual Amendments

F165191Power to provide for review of suspended sentence orderE+W

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Textual Amendments

F165192Periodic reviews of suspended sentence orderE+W

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Textual Amendments

F165193Breach, revocation or amendment of suspended sentence order, and effect of further convictionE+W

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Textual Amendments

F165194Transfer of suspended sentence orders to Scotland or Northern IrelandU.K.

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Textual Amendments

Interpretation of ChapterE+W

F165195Interpretation of Chapter 3E+W

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Textual Amendments

Chapter 4E+WFurther provisions about orders under Chapters 2 and 3

Modifications etc. (not altering text)

C10Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C11Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

IntroductoryE+W

F165196Meaning of “relevant order” etc E+W

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Textual Amendments

F165197Meaning of “the responsible officer”E+W

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Textual Amendments

F165198Duties of responsible officerE+W

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Textual Amendments

Requirements available in case of all offendersE+W

F165199Unpaid work requirementE+W

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Textual Amendments

F165200Obligations of person subject to unpaid work requirementE+W

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Textual Amendments

F165200ARehabilitation activity requirementE+W

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Textual Amendments

F165201Activity requirementE+W

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Textual Amendments

F165202Programme requirementE+W

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Textual Amendments

F165203Prohibited activity requirementE+W

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Textual Amendments

F165204Curfew requirementE+W

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Textual Amendments

F165205Exclusion requirementE+W

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Textual Amendments

F165206Residence requirementE+W

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Textual Amendments

F165206AForeign travel prohibition requirementE+W

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Textual Amendments

F165207Mental health treatment requirementE+W

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Textual Amendments

F165208Mental health treatment at place other than that specified in orderE+W

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Textual Amendments

F165209Drug rehabilitation requirementE+W

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Textual Amendments

F165210Drug rehabilitation requirement: provision for review by courtE+W

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Textual Amendments

F165211Periodic review of drug rehabilitation requirementE+W

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Textual Amendments

F165212Alcohol treatment requirementE+W

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Textual Amendments

F165212AAlcohol abstinence and monitoring requirementE+W

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Textual Amendments

F165213Supervision requirementE+W

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Textual Amendments

Requirements available only in case of offenders aged under 25E+W

F165214Attendance centre requirementE+W

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Textual Amendments

Electronic monitoringE+W

F165215Electronic monitoring requirementE+W

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Textual Amendments

F165215AData from electronic monitoring: code of practiceE+W

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Textual Amendments

Provisions applying to relevant orders generallyE+W

F165216Local justice area to be specified in relevant orderE+W

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Textual Amendments

F165217Requirement to avoid conflict with religious beliefs, etcE+W

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Textual Amendments

F165218Availability of arrangements in local areaE+W

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Textual Amendments

F165219Provision of copies of relevant ordersE+W

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Textual Amendments

F165220Duty of offender to keep in touch with responsible officerE+W

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Textual Amendments

F165220ADuty to obtain permission before changing residenceE+W

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Textual Amendments

Powers of Secretary of StateE+W

221Provision of attendance centresE+W

(1)The Secretary of State may continue to provide attendance centres.

(2)In this Part “attendance centre” means a place at which offenders F166... may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of—

(a)attendance centre requirements of relevant orders, or

[F167(aa)attendance centre requirements of youth rehabilitation orders, within [F168the meaning given by section 173 of the Sentencing Code],]

(b)attendance centre orders under section 60 of [F169the PCC(S)A 2000],

[F170(c)default orders under section 300 of this Act, or

(d)youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.]

(3)For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or [F171local policing body] for the use of premises of [F172that authority or body].

[F173(4)In this section “relevant order” means—

(a)an order under section 177(1) (community order) or 189(1) (suspended sentence order);

(b)a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.]

Textual Amendments

F168Words in s. 221(2)(aa) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 217(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F169Words in s. 221(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 217(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I95S. 221 wholly in force at 4.4.2005; s. 221 not in force at Royal Assent, see s. 336(3); s. 221 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 221 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 17 (subject to art. 2(2), Sch. 2)

F174222RulesE+W

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Textual Amendments

F174223Power to amend limitsE+W

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Textual Amendments

Chapter 5E+WDangerous offenders

InterpretationE+W

F174224Meaning of “specified offence” etc.E+W

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Textual Amendments

Life sentencesE+W

F174224ALife sentence for second listed offenceE+W

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Textual Amendments

F174225Life sentence ... for serious offencesE+W

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Textual Amendments

F174226Detention for life ... for serious offences committed by those under 18E+W

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Textual Amendments

[F175Extended sentences]E+W

Textual Amendments

F174226AExtended sentence for certain violent, sexual or terrorism offences: persons 18 or overE+W

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Textual Amendments

F174226BExtended sentence for certain violent, sexual or terrorism offences: persons under 18E+W

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Textual Amendments

F174227Extended sentence for certain violent or sexual offences: persons 18 or overE+W

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Textual Amendments

F174228Extended sentence for certain violent or sexual offences: persons under 18E+W

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Textual Amendments

F174229The assessment of dangerousnessE+W

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Textual Amendments

230Imprisonment or detention for public protection: release on licenceE+W

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

Commencement Information

I96S. 230 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

SupplementaryE+W

F176231Appeals where previous convictions set asideE+W

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Textual Amendments

F176232Certificates of convictions for purposes of sections 225 and 227E+W

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Textual Amendments

F176232ACertificates of convictionE+W

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Textual Amendments

F176233Offences under service lawE+W

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Textual Amendments

F176234Determination of day when offence committedE+W

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Textual Amendments

F176235Detention under sections 226, 226B and 228E+W

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Textual Amendments

F176236Conversion of sentences of detention into sentences of imprisonmentE+W

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Textual Amendments

CHAPTER 5AU.K.Other offenders of particular concern

F176236ASpecial custodial sentence for certain offenders of particular concernU.K.

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Textual Amendments

Chapter 6E+W [F177 Release, licences[F178, supervision] and recall ]

Textual Amendments

F178Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

Modifications etc. (not altering text)

C12Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)

C14Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C15Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

PreliminaryE+W

237Meaning of “fixed-term prisoner” [F179etc]E+W

(1)In this Chapter “fixed-term prisoner” means—

(a)a person serving a sentence of imprisonment for a determinate term, or

(b)a person serving a determinate sentence of detention under section 91 [F180or 96] of [F181the PCC(S)A 2000, under] section [F182226A, 226B,] [F183227 ][F184, 228 or 236A] of this Act [F185or under section 250 [F186, 252A], 254, 262, 265, [F187266 or 268A] of the Sentencing Code].

[F188and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).]

[F189(1B)In this Chapter—

(a)references to a sentence of imprisonment include such a sentence passed by a service court;

[F190(aa)references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006;]

(b)references to a sentence of detention under [F191section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code] include a sentence of detention under section 209 of the Armed Forces Act 2006;

[F192(ba)references to a sentence under section 226A of this Act [F193or section 266 or 279 of the Sentencing Code] include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb)references to a sentence under section 226B of this Act [F194or section 254 of the Sentencing Code] include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;]

(c)references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 [F195or section 240A]; F196...

(d)references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act[F197, and

(e)references to a sentence under section 236A of this Act [F198or section 265 or 278 of the Sentencing Code] include a sentence under that section passed as a result of section 224A of that Act.]

(1C)Nothing in subsection (1B) has the effect that [F199section 240ZA] or 265 [F200of this Act or section 225 of the Sentencing Code] (provision equivalent to which is made by the Armed Forces Act 2006) [F201or section 240A] applies to a service court.]

(2)In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.

[F202(3)In this Chapter, references to a sentence of detention under section 96 of [F203the PCC(S)A 2000, under] section [F204226A][F205, 227 or 236A] of this Act [F206or under section 262, 265 [F207, 266 or 268A] of the Sentencing Code] are references to a sentence of detention in a young offender institution.]

Textual Amendments

F179Word in s. 237 heading inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F181Words in s. 237(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F185Words in s. 237(1)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F189S. 237(1B)(1C) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F191Words in s. 237(1B)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F193Words in s. 237(1B)(ba) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F194Words in s. 237(1B)(bb) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F198Words in s. 237(1B)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(3)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F200Words in s. 237(1C) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F203Words in s. 237(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 218(5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C17S. 237(1B) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(8)

Commencement Information

I97S. 237 wholly in force at 4.4.2005; s. 237 not in force at Royal Assent, see s. 336(3); s. 237 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 237 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Power of court to recommend licence conditionsE+W

F208238Power of court to recommend licence conditions for certain prisonersE+W

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Textual Amendments

239The Parole BoardE+W

(1)The Parole Board is to continue to be, by that name, a body corporate and as such is—

(a)to be constituted in accordance with this Chapter, and

(b)to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.

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

(3)The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—

(a)any documents given to it by the Secretary of State, and

(b)any other oral or written information obtained by it;

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

(4)The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.

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

[F209(5A)Rules under subsection (5) may, in particular, make provision—

(a)requiring or permitting the Board to make provisional decisions;

(b)about the circumstances—

(i)in which the Board must or may reconsider such decisions;

(ii)in which such decisions become final;

(c)conferring power on the Board to set aside a decision or direction that is within subsection (5B),

and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act.

(5B)The following are within this subsection—

(a)a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or

(b)a direction given by the Board for the release of a prisoner which the Board determines it would not have given if—

(i)information that was not available to the Board when the direction was given had been so available, or

(ii)a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given.

(5C)Provision made by virtue of subsection (5A)(c)

(a)may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but

(b)may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside.]

(6)The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—

(a)the need to protect the public from serious harm from offenders, and

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

(7)Schedule 19 shall have effect with respect to the Board.

Textual Amendments

Commencement Information

I98S. 239 wholly in force at 4.4.2005; s. 239 not in force at Royal Assent, see s. 336(3); s. 239 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 239(5)(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 239 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Effect of remand in custody[F210or on bail subject to certain types of condition]E+W

Textual Amendments

F210Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)

F211240Crediting of periods of remand in custody: terms of imprisonment and detentionE+W

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

[F212240ZATime remanded in custody to count as time served: terms of imprisonment [F213or detention and detention and training orders] E+W

(1)This section applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence.

[F214(1A)This section also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the offender concerned has been remanded in custody in connection with the offence or a related offence.

(1B)In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (1A)(a).]

(2)It is immaterial for [F215the purposes of subsection (1)(b) or (1A)(b)] whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).

(3)The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.

But this is subject to subsections (4) to (6).

(4)If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.

(5)A day counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(6)A day is not to count as time served as part of any [F216automatic release period served by the offender] (see section 255B(1)).

[F217(6A)Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.]

(7)For the purposes of this section a suspended sentence—

(a)is to be treated as a sentence of imprisonment when it takes effect under [F218paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code], and

(b)is to be treated as being imposed by the order under which it takes effect.

(8)In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

[F219(8A)Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if—

(a)the sentences were imposed on the same occasion, or

(b)where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions.

(9)For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence.]

(10)The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—

(a)detention pursuant to any custodial sentence;

(b)committal in default of payment of any sum of money;

(c)committal for want of sufficient distress to satisfy any sum of money;

(d)committal for failure to do or abstain from doing anything required to be done or left undone.

(11)This section applies to a determinate sentence of detention under section 91 or 96 [F220of the PCC(S)A 2000, under section 250, [F221252A,] 254, 262, 265 [F222, 266 or 268A] of the Sentencing Code or under] section [F223226A, 226B,] 227[F224, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]

Textual Amendments

F216Words in s. 240ZA(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(6), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F218Words in s. 240ZA(7)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F220Words in s. 240ZA(11) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 219(4) (with Sch. 27); S.I. 2020/1236, reg. 2

[F225240A [F226Time remanded on bail to count towards time served]: terms of imprisonment [F227or detention and detention and training orders] E+W

(1)[F228Subsection (2) applies] where—

(a)a court sentences an offender to imprisonment for a term in respect of an offence [F229of which the offender was convicted before 1 December 2020] F230... ,

(b)the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and

(c)the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).

(2)Subject to [F231subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.

F232[F233(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F234(3ZA)Subsection (3ZB) applies where—

(a)an offender is serving a term of imprisonment in respect of an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

[F235(3ZAA)Subsection (3ZB) also applies where—

(a)a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and

(b)the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order.

(3ZAB)In this section any reference to a “sentence”, in relation to an offender, is to—

(a)a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or

(b)a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a).]

(3ZB)Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.]

(3A)A day of the credit period counts as time served—

(a)in relation to only one sentence, and

(b)only once in relation to that sentence.

(3B)A day of the credit period is not to count as time served as part of any [F236automatic release period served by the offender] (see section 255B(1)).]

F237(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F238(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F238(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[F239Subsections (7) to (9) and (11) of section 240ZA] apply for the purposes of this section as they apply for the purposes of that section but as if—

(a)in subsection (7)—

(i)the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of [F240the PCC(S)A 2000] relates;

(ii)in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of [F241the PCC(S)A 2000]; and

(b)[F242in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to [F243subsections (2) and (3ZB)] of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.

(12)In this section—

  • [F244curfew requirement” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;]

  • electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;

  • qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F245...

  • F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F228Words in s. 240A(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F229Words in s. 240A(1)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(2)(b) (with Sch. 27) (as amended by S.I. 2020/1236, regs. 1, 4(7)(b)); S.I. 2020/1236, reg. 2

F233S. 240A(3)-(3B) substituted for s. 240A(3)-(8) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 109(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F234S. 240A(3ZA)(3ZB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F236Words in s. 240A(3B) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(7), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

F240Words in s. 240A(11)(a)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F241Words in s. 240A(11)(a)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F243Words in s. 240A(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 220(5) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C18S. 240A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

C19S. 240A applied (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 325(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C20S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 2

C21S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 3

C22S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008 (S.I. 2008/2793), art. 4

241Effect of [F246section 240ZA or direction under section 240A] [F247or under section 325 of the Sentencing Code] on release on licenceE+W

(1)In determining for the purposes of this Chapter F248... whether a person [F249to whom section 240ZA applies or a direction under section 240A ] [F250or under section 325 of the Sentencing Code] relates —

(a)has served, or would (but for his release) have served, a particular proportion of his sentence, or

(b)has served a particular period,

the number of days [F251specified in section 240ZA or in the direction under section 240A] [F252or under section 325 of the Sentencing Code] are to be treated as having been served by him as part of that sentence or period.

[F253(1A)In subsection (1) the reference to [F254section 240ZA includes] section 246 of the Armed Forces Act 2006.]

F255(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F247Words in s. 241 heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 221(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F253S. 241(1A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c.52), ss. 378(1), 383, Sch. 16 para. 220; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

Commencement Information

I99S. 241 wholly in force 4.4.2005; s. 241 not in force at Royal Assent, see s. 336(3); s. 241 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 241 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

242Interpretation of [F256sections 240ZA][F257, 240A] and 241E+W

(1)For the purposes of [F256sections 240ZA][F257, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—

sentence of imprisonment” does not include a committal—

(a)in default of payment of any sum of money, other than one adjudged to be paid on a conviction,;

and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.

(2)References in [F256sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—

(a)remanded in or committed to custody by order of a court,

(b)remanded [F258to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012], or

(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).

[F259(3)In sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code.]

F260(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C25S. 242(2)(b) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(a) by S.I. 2012/2906, art. 7(2)(3) (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2

C26S. 242(3) modification to saving for effects of 2012 c. 10, Sch. 12 para. 51(b) by S.I. 2012/2906, art. 7(2)(3) (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 138; S.I. 2012/1236, reg. 2

Commencement Information

I100S. 242 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

243Persons extradited to the United KingdomE+W

(1)A fixed-term prisoner is an extradited prisoner for the purposes of this section if—

(a)he was tried for the offence in respect of which his sentence was imposed [F261or he received that sentence]

(i)after having been extradited to the United Kingdom, and

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

(b)he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a)[F262, and

(c)the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.]

F263[F264(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A)Section 240ZA applies to days specified under [F265section 327(3) of the Sentencing Code] as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]

F266(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262S. 243(1)(c) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F263S. 243(2) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F265Words in s. 243(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 222(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I101S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F267Unconditional releaseE+W

Textual Amendments

243ADuty to release [F268certain] prisoners serving less than 12 monthsE+W

[F269(1)This section applies to a fixed-term prisoner if—

(a)the prisoner is serving a sentence which is for a term of 1 day, or

(b)the prisoner—

(i)is serving a sentence which is for a term of less than 12 months, and

(ii)is aged under 18 on the last day of the requisite custodial period.

(1A)This section also applies to a fixed-term prisoner if—

(a)the prisoner is serving a sentence which is for a term of less than 12 months, and

(b)the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.]

[F270(1B)But this section does not apply to a prisoner to whom section 247A applies.]

(2)As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.

[F271(2A)Subsection (2) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.]

(3)For the purposes of this section “the requisite custodial period” is—

(a)[F272in relation to a person serving one sentence], one-half of the sentence, and

(b)in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F273264(2B) or (2E)].

(4)This section is subject to—

(a)section 256B (supervision of young offenders after release), and

(b)paragraph 8 of Schedule 20B (transitional cases).]

Textual Amendments

F269S. 243A(1)(1A) substituted for s. 243A(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 1, 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(a)

Modifications etc. (not altering text)

C28S. 243A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a), 9(2)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 2; S.I. 2012/2906, art. 2(l))

C29S. 243A excluded by International Criminal Court Act 2001 (c. 17), Sch. 7 para. 3(1) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 4; S.I. 2012/2906, art. 2(l))

Release on licenceE+W

244Duty to release prisoners [F274not subject to special provision for release] E+W

(1)As soon as a fixed-term prisoner, other than a prisoner to whom section [F275243A[F276, [F277244ZA,] 244A][F278, 246A]][F279, 247 or 247A] applies, has served the requisite custodial period [F280for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.

[F281(1ZA)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.]

[F282(1A)Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F283or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]

F284(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F285For the purposes of this section]the requisite custodial period” means—

(a)[F286in relation to a prisoner serving one sentence], one-half of his sentence,

F287(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F287(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to a person serving two or more concurrent or consecutive sentences F288... , the period determined under sections 263(2) and [F289264(2B) or (2E)].

[F290(4)This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I102S. 244 partly in force; s. 244 not in force at Royal Assent, see s. 336(3); s. 244(1)(2)(3)(c)(d) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 244(1)(2)(3)(a)(d) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F291244ZARelease on licence of certain violent or sexual offendersE+W

(1)As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section.

(2)This section applies to a prisoner who—

(a)is serving a fixed-term sentence within subsection (4), (5) or (6),

(b)is not a prisoner to whom section 244A, 246A or 247A applies, and

(c)has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C).

(3)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section 244ZB, or

(b)a notice given to the prisoner under subsection (4) of that section is in force.

(4)A fixed-term sentence is within this subsection if it—

(a)is a sentence of—

(i)imprisonment, or

(ii)detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after 1 April 2020, and

(d)was imposed in respect of an offence—

(i)that is specified in Part 1 or 2 of Schedule 15, and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(5)A fixed-term sentence is within this subsection if it—

(a)is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code,

(b)is for a term of at least 4 years but less than 7 years,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(6)A fixed-term sentence is within this subsection if it—

(a)is a sentence of detention under section 250 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(d)was imposed in respect of an offence within subsection (7).

(7)An offence is within this subsection if—

(a)it is specified in any of the following paragraphs of Part 1 of Schedule 15—

(i)paragraph 1 (manslaughter);

(ii)paragraph 4 (soliciting murder);

(iii)paragraph 6 (wounding with intent to cause grievous bodily harm);

(iv)paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6;

(v)paragraph 65 (inchoate offences in relation to murder), or

(b)it is an offence—

(i)that is specified in Part 2 of that Schedule (sexual offences), and

(ii)for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed.

(8)For the purposes of this section “the requisite custodial period” means—

(a)in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and

(b)in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E).]

[F292244ZBReferral of high-risk offenders to Parole Board in place of automatic releaseE+W

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled.

(2)For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences—

(a)murder;

(b)specified offences, within the meaning of section 306 of the Sentencing Code.

(3)If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board.

(4)Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force).

(5)A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a).

(6)A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section 243A(2A), 244(1ZA) or 244ZA(3)),

(b)why the Secretary of State is of the requisite opinion, and

(c)the prisoner’s right to make representations (see subsection (12)).

(7)A notice given under subsection (4)

(a)takes effect at whichever is the earlier of—

(i)the time when it is received by the prisoner, and

(ii)the time when it would ordinarily be received by the prisoner, and

(b)remains in force until—

(i)the Secretary of State refers the prisoner’s case to the Board under this section, or

(ii)the notice is revoked.

(8)The Secretary of State—

(a)may revoke a notice given under subsection (4), and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(9)If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a)

(a)the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and

(b)the High Court, if satisfied that that ground is made out, must by order revoke the notice.

(10)At any time before the Board disposes of a reference under this section, the Secretary of State—

(a)may rescind the reference, and

(b)must do so if the Secretary of State is no longer of the requisite opinion.

(11)If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4)).

(12)The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made.

244ZCProceedings following reference under section 244ZBE+W

(1)This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB.

(2)If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal.

(3)It is the duty of the Secretary of State to release the prisoner on licence as soon as—

(a)the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this section.

(4)The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(5)The Board must not subsequently give a direction under subsection (3) unless—

(a)the Secretary of State has referred the prisoner’s case to the Board under subsection (2), and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6)For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB(1)(a).]

[F293244ARelease on licence of prisoners serving sentence under [F294section 278 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A [F295or under section 265 or 278 of the Sentencing Code] [F296, other than a prisoner to whom section 247A applies].

(2)The Secretary of State must refer P's case to the Board—

(a)as soon as P has served the requisite custodial period, and

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(3)It is the duty of the Secretary of State to release P on licence under this section as soon as—

(a)P has served the requisite custodial period, and

(b)the Board has directed P's release under this section.

(4)The Board must not give a direction under subsection (3) unless—

(a)the Secretary of State has referred P's case to the Board, and

(b)the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).

(6)For the purposes of this section—

  • the appropriate custodial term” means the term determined as such by the court under section 236A [F297or under section 265 or 278 of the Sentencing Code];

  • the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence [F298imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force], one-half of the appropriate custodial term,

    (aa)

    [F299in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term,] and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F300264(2D)].]

F301245Restrictions on operation of section 244(1) in relation to intermittent custody prisonersE+W

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

246Power to release prisoners on licence before required to do soE+W

(1)Subject to subsections (2) to (4), the Secretary of State may—

(a)release on licence under this section a fixed-term prisoner F302... at any time during the period of [F303180] days ending with the day on which the prisoner will have served the requisite custodial period, F304...

F304(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subsection (1)(a) does not apply in relation to a prisoner unless—

(a)the length of the requisite custodial period is at least 6 weeks, [F305and

(b)he has served—

(i)at least 4 weeks of that period, and

(ii)at least one-half of that period.]

F306(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (1) does not apply where—

(a)the sentence is imposed under section [F307226A,] 227 [F308, 228 or 236A] [F309or under section 265, 266, 278 or 279 of the Sentencing Code],

[F310(aa)the sentence is for a term of 4 years or more,]

[F311(ab)the prisoner is one to whom section 247A applies,]

(b)the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),

(c)the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),

(d)the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 [F312, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,] in a case where the prisoner has failed to comply with a curfew requirement of a community order,

(e)the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),

(f)the prisoner is liable to removal from the United Kingdom,

[F313(fa)the prisoner’s case has been referred to the Board under section 244ZB,

(fb)a notice given to the prisoner under subsection (4) of that section is in force,]

(g)the prisoner has been released on licence under this section [F314at any time], and has been recalled to prison under section 255(1)(a) [F315(and the revocation has not been cancelled under section 255(3))],

[F316(ga)the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);]

(h)the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F317...

[F318(ha)the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of [F319the PCC(S)A 2000], or]

(i)in the case of a prisoner [F320to whom section 240ZA applies or a direction under section 240A [F321or under section 325 of the Sentencing Code] relates], the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days F322... .

[F323(4ZA)Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—

(a)if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;

(b)if the terms are to be served consecutively, a reference to the aggregate of the terms.]

[F324(4A)In subsection (4)—

(a)the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and

(b)the reference in paragraph (i) to [F325section 240ZA includes] section 246 of that Act.]

(5)The Secretary of State may by order—

(a)amend the number of days for the time being specified in subsection (1)(a) F326... or (4)(i),

(b)amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and

(c)amend the fraction for the time being specified in subsection (2)(b)(ii) F327... .

(6)In this section—

  • F328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • the requisite custodial period” in relation to a person serving any sentence F329... , has the meaning given by [F330paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a) F329... or (d) of section 244(3);

  • F331. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F332term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of [F333the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code] or under section [F334226A, 226B,] 227 [F335, 228 or 236A] of this Act.]

Textual Amendments

F305S. 246(2)(b) and word substituted (14.7.2008) for s. 246(2)(b) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 24, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 11

F309Words in s. 246(4)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F312Words in s. 246(4)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F319Words in s. 246(4)(ha) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F321Words in s. 246(4)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(2)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F324S. 246(4A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 221; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F333Words in s. 246(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 224(3) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C31S. 246 excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 237(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I103S. 246 wholly in force at 4.4.2005; s. 246 not in force at Royal Assent, see s. 336(3); s. 246(1)(b)(3)(4)(b)-(i)(5)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 246(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 246 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F336246ARelease on licence of prisoners serving extended sentence under [F337section 254, 266 or 279 of the Sentencing Code etc] E+W

(1)This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B [F338or under section 254, 266 or 279 of the Sentencing Code] [F339, other than a prisoner to whom section 247A applies].

(2)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section [F340if—

(a)the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

(b)the appropriate custodial term is less than 10 years, and

(c)the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.]

(3)[F341In any other case], it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).

(4)The Secretary of State must refer P's case to the Board—

(a)as soon as P has served the requisite custodial period, and

(b)where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

(5)It is the duty of the Secretary of State to release P on licence under this section as soon as—

(a)P has served the requisite custodial period, and

(b)the Board has directed P's release under this section.

(6)The Board must not give a direction under subsection (5) unless—

(a)the Secretary of State has referred P's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined.

[F342(6A)Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P.]

(7)It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).

(8)For the purposes of this section—

  • appropriate custodial term” means the term determined as such by the court under section 226A or 226B [F343or under section 254, 266 or 279 of the Sentencing Code] (as appropriate);

  • the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F344264(2B), (2D) or (2E)].]

[F345246BManslaughter: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for manslaughter;

(b)the Board does not know where and how the victim's remains were disposed of; and

(c)the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)In this section, in relation to a prisoner—

  • public protection decision” means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

  • victim” means the victim of the offence for which the prisoner's sentence was passed;

and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died.]

[F345246CIndecent images: prisoner's non-disclosure of informationE+W

(1)The Board must comply with this section when making a public protection decision about a prisoner if—

(a)the prisoner's sentence was passed for—

(i)an offence of taking an indecent photograph of a child, or

(ii)a relevant offence of making an indecent pseudo-photograph of a child;

(b)the Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c)the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”).

(2)When making the public protection decision about the prisoner, the Board must take into account—

(a)the prisoner's non-disclosure; and

(b)the reasons, in the Board's view, for the prisoner's non-disclosure.

(3)This section does not limit the matters which the Board must or may take into account when making a public protection decision.

(4)In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5)For the purposes of this section, an offence is—

(a)an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child;

(b)a “relevant offence of making an indecent pseudo-photograph of a child” if—

(i)it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and

(ii)the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

(6)In this section—

  • public protection decision”, in relation to a prisoner, means the decision, made under section 246A(6)(b) for the purposes of section 246A(5), as to whether the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

  • relevant indecent image” means—

    (a)

    the photograph to which an offence of taking an indecent photograph of a child relates, or

    (b)

    the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.]

247Release on licence of prisoner serving extended sentence under section 227 or 228E+W

(1)This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228[F346, other than a prisoner to whom section 247A applies].

(2)As soon as—

(a)a prisoner to whom this section applies has served [F347the requisite custodial period], F348. . .

(b)F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

it is the duty of the Secretary of State to release him on licence.

(3)F350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F354(7)In this section—

  • the appropriate custodial term” means the period determined by the court as the appropriate custodial term under section 227 or 228;

  • the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    (b)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F355264(2B) or (2E)].]

[F356(8)In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

I104S. 247 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F357247ARestricted eligibility for release on licence of terrorist prisonersE+W

(1)This section applies to a prisoner (a “terrorist prisoner”) who—

(a)is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and

(b)has not been released on licence.

(2)An offence is within this subsection ([F358whenever it was committed]) if—

[F359(a)it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),]

[F360(b)it is a service offence as respects which the corresponding civil offence is so specified, or

(c)it was determined to have a terrorist connection.]

[F361(2A)Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed—

(a)under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders),

(b)on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and

(c)in respect of an offence that—

(i)is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life),

(ii)is a service offence as respects which the corresponding civil offence is so specified,

(iii)is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or

(iv)is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection.]

(3)It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—

(a)as soon as the prisoner has served the requisite custodial period, and

(b)where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.

(4)It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—

(a)the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this section.

(5)The Board must not give a direction under subsection (4) unless—

(a)the Secretary of State has referred the terrorist prisoner's case to the Board, and

(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6)Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A [F362or under section [F363252A,] 254, 265, 266, [F364268A, 278, 279 or 282A] of the Sentencing Code].

(7)It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).

[F365(7A)For the purposes of this section, an offence was determined to have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or

(iii)section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b)proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).]

(8)For the purposes of this section—

  • the appropriate custodial term”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, [F366or under section [F367252A,] 254, 265, 266, [F368268A, 278, 279 or 282A] of the Sentencing Code,] means the term determined as such by the court under that provision;

  • the requisite custodial period” means—

    (a)

    in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, [F366or under section [F367252A,] 254, 265, 266, 278 or 279 of the Sentencing Code,] two-thirds of the appropriate custodial term,

    (b)

    in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and

    (c)

    in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and [F369264(2B), (2D) or (2E)];

  • service offence”, [F370and “corresponding civil offence”] have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(9)For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—

(a)it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial [F371period] (within the meaning of this section, not section 244A), or

(b)it was made under section 246A(4).

(10)Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.

[F372(10A)In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force.]

(11)This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).]

Textual Amendments

F362Words in s. 247A(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 226(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F366Words in s. 247A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 226(4) (with Sch. 27); S.I. 2020/1236, reg. 2

248Power to release prisoners on compassionate groundsE+W

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

F373(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I105S. 248 wholly in force at 4.4.2005; s. 248 not in force at Royal Assent, see s. 336(3); s. 248(1) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 248 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

249Duration of licenceE+W

(1)Subject to [F374subsection (3)], where a fixed-term prisoner[F375, other than one to whom section 243A applies,] is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.

[F376(1A)Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.

This is subject to subsection (3).]

F377(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F378Subsections (1) and (1A) have] effect subject to [F379section] 263(2) (concurrent terms) [F380and sections 264(3C)(a) and 264B] F381... (consecutive terms) F382... .

F383(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F384(5)This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).]

Textual Amendments

Commencement Information

I106S. 249 wholly in force at 4.4.2005; s. 249 not in force at Royal Assent, see s. 336(3); s. 249 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 249 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1) Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

250Licence conditionsE+W

(1)In this section—

(a)the standard conditions” means such conditions as may be prescribed for the purposes of this section as standard conditions, and

(b)prescribed” means prescribed by the Secretary of State by order.

F385(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F386(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F387(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F388... (including F388... a sentence imposed under section [F389226A][F390, 227 or 236A] [F391or under section 278 [F392, 279 or 282A] of the Sentencing Code]) or any sentence of detention under section 91 [F393or 96] of [F394the PCC(S)A 2000, under section 250, [F395252A,] 254, 262, 265 [F396, 266 or 268A] of the Sentencing Code or under] section [F397226A, 226B,] [F398227 ][F399, 228 or 236A] of this Act—

(a)must include the standard conditions,

[F400(aa)must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,] and

(b)may include—

(i)any [F401other] condition authorised by section 62[F402, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F403or section 28 of the Offender Management Act 2007], and

(ii)such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.

[F404(4A)In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).]

(5)A licence under section 246 must also include a curfew condition complying with section 253.

[F405(5A)The Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or

(b)vary or cancel any such condition included in such a licence,

unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition).

(5B)A licence is within this subsection if it is granted to a relevant prisoner—

(a)on their initial release in a case where that release is at the direction of the Board, or

(b)on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)).

(5C)In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release.]

F406(5BA). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F407(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F408(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a)the protection of the public,

(b)the prevention of re-offending, and

(c)securing the successful re-integration of the prisoner into the community.

F409(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394Words in s. 250(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 227(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F402Words in s. 250(4)(b)(i) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 12(2), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(k)

F403Words in s. 250(4)(b)(i) inserted (for specified purposes and with effect in accordance with art. 5 of the commencing S.I., 6.1.2014 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 28(5), 41(1); S.I. 2009/32, arts. 3(a), 4; S.I. 2013/1963, art. 2(1)

F405S. 250(5A)-(5C) substituted for s. 250(5A)-(5B) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 134(2), 208(1) (with s. 134(4)-(7)); S.I. 2022/520, reg. 5(o)

Commencement Information

I107S. 250 partly in force; s. 250 not in force at Royal Assent, see s. 336(3); s. 250(1)-(3)(5)-(8) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 250(1)(2)(b)(ii)(4)(b)(ii)(8) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 250(1)(4)-(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

F410251Licence conditions on re-release of prisoner serving sentence of less than 12 monthsE+W

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

Textual Amendments

Commencement Information

I108S. 251 partly in force; s. 251 not in force at Royal Assent, see s. 336(3); s. 251 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

252Duty to comply with licence conditionsE+W

[F411(1)]A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.

[F412(2)But where—

(a)the licence relates to a sentence of imprisonment passed by a service court, [F413and]

F414(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the person is residing outside the British Islands,

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.]

Textual Amendments

F411S. 252 renumbered (28.3.2009 for certain purposes, otherwise 31.10.2009) as s. 252(1) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F412S. 252(2) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I109S. 252 wholly in force at 4.4.2005; s. 252 not in force at Royal Assent, see s. 336(3); s. 252 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 252 in force in so far as not already in force at 4.4.2005 by S.I 2005/950, {art. 2(1)}, Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

253Curfew condition to be included in licence under section 246[F415, 255B or 255C] E+W

(1)For the purposes of this Chapter, a curfew condition is a condition which—

(a)requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be premises approved by the Secretary of State under [F416section 13 of the Offender Management Act 2007 (c.21)]), and

(b)includes [F417a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to] electronic monitoring of his whereabouts during the periods for the time being so specified.

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

(3)The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released [F418unconditionally under section 243A or] on licence under section 244.

F419(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F420(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.

Textual Amendments

Commencement Information

I110S. 253 wholly in force at 4.4.2005; s. 253 not in force at Royal Assent, see s. 336(3); s. 253 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 253(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 253 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Recall after releaseE+W

254Recall of prisoners while on licenceE+W

(1)The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

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

(a)may make representations in writing with respect to his recall, and

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

[F421(2A)The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.

(2B)The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.

(2C)Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.]

F422(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F422(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F422(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7)Nothing in [F423this section] applies in relation to a person recalled under section 255.

Textual Amendments

F422S. 254(3)-(5) repealed (14.7.2008 for certain purposes, otherwise 31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 15, 50(2)(c) (subject to Sch. 2 para. 3); S.I. 2009/2606, art. 3(c)

F423Words in s. 254(7) substituted (14.7.2008 for certain purposes, otherwise 31.10.2009 ) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (subject to Sch. 2 para. 3); S.I. 2009/2606 {art. 3(c)}

Commencement Information

I111S. 254 wholly in force at 4.4.2005; s. 254 not in force at Royal Assent, see s. 336(3); s. 254 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 254 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

255Recall of prisoners released early under section 246E+W

(1)If it appears to the Secretary of State, as regards a person released on licence under section 246—

(a)that he has failed to comply with [F424the curfew condition included in the licence], or

(b)that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,

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

(2)A person whose licence under section 246 is revoked under this section—

(a)may make representations in writing with respect to the revocation, and

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

(3)The Secretary of State, after considering any representations under [F425subsection (2)(a)] or any other matters, may cancel a revocation under this section.

(4)Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.

(5)On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.

Textual Amendments

F424Words in s. 255(1)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(3), 22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)

Commencement Information

I112S. 255 wholly in force at 4.4.2005; s. 255 not in force at Royal Assent, see s. 336(3); s. 255 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 255 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F426255ZAOffence of remaining unlawfully at large after recallE+W

(1)A person recalled to prison under section 254 or 255 commits an offence if the person—

(a)has been notified of the recall orally or in writing, and

(b)while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2)A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)written notice of the recall has been delivered to an appropriate address, and

(b)a period specified in the notice has elapsed.

(3)In subsection (2) “an appropriate address” means—

(a)an address at which, under the person's licence, the person is permitted to reside or stay, or

(b)an address nominated, in accordance with the person's licence, for the purposes of this section.

(4)A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a)the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b)the person has failed to comply with such an instruction, and

(c)the person has not complied with such an instruction for at least 6 months.

(5)A person who is guilty of an offence under this section is liable—

(a)on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b)on summary conviction to imprisonment for a term not exceeding [F427the general limit in a magistrates’ court] or a fine (or both).

(6)In relation to an offence committed before [F4282 May 2022], the reference in subsection (5)(b) to [F429the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(7)In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]

[F430Further release after recall]E+W

Textual Amendments

F430S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

[F430255AFurther release after recall: introductoryE+W

(1)This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.

(2)The Secretary of State must, on recalling a person other than an extended sentence prisoner [F431, a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB], consider whether the person is suitable for automatic release.

F432(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of [F433the automatic release period].

(5)The person must be dealt with—

(a)in accordance with section 255B if suitable for automatic release;

(b)in accordance with section 255C otherwise.

[F434but that is subject, where applicable, to section 243A(2) (unconditional release).]

(6)For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.

(7)An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—

(a)section [F435226A, 226B,] 227 or 228 of this Act, F436...

[F437(aa)section 254, 266 or 279 of the Sentencing Code, or]

(b)section 85 of [F438the PCC(S)A 2000];

and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to [F438the PCC(S)A 2000]) a reference to section 58 of the Crime and Disorder Act 1998.]

[F439(7A)A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code.]

[F440(8)Automatic release” means release at the end of the automatic release period.

(9)In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—

(a)where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;

(b)where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.

(10)In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—

(a)the period described in subsection (9)(a) or (b) (as appropriate);

(b)the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release.]

Textual Amendments

F436Word in s. 255A(7)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 228(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F438Words in s. 255A(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 228(c) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C32S. 255A(7) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[F430255BAutomatic releaseE+W

(1)A prisoner who is suitable for automatic release (“P”) must—

(a)on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and

(b)at the end of [F441the automatic release period (as defined in section 255A(9) and (10))], be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).

(4)If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.

[F442(4A)The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).]

(5)Where on a reference under subsection (4) the Board directs P's F443... release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).

(9)If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—

(a)the Secretary of State must inform P that he or she will not be released under this section, and

(b)section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.]

[F430255C[F444Prisoners not suitable for automatic release]E+W

(1)This section applies to a prisoner (“P”) [F445

(a)whose suitability for automatic release does not have to be considered under section 255A(2), or

(b)who is not considered suitable for automatic release.]

(2)The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.

(3)The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.

(4)The Secretary of State must refer P's case to the Board—

(a)if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or

(b)if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.

[F446(4A)The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison.]

(5)Where on a reference under subsection (4) the Board directs P's F447... release on licence under this Chapter, the Secretary of State must give effect to the direction.

(6)Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.

(7)Where this subsection applies—

(a)if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and

(b)P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.

(8)For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.]

F448256Review by the BoardE+W

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

[F449256AFurther reviewE+W

[F450(1)This section applies to a person if—

(a)there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and

(b)the person has not been released.

(1A)The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”).

(1B)Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State.]

(2)The Secretary of State may, at any time before [F451the review date], refer the person's case to the Board.

(3)The Board may at any time recommend to the Secretary of State that [F452the person’s] case be referred under subsection (2).

[F453(4)The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison.

(5)Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction.]]

[F454256AZARelease after recall where further sentence being servedE+W

(1)This section applies where a person (“the offender”) is serving two or more terms of imprisonment.

(2)Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others.

(3)Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(a)to refer the offender’s case to the Board, or

(b)to release the offender,

in respect of each of the others.

(4)If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence—

(a)until the last date on which the offender is required to be on licence in respect of any of the terms, and

(b)subject to such conditions as are required by this Chapter in respect of any of the sentences.

(5)This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment—

(a)section 91 or 96 of the PCC(S)A 2000;

(b)section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code;

(c)section 226A, 226B, 227, 228 or 236A of this Act.]

[F455256AZBPower to change test for release following recallE+W

(1)The Secretary of State may by order change—

(a)the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;

(b)the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2);

(c)the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2).

(2)An order under subsection (1) may in particular—

(a)apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day);

(b)amend this Chapter.]

[F456Release at the direction of the BoardE+W

256AZCRelease at direction of Parole Board: timingE+W

(1)This section applies where the Board directs the release of a person on licence under this Chapter.

(2)The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter.

(3)The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b).]

[F457Supervision of offendersE+W

Textual Amendments

F457S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)

256AASupervision after end of sentence of prisoners serving less than 2 yearsE+W

(1)This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—

(a)the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),

(b)the sentence was an extended sentence imposed under [F458section 254, 266 or 279 of the Sentencing Code],

[F459(ba)the sentence was imposed under [F460section 265 or 278 of that Code],]

[F461(bb)section 247A applied to the offender in respect of the sentence,] or

(c)the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.

(2)The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—

(a)in legal custody,

(b)subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or

(c)subject to DTO supervision.

(3)The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).

(4)“The supervision period” is the period which—

(a)begins on the expiry of the sentence, and

(b)ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)).

(5)The purpose of the supervision period is the rehabilitation of the offender.

(6)The Secretary of State must have regard to that purpose when specifying requirements under this section.

(7)The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.

(8)In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.

(9)In relation to a person subject to supervision requirements under this section following a sentence of detention under [F462section 250 of the Sentencing Code], the supervisor must be—

(a)an officer of a provider of probation services, or

(b)a member of the youth offending team established by the local authority in whose area the offender resides for the time being.

(10)In relation to any other person, the supervisor must be an officer of a provider of probation services.

(11)In this section “DTO supervision” means supervision under—

(a)a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or

(b)an order under [F463paragraph 3(2)(b) of Schedule 12 to the Sentencing Code] (breach of supervision requirements of detention and training order).

(12)This section has effect subject to section 264(3C)(b) and (3D).]

Textual Amendments

F463Words in s. 256AA(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 229(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C34Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C35S. 256AA(2)-(11) applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C36Ss. 256AA(2)-(11) applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4)(7), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[F464256ABSupervision requirements under section 256AAE+W

(1)The only requirements that the Secretary of State may specify in a notice under section 256AA are—

(a)a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;

(b)a requirement not to commit any offence;

(c)a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;

(d)a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;

(e)a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;

(f)a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;

(g)a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);

(h)a requirement to participate in activities in accordance with any instructions given by the supervisor;

(i)a drug testing requirement (see section 256D);

(j)a drug appointment requirement (see section 256E).

(2)Where a requirement is imposed under subsection (1)(h), [F465paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies] in relation to the requirement (reading references to the responsible officer as references to the supervisor).

(3)Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).

(4)The Secretary of State may by order—

(a)add requirements that may be specified in a notice under section 256AA,

(b)remove or amend such requirements,

(c)make provision about such requirements, including about the circumstances in which they may be imposed, and

(d)make provision about instructions given for the purposes of such requirements.

(5)An order under subsection (4) may amend this Act.

(6)In this section “work” includes paid and unpaid work.]

Textual Amendments

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C34Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C37S. 256AB applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C38S. 256AB applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C39S. 256AB(4) extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(5), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[F466256ACBreach of supervision requirements imposed under section 256AAE+W

(1)Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may—

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

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

(2)Any summons or warrant issued under this section must direct the person to appear or be brought—

(a)before a magistrates' court acting for the local justice area in which the offender resides, or

(b)if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.

(3)Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest.

(4)If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—

(a)order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),

(b)order the person to pay a fine not exceeding level 3 on the standard scale, or

(c)make an order (a “supervision default order”) imposing on the person—

(i)an unpaid work requirement (as defined by [F467paragraph 1 of Schedule 9 to the Sentencing Code]), or

(ii)a curfew requirement (as defined by [F468paragraph 9 of that Schedule]).

(5)[F469Paragraph 10(3) of Schedule 9 to the Sentencing Code] (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.

(6)If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.

(7)Where the person is under the age of 21—

(a)an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but

(b)the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(8)A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.

(9)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(10)In Schedule 19A (supervision default orders)—

(a)Part 1 makes provision about requirements of supervision default orders, and

(b)Part 2 makes provision about the breach, revocation and amendment of supervision default orders.

[F470(10A)Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.]

(11)A person dealt with under this section may appeal to the Crown Court against[F471

(a)]the order made by the court [F472under this section, and

(b)an order made by the court under [F473section 46 of the Sentencing Code] (criminal courts charge) when dealing with the person under this section.]]

Textual Amendments

F467Words in s. 256AC(4)(c)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F468Words in s. 256AC(4)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F471Words in s. 256AC(11) renumbered as s. 256AC(11)(a) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 14(a); S.I. 2015/778, art. 3, Sch. 1 para. 78

F473Words in s. 256AC(11)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 231(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C34Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C40S. 256AC applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C41S. 256AC applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(a)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

F474[F475...E+W

Textual Amendments

F474S. 256B cross-heading omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 19 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

256B[F476Supervision after release of certain young offenders serving less than 12 months]E+W

[F477(1)This section applies where a person (“the offender”) is released under this Chapter if—

(a)the person is, at the time of the release, serving a sentence of detention under [F478section 250 of the Sentencing Code] which is for a term of less than 12 months, and

(b)the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).

(1A)This section also applies where a person (“the offender”) is released under this Chapter if—

(a)the person is, at the time of the release, serving a sentence of detention under [F479section 250 or 262 of the Sentencing Code] which is for a term of less than 12 months, and

(b)the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.]

[F480(1B)But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.]

(2)The offender is to be under the supervision of—

(a)an officer of a provider of probation services,

(b)a social worker of a local authority, or

(c)F481... a member of the youth offending team.

(3)Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.

(4)Where the supervision is to be provided by—

(a)a social worker of a local authority, or

(b)a member of a youth offending team,

the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being.

(5)The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).

(6)During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.

(7)The requirements that may be specified in a notice under subsection (6) include—

(a)requirements [F482to submit to] electronic monitoring of the offender's compliance with any other requirements specified in the notice;

(b)requirements [F483to submit to] electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);

[F484(c)where the offender is aged 18 or over—

(i)drug testing requirements (see section 256D);

(ii)drug appointment requirements (see section 256E).]

[F485(7A)Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).]

F486(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F487(9)The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).]

F488(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F477S. 256B(1)(1A) substituted for s. 256B(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(d)

F481Words in s. 256B(2)(c) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(3), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

256CBreach of supervision requirements [F489imposed under section 256B] E+W

(1)Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—

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

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

(2)Any summons or warrant issued under this section must direct the offender to appear or be brought—

(a)before a court acting for the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant.

(3)Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.

(4)If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—

(a)order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or

(b)[F490order the offender to pay] a fine not exceeding level 3 on the standard scale.

(5)An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.

(6)A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(7)An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).

(8)In this section “court” means—

(a)if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court;

(b)if the offender is under the age of 18 years at the date of release, a youth court.]

Textual Amendments

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

[F491256DDrug testing requirementsE+W

(1)Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.

(2)A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a)the Secretary of State is satisfied of the matters in subsection (3), and

(b)the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement.

(3)Those matters are—

(a)that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and

(b)that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

(4)An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.

(5)The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.

(6)In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

Textual Amendments

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C42S. 256D applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C43S. 256D applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C44S. 256D applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(b)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

256EDrug appointment requirementsE+W

(1)Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.

(2)A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a)the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and

(b)the Secretary of State is satisfied of the matters in subsection (3).

(3)Those matters are—

(a)that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b)that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(c)that the dependency or propensity requires, and may be susceptible to, treatment, and

(d)that arrangements have been made, or can be made, for the offender to have treatment.

(4)The requirement must specify—

(a)the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b)where the appointments are to take place.

(5)The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6)The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—

(a)the duration of each appointment, and

(b)when each appointment is to take place.

(7)For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8)In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.]

Textual Amendments

Modifications etc. (not altering text)

C33Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C45S. 256E applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C46S. 256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C47S. 256E applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(b)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Additional daysE+W

257Additional days for disciplinary offencesE+W

(1)Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—

(a)to fixed-term prisoners, or

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

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

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

(a)any period which he must serve before becoming entitled to or eligible for release under this Chapter,

(b)any period which he must serve before he can be removed from prison under section 260, and

(c)any period for which a licence granted to him under this Chapter remains in force,

is extended by the aggregate of those additional days.

Commencement Information

I113S. 257 partly in force; s. 257 not in force at Royal Assent, see s. 336(3); s. 257 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 257(1) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 257(1)(2)(a)(b) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

I114S. 257(2)(c) in force at 3.12.2012 for specified purposes by S.I. 2012/2905, art. 2

Fine defaulters and contemnorsE+W

258Early release of fine defaulters and contemnorsE+W

(1)This section applies in relation to a person committed to prison—

(a)in default of payment of a sum adjudged to be paid by a conviction, or

(b)for contempt of court or any kindred offence.

(2)As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

[F492(2A)Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).]

[F493(2B)Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.

(2C)The Secretary of State may by order amend the amount for the time being specified in subsection (2B).]

(3)Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section [F494or in paragraph 35 of Schedule 20B] requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

[F495(3A)The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of [F496the PCC(S)A 2000, under section 250 [F497, 252A], 254, 262, 265 [F498, 266 or 268A] of the Sentencing Code] or under section [F499226A, 226B,] 227 [F500, 228 or 236A] of this Act.]

(4)The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.

Textual Amendments

F493S. 258(2B)(2C) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(3), 88(1) (with s. 86(2)); S.I. 2015/820, reg. 3(g)

F496Words in s. 258(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 233 (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I115S. 258 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Persons liable to removal from the United KingdomE+W

259Persons liable to removal from the United KingdomE+W

For the purposes of this Chapter a person is liable to removal from the United Kingdom if—

(a)he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,

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

(c)he has been notified of a decision to refuse him leave to enter the United Kingdom,

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

(e)he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Commencement Information

I116S. 259 wholly in force at 4.4.2005; s. 259 not in force at Royal Assent, see s. 336(3); s. 259 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 259 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Prospective

[F501259APersons eligible for removal from the United KingdomE+W

(1)For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.

(2)The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.

(3)The person must not be one who is liable to removal from the United Kingdom.]

Textual Amendments

260Early removal of prisoners liable to removal from United KingdomE+W

[F502(1)Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter).

(2)The minimum pre-removal custodial period is the longer of—

(a)one half of the requisite custodial period, and

(b)the requisite custodial period less [F503545 days].]

[F504(2C)[F505Subsection (1) does] do not apply in relation to a prisoner to whom section 247A applies.]

F506(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F507(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A prisoner removed from prison under this section—

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

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

(ii)section 10 of the Immigration and Asylum Act 1999 (c. 33), and

[F508(b)so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.]

[F509(4A)Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included—

(a)when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or

(b)when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence).

(4B)Where—

(a)before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and

(b)the person is removed from the United Kingdom before the Board has disposed of the reference,

the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).]

F510(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may by order—

[F511(a)amend the fraction for the time being specified in subsection (2)(a);

(b)amend the time period for the time being specified in subsection (2)(b).]

F512(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F513(8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]

[F514(9)Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a)the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b)subsection (5) is to be read as including reference to section 247A.]

Textual Amendments

F502S. 260(1)(2) substituted for s. 260(1)-(2B) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(3), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)

F511S. 260(6)(a)(b) substituted for s. 260(6)(a)-(c) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 47(8), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 24 (with Sch. 2 para. 9)

Commencement Information

I117S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

[F515261Removal under section 260 and subsequent return to UK: effect on sentenceE+W

Where a person—

(a)has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force,

(b)has been removed from the United Kingdom following that removal from prison, and

(c)returns to the United Kingdom,

this Chapter applies to the person with the modifications set out in Schedule 19B.]

F516262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991E+W

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

Consecutive or concurrent termsE+W

263Concurrent termsE+W

(1)This section applies where—

(a)a person (“the offender”) has been sentenced F517. . . to two or more terms of imprisonment which are wholly or partly concurrent, and

(b)the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

(2)Where this section applies—

(a)nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until he is required to release him in respect of each of the others,

[F518(aza)nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either—

(i)to refer the offender’s case to the Board, or

(ii)to release the offender,

in respect of each of the others,]

[F519(aa)the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),]

(b)[F520section 246] does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others [F521to which that section applies],

(c)on and after his release under this Chapter [F522(unless that release is unconditional)] the offender is to be on licence[F523

(i)until the last date on which the offender is required to be on licence in respect of any of the terms, and

(ii)subject to such conditions as are] required by this Chapter in respect of any of the sentences.

[F524(2A)Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others.]

F525(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F526or 96] of [F527the PCC(S)A 2000, under section 250, [F528252A,] 254, 262, 265 [F529, 266 or 268A] of the Sentencing Code] or under section [F530226A, 226B,] [F531227 ] [F532, 228 or 236A] of this Act.

[F533(5)This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).]

Textual Amendments

F517Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F527Words in s. 263(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 235 (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I118S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

264Consecutive termsE+W

(1)This section applies where—

(a)a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, and

(b)the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F534...

F534(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F535(2A)Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release.

(2B)Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms.

(2C)Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral.

(2D)Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms.

(2E)Nothing in this Chapter requires the Secretary of State to release the offender until—

(a)the Board has directed the release of the offender, or

(b)the offender has served a period equal to the aggregate length of—

(i)the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and

(ii)the maximum custodial periods in each of the terms that is subject to initial Parole Board referral.

(2F)For the purposes of subsections (2A) to (2E)—

(a)a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which—

(i)section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or

(ii)section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender;

(b)a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which—

(i)section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or

(ii)a notice under section 244ZB(4) is in force.]

[F536(3B)The offender's release under this Chapter is to be unconditional if—

(a)the aggregate length of the terms of imprisonment is less than 12 months, and

(b)section 243A so requires in respect of each of the sentences,

but in any other case is to be on licence.

(3C)If the offender is released on licence under this Chapter—

(a)the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);

(b)the offender is to be subject to supervision requirements under section 256AA if (and only if)—

(i)section 256AA so requires in respect of one or more of the sentences, and

(ii)the aggregate length of the terms of imprisonment is less than 2 years.

(3D)If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).

(3E)When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.]

F537(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F537(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F538(6)In this section “ [F539minimum] custodial period[F540, except if subsection (6A) applies,] means—

(a)in relation to an extended sentence imposed under section 226A or 226B [F541or under section 254, 266 or 279 of the Sentencing Code], two-thirds of the appropriate custodial term determined by the court under that section,

(b)in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

(c)in relation to a sentence imposed under section 236A [F542or under section 265 or 278 of the Sentencing Code] [F543before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force], one-half of the appropriate custodial term determined by the court under that section, and

[F544(ca)in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section,]

[F545(cb)in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence,]

(d)in relation to any other sentence, one-half of the sentence.]

[F546(6A)In this section “[F547minimum] custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—

[F548(za)in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section),]

(a)in relation to an extended sentence [F549(not being one to which paragraph (za) applies)] imposed under section 226A, 226B, 227 or [F550228 of this Act or section 254, 266 or 279 of the Sentencing Code,] or a sentence imposed under section [F551236A of this Act or section [F552252A, 265] or 278 of that Code,] two-thirds of the appropriate custodial term determined by the court under that section;

(b)in relation to any other sentence, two-thirds of the sentence.]

[F553(6B)In this section “maximum custodial period” means—

(a)in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section;

(b)in relation to any other sentence, the term of the sentence.]

(7)This section applies to a determinate sentence of detention under section 91 [F554or 96] of [F555the PCC(S)A 2000, under section 250, [F556252A,] 254, 262, 265 [F557, 266 or 268A] of the Sentencing Code] or under section [F558226A, 226B,] [F559227 ] [F560, 228 or 236A] of this Act as it applies to a term of imprisonment F561... .

[F562(8)This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]

Textual Amendments

F536S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)

F541Words in s. 264(6)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F542Words in s. 264(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F550Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F551Words in s. 264(6A)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F555Words in s. 264(7) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 236(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

Commencement Information

I119S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

F563264AConsecutive terms: intermittent custodyE+W

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

[F564264AAConsecutive terms: detention and training ordersE+W

(1)This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.

[F565(1A)In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.]

(2)Any direction in respect of the offender by the Parole Board under—

(a)subsection (5)(b) of section 246A,

(b)subsection (4)(b) of section 247A, or

(c)sub-paragraph (3) of paragraph 15 of Schedule 20B,

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section [F566or paragraph].

(3)In this section—

(a)references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and

(b)relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.]

[F567264BConsecutive terms: supplementaryE+W

(1)This section applies in a case in which section 264 applies where—

(a)the offender is released on licence under this Chapter,

(b)the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and

(c)those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day.

(2)The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of—

(a)the custodial period in relation to each of the short transitional terms, and

(b)the full length of each of the other terms.

(3)In this section “custodial period” has the same meaning as in section 264.]

Textual Amendments

Modifications etc. (not altering text)

C50S. 264B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C51S. 264B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C52S. 264B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

Restriction on consecutive sentences for released prisonersE+W

F568265Restriction on consecutive sentences for released prisonersE+W

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

Textual Amendments

Prospective

Drug testing requirementsE+W

F569266Release on licence etc: drug testing requirementsE+W

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

SupplementalE+W

267Alteration by order of relevant proportion of sentenceE+W

The Secretary of State may by order provide that any reference in [F570section 243A(3)(a),] section 244(3)(a), section 247(2) or [F571section 264(6)(d)] to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.

[F572267AApplication of Chapter 6 to pre-4 April 2005 casesE+W

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.]

Textual Amendments

Modifications etc. (not altering text)

C53S. 267A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))

[F573267BModification of Chapter 6 in certain transitional casesE+W

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.]

Textual Amendments

Modifications etc. (not altering text)

C54S. 267B applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))

[F574267CFixed-term prisoners also serving life sentenceE+W

(1)This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender.

(2)Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner.

(3)Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to—

(a)refer the prisoner’s case to the Board, or

(b)release the prisoner.

(4)The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act.

(5)The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require.

(6)In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.]

268Interpretation of Chapter 6E+W

[F575(1)] In this Chapter —

  • the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

  • the Board” means the Parole Board;

  • [F576fixed-term prisoner” and “fixed-term sentence] have the meaning given by section 237(1) [F577(as extended by section 237(1A));]

  • F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F579offender subject to supervision under this Chapter” means a person who is subject to supervision requirements under section 256AA or 256B;]

  • “prison” and “prisoner” are to be read in accordance with section 237(2);

  • [F579supervision default order” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;]

  • [F579the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate);]

  • [F579“the supervisor”—

    (a)

    in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, and

    (b)

    in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section;]

  • F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F580(1A)In this Chapter, “the requisite custodial period” means [F581(except where it has the meaning given by section 247A(8))]

(a)in relation to a person serving an extended sentence imposed under section 226A or 226B [F582or under section 254, 266 or 279 of the Sentencing Code], the requisite custodial period for the purposes of section 246A;

(b)in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c)in relation to a person serving a sentence imposed under section 236A [F583or under section 265 or 278 of the Sentencing Code], the requisite custodial period for the purposes of section 244A;

[F584(ca)in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC;]

(d)in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A [F585, 244 or 244ZA] (as appropriate).]

[F586(2)For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.]

Textual Amendments

F577S. 268: words in definition of "fixed-term prisoner" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 227; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F582Words in s. 268(1A)(a) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 238(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F583Words in s. 268(1A)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 238(b) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I120S. 268 wholly in force at 4.4.2005; s. 268 not in force at Royal Assent, see s. 336(3); s. 268 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 268 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Chapter 7E+WEffect of life sentence

F587269Determination of minimum term in relation to mandatory life sentenceE+W

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Textual Amendments

F588270Duty to give reasonsE+W

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

Textual Amendments

271AppealsE+W

(1)In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—

(1A)In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law..

(2)In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—

((1ZA))In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law..

272Review of minimum term on a reference by Attorney GeneralE+W

(1)In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—

(3A)Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time..

(2)F589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F589S. 272(2)(3) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 229, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

273Life prisoners transferred to England and WalesE+W

(1)The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.

(2)In subsection (1) “transferred life prisoner” means a person -

(a)on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and

(b)who has been transferred to England and Wales after the commencement of this section in pursuance of—

(i)an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or

(ii)a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),

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

(3)In subsection (1) “a relevant order” means [F590a minimum term order or a whole life order under section 321 of the Sentencing Code].

(4)In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.

[F591(5)The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]

Textual Amendments

F590Words in s. 273(3) substituted for s. 273(3)(a)(b) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 239 (with Sch. 27); S.I. 2020/1236, reg. 2

274Further provisions about references relating to transferred life prisonersE+W

(1)A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.

(2)In relation to a reference under that section, any reference to “the court” [F592in sections 321 to 323 of the Sentencing Code] is to be read as a reference to the High Court.

(3)A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4)Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to [F593Supreme Court] from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5)The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6)Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the [F593Supreme Court] under this section.

(7)In relation to appeals to the Court of Appeal or the [F593Supreme Court] under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Textual Amendments

F592Words in s. 274(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 240 (with Sch. 27); S.I. 2020/1236, reg. 2

275Duty to release certain life prisonersE+W

(1)Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.

(2)For subsection (1A) there is substituted—

(1A)This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.

(3)In subsection (1B)(a)—

(a)for the words from the beginning to “applies” there is substituted “ this section does not apply to him ”, and

(b)for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each of those sentences ”.

(4)After subsection (8) there is inserted—

(8A)In this section “minimum term order” means an order under—

(a)subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b)subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence)..

276Mandatory life sentences: transitional casesE+W

Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.

F594277Interpretation of Chapter 7E+W

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

Textual Amendments

Chapter 8U.K.Other provisions about sentencing

Deferment of sentenceE+W

F595278Deferment of sentenceE+W

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

Textual Amendments

Power to include drug treatment and testing requirement in certain orders in respect of young offendersE+W

279Drug treatment and testing requirement in action plan order or supervision orderE+W

F596. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I121S. 279 partly in force; s. 279 not in force at Royal Assent, see s. 336(3); s. 279 in force for certain purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))

Alteration of penalties for offencesE+W+S

Prospective

280Alteration of penalties for specified summary offencesE+W

(1)The summary offences listed in Schedule 25 are no longer punishable with imprisonment.

(2)Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.

(3)This section does not affect the penalty for any offence committed before the commencement of this section.

281Alteration of penalties for other summary offencesE+W

(1)Subsection (2) applies to any summary offence which—

(a)is an offence under a relevant enactment,

(b)is punishable with a maximum term of imprisonment of five months or less, and

(c)is not listed in Schedule 25 or Schedule 26.

(2)The Secretary of State may by order amend any relevant enactment so as to—

(a)provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or

(b)increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence.

(3)An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(4)Subsection (5) applies to any summary offence which—

(a)is an offence under a relevant enactment, and

(b)is punishable with a maximum term of imprisonment of six months.

(5)The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).

(6)Neither of the following—

(a)an order under subsection (2), or

(b)subsection (5),

affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).

(7)In this section and section 282 “relevant enactment” means any enactment contained in—

(a)an Act passed before or in the same Session as this Act, or

(b)any subordinate legislation made before the passing of this Act.

(8)In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Modifications etc. (not altering text)

Commencement Information

I122S. 281(7)(8) in force at 14.7.2022 for specified purposes by S.I. 2022/816, regs. 1(2), 2(a)

282Increase in maximum term that may be imposed on summary conviction of offence triable either wayE+W

(1)In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.

(2)Subsection (3) applies to any offence triable either way which—

(a)is an offence under a relevant enactment,

(b)is punishable with imprisonment on summary conviction, and

(c)is not listed in Schedule 1 to the Magistrates' Courts Act 1980.

(3)The F597... term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection [F598a term not exceeding the general limit in a magistrates’ court] (and the relevant enactment in question is to be read as if it had been amended accordingly).

(4)Nothing in this section affects the penalty for any offence committed before the commencement of this section.

Textual Amendments

F597Word in s. 282(3) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 13(5)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

Modifications etc. (not altering text)

C58S. 282(3) modified (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(4), 66(2)(c)

Commencement Information

I123S. 282 in force at 2.5.2022 by S.I. 2022/500, reg. 3(a)

283Enabling powers: power to alter maximum penaltiesE+W

(1)The Secretary of State may by order, in accordance with subsection (2) F599..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—

(a)as regards a summary offence, liable on conviction to a term of imprisonment;

F600(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—

(a)restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or

(b)increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.

F601(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.

(5)The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.

(6)An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(7)None of the following—

(a)an order under subsection (1), or

(b)Schedule 27,

affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).

(8)In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(9)In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.

Textual Amendments

Commencement Information

I124S. 283(4)(7) in force at 2.5.2022 for specified purposes by S.I. 2022/500, reg. 3(b)(ii)

284Increase in penalties for drug-related offencesE+W

(1)Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.

(2)That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.

285Increase in penalties for certain driving-related offencesE+W

(1)In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “ fourteen years ”.

(2)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).

(3)In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(4)In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(5)Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).

(6)In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.

(7)In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.

(8)This section does not affect the penalty for any offence committed before the commencement of this section.

286Increase in penalties for offences under section 174 of Road Traffic Act 1988E+W+S

(1)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—

(a) Summarily(a) 6 months or the statutory maximum or both
(b) On indictment(b) 2 years or a fine or both.

(2)Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.

(3)This section does not apply in relation to any offence committed before the commencement of this section.

Firearms offencesU.K.

287Minimum sentence for certain firearms offencesU.K.

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—

51AMinimum sentence for certain offences under s. 5

(1)This section applies where—

(a)an individual is convicted of—

(i)an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or

(ii)an offence under section 5(1A)(a) of this Act, and

(b)the offence was committed after the commencement of this section and at a time when he was aged 16 or over.

(2)The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(4)In this section “appropriate custodial sentence (or order for detention)” means—

(a)in relation to England and Wales—

(i)in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and

(ii)in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b)in relation to Scotland—

(i)in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,

(ii)in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and

(iii)in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.

(5)In this section “the required minimum term” means—

(a)in relation to England and Wales—

(i)in the case of an offender who was aged 18 or over when he committed the offence, five years, and

(ii)in the case of an offender who was under 18 at that time, three years, and

(b)in relation to Scotland—

(i)in the case of an offender who was aged 21 or over when he committed the offence, five years, and

(ii)in the case of an offender who was aged under 21 at that time, three years.

288Certain firearms offences to be triable only on indictmentU.K.

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—

Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)Possessing or distributing prohibited weapons or ammunition.On indictment10 years or a fine, or both.
Section 5(1)(b)Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine or both.

Section 5(1A)(a)Possessing or distributing firearm disguised as other object.On indictment10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)Possessing or distributing other prohibited weapons.

(a) Summary

(b) On indictment

6 months or a fine of the statutory maximum, or both.

10 years or a fine, or both.

F602289Power to sentence young offender to detention in respect of certain firearms offences: England and WalesU.K.

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

Textual Amendments

290Power to sentence young offender to detention in respect of certain firearms offences: ScotlandS

(1)The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2)In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case ”.

(3)In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—

(2)Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968..

291Power by order to exclude application of minimum sentence to those under 18U.K.

(1)The Secretary of State may by order—

F603(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F604(aa)amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word 18,]

F605(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 by repealing the exception to that subsection,

(d)repeal section 208(2) of that Act, and

(e)make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).

(2)The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.

Textual Amendments

F603S. 291(1)(a) repealed (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 29 (with ss. 413(4), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C59S. 291 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 130; S.I. 2012/1236, reg. 2

C60S. 291(1) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

292Sentencing for firearms offences in Northern IrelandN.I.

F606. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

293Increase in penalty for offences relating to importation or exportation of certain firearmsU.K.

(1)The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

(2)In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—

(5A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981,

subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(3)In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—

(4A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981,

subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(4)In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—

(4A)In the case of—

(a)an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or

(c)any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981,

subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.

(5)This section does not affect the penalty for any offence committed before the commencement of this section.

Offenders transferred to mental hospitalE+W+N.I.

294Duration of directions under Mental Health Act 1983 in relation to offendersE+W+N.I.

(1)Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.

(2)In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3)For subsections (2) and (3) there is substituted—

(2)A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.

(3)In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—

(a)any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and

(b)any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution..

295Access to Parole Board for certain patients serving prison sentencesE+W+N.I.

In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—

(5A)Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—

(a)the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and

(b)if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.

296Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offendersN.I.

(1)Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.

(2)In paragraph (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.

(3)For paragraphs (2) and (3) there is substituted—

(2)A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.

(3)In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.

297Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patientsN.I.

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—

(5A)Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—

(a)the fact that the restriction direction remains in force does not prevent—

(i)the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or

(ii)the making of any application by him to the Sentence Review Commissioners, and

(b)if—

(i)the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or

(ii)the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,

the restriction direction shall cease to have effect at the time at which he would become so entitled..

Prospective

Term of detention and training orderE+W

F607298Term of detention and training orderE+W

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

Textual Amendments

Disqualification from working with childrenE+W

299Disqualification from working with childrenE+W

Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.

Fine defaultersE+W

300Power to impose unpaid work requirement [F608curfew requirement or attendance centre requirement] on fine defaulterE+W

(1)Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

(a)has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b)would, but for [F609section 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2)The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a)an unpaid work requirement (as defined by [F610paragraph 1 of Schedule 9 to the Sentencing Code]), or

(b)a curfew requirement (as defined by [F611paragraph 9 of that Schedule]), F612...

F612(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this Part “default order” means an order under subsection (2).

(4)[F613Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code] (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

(5)Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

[F614(6)The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—

  • sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);

  • Schedule 9 (community orders and suspended sentence orders: requirements);

  • Schedule 10 (breach, revocation or amendment of community order);

  • Schedule 11 (transfer of community orders to Scotland or Northern Ireland).]

(7)Where a default order has been made for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b)on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8)In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Textual Amendments

Modifications etc. (not altering text)

C61S. 300 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173

Commencement Information

I125S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2

301Fine defaulters: driving disqualificationE+W

(1)Subsection (2) applies in any case where a magistrates' court—

(a)has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b)would, but for [F615section 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2)The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

(3)Where an order has been made under subsection (2) for default in paying any sum—

(a)on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b)on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(4)In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.

(5)The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.

(6)A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—

(a)any such licence held by him F616...; or

(b)in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence F617....

(7)In this section—

  • driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

  • F618...

Textual Amendments

Commencement Information

I126S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2

Chapter 9E+W+SSupplementary

302Execution of process between England and Wales and ScotlandE+W+S

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—

  • [F619section 256AC(1) or (3),

  • section 256C(1) or (3),]

  • F620...

  • F620...

  • F620...

  • F620...

  • [F621paragraph 8(1) or 10(5) of Schedule 19A,]

as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.

Textual Amendments

Modifications etc. (not altering text)

C62S. 302 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I127S. 302 wholly in force at 4.4.2005; s. 302 not in force at Royal Assent, see s. 336(3); s. 302 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 302 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 21 (subject to art. 2(2), Sch. 2)

303Sentencing: repealsE+W

The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—

(a)Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

(b)in the Crime (Sentences) Act 1997 (c. 43)—

(i)section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),

(ii)section 33 (transferred prisoners), and

(iii)sections 35 and 40 (fine defaulters),

(c)sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and

(d)in the Sentencing Act—

(i)Chapter 3 of Part 4 (community orders available only where offender 16 or over),

(ii)section 85 (sexual or violent offences: extension of custodial term for licence purposes),

(iii)sections 87 and 88 (remand in custody),

(iv)section 109 (life sentence for second serious offence), and

(v)Chapter 5 of Part 5 (suspended sentences).

Commencement Information

I128S. 303 partly in force; s. 303(b)(i)(ii) in force at 18.12.2003 see s. 336(2); s. 303(a)(c)(d) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (subject to art. 2(2), Sch. 2)

304Amendments relating to sentencingE+W

Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.

Commencement Information

I129S. 304 partly in force; s. 304 in force for certain purposes at 18.12.2003, see s. 336(2); s. 304 in force for certain purposes at 22.1.2004 by S.I. 2004/81, art. 3; s. 304 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 304 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 23 (subject to art. 2(2), Sch. 2)

305Interpretation of Part 12E+W

(1)In this Part, except where the contrary intention appears—

  • F622...

  • F623...

  • F622...

  • F622...

  • F622...

  • associated”, in relation to offences, is to be read in accordance with [F624section 400 of the Sentencing Code];

  • attendance centre” has the meaning given by section 221(2);

  • F622...

  • community order” has the meaning given by [F625section 200 of the Sentencing Code];

  • F622...

  • F622...

  • “court” (without more), except in Chapter 7, does not include a service court[F626, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;]

  • curfew requirement”, in relation to a community order, F627... or suspended sentence order, has the meaning given by [F628paragraph 9(1) of Schedule 9 to the Sentencing Code];

  • custodial sentence” has the meaning given by [F629section 222 of the Sentencing Code];

  • F630. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • default order” has the meaning given by section 300(3);

  • F622...

  • F622...

  • F622...

  • F622...

  • F622...

  • F631. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • licence” means a licence under Chapter 6;

  • F622...

  • F622...

  • [F632 the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;]

  • F622...

  • F622...

  • F622...

  • F622...

  • F622...

  • F622...

  • sentence of imprisonment” does not include a committal—

    (a)

    in default of payment of any sum of money,

    (b)

    for want of sufficient distress to satisfy any sum of money, or

    (c)

    for failure to do or abstain from doing anything required to be done or left undone ,

    and references to sentencing an offender to imprisonment are to be read accordingly;

  • the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

  • [F633service court” means—

    (a)

    the Court Martial;

    (b)

    the Summary Appeal Court;

    (c)

    the Service Civilian Court;

    (d)

    the Court Martial Appeal Court; or

    (e)

    the Supreme Court on an appeal brought from the Court Martial Appeal Court;]

  • F623...

  • suspended sentence” and “suspended sentence order” have the meaning given by [F634section 286 of the Sentencing Code];

  • F622...

  • youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

[F635(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).]

(2)For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

(3)Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

F636(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F622Words in s. 305(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F624Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F625Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F626S. 305(1): words in definition of "court" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F628Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(5) (with Sch. 27); S.I. 2020/1236, reg. 2

F629Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(6) (with Sch. 27); S.I. 2020/1236, reg. 2

F632Words in s. 305(1) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(8) (with Sch. 27); S.I. 2020/1236, reg. 2

F633S. 305(1): definition of "service court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for definitions of "service court" and "service disciplinary proceedings" by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F634Words in s. 305(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 243(7) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C63S. 305 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I130S. 305 wholly in force at 4.4.2005; s. 305 not in force at Royal Assent, see s. 336(3); s. 305(1)-(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 305 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 24 (subject to art. 2(2), Sch. 2)

Part 13E+WMiscellaneous

Detention of suspected terroristsE+W

306Limit on period of detention without charge of suspected terroristsU.K.

(1)Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.

(2)F637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)After that sub-paragraph there is inserted—

(3A)Where the period specified in a warrant of further detention—

(a)ends at the end of the period of seven days beginning with the relevant time, or

(b)by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,

the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time.

(3B)In this paragraph “the relevant time”, in relation to a person, means—

(a)the time of his arrest under section 41, or

(b)if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.

Textual Amendments

F637S. 306(2)(3) repealed (25.7.2006) by Terrorism Act 2006 (c. 11), ss. 37(5), 39, Sch. 3; S.I. 2006/1936, art. 2

Enforcement of legislation on endangered speciesE+W

307Enforcement of regulations implementing [F638EU] legislation on endangered speciesU.K.

(1)In this section—

  • the 1972 Act” means the European Communities Act 1972 (c. 68);

  • relevant [F638EU] instrument” means—

    (a)

    Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and

    (b)

    Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).

(2)Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant [F638EU] instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.

(3)In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant [F638EU] instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.

F639(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—

(a)with the omission of the words “in relation to Scotland and Northern Ireland”, and

(b)as if, in relation to England and Wales, the definition of “relevant [F638EU] instrument” also included Council Directive 92/43/ EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/ EC .

(6) Any reference in this section to [F638an] [F638EU] instrument is to be read—

(a)as a reference to that instrument as amended from time to time, and

(b)where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).

Textual Amendments

Commencement Information

I131S. 307 wholly in force at 21.7.2005; s. 307(1)-(3)(5)(6) in force at Royal Assent, see s. 336(1); s. 307(4) in force at 21.7.2005 by S.I. 2005/1817, art. 3

Miscellaneous provisions about criminal proceedingsE+W

308Non-appearance of defendant: plea of guiltyE+W

In section 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused: plea of guilty) subsection (1)(a)(i) (which excludes offences punishable with imprisonment for term exceeding 3 months) is omitted.

Commencement Information

I132S. 308 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

309Preparatory hearings for serious offences not involving fraudE+W

In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearings) in subsection (1) (preparatory hearing may be held in complex or lengthy trial) after “complexity” there is inserted “ a case of such seriousness ”.

Commencement Information

I133S. 309 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

310Preparatory hearings to deal with severance and joinder of chargesE+W

(1)In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the purposes of preparatory hearings in fraud cases) after paragraph (d) there is inserted or

(e)considering questions as to the severance or joinder of charges.

(2)In section 9(3) of that Act (determinations as to the admissibility of evidence etc) after paragraph (c) there is inserted and

(d)any question as to the severance or joinder of charges.

(3)In section 9(11) of that Act (appeals against orders or rulings under section 9(3)(b) or (c)) for “or (c)” there is substituted “ (c) or (d) ”.

(4)In section 29(2) of the Criminal Procedure and Investigations Act 1996 (purposes of preparatory hearings in non-fraud cases) after paragraph (d) there is inserted—

(e)considering questions as to the severance or joinder of charges,.

(5)In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after paragraph (b) there is inserted—

(c)any question as to the severance or joinder of charges.

Commencement Information

I134S. 310 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

311Reporting restrictions for preparatory hearingsE+W

(1)The Criminal Justice Act 1987 is amended as follows.

(2)In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(3)In section 11A (offences in connection with reporting) after subsection (3) there is inserted—

(3A)Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(4)In section 17(3) (extent) after “sections 2 and 3;” there is inserted “ sections 11 and 11A; ”.

(5)The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as follows.

(6)In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(7)In section 38 (offences in connection with reporting) after subsection (3) there is inserted—

(3A)Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(8)In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.

(9)In section 79(3) (extent) after “Parts III” there is inserted “ (other than sections 37 and 38) ”.

(10)In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.

Commencement Information

I135S. 311 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

312Awards of costsE+W

(1)The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

(2)In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is inserted “ or section 35(1) of the Criminal Procedure and Investigations Act 1996 ”.

(3)In section 18(2) (award of costs against accused in case of dismissal of appeal under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) there is inserted or

(d)an appeal or application for leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996.

Commencement Information

I136S. 312 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

313Extension of investigations by Criminal Cases Review Commission in England and WalesE+W

(1)Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.

(2)In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.

(3)In paragraph (a) of that subsection—

(a)at the beginning there is inserted “ in the case of an appeal, ”, and

(b)for “case”, in both places where it occurs, there is substituted “ appeal ”.

(4)After paragraph (a) of that subsection there is inserted—

(aa)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;.

(5)After that subsection there is inserted—

(1A)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.

(6)After subsection (4) there is inserted—

(5)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Commencement Information

I137S. 313 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

314Extension of investigations by Criminal Cases Review Commission in Northern IrelandN.I.

(1)Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.

(2)In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.

(3)In paragraph (a) of that subsection—

(a)at the beginning there is inserted “ in the case of an appeal, ”, and

(b)for “case”, in both places where it occurs, there is substituted “ appeal ”.

(4)After paragraph (a) of that subsection there is inserted—

(aa)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;.

(5)After that subsection there is inserted—

(1A)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.

(6)After subsection (4) there is inserted—

(5)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Commencement Information

I138S. 314 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

315Appeals following reference by Criminal Cases Review CommissionE+W+N.I.

(1)Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.

(2)After subsection (4) there is inserted—

(4A)Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.

(4B)The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.

(3)In subsection (5) for “any of sections 9 to” there is substituted “ section 11 or ”.

Commencement Information

I139S. 315 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

316Power to substitute conviction of alternative offence on appeal in England and WalesE+W

(1)The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3)After section 3 there is inserted—

3APower to substitute conviction of alternative offence after guilty plea

(1)This section applies on an appeal against conviction where—

(a)an appellant has been convicted of an offence to which he pleaded guilty,

(b)if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

(c)it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.

(2)The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.

Commencement Information

I140S. 316 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

317Power to substitute conviction of alternative offence on appeal in Northern IrelandN.I.

(1)The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3)After section 3 there is inserted—

3APower to substitute conviction of alternative offence after guilty plea

(1)This section applies where—

(a)an appellant has been convicted of an offence to which he pleaded guilty,

(b)if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

(c)it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.

(2)The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.

Commencement Information

I141S. 317 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

318Substitution of conviction on different charge on appeal from court-martialE+W

(1)The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

(2)In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

(3)After section 14 there is inserted—

14ASubstitution of conviction on different charge after guilty plea

(1)This section applies where—

(a)an appellant has been convicted of an offence to which he pleaded guilty,

(b)if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and

(c)it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.

(2)The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.

Commencement Information

I142S. 318 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

319Appeals against sentences in England and WalesE+W

(1)The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—

(3)An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.

(3)In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—

(7)For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—

(a)they are passed on the same day; or

(b)they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.

Commencement Information

I143S. 319 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (subject to art. 2(2), Sch. 2)

Outraging public decencyE+W

320Offence of outraging public decency triable either wayE+W

(1)After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 1980 (c. 43) (offences triable either way by virtue of section 17) there is inserted—

An offence at common law of outraging public decency.

(2)This section does not apply in relation to any offence committed before the commencement of this section.

Jury serviceE+W

321Jury serviceE+W

Schedule 33 (jury service) shall have effect.

Commencement Information

I144S. 321 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

Individual support ordersE+W

F640322Individual support ordersE+W

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

F640323Individual support orders: consequential amendmentsE+W

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

Parenting orders and referral ordersE+W

F641324Parenting orders and referral ordersE+W

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

Textual Amendments

Assessing etc. risks posed by sexual or violent offendersE+W

325Arrangements for assessing etc risks posed by certain offendersE+W

(1)In this section—

  • relevant sexual or violent offender[F642and “relevant terrorist offender” have the meanings] given by section 327;

  • responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area [F643 or (if there is no local probation board for that area) a relevant provider of probation services] and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(2)The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—

(a)relevant sexual and violent offenders,

[F644(aa)relevant terrorist offenders,]

(b)other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public [F645, and

(c)other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.]

(3)In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their [F646relevant functions].

[F647(4)A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies.

(4A)This subsection applies to—

(a)the responsible authority,

(b)a person specified in subsection (6), and

(c)a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2).

(4B)A disclosure under subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(4C)But subsection (4) does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or

(b)would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4D)Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection.

(4E)The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4).

(4F)But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act).

(4G)Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).]

(5)The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.

(6)The persons referred to in subsections (3) [F648, (4A)(b)] and (5) are—

(a)every youth offending team established for an area any part of which falls within the relevant area,

(b)the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training,

[F649(ba)[F650NHS England],]

(c)every [F651local authority acting in the exercise of its relevant functions] any part of whose area falls within the relevant area,

(d)every local housing authority F652... any part of whose area falls within the relevant area,

[F653(da)every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,]

(e)every [F654private registered provider of social housing or] registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside,

(f)every Health Authority F655... any part of whose area falls within the relevant area,

(g)every [F656integrated care board or] F657... Local Health Board any part of whose area falls within the relevant area,

(h)every NHS trust any part of whose area falls within the relevant area, F658...

(i)every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services [F659, and

(j)the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency)].

(7)The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person.

(8)The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and [F660sections 326 and 327A].

[F661(8A)Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.]

(9)In this section—

  • [F662“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

  • [F663education functions” has the meaning given by section 579(1) of the Education Act 1996;]

  • [F662“involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);]

  • [F664local authority]” has the same meaning as in the Education Act 1996 (c. 56);

  • local housing authority” has the same meaning as in the Housing Act 1985 (c. 68);

  • Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

  • NHS trust” has the same meaning as in the [F665National Health Service Act 2006];

  • [F662“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);]

  • prison” has the same meaning as in the Prison Act 1952 (c. 52);

  • [F662“processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);]

  • registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52);

  • [F666“relevant functions means—

    (a)

    in the case of a local authority, the education functions and the social services functions of that authority;

    (b)

    in the case of any other person specified in subsection (6), the functions of that person under any other enactment;]

  • [F667a relevant provider of probation services ” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007. ]

  • F668...

  • [F669social services functions ” has the meaning given [F670

    (a)

    in relation to England,] by section 1A of the Local Authority Social Services Act 1970.

    (b)

    [F671in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014].]

Textual Amendments

F655Words in s. 325(6)(f) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F656Words in s. 325(6)(g) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F657Words in s. 325(6)(g) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(d)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F665In s. 325(9) in definition of "NHS Trust" words substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 5, 8, Sch. 1 para. 254 (with Sch. 3 Pt. 1)

F667S. 325(9): definition of "a relevant provider of probation services" inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(16)(b)

Commencement Information

I145S. 325 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

326Review of arrangementsE+W

(1)The responsible authority for each area must keep the arrangements established by it under section 325 under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.

(2)The responsible authority for any area must exercise their functions under subsection (1) in consultation with persons appointed by the Secretary of State as lay advisers in relation to that authority.

(3)The Secretary of State must appoint two lay advisers under subsection (2) in relation to each responsible authority.

(4)The responsible authority must pay to or in respect of the persons so appointed such allowances as the Secretary of State may determine.

(5)As soon as practicable after the end of each period of 12 months beginning with 1st April, the responsible authority for each area must—

(a)prepare a report on the discharge by it during that period of the functions conferred by section 325 [F672, this section and section 327A] , and

(b)publish the report in that area.

(6)The report must include—

(a)details of the arrangements established by the responsible authority, and

(b)information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.

Textual Amendments

Commencement Information

I146S. 326 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

327Section 325: interpretationE+W

(1)For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of [F673subsections (2) to (4)].

(2)A person falls within this subsection if he is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).

(3)A person falls within this subsection if—

(a)he [F674has been] convicted by a court in England or Wales of murder or an offence specified in [F675Part 1 or 2 of] Schedule 15 [F676or in subsection (4A) below], and

(b)one of the following sentences [F677was] imposed on him in respect of the conviction—

(i)a sentence of imprisonment for [F678that is not for a term of less than 12 months],

(ii)a sentence of detention in a young offender institution for a term of 12 months or more,

(iii)a sentence of detention during Her Majesty’s pleasure,

(iv)a sentence of detention for public protection under section 226,

(v)a sentence of detention for a period of 12 months or more under section 91 of [F679the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 [F680or 252A] of the Sentencing Code] (offenders under 18 convicted of certain serious offences),

[F681(va)a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code,]

(vi)a sentence of detention under section [F682226B or] 228 [F683or under section 254 of the Sentencing Code],

(vii)a detention and training order for a term of 12 months or more, or

(viii)a hospital or guardianship order within the meaning of the Mental Health Act 1983 (c. 20).

(4)A person falls within this subsection if—

(a)he is found not guilty by a court in England and Wales of murder or an offence specified in [F684Part 1 or 2 of] Schedule 15 [F685or in subsection (4A) below] by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and

(b)one of the following orders is made in respect of the act charged against him as the offence—

(i)an order that he be admitted to hospital, or

(ii)a guardianship order within the meaning of the Mental Health Act 1983.

[F686(4A)The offences specified in this subsection are—

(a)an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent);

(b)an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child;

(c)an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by—

(i)supplying or offering to supply a Class A drug to a child,

(ii)being concerned in the supplying of such a drug to a child, or

(iii)being concerned in the making to a child of an offer to supply such a drug;

(d)an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection;

(e)an offence of conspiring to commit an offence so specified;

(f)an offence of attempting to commit an offence so specified.]

[F687(4B)For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D).

(4C)A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008.

(4D)A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in—

(a)paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008,

(b)paragraph (a) or (b) of section 45(2) of that Act,

(c)paragraph (a) or (b) of section 45(3) of that Act, or

(d)paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.

(4E)For the purposes of subsection (4D)—

(a)any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and

(b)any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

(4F)In subsections (4D) and (4E) “relevant terrorist offence” means—

(a)an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years),

(b)a service offence as respects which the corresponding civil offence is so specified, or

(c)an offence which was determined to have a terrorist connection (see subsection (4G));

and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).

(4G)For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or

(iii)section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or

(b)proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales).]

F688(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section[F689

  • "child" means a person under 18;]

  • court” does not include a service court, as defined by section 305(1).

Textual Amendments

F673Words in s. 327(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(2), 115(3)(j)

F676Words in s. 327(3)(a) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(3), 115(3)(j)

F679Words in s. 327(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 244(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F683Words in s. 327(3)(b)(vi) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 244(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F685Words in s. 327(4)(a) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(4), 115(3)(j)

F686S. 327(4A) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(5), 115(3)(j)

F688S. 327(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 83(6), 115(3)(j)

F689Words in s. 327(6) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 83(7), 115(3)(j)

Commencement Information

I147S. 327 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

[F690327ADisclosure of information about convictions etc. of child sex offenders to members of the publicE+W

(1)The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.

(2)In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3)The case is where the responsible authority for the area has reasonable cause to believe that—

(a)a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and

(b)the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.

(4)The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.

(5)Where the responsible authority makes a disclosure under this section—

(a)it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b)it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person.

(6)Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances.

(7)The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8)The record must include the following information—

(a)the reasons for making a decision to disclose information under this section,

(b)the reasons for making a decision not to disclose information under this section, and

(c)the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9)Nothing in this section requires or authorises the making of a disclosure which contravenes [F691the data protection legislation].

(10)This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.

Textual Amendments

F691Words in s. 327A(9) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 96 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

327BSection 327A: interpretationE+W

(1)This section applies for the purposes of section 327A.

(2)Child” means a person under 18.

(3)Child sex offence” means an offence listed in Schedule 34A, whenever committed.

(4)Child sex offender” means any person who—

(a)has been convicted of such an offence,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d)has been cautioned in respect of such an offence.

[F692(4A)The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

(5)In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about—

(a)convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

(b)anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described).

(6)References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).

(7)A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325.

(8)For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(9)In this section “cautioned”, in relation to any person and any offence, means—

(a)cautioned after the person has admitted the offence, F693...

F693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.]

Criminal record certificatesE+W

328Criminal record certificates: amendments of Part 5 of Police Act 1997E+W+N.I.

Schedule 35 (which contains amendments of Part 5 of the Police Act 1997 (c. 50)) shall have effect.

Extent Information

E1S. 328: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)

Commencement Information

I148S. 328 partly in force; s. 328 not in force at Royal Assent, see s. 336(3); s. 328 in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4(2)(m) and s. 328 in force for E.W. for certain further purposes at 6.4.2006 by S.I. 2006/751, art. 2 and in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(a)

Civil proceedings brought by offendersE+W

329Civil proceedings for trespass to the person brought by offenderE+W

(1)This section applies where—

(a)a person (“the claimant”) claims that another person (“the defendant”) did an act amounting to trespass to the claimant’s person, and

(b)the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done.

(2)Civil proceedings relating to the claim may be brought only with the permission of the court.

(3)The court may give permission for the proceedings to be brought only if there is evidence that either—

(a)the condition in subsection (5) is not met, or

(b)in all the circumstances, the defendant’s act was grossly disproportionate.

(4)If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both—

(a)that the condition in subsection (5) is met, and

(b)that, in all the circumstances, his act was not grossly disproportionate.

(5)The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because—

(a)he believed that the claimant—

(i)was about to commit an offence,

(ii)was in the course of committing an offence, or

(iii)had committed an offence immediately beforehand; and

(b)he believed that the act was necessary to—

(i)defend himself or another person,

(ii)protect or recover property,

(iii)prevent the commission or continuation of an offence, or

(iv)apprehend, or secure the conviction, of the claimant after he had committed an offence;

or was necessary to assist in achieving any of those things.

(6)Subsection (4) is without prejudice to any other defence.

[F694(7)Where—

(a)a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and

(b)the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence,

he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction.]

(8)In this section—

(a)the reference to trespass to the person is a reference to—

(i)assault,

(ii)battery, or

(iii)false imprisonment;

(b)references to a defendant’s belief are to his honest belief, whether or not the belief was also reasonable;

(c)court” means the High Court or [F695the county court] and

(d)imprisonable offence” means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment.

Textual Amendments

F694S. 329(7) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 232 (with savings (31.10.2009) in S.I. 2009/1059, arts. 1(3), 205, Sch. 1 para. 53(9)(10)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F695Words in s. 329(8)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

Part 14U.K.General

330Orders and rulesU.K.

(1)This section applies to—

(a)any power conferred by this Act on the Secretary of State to make an order or rules;

(b)the power conferred by section 168 F696. . . [F697or the Lord Chief Justice] to make an order.

[F698(c)the powers conferred on the Lord Chancellor by sections [F69929(2E),] 174(4) and 269(6) to make an order.]

(2)The power is exercisable by statutory instrument.

[F700(2A)Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown.]

(3)The power—

(a)may be exercised so as to make different provision for different purposes or different areas, and

(b)may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

(4)The power includes power to make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which the Minister making the instrument considers necessary or expedient.

(5)A statutory instrument containing—

(a)an order under any of the following provisions—

  • [F701section 22(3C),]

  • section 25(5),

  • section 103,

  • F702. . .

  • F703...

  • F704...

  • F703...

  • [F705section F706...

  • section F707... ]

  • F703...

  • section 246(5),

  • [F708section 256AZB,]

  • [F709section 256AB(4),]

  • [F710section 258(2C),]

  • section 260,

  • section 267,

  • F703...

  • section 281(2),

  • section 283(1),

  • section 291,

  • section 301(5),

  • section 325(7), and

  • [F709paragraph 6 of Schedule 19A,]

  • paragraph 5 of Schedule 31,

[F711(aa)an order under section 23A(4) which makes provision—

(i)increasing the fraction in section 23A(3)(a), or

(ii)increasing the figure in section 23A(3)(b) by more than is necessary to reflect changes in the value of money,]

F712(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F713or]

(c)an order making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, F714...

F714(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions—

  • F715...

  • F715...

  • section 253(5),

  • section 325(6)(i), and

  • section 336.

Textual Amendments

F698S. 330(1)(c) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, (with s. 180, Sch. 22)); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4))

F701Words in s. 330(5)(a) inserted (16.11.2009 for specified purposes and otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 17(5)(a), 53; S.I. 2009/2774, art. 2

F702Words in s. 330(5)(a) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 95, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)(u)(xxxi)

F704Words in s. 330(5)(a) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 13; S.I. 2014/1287, art. 2(d)

F710Words in s. 330(5)(a) inserted (E.W.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(4), 88(1); S.I. 2015/820, reg. 3(g)

F714S. 330(5)(d) and preceding word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(12)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

Modifications etc. (not altering text)

C65S. 330 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[F716330AOrders: Northern IrelandU.K.

(1)Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 F717.

(2)The Department of Justice shall not make any order—

(a)making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or

(b)under section 336(3) bringing section 43 into force,

unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(3)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 F718 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(4)Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 F719).

(5)Any power of the Department of Justice to make an order under this Act—

(a)may be exercised so as to make different provision for different purposes or different areas, and

(b)may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

(6)The power includes power to make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which the Department of Justice considers necessary or expedient.]

331Further minor and consequential amendmentsE+W

Schedule 36 (further minor and consequential amendments) shall have effect.

Commencement Information

I149S. 331 partly in force; s. 331 not in force at Royal Assent, see s. 336(3); s. 331 in force for certain purposes at 5.4.2004 by S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)); s. 331 in force for certain purposes at 1.9.2004 by S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4)); s. 331 in force for certain purposes at 15.12.2004 and for certain further purposes at 1.1.2005 by S.I. 2004/3033, arts. 3, 4; s. 331 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 26 (subject to art. 2(2), Sch. 2); s. 331 in force for N.I. for certain purposes at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 331 in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); s. 331 in force for certain purposes at 8.1.2007 by S.I. 2006/3422, art. 2; s. 331 in force for certain purposes at 1.10.2007 by S.I. 2007/2874, art. 2(1)(2)(b); s. 331 in force for certain purposes at 18.6.2012 by S.I. 2012/1320, art. 3(b)

332RepealsE+S+N.I.

Schedule 37 (repeals) shall have effect.

Commencement Information

I150S. 332 partly in force; s. 332 in force for certain purposes at Royal Assent and for certain further purposes at 18.12.2003, see s. 336(1)(2); s. 332 in force for certain purposes at 20.1.2004, 29.1.2004 and 27.2.2004 by S.I. 2004/81, arts. 2, 4, 5; s. 332 in force for certain purposes at 5.4.2004 by S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)); s. 332 in force for certain purposes at 15.12.2004 by S.I. 2004/3033, art. 3; s. 332 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 27 (subject to art. 2(2), Sch. 2); s. 332 in force for N.I. for certain purposes at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 332 in force for E.W. for certain purposes at 6.4.2006 by S.I. 2006/751, art. 2; s. 332 in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(a); s. 332 in force for certain purposes at 18.6.2012 by S.I. 2012/1320, arts. 3(c), 4(1)(b)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

I151S. 332 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(b)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

I152S. 332 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(b)(2)(3) (with arts. 3, 4)

I153S. 332 in force at 14.7.2022 for specified purposes by S.I. 2022/816, regs. 1(2), 2(b)

333Supplementary and consequential provision, etc.U.K.

(1)The Secretary of State may by order make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

[F720(1A)In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.]

(2)An order under subsection (1) may, in particular—

(a)provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b)amend or repeal—

(i)any Act passed before, or in the same Session as, this Act, and

(ii)subordinate legislation made before the passing of this Act.

(3)Nothing in this section limits the power by virtue of section 330(4)(b) [F721or 330A(6)(b)] to include transitional or saving provision in an order under section 336.

(4)The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act.

(5)In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(6)Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect.

Textual Amendments

Commencement Information

I154S. 333 partly in force; s. 333(1)-(5) in force and s. 333(6) in force for certain purposes at Royal Assent, see s. 336(1); s. 333(6) in force for certain purposes at 27.2.2004 by S.I. 2004/81, art. 5; s. 333(6) in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 28 (subject to art. 2(2), Sch. 2)

334Provision for Northern IrelandU.K.

(1)An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to those of any provisions of this Act specified in subsection (2)—

(a)shall not be subject to subsections (3) to (9) of that section (affirmative resolution of both Houses of Parliament), but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)The provisions are—

(a)in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and

(b)Parts 8, 9 and 11.

(3)In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland)—

(a)the reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 shall be read as a reference to paragraph 1 of the Schedule to the Northern Ireland Act 2000 (legislation by Order in Council during suspension), and

(b)the reference in subsection (1)(a) above to subsections (3) to (9) of that section shall be read as a reference to paragraph 2 of that Schedule.

(4)The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) (transfer of certain functions to Director of Public Prosecutions for Northern Ireland) to any function of the Attorney General for Northern Ireland of consenting to the institution of criminal proceedings includes any such function which is conferred by an amendment made by this Act.

(5)Any reference to any provision of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is to be read as a reference to that provision as amended by this Act.

335ExpensesU.K.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

336CommencementU.K.

(1)The following provisions of this Act come into force on the passing of this Act—

  • section 168(1) and (2),

  • section 183(8),

  • section 307(1) to (3), (5) and (6),

  • section 330,

  • section 333(1) to (5),

  • sections 334 and 335,

  • this section and sections 337, 338 and 339, and

  • the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and

  • paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs).

(2)The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed—

  • Chapter 7 of Part 12 (and Schedules 21 and 22);

  • section 303(b)(i) and (ii);

  • paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions);

  • Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule).

(3)The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

(4)Different provision may be made for different purposes and different areas.

[F722(5)For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).]

Subordinate Legislation Made

P1S. 336(3) power partly exercised: 26.1.2004 appointed for specified provisions by {S.I. 2003/3282}, art. 2, Sch.; different dates appointed for specified provisions by {S.I. 2004/81}, arts. 2-4; different dates appointed for specified provisions by {S.I. 2004/829}, arts. 2-4; different dates appointed for specified provisions by {S.I. 2004/1629}, arts. 2, 3; 1.8.2004 appointed for specified provisions by {S.I. 2004/1867}, art. 2; different dates appointed for specified provisions by {S.I. 2004/3033}, arts. 2-4; 7.3.2005 appointed for specified provisions by {S.I. 2005/373}, art. 2; different dates appointed for specified provisions by {S.I. 2005/950}, arts. 2-4, Sch. 1 (subject to Sch. 2) (as explained by S.I. 2005/2122, art. 2; and as amended by: S.I. 2007/391, art. 2 (revoked by S.I. 2009/3111, art. 2); 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); S.I. 2009/616, art. 2 (revoked by S.I. 2009/3111, art. 2); S.I. 2009/3111, art. 2); 9.5.2005 appointed for specified provisions by {S.I. 2005/1267}, art. 2, Sch.; different dates appointed for specified provisions by {S.I. 2005/1817}, arts. 2, 3; 1.12.2005 appointed for specified provisions by {S.I. 2005/3055}, art. 2; 6.4.2006 appointed for specified provisions by {S.I. 2006/751}, art. 2; 24.7.2006 appointed for specified provisions by {S.I. 2006/1835}, art. 2 (subject to art. 3); 1.1.2007 appointed for specified provisions by {S.I. 2006/3217}, art. 2; 8.1.2007 appointed for specified provisions by {S.I. 2006/3422}, art. 2; 25.7.2007 appointed for specified provisions by {S.I. 2007/1999}, art. 2; 1.10.2007 appointed for specified provisions by {S.I. 2007/2874}, art. 2; 3.12.2007 appointed for specified provisions by {S.I. 2007/3340}, art. 2; 7.12.2007 appointed for specified provisions by {S.I. 2007/3451}, art. 2 (subject to art. 3); 1.4.2008 appointed for a specified provision by {S.I. 2008/694}, art. 2; 9.6.2008 appointed for specified provisions by {S.I. 2008/1424}, art. 2; 16.11.2011 appointed for specified provision by {S.I. 2009/2775}, art. 2: 1.11.2009 appointed for the specified provisions by {S.I. 2009/2879}, art. 2, 3; 26.4.2010 and 1.5.2010 appointed for specified provisions by {S.I. 2010/1183}, arts. 2, 3 (with art. 4); 1.1.2011 appointed for specified provision by {S.I. 2010/3005}, art. 2

Textual Amendments

337ExtentU.K.

(1)Subject to the following provisions of this section and to section 338, this Act extends to England and Wales only.

(2)The following provisions extend also to Scotland and Northern Ireland—

  • sections 71 and 72;

  • sections 82 and 83;

  • F723...

  • section 188 and Schedule 11;

  • F723...

  • section 293;

  • section 306

  • section 307;

  • section 311;

  • this Part, except sections 331, 332 and 334(5);

  • paragraphs 19, 70 and 71 of Schedule 3;

  • F723...

  • paragraphs 3, 6, 7 and 8 of Schedule 27;

  • paragraphs 6 to 8 of Schedule 31.

(3)The following provisions extend also to Scotland—

  • section 50(14);

  • section 286;

  • sections 287, 288, and 291;

  • section 302;

  • paragraph 2 of Schedule 23;

  • paragraphs 1, 2 and 5 of Schedule 27;

  • paragraph 7 of Schedule 38.

(4)Section 290 extends to Scotland only.

(5)The following provisions extend also to Northern Ireland—

  • Part 5;

  • Part 7;

  • sections 75 to 81;

  • sections 84 to 93;

  • sections 95 to 97;

  • section 315;

  • [F724section 328;]

  • Schedule 5.

  • [F725Schedule 35.]

(6)The following provisions extend to Northern Ireland only—

  • F726. . .

  • sections 296 and 297;

  • section 314;

  • section 317;

  • section 334(5).

(7)The amendment or repeal of any enactment by any provision of—

(a)Part 1,

(b)section 285,

(c)Part 2 of Schedule 3 (except as mentioned in subsection (8)),

(d)Schedule 27,

(e)Schedule 28,

(f)Part 1 of Schedule 32,

(g)Parts 1 to 4 and 6 of Schedule 36, and

(h)Parts 1 to 4, 6 to 8, 10 and 12 of Schedule 37 (except as mentioned in subsection (9)),

extends to the part or parts of the United Kingdom to which the enactment extends.

(8)Paragraphs 29, 30, 31, 39, 41, 50, 53 and 63 of Schedule 3 do not extend to Northern Ireland.

(9)The repeals in Part 4 of Schedule 37 relating to—

(a)the Bankers' Books Evidence Act 1879 (c. 11),

(b)the Explosive Substances Act 1883 (c. 3),

(c)the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45),

(d)the Customs and Excise Management Act 1979 (c. 2), and

(e)the Contempt of Court Act 1981 (c. 49),

do not extend to Northern Ireland.

(10)The provisions mentioned in subsection (11), so far as relating to proceedings before a particular service court, have the same extent as the Act under which the court is constituted.

(11)Those provisions are—

  • section 113 and Schedule 6;

  • section 135 and Schedule 7.

(12)Nothing in subsection (1) affects —

(a)the extent of Chapter 7 of Part 12 so far as relating to sentences passed [F727in respect of service offences within the meaning of the Armed Forces Act 2006], or

(b)the extent of section 299 and Schedule 30 so far as relating to the making of orders by, or orders made by, [F728the Court Martial or the Court Martial Appeal Court].

[F729(12A)Nothing in subsection (1) affects the extent of section 94; and section 384 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act.]

(13)Any provision of this Act which—

(a)relates to any enactment contained in—

(i)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)the [F731Court Martial Appeals Act 1968](c. 20),[F732 or]

(v)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)section 113 of the Police and Criminal Evidence Act 1984 (c. 60),

(vii)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)F730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

has the same extent as the enactment to which it relates.

Textual Amendments

F727Words in s. 337(12)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 233(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F728Words in s. 337(12)(b) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 233(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F729S. 337(12A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 233(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F730S. 337(13)(a)(i)-(iii)(v)(vii)(viii) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 233(4)(a)(i), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F731Words in s. 337(13)(a)(iv) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 233(4)(a)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F732Word in s. 337(13)(a)(iv) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 233(4)(a)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F733S. 337(13)(b) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009); S.I. 2009/1167, art. 4); S.I. 2009/1167, art. 4) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 233(4)(b), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C66S. 337(12) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(12)

338Channel Islands and Isle of ManU.K.

(1)Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2)Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council.

(3)Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337.

(4)Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council.

Modifications etc. (not altering text)

C70S. 338 power extended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3)(8); S.I. 2012/1236, reg. 2

C72S. 338(1) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 181(7), 182(1)(f) (with s. 180, Sch. 22)

339Short titleU.K.

This Act may be cited as the Criminal Justice Act 2003.

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