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In section 32 of the [1991 c. 53.] Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection—
“(1) The Parole Board shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Part.”.
In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words “(2) to (4)” there shall be substituted the words “(2) or (3)”.
(1) After section 16 of the [1952 c. 52.] Prison Act 1952 there shall be inserted the following section—
(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.
(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.
(3) In this section—
“authorisation” means an authorisation by the governor;
“drug” means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971;
“intimate sample” has the same meaning as in Part V of the [1984 c. 60.] Police and Criminal Evidence Act 1984;
“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and
“prison rules” means rules under section 47 of this Act.”.
(2) After section 41A of the [1989 c. 45.] Prisons (Scotland) Act 1989 there shall be inserted the following section—
(1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.
(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.
(3) In this section—
“authorisation” means an authorisation by the governor;
“drug” means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971; and
“intimate sample” means a sample of blood, semen or any other tissue fluid, saliva or pubic hair, or a swab taken from a person’s body orifice.”.
(1) In the [1952 c. 52.] Prison Act 1952, after section 8, there shall be inserted the following section—
(1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
(2) An authorised employee searching a prisoner by virtue of this section—
(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
(b) may use reasonable force where necessary; and
(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.
(3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.
(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.
(5) In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.”.
(2) In the [1989 c. 45.] Prisons (Scotland) Act 1989, after section 41, there shall be inserted the following section—
(1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
(2) An authorised employee searching a prisoner by virtue of this section—
(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
(b) may use reasonable force where necessary; and
(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.
(3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.
(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of employees who are for the time being authorised employees.
(5) In this section—
“employee” means an employee (not being an officer of a prison) appointed under section 2(1) of this Act; and
“unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by rules under section 39 of this Act or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.”.
(1) Section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc. into prison) shall be amended as follows.
(2) In subsection (1), for the words from the beginning to “shall be guilty” there shall be substituted—
“(1) Any person who without reasonable excuse brings or introduces, or attempts by any means to bring or introduce, into a prison—
(a) any drug;
(b) any firearm or ammunition;
(c) any offensive weapon;
(d) any article to which section 1 of the [1993 c. 13.] Carrying of Knives etc. (Scotland) Act 1993 applies; or
(e) without prejudice to paragraphs (a) to (d) above, any article which is a prohibited article within the meaning of rules under section 39 of this Act,
shall be guilty”.
(3) After subsection (2) there shall be inserted the following subsections—
“(2A) Where an officer of a prison has reasonable grounds for suspecting that a person who is in or is seeking to enter a prison has in his possession any article mentioned in paragraphs (a) to (e) of subsection (1) above he shall, without prejudice to any other power of search under this Act, have power to search that person and any article in his possession and to seize and detain any article mentioned in those paragraphs found in the course of the search.
(2B) The power conferred by subsection (2A) above—
(a) shall be exercised in accordance with rules under section 39 of this Act;
(b) shall not be construed as authorising the physical examination of a person’s body orifices;
(c) so far as relating to any article mentioned in paragraph (c), (d) or (e) of subsection (1) above (and not falling within paragraph (a) or (b) of that subsection), shall not be construed as authorising an officer of a prison to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; and
(d) shall include power to use reasonable force where necessary.”.
(4) For subsection (3) there shall be substituted the following subsections—
“(3) Where an officer of a prison has reasonable grounds for suspecting that any person has committed or is committing an offence under subsection (1) above he may, for the purpose of facilitating investigation by a constable into the offence, detain that person in any place in the prison in question and may, where necessary, use reasonable force in doing so.
(4) Detention under subsection (3) above shall be terminated not more than six hours after it begins or (if earlier)—
(a) when the person is detained in pursuance of any other enactment or subordinate instrument;
(b) when the person is arrested by a constable; or
(c) where the governor of the prison or a constable investigating the offence concludes that there are no such grounds as are mentioned in subsection (3) above or the officer of the prison concludes that there are no longer such grounds,
and the person detained shall be informed immediately upon the termination of his detention that his detention has been terminated.
(5) Where a person has been released at the termination of a period of detention under subsection (3) above he shall not thereafter be detained under that subsection on the same grounds or on any grounds arising out of the same circumstances.
(6) At the time when an officer of a prison detains a person under subsection (3) above he shall inform the person of his suspicion, of the suspected offence and of the reason for the detention; and there shall be recorded—
(a) the place where and the time when the detention begins;
(b) the suspected offence;
(c) the time when a constable or an officer of the police authority is informed of the suspected offence and the detention;
(d) the time when the person is informed of his rights in terms of subsection (7) below and the identity of the officer of the prison so informing him;
(e) where the person requests such intimation as is specified in subsection (7) below to be sent, the time when such request is—
(i) made; and
(ii) complied with; and
(f) the time when, in accordance with subsection (4) above, the person’s detention terminates.
(7) A person who is being detained under subsection (3) above, other than a person in respect of whose detention subsection (8) below applies, shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to one other person reasonably named by him and shall be informed of that entitlement when his detention begins.
(8) Where a person who is being detained under subsection (3) above appears to the officer of the prison to be under 16 years of age, the officer of the prison shall send without delay to the person’s parent, if known, intimation of the person’s detention and of the place where he is being detained; and the parent—
(a) in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in respect of which the person has been detained, may; and
(b) in any other case, shall,
be permitted access to the person.
(9) The nature and extent of any access permitted under subsection (8) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.
(10) In this section—
“drug” means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971;
“firearm” and “ammunition” have the same meanings as in the [1968 c. 27.] Firearms Act 1968;
“offensive weapon” has the same meaning as in the [1953 c. 14.] Prevention of Crime Act 1953; and
“parent” includes a guardian and any person who has actual custody of a person under 16 years of age.”.
In Part I of the [1986 c. 64.] Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section—
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
(4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.”.
—In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (h) inserted by section 166(4) of this Act, there shall be inserted the following paragraph—
“(i) an offence under section 19 of the [1986 c. 64.] Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);”.
(1) The [1990 c. 37.] Human Fertilisation and Embryology Act 1990 shall be amended as follows.
(2) After section 3 there shall be inserted the following section—
(1) No person shall, for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells.
(2) In this section—
“female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and
“fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.”.
(3) In section 41(1)(a) (offences under the Act) after the words “section 3(2)” there shall be inserted “, 3A”.
(1) The enactments specified in column 2 of Part I of Schedule 8 to this Act which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Part of that Schedule shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Part of that Schedule instead of a fine of an amount specified in column 3 of that Part of that Schedule.
(2) For the amount of the maximum fine specified in column 3 of Part II of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on summary conviction of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the amount specified in column 4 of that Part of that Schedule.
(3) For the maximum term of imprisonment specified in column 3 of Part III of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on conviction on indictment, or on conviction on indictment or summary conviction, of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the maximum term of imprisonment specified in column 4 of that Part of that Schedule.
(4) Any reference in column 2 of Part II of Schedule 8 to this Act to a numbered column of Schedule 4 to the [1971 c. 38.] Misuse of Drugs Act 1971 is a reference to the column of that number construed with section 25(2)(b) of that Act.
(5) Any reference in column 2 of Part III of Schedule 8 to this Act—
(a) to a numbered column of Schedule 6 to the [1968 c. 27.] Firearms Act 1968 is a reference to the column of that number construed with section 51(2)(b) of that Act; or
(b) to a numbered column of Schedule 2 to the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981 is a reference to the column of that number construed with Article 52(2)(b) of that Order.
(6) Section 143 of the [1980 c. 43.] Magistrates' Courts Act 1980 (power of Secretary of State by order to alter sums specified in certain provisions) shall have effect with the insertion, in subsection (2), after paragraph (p), of the following paragraph—
“(q) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.”.
(7) Section 289D of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (power of Secretary of State by order to alter sums specified in certain provisions of Scots law) shall have effect with the insertion, in subsection (1A), after paragraph (e), of the following paragraph—
“(ee) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.”.
(8) Article 17 of the [S.I. 1984/703 (N.I.3).] Fines and Penalties (Northern Ireland) Order 1984 (power of Secretary of State by order to alter sums specified in certain provisions of the law of Northern Ireland) shall have effect with the insertion, in paragraph (2), after sub-paragraph (j) of the following sub-paragraph—
“(k) column 5 or 6 of Schedule 4 to the [1971 c. 38.] Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the [1994 c. 33.] Criminal Justice and Public Order Act 1994.”.
(9) Subsections (1), (2) and (3) above do not apply to an offence committed before this section comes into force.
(1) The [1989 c. 33.] Extradition Act 1989 shall be amended as follows.
(2) In section 4 (extradition Orders), in subsection (5), for the words “warrant his trial if” there shall be substituted the words “make a case requiring an answer by that person if the proceedings were a summary trial of an information against him and”.
(3) In section 7 (extradition request and authority to proceed)—
(a) in subsection (2), in paragraph (b), after the word “evidence” there shall be inserted the words “or, in a case falling within subsection (2A) below, information”; and
(b) after subsection (2), there shall be inserted the following subsection—
“(2A) Where—
(a) the extradition request is made by a foreign state; and
(b) an Order in Council falling within section 4(5) above is in force in relation to that state,
it shall be a sufficient compliance with subsection (2)(b) above to furnish information sufficient to justify the issue of a warrant for his arrest under this Act.”.
(4) In section 8 (arrest for purposes of committal)—
(a) in subsection (3) after the word “evidence” there shall be inserted the words “or, in a case falling within subsection (3A) below, information”; and
(b) after subsection (3) there shall be inserted the following subsection—
“(3A) Where—
(a) the extradition request or, where a provisional warrant is applied for, the request for the person’s arrest is made by a foreign state; and
(b) an Order in Council falling within section 4(5) above is in force in relation to that state,
it shall be sufficient for the purposes of subsection (3) above to supply such information as would, in the opinion of the person so empowered, justify the issue of a warrant of arrest.”.
(5) In section 9 (committal proceedings)—
(a) in subsection (2), for the words from “jurisdiction” to the end there shall be substituted the words “powers, as nearly as may be, including powers to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, as if the proceedings were the summary trial of an information against him; and section 16(1)(c) of the [1985 c. 23.] Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the person arrested.”;
(b) after subsection (2) there shall be inserted the following subsection—
“(2A) If a court of committal in England and Wales exercises its power to adjourn the case it shall on so doing remand the person arrested in custody or on bail.”;
(c) in subsection (4), for the words from “warrant the trial” to the end there shall be substituted the words “make a case requiring an answer by the arrested person if the proceedings were the summary trial of an information against him.”; and
(d) in subsection (8)(a), for the words from “warrant his trial” to the end, there shall be substituted the words “make a case requiring an answer by that person if the proceedings were the summary trial of an information against him.”.
(6) In section 22 (International Convention cases), in subsection (5), for the words from “warrant his trial” to the end, there shall be substituted the words “make a case requiring an answer by that person if the proceedings were the summary trial of an information against him”.
(7) In section 35 (interpretation), after subsection (2), there shall be inserted the following subsection—
“(3) For the purposes of the application of this Act by virtue of any Order in Council in force under it or section 2 of the [1870 c. 52.] Extradition Act 1870, any reference in this Act to evidence making a case requiring an answer by an accused person shall be taken to indicate a determination of the same question as is indicated by a reference (however expressed) in any such Order (or arrangements embodied or recited in it) to evidence warranting or justifying the committal for trial of an accused person.”.
(8) In Schedule 1 (provisions applying to foreign states in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force)—
(a) in paragraph 6(1) (hearing of case), for the words from “hear the case” to the end there shall be substituted the words “have the same powers, as near as may be, including power to adjourn the case and meanwhile to remand the prisoner either in custody or on bail, as if the proceedings were the summary trial of an information against him for an offence committed in England and Wales; and section 16(1)(c) of the [1985 c. 23.] Prosecution of Offences Act 1985 (costs on dismissal) shall apply accordingly reading the reference to the dismissal of the information as a reference to the discharge of the prisoner.”;
(b) after paragraph 6(1) there shall be inserted the following sub-paragraph—
“(1A) If the metropolitan magistrate exercises his power to adjourn the case he shall on so doing remand the prisoner either in custody or on bail.”; and
(c) in paragraph 7(1) (committal or discharge of prisoner), for the words from “justify the committal” to “England or Wales” there shall be substituted the words “make a case requiring an answer by the prisoner if the proceedings were for the trial in England and Wales of an information for the crime,”.
(1) The [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.
(2) In section 1 (conditions for endorsement of warrants issued in Republic of Ireland), in subsection (1)(b), after the word “acts” there shall be inserted the words “or on his way to the United Kingdom”.
(3) In section 2 (proceedings for delivery of person arrested under endorsed warrant), in subsection (2)(a) (excluded offences) the words from “, or an offence under an enactment” to “control” shall be omitted.
(4) In section 4 (procedure for provisional warrants)—
(a) in subsection (1)(c), after the word “acts” there shall be inserted the words “or on his way to the United Kingdom”;
(b) in subsection (2), for the words “five days” there shall be substituted the words “seven days”; and
(c) in subsection (3)(b), for the words “three days” there shall be substituted the words “seven days”.
(5) In the Schedule (proceedings before magistrates' court), in paragraph 3, for the words from “and the proceedings” to the end, there shall be substituted the words “as if the proceedings were the summary trial of an information against that person.”.
(1) Section 19 of the [1964 c. 48.] Police Act 1964 (area within which a constable’s powers and privileges are exercisable) shall be amended as follows—
(a) in subsection (1), after the words “England and Wales” there shall be inserted the words “and the adjacent United Kingdom waters.”;
(b) in subsection (2), after the words “area for which he is appointed” there shall be inserted the words “and, where the boundary of that area includes the coast, in the adjacent United Kingdom waters”; and
(c) after subsection (5), there shall be inserted the following subsection—
“(5A) In this section—
“powers” includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;
and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.”.
(2) Section 17 of the [1967 c. 77.] Police (Scotland) Act 1967 (general functions and jurisdiction of constables) shall be amended as follows—
(a) in subsection (4), after the word “Scotland” there shall be inserted the words “and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters”; and
(b) after subsection (7) there shall be inserted the following subsection—
“(7A) In this section—
“powers” includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;
and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.”.
(1) In section 5 of the [1984 c. 35.] Data Protection Act 1984 (prohibitions in relation to personal data, including disclosure), after subsection (5), there shall be inserted the following subsections—
“(6) A person who procures the disclosure to him of personal data the disclosure of which to him is in contravention of subsection (2) or (3) above, knowing or having reason to believe that the disclosure constitutes such a contravention, shall be guilty of an offence.
(7) A person who sells personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured the disclosure of the data to him.
(8) A person who offers to sell personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured or subsequently procures the disclosure of the data to him.
Criminal Justice and Public Order Act 1994