Office of Public Sector Information
(1) Subsection (2) below applies in any case where a magistrates' court—
(a) has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates' court (other than a sum ordered to be paid under section 71 of the [1988 c. 33.] Criminal Justice Act 1988 or section 2 of the [1994 c. 37.] Drug Trafficking Act 1994); or
(b) would, but for section 1 of the 1982 Act (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.
(2) The magistrates' court may—
(a) subject to subsections (4) to (6) and (11) below, make a community service order; or
(b) subject to subsections (7) to (11) below, make a curfew order,
in respect of the person in default instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (enforcement of fines imposed on young offenders).
(3) Where a magistrates' court has power to make an order under subsection (2)(a) or (b) above, 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.
(4) In this section “community service order” has the same meaning as in the 1973 Act and—
(a) section 14(2) of that Act; and
(b) so far as applicable, the other provisions of that Act relating to community service orders and the provisions of Part I of the 1991 Act so relating,
shall have effect in relation to an order under subsection (2)(a) above as they have effect in relation to an order in respect of an offender, but subject to the exceptions in subsection (5) below.
(5) The following are the exceptions, namely—
(a) the reference in section 14(1A)(a) of the 1973 Act to 40 hours shall be construed as a reference to 20 hours;
(b) section 14(3) of that Act shall not apply;
(c) the requirements in the order under subsection (2)(a) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends school or other educational establishment;
(d) the power conferred by paragraph 3(1)(d) of Schedule 2 to the 1991 Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things; and
(e) paragraph 3(2)(a) of that Schedule shall not apply.
(6) In the case of an amount in default which is described in the first column of the following Table, the period of community service specified in an order under subsection (2)(a) above shall not exceed the number of hours set out opposite that amount in the second column of that Table.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £200 | 40 hours |
| An amount exceeding £200 but not exceeding £500 | 60 hours |
| An amount exceeding £500 | 100 hours |
(7) In this section “curfew order” has the same meaning as in Part I of the 1991 Act and—
(a) section 12(5) of that Act; and
(b) so far as applicable, the other provisions of that Part relating to curfew orders,
shall have effect in relation to an order under subsection (2)(b) above as they have effect in relation to an order in respect of an offender, but subject to the exceptions in subsection (8) below.
(8) The following are the exceptions, namely—
(a) the power conferred by paragraph 3(1)(d) of Schedule 2 to the 1991 Act to revoke the order and deal with an offender for the offence in respect of which the order was made shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things; and
(b) paragraph 3(2)(a) of that Schedule shall not apply.
(9) In the case of an amount in default which is described in the first column of the following Table, the number of days to which an order under subsection (2)(b) above relates shall not exceed the number of days set out opposite that amount in the second column of that Table.
| Amount | Number of days |
|---|---|
| An amount not exceeding £200 | 20 days |
| An amount exceeding £200 but not exceeding £500 | 30 days |
| An amount exceeding £500 but not exceeding £1,000 | 60 days |
| An amount exceeding £1,000 but not exceeding £2,500 | 90 days |
| An amount exceeding £2,500 | 180 days |
(10) A magistrates' court shall not make an order under subsection (2)(b) above in respect of a person who is under 16.
(11) A magistrates court shall not make an order under subsection (2)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.
(12) In subsection (11) above “the relevant area” means—
(a) in relation to an order under subsection (2)(a) above, the area proposed to be specified in the order;
(b) in relation to an order under subsection (2)(b) above, the area in which the place proposed to be specified in the order is situated.
(13) Where an order has been made under subsection (2)(a) or (b) above 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;
(b) on payment of a part of that sum to any such person, the total number of hours or days to which the order relates shall be reduced proportionately;
and the total number is so reduced if it is reduced by such number of complete hours or days as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.
(14) The Secretary of State may by order direct that subsection (5)(a), (6) or (9) above shall be amended by substituting for any number of hours or days there specified such number of hours or days as may be specified in the order.
(15) The power to make an order under this section shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(1) In subsection (1) of section 17 of the 1982 Act (attendance centre orders), after paragraph (b) there shall be inserted the words “or
(c) has power to commit to prison for default in payment of any sum of money a person who is under 25 but is not less than 21 years of age,”.
(2) In subsection (5) of that section, after the words “under 21” there shall be inserted the words “or, as the case may be, 25”.
(1) This section applies where—
(a) a person is convicted of an offence by a magistrates' court or before the Crown Court;
(b) the court is satisfied that each of the conditions mentioned in subsection (2) below is fulfilled; and
(c) if it were not so satisfied, the court would be minded to impose a fine in respect of the offence.
(2) The conditions are—
(a) that one or more fines imposed on the offender in respect of one or more previous offences have not been paid; and
(b) if a fine were imposed in an amount which was commensurate with the seriousness of the offence, the offender would not have sufficient means to pay it.
(3) Notwithstanding anything in section 6 of the 1991 Act, the court may—
(a) subject to subsections (4) and (6) below, make a community service order; or
(b) subject to subsections (5) and (6) below, make a curfew order,
in respect of the offender instead of imposing a fine.
(4) Subsections (4) and (5) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that—
(a) the reference in subsection (4) to subsection (2)(a) of that section shall be construed as a reference to subsection (3)(a) of this section;
(b) paragraph (a) of subsection (5) shall not apply; and
(c) the reference in paragraph (d) of that subsection to dealing with the person in respect of whom the order was made for his default in paying the sum in question shall be construed as a reference to dealing with the offender for the offence in respect of which the order was made.
(5) Subsections (7), (8) and (10) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that the references in subsections (7) and (10) to subsection (2)(b) of that section shall be construed as references to subsection (3)(b) of this section.
(6) A court shall not make an order under subsection (3)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.
(7) In subsection (6) above “the relevant area” means—
(a) in relation to an order under subsection (3)(a) above, the area proposed to be specified in the order;
(b) in relation to an order under subsection (3)(b) above, the area in which the place proposed to be specified in the order is situated.
(1) In subsection (6) of section 12A of the 1969 Act (young offenders), for paragraph (c) there shall be substituted the following paragraph—
“(c) if the supervised person is under the age of sixteen, it has obtained and considered information about his family circumstances and the likely effect of the requirements on those circumstances.”
(2) The following provisions shall cease to have effect, namely—
(a) in subsection (3) of section 2 of the 1973 Act (probation orders), the words from “and the court” to the end;
(b) in subsection (2) of section 14 of that Act (community service orders), the words “the offender consents and”; and
(c) in subsection (5) of section 12 of the 1991 Act (curfew orders), the words from “and the court” to the end.
(3) For sub-paragraph (4) of paragraph 5 of Schedule 1A to the 1973 Act (requirements as to treatment for mental condition etc) there shall be substituted the following sub-paragraph—
“(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—
(a) it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
(b) the offender has expressed his willingness to comply with such a requirement.”
(4) For sub-paragraph (4) of paragraph 6 of that Schedule (requirements as to treatment for drug or alcohol dependency) there shall be substituted the following sub-paragraph—
“(4) A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless—
(a) it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
(b) the offender has expressed his willingness to comply with such a requirement.”
(1) Subject to subsections (2) and (3) below, the court by or before which a person is convicted of an offence may, in addition to or instead of dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.
(2) Where the person is convicted of an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2), or 4(2) above, subsection (1) above shall have effect as if the words “or instead of” were omitted.
(3) A court shall not make an order under subsection (1) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.
(5) The following provisions, namely—
(a) section 164(5) of the [1988 c. 52.] Road Traffic Act 1988 (power of constables to require production of driving licence etc.); and
(b) section 27(3) of the [1988 c. 53.] Road Traffic Offenders Act 1988 (failure to produce driving licence),
shall have effect as if the reference to section 44 of the 1973 Act included a reference to this section.
(6) In this section—
“counterpart”, in relation to a driving licence, has the meaning given by section 108(1) of the Road Traffic Act 1988;
“driving licence” means a licence to drive a motor vehicle granted under Part III of that Act.
(1) This section applies in any case where a magistrates' court—
(a) has power under Part III of the 1980 Act to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates' court (other than a sum ordered to be paid under section 71 of the [1988 c. 33.] Criminal Justice Act 1988 or section 2 of the [1994 c. 37.] Drug Trafficking Act 1994); or
(b) would, but for section 1 of the 1982 Act (restrictions on custodial sentences for persons under 21), have power to issue such a warrant for such default.
(2) Subject to subsection (3) below, the magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the 1980 Act (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) A magistrates court shall not make an order under subsection (2) above unless the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(4) Where an order has been made under subsection (2) above 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;
(b) on payment of a part of that sum to any such person, the number of weeks or months to which the order relates shall be reduced proportionately;
and the total number is so reduced if it is reduced by such number of complete weeks or months as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the whole sum.
(5) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(6) Subsections (4) to (6) of section 39 above shall apply for the purposes of this section as they apply for the purposes of that section.
Schedule 1 to this Act (which makes provision with respect to the transfer of prisoners within the British Islands) shall have effect.
Schedule 2 to this Act (which makes provision, including retrospective provision, with respect to prisoners repatriated to the British Islands) shall have effect.
(1) In subsection (1) of section 12 of the 1991 Act (curfew orders), the words “of or over the age of sixteen years” shall cease to have effect.
(2) After subsection (2) of that section there shall be inserted the following subsection—
“(2A) In relation to an offender who is under the age of sixteen years, subsection (2)(a) above shall have effect as if the reference to six months were a reference to three months.”
(3) After subsection (6) of that section there shall be inserted the following subsection—
“(6A) Before making a curfew order in respect of an offender who is under the age of sixteen years, the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.”
(4) In paragraph 3(1) of Schedule 2 to the 1991 Act (enforcement of community orders), for paragraph (c) there shall be substituted the following paragraph—
“(c) where—
(i) the relevant order is a probation order, or
(ii) the relevant order is a curfew order and the offender is under the age of sixteen years,
and the case is one to which section 17 of the 1982 Act applies, it may make an order under that section requiring him to attend at an attendance centre; or”.
In subsection (2)(a) of section 53 of the 1933 Act (long term detention of children and young persons for certain grave crimes), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
“(ii) an offence under section 14 (indecent assault on a woman) or section 15 (indecent assault on a man) of the Sexual Offences Act 1956;”.
(1) After subsection (4) of section 49 of the 1933 Act (restrictions on reports of proceedings in which children or young persons are concerned) there shall be inserted the following subsections—
“(4A) If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the requirements of this section in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—
(a) the prosecution or conviction of the offender for the offence;
(b) the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;
(c) the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;
(d) where an attendance centre order is made in respect of the offence, the enforcement of any rules made under section 16(3) of the [1982 c. 48.] Criminal Justice Act 1982; or
(e) where a secure training order is so made, the enforcement of any requirements imposed under section 3(7) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.
(4B) A court shall not exercise its power under subsection (4A) above without—
(a) affording the parties to the proceedings an opportunity to make representations; and
(b) taking into account any representations which are duly made.”
(2) Subsection (1) above shall not apply where the offence was committed before the commencement of this section.
After section 45 of the 1983 Act there shall be inserted the following sections—
(1) This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law—
(a) the conditions mentioned in subsection (2) below are fulfilled; and
(b) except where the offence is one the sentence for which falls to be imposed under section 2 of the Crime (Sentences) Act 1997, the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“the relevant sentence”) in respect of the offence.
(2) The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners—
(a) that the offender is suffering from psychopathic disorder;
(b) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
(c) that such treatment is likely to alleviate or prevent a deterioration of his condition.
(3) The court may give both of the following directions, namely—
(a) a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and
(b) a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”).
(4) A hospital direction and a limitation direction shall not be given in relation to an offender unless at least one of the medical practitioners whose evidence is taken into account by the court under subsection (2) above has given evidence orally before the court.
(5) A hospital direction and a limitation direction shall not be given in relation to an offender unless the court is satisfied on the written or oral evidence of the registered medical practitioner who would be in charge of his treatment, or of some other person representing the managers of the hospital that arrangements have been made—
(a) for his admission to that hospital; and
(b) for his admission to it within the period of 28 days beginning with the day of the giving of such directions;
and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety.
(6) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the hospital direction, he may give instructions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified.
(7) Where such instructions are given—
(a) the Secretary of State shall cause the person having the custody of the patient to be informed, and
(b) the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction.
(8) Section 38(1) and (5) and section 39 above shall have effect as if any reference to the making of a hospital order included a reference to the giving of a hospital direction and a limitation direction.
(9) A hospital direction and a limitation direction given in relation to an offender shall have effect not only as regards the relevant sentence but also (so far as applicable) as regards any other sentence of imprisonment imposed on the same or a previous occasion.
(10) The Secretary of State may by order provide that this section shall have effect as if the reference in subsection (2) above to psychopathic disorder included a reference to a mental disorder of such other description as may be specified in the order.
(11) An order made under this section may—
(a) apply generally, or in relation to such classes of offenders or offences as may be specified in the order;
(b) provide that any reference in this section to a sentence of imprisonment, or to a prison, shall include a reference to a custodial sentence, or to an institution, of such description as may be so specified; and
(c) include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient.
(1) A hospital direction and a limitation direction shall be sufficient authority—
(a) for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and
(b) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.
(2) With respect to any person—
(a) a hospital direction shall have effect as a transfer direction; and
(b) a limitation direction shall have effect as a restriction direction.
(3) While a person is subject to a hospital direction and a limitation direction the responsible medical officer shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.”
(1) Subject to subsection (2) below, any power to specify a hospital which is conferred by—
(a) section 37 of the 1983 Act (hospital orders);
(b) section 45A of that Act (hospital and limitation directions);
(c) section 47 of that Act (transfer directions); or
(d) paragraph 1 of Schedule 1 to the [1991 c. 25.] Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (orders for admission to hospital),
includes power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.
(2) In subsection (1) above—
(a) paragraph (a) shall not apply unless the court also makes an order under section 41 of the 1983 Act (restriction orders);
(b) paragraph (c) shall not apply unless the Secretary of State also gives a direction under section 49 of that Act (restriction directions); and
(c) paragraph (d) shall not apply unless the court has given a direction under paragraph 2(1)(b) of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.
(3) In this section—
“hospital”, in relation to any exercise of a power, has the same meaning as in the enactment which confers the power;
“hospital unit” means any part of a hospital which is treated as a separate unit.
(4) In this section—
(a) the reference to paragraph 1 of Schedule 1 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 includes a reference to subsection (1) of section 116B of the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955 and section 63B of the [1957 c. 53.] Naval Discipline Act 1957; and
(b) the reference to paragraph 2(1)(b) of that Schedule includes a reference to subsection (2) of those sections.
(1) The 1983 Act and the 1984 Act shall have effect subject to the amendments specified in Schedule 3 to this Act, being amendments making provision with respect to transfers within the British Islands of responsibility for offenders conditionally discharged from hospital.
(2) In this section and that Schedule “the 1984 Act” means the [1984 c. 36.] Mental Health (Scotland) Act 1984.
(1) In subsection (5) of section 38 of the 1983 Act (interim hospital orders), for the words “six months” there shall be substituted the words “twelve months”.
(2) In subsection (3) of section 41 of that Act (power of higher courts to restrict discharge from hospital), in paragraph (c)(ii), after the words “section 19 above” there shall be inserted the words “or in pursuance of subsection (3) of that section”.
(3) In subsection (1) of section 47 of that Act (removal to hospital of persons serving sentences of imprisonment etc.), the words “(not being a mental nursing home)” shall cease to have effect.
(4) In paragraph 5 of Part II of Schedule 1 to that Act (patients subject to hospital and guardianship orders)—
(a) the word “and” immediately following sub-paragraph (a) shall cease to have effect; and
(b) after sub-paragraph (b) there shall be inserted the words “and
(c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.”
Crime (Sentences) Act 1997